The Honorable Sir William Pickford, Judge of the High Court, Mr. Leslie Scott, K.C., of London; The Honorable Hugh Godley, Barrister-at-Law, of London. His Majesty the German Emperor, King of Prussia, in the name of the name of the German Empire: M. Kracker von Schwartzenfeldt, German Chargé d'Affaires at Dr. Struckmann, Senior Privy Councillor, Advisory Counsel to The President of the Argentine Republic: His Excellency M. A. Blancas, Envoy Extraordinary and His Majesty the Emperor of Austria, King of Bohemia, &c., and For Austria and Hungary: His Excellency the Count of Clary and Aldringen, His Envoy Extraordinary and Minister Plenipotentiary to His Majesty the King of the Belgians: For Austria: Dr. Stephen Worms, Divisional Adviser to the Austrian Ministry of Commerce; For Hungary: Dr. François de Nagy, Secretary of State, retired, Professor of the Royal University of Budapest, Member of the Hungarian Chamber of Deputies. His Majesty the King of the Belgians: M. Beernaert, Minister of State, President of the International Maritime Committee; M. Capelle, Envoy Extraordinary and Minister Plenipotentiary, M. Ch. Lejeune, Vice President of the International Maritime M. Louis Franck, Member of the Chamber of Representa- M. P. Segers, Member of the Chamber of Representatives. The President of the United States of Brazil: Dr. Rodrigo Octavio de Langgaard Menezes, Professor of the The President of the Republic of Chile: His Excellency M. F. Puga-Borne, Envoy Extraordinary and The President of the Republic of Cuba: M. Francisco Zayas y Alfonso, Minister Resident of the Republic of Cuba at Brussels. His Majesty the King of Denmark: M. W. de Grevenkop Castenskiold, Minister Resident of Denmark at Brussels. M. Herman Barclay Halkier, Barrister at the Supreme Court of Denmark. His Majesty the King of Spain: His Excellency M. de Baguer y Corsi, His Envoy Extraordinary Don Juan Spottorno, Auditor-General of the Royal Navy; Don Faustino Alvarez del Manzano, Professor of the Central The President of the United States of America: Mr. Walter C. Noyes, Judge of the United States Circuit Court at New York; Mr. Charles C. Burlingham, Barrister of New York; Mr. A. J. Montague, late Governor of the State of Virginia; The President of the French Republic: His Excellency M. Beau, Envoy Extraordinary and Minister M. Lyon-Caen, Member of the Institute, Professor of the Faculty His Majesty the King of the Hellenes: M. Georges Diobouniotis, Assistant Professor at the University of Athens. His Majesty the King of Italy: Prince de Castagneto Caracciolo, Italian Chargé d'Affaires at M. Francesco Berlingieri, Advocate, Professor at the University M. Francesco Mirelli, Adviser to the Naples Court of Appeal; His Majesty the Emperor of Japan: His Excellency M. K. Nabeshima, His Envoy Extraordinary M. Yoshiyuki Irie, Procurator and Adviser to the Japanese M. Takeyuki Ishikawa, Head of the Department of Maritime Affairs of the Board of Communications of Japan; M. M. Matsuda, Second Secretary of the Japanese Legation at Brussels. The President of the United States of Mexico: His Excellency M. Olarte, Envoy Extraordinary and Minister Plenipotentiary of the United States of Mexico to His Majesty the King of the Belgians; M. Victor Manuel Castillo, Advocate, Member of the Senate. The President of the Republic of Nicaragua: M. L. Vallez, Consul-General of the Republic of Nicaragua at Brussels. His Majesty the King of Norway: His Excellency Dr. G. F. Hagerup, His Envoy Extraordinary and Minister Plenipotentiary to His Majesty the King of the Belgians; M. Christian Théodor Boe, Shipowner. Her Majesty the Queen of the Netherlands: Jonkheer P. R. A. Melvill van Carnbee, Netherland Chargé M. W. L. P. A. Molengraaf, Doctor of Law, Professor at the M. B. C. J. Loder, Doctor of Law, Adviser to the Court of M. C. D. Asser, jr., Doctor of Law, Advocate, of Amsterdam. His Majesty the King of Portugal and of the Algarves: M. Antonio Duarte de Oliveira Soares, Portuguese Chargé d'Affaires at Brussels. ' His Majesty the King of Roumania: His Excellency M. Djuvara, His Envoy Extraordinary and His Majesty the Emperor of All the Russias: M. C. Nabokoff, First Secretary to the Russian Embassy at His Majesty the King of Sweden: His Excellency Count J. J. A. Ehrensvard, His Envoy Extraordinary and Minister Plenipotentiary to His Majesty the King of the Belgians; M. Einar