CHAPTER II. SHIPPING. ARTICLE I. General provisions. ARTICLE I. GENERAL PROVISIONS. SECTION 368. Definition of a ship. 369. Appurtenances and equipments. 370. Foreign and domestic navigation. 371. Foreign and domestic ships distinguished. 372. Several owners. 373. Owner for voyage. 374. Registry, &c. $368. A ship is any structure fitted for navigation. Definition Every kind of ship is included in the term "shipping." proper of a ship. nances and equipments. $369. All things, belonging to the owners, which Apparteare on board a ship, and are connected with its use, for the objects of the voyage and adventure in which the ship is engaged, are deemed its appurte nances. See the cases on this subject in 1 Pars. Mar. L., 71. and domes tic naviga tion. $370. Ships are engaged either in foreign or Foreign domestic navigation, or in the fisheries. Ships are engaged in foreign navigation, when passing to or from a foreign country; and in domestic navigation, when passing from place to place within the United States. S371. A ship in a port of the state to which it . belongs is called a domestic ship; in another port it is called a foreign ship. Foreign and domes tic ships distinguished. S372. If a ship belongs to several persons, not several partners, and they differ as to its use or repair, the owners. Owner for the voyage. Registry, enrollment controversy may be determined by any court of competent jurisdiction. This provision, which is new, is intended to establish a rule for all cases of difference, whether a majority concur in one opinion or not (See 2 Pars. Mar. Law, 555). $373. If the owner of a ship commits its possession and navigation to another, that other, and not the owner, is responsible for its repairs and supplies. S374. The registry, enrollment, and license of and license. ships, are regulated by acts of Congress. 3 Kent, 133; Hesketh v. Stevens, 7 Barb., 488. ARTICLE II. RULES OF NAVIGATION.* SECTION 375. Collisions. 1. Rules as to ships meeting each other. 2. The rule for sailing vessels. 3, 4. Rules for steamers in narrow channels. 5. Rules for steam vessels on different courses. 6. Meeting of steamers. 376. Collision from breach of rules. 377. Breaches of such rules to imply willful default. $375. In the case of ships meeting, the following rules must be observed in addition to those prescribed by that part of the POLITICAL CODE, which relates to Navigation: 1. Whenever any ship, whether a steamer or sailing ship, proceeding in one direction, meets another ship, whether a steamer or sailing ship, proceeding in another direction, so that if both ships were to continue their respective courses they would pass so near. as to involve the risk of a collision, the helms of both ships must be put to port so as to pass on the port The subjects of Pilotage and Wrecks are regulated by the POLITICAL CODE. side of each other; and this rule applies to all steamers and all sailing ships, whether on the port or starboard tack, and whether close-hauled or not, except where the circumstances of the case are such as to render a departure from the rule necessary in order to avoid immediate danger, and subject also to a due regard to the dangers of navigation, and, as regards sailing ships on the starboard tack close-hauled, to the keeping such ships under command.1 2. In the case of sailing vessels, those having the wind fair must give way to those on a wind. When both are going by the wind, the vessel on the starboard tack must keep her wind, and the one on the larboard tack bear up strongly, passing each other on the larboard hand. When both vessels have the wind large or abeam, and meet, they must pass each other in the same way on the larboard hand, to effect which two last mentioned objects the helm must be put to port. Steam vessels must be regarded as vessels navigating with a fair wind, and should give way to sailing vessels on a wind of either tack." 3. A steamer navigating a narrow channel must, whenever it is safe and practicable, keep to that side of the fair way or mid-channel which lies on the starboard side of the steamer.3 4. A steamer when passing another steamer in such channel, must always leave the other upon the larboard side. 5. When steamers must inevitably or necessarily cross so near that, by continuing their respective courses, there would be a risk of collision, each vessel must put her helm to port, so as always to pass on the larboard side of each other." The rule for sailing vessels. Rules for steamers in narrow channels. Rule for different steam vessels on courses. steamers. 6. The rules of this section do not apply to any case Meeting of for which a different rule is provided by the regulations for the government of pilots of steamers approaching each other within sound of the steam whistle, or by the regulations concerning lights upon steamers, prescribed under authority of the aets of Congress, approved August 30, 1852, and April 29, 1864.* 'This rule is from the English Mercantile Shipping Act of 1854. 17 and 18 Vic., c. 104. This rule is from the Rules of Navigation of Trinity 17 and 18 Vic., c. 104. "Rules of Trinity House. The regulations prescribed by the Board of Inspectors, under authority of the act of 1852, are as follows: All pilots of steamers navigating seas, gulfs, lakes, bays, or rivers (except rivers emptying into the Gulf of Mexico, and their tributaries, when meeting or approaching each other, whether by day or by night, and as soon as within sight and fully within sound of the steam whistle, shall observe and comply with the following REGULATIONS: RULE 1. When steamers meet "head and head." it shall be the duty of each to pass to the right or larboard side of the other. And either pilot, upon determining to pursue this course, shall give, as a signal of his intention, one short and distinct blast of his steam whistle, which the other shall answer promptly by a similar blast of the whistle. But if the course of each steamer is so far on the starboard of the other as not to be considered by the rules as meeting "head and head," or if the vessels are approaching in such a manner, that passing to the right (as above directed) is deemed unsafe, or contrary to rule, by the pilot of either vessel, the pilot so deciding shall immediately give two short and distinct blasts of his steam whistle, which the other pilot shall answer promptly by two similar blasts of his whistle, and they shall pass to the left or on the starboard side of each other. NOTE. In the night, steamers will be considered meeting "head and head," so long as both the colored lights of each are in view of the other. In the day, a similar position will also be considered head and head." RULE 2. When steamers are approaching each other in an oblique direction (as shown in diagram of fifth situation), they will pass to the right, as if meeting head and head," and the signal, by whistle, shall be given and answered promptly, as in that case specified. RULE 3. If, when steamers