Lange, Director of the Steamship Insurance Society of Sweden. The President of the Republic of Uruguay: His Excellency M. Luis Garabelli, Envoy Extraordinary and Who, having been duly authorized to that effect, have agreed as follows: ARTICLE 1 Where a collision occurs between seagoing vessels or between seagoing vessels and vessels of inland navigation the compensation due for damages caused to the vessels, or to any things or persons on board thereof, shall be settled in accordance with the following provisions, in whatever waters the collision takes place. ARTICLE 2 If the collision is accidental, if it is caused by force majeure, or if the cause of the collision is left in doubt, the damages are borne by those who have suffered them. This provision is applicable where the vessels, or any one of them, are moored at the time of the accident. ARTICLE 3 If the collision is caused by the fault of one of the vessels, liability to make good the damages attaches to the one which has committed the fault. ARTICLE 4 If there is mutual fault, the liability of each vessel is in proportion to the gravity of the faults respectively committed: but if, according to the circumstances, the proportion can not be established, or if it appears that the faults are equal, the liability is apportioned equally. The damages caused either to the vessels, or to their cargoes, or to the effects or other property of the crews, passengers, or other persons on board, are borne by the vessels in fault in the above proportions without joint liability toward third parties. In respect of damage caused by death or personal injury, the vessels in fault are jointly liable to third parties without prejudice, however, to the right of contribution belonging to the vessel which has paid a larger part than that which in accordance with the provisions of the first paragraph of this article she ought ultimately to bear. It is left to the law of each country to determine, as regards such right to obtain contribution, the meaning and effect of any contract or provision of law which limits the liability of the owners of a vessel toward persons on board. ARTICLE 5 The liability imposed by the preceding articles attaches, in cases where the collision is caused by the fault of a pilot, even when pilotage is compulsory. ARTICLE 6 The right of action for the recovery of damages resulting from a collision is not conditional upon the entering of a protest or the fulfillment of any other special formality. There are no legal presumptions of fault so far as responsibility for the collision is concerned. ARTICLE 7 Actions for the recovery of damages are barred after an interval of two years from the date of the accident. The period within which the right of contribution allowed by paragraph 3 of article 4 must be exercised is one year. This limitation runs only from the date of payment. The grounds upon which the said periods of limitation may be suspended or interrupted are determined by the law of the court where the case is tried. The high contracting parties reserve to themselves the right to provide by legislation in their respective countries that the said periods shall be extended in cases where it has not been possible to arrest the defendant vessel in the territorial waters of the state in which the plaintiff has his domicile or his principal place of business. ARTICLE S After a collision, the master of each of the vessels in collision is bound, so far as he can do so without serious danger to his vessel, her crew, and her pasengers, to render assistance to the other vessel, her crew, and her passengers. He is likewise bound, so far as possible, to make known the name of his own vessel and the port to which she belongs, and also the names of the ports from which she comes and to which she is bound. A breach of the above provisions does not impose any liability on the owner of a vessel. ARTICLE 9 The high contracting parties whose legislation does not forbid infringements of the preceding article bind themselves to take or to propose to their respective legislatures the measures necessary for the prevention of such infringements. The high contracting parties will communicate to one another, as soon as possible, the laws and regulations which have already been or may be hereafter promulgated in their states for giving effect to the above undertaking. |