are approaching each other, the pilot of either vessel fails to understand the course or intention of the other. whether from the signals being given and answered erroneously, or from other cause, the pilot, so in doubt, shall immediately signify the same by giving several short and rapid blasts of the steam whistle, and if the vessels shall have approached within half a mile of each other, both shall be immediately slowed to a speed barely sufficient for steerage way, until the proper signals are given, answered and understood, or until the vessels shall have passed each other. RULE 4. When steamers are running in a fog, or thick weather, it shall be the duty of the pilot to cause a long blast of the steam whistle to be sounded at intervals not exceeding two minutes. And no steamer shall, in any case, be justified in coming into collision with another vessel if it be possible to avoid it. RULE 5. Whenever a steamer is nearing a short bend or curve in the channel, where, from the height of the banks or other cause, a steamer approaching from the opposite direction cannot be seen for a distance of half a mile, the pilot of such steamer, when he shall have arrived within half a mile of such curve or bend, shall give a signal by one long blast of the steam whistle, which signal shall be answered by a similar blast given by the pilot of any approaching steamer that may be within hearing. Should such signal be so answered by a steamer upon the further side of such bend, then the usual signals for meeting and passing shall immediately be given and answered. But if the first alarm signal of such pilot be not answered, he is to consider the channel clear, and govern himself accordingly. RULE 6. The signals by blowing of the steam whistle shall be given and answered by pilots in compliance with these rules, not only when meeting "head and head. or nearly so, but at all times, when passing or meeting, at a distance within half a mile of each other, and whether passing to the starboard or larboard. N. B.-The foregoing rules are to be complied with in all cases, except when steamers are navigating in a crowded channel or in the vicinity of wharves,-under these circumstances steamers must be run and managed with great caution, sounding the whistle as may be necessary to guard against collision or other accidents. STEAMERS' LIGHTS, TO PREVENT COLLISION AT NIGHT. RULE 7. When under weigh. All steamers rigged for carrying sail must carry a bright white light at the foremast head, and all other steamers must carry a bright white light on the stem or near the bow, and another on a mast near the stern, or on the flag-staff at the stern, the last named being at an elevation of at least twenty feet above all other lights upon the steamer. All steamers must carry a green light upon the starboard side, and a red light on the port side. S376. If it appears that a collision was occasioned by failure to observe any rule of the foregoing section, the owner of the ship by which such rule is infringed cannot recover compensation for damages sustained by the ship in such collision, unless it appears that the circumstances of the case made a departure from the rule necessary. NOTE.-Steamers, although rigged for carrying sail, instead of the foremast head light, may adopt the forward and stern lights provided for steamers not rigged for carrying sail, provided such lights are so arranged and placed on the vessel as to secure the contemplated objects. When at anchor. A bright, white light at least twenty feet above the surface of the water. The lantern so constructed and placed as to show a good light all around the horizon. FIRST. The masthead light of steamers rigged for carrying sail to be visible at a distance of at least five miles in a clear dark night, and the lantern to be so constructed as to show a uniform and unbroken light over an arc of the horizon of twenty points of the compass, namely, from right ahead to two points abaft the beam on either side of the ship. SECOND. The stem and stern lights of steamers not rigged for carrying sail to be visible at a distance of at least five miles in a clear dark night, and the respective lanterns to be so constructed that the stem light shall show a uniform and unbroken light over an arc of the horizon of twenty points of the compass, namely, from right ahead to two points abaft the beam on either side of the ship, and that the stern light shall show a uniform light all around the horizon. THIRD. The colored side lights to be visible at a distance of at least two miles in a clear dark night; and the lanterns to be so constructed as to show a uniform and unbroken light over an arc of the horizon of ten points of the compass, namely, from right ahead to two points abaft the beam on their respective sides. FOURTH. The side lights are to be fitted with inboard screens of at least six feet in length (clear of the lantern), to prevent them from being seen across the bow. The screens are to be placed in a fore and aft line with the inner edge of the side lights, and in contact therewith. NOTE FIRST. The object of carrying the bright white light at the foremast head of steamers rigged for carrying sail is merely to intimate to other vessels the approach or presence of such steamer. NOTE SECOND. The object of the colored lights required to be carried on all steamers, is to indicate to other vessels the course or direction such steamer may be steering. NOTE THIRD. The object of requiring steamers not rigged for carrying sail to carry a white stern light in connection with a white light on the stem or near the bow, is to provide (when the vessel's rig will admit of it) a method of determining, by a central range of lights, more correctly the course that such vessel is running. The regulations of the act of April 29, 1864, which apply to all “mercantile marine," are as follows: REGULATIONS FOR PREVENTING COLLISIONS ON WATER. PRELIMINARY. ARTICLE 1. What to be considered sailing-ships and what ships under steam. In the following rules every steamship which is under sail, and not under steam, is to be considered a sailing-ship; and every steamship which is under steam, whether under sail or not, is to be considered a ship under steam. RULES CONCERNING LIGHTS. ART. 2. The lights mentioned in the following articles, and no others, shall be carried in all weathers between sunset and sunrise. LIGHTS FOR STEAMSHIPS. ART. 3. All steam vessels when under way shall carry-(a.) At the foremast head. a bright white light, so fixed as to show an uniform and unbroken light over an arc of the horizon of twenty points of the compass, so fixed as to throw the light ten points on each side of the ship, viz.: from right ahead to two points abaft the beam on either side, and of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least five miles. (b.) On the starboard side. a green light, so constructed as to throw an uniform and unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from |