743. From the 1st of June, 1863, subject to annulment, modification, addition, or substitution, by Order in Council, on the joint recommendation of the Admiralty and Board of Trade, the following and no other lights or fog-signals are to be exhibited or used, under the penalty of a misdemeanor and being deemed guilty of wilful default in case of collision, unless it be shown that circumstances rendered a departure from the regulations necessary. 3 M. S. A. 25, 26, 27, and sched. C.

A steamer under sail and not under steam is to be considered a sailing-ship; if under steam, whether under sail or not, she is to be considered a steam-ship. The lights, after mentioned, and no others, must be carried in all weathers between sunset and sunrise. 3 M. S. A.

SEA-GOING STEAM-SHIPS, when under weigh, must

carry

At the foremast-head, a bright white light, so fixed as to show a 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.

On the starboard side, a green light, so constructed as to throw a uniform and unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the starboard side, and of such a character as to be visible on a dark night with a clear atmosphere, at a distance of at least two miles.

On the port side, a red light, so constructed as to show a uniform unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the port side, and of such a character as to be visible on a dark

night, with a clear atmosphere, at a distance of at least

two miles.

The said green and red side-lights must be fitted with inboard screens, projecting at least three feet forward from the light, so as to prevent these lights from being seen across the bow.

Towing. Steam ships, when towing other ships, must carry two bright white masthead lights vertically, in addition to their side-lights, so as to distinguish them from other steam-ships; each of these masthead lights must be of the same construction and character as the masthead lights which other steam-ships are required to carry.

SAILING-SHIPS, under weigh or being towed, must carry the same lights as steam-vessels under weigh, with the exception of the white masthead lights, which they must never carry.

Bad weather-Whenever, as in the case of small vessels during bad weather, the green and red lights cannot be fixed, these lights must be kept on deck on their respective sides of the vessel, ready for instant exhibition; and must, on the approach of or to other vessels, be exhibited on their respective sides in sufficient time to prevent collision, in such manner as to make them most visible, and so that the green light may not be seen on the port side, nor the red light on the starboard side.

To make the use of these portable lights more certain and easy, they must each be painted outside with the colour of the light they respectively contain, and must be provided with suitable screens.

At Anchor-Ships, whether steam-ships or sailing-ships, when at anchor in roadsteads or fairways, must between sunrise and sunset exhibit, where it can best be seen, but at a height not exceeding twenty feet above the hull, a white light in a globular lantern of eight inches in diameter, and so constructed as to show a clear, uniform, and unbroken light, visible all round the horizon, and at a distance of at least one mile

Sailing pilot vessels must not carry the lights required for other sailing-vessels, but must carry a white light at the masthead, visible all round the horizon, and must also exhibit a flare-up light every fifteen minutes.

Open fishing boats and other open boats are not required to carry the side-lights required for other vessels, but must, if they do not carry such lights, carry a lantern having a green slide on the one side and a red slide on the other side; and on the approach of or to other vessels, such lantern must be exhibited in sufficient time to prevent collision, so that the green light must not be seen on the port side, nor the red light on the starboard side.

Fishing vessels and open boats, when at anchor or attached to their nets and stationary, must exhibit a bright white light.

Fishing vessels and open boats must, however, not be prevented from using a flare-up in addition, if considered expedient.

FOG-SIGNALS.-Whenever there is a fog, whether by day or night, the fog signals described below must be carried and used, and must be sounded at least every five minutes. 3 M. S. A.

Steam-ships under weigh must use a steam-whistle placed before the funnel not less than eight feet from the deck.

Sailing-ships under weigh must use a fog-horn.

Steam-ships and sailing-ships when not under weigh must use a bell. [This was not in the Admiralty Orders.]

The Admiralty orders which expired on the 3rd of June had prescribed to sailing ships under weigh on the starboard tack the use of a fog-horn, and to those on the port tack the use of a bell.

744. Irrespective of the positive ordinations of her country, or of that in the waters of which she is floating, when fog or darkness obscures the sky, every vessel is bound by the law maritime to exhibit proper lights and to make pro

per signals,-whether close-hauled or free, whether lying- o fishing, or at anchor, whether entitled to hold her course or to be carefully avoided, whether in tow, or independent on the sea, or in the river,-that others may see where she is and what she is doing, and be able to escape from her impulse or to steer safely by her. The omission is less excusable when she is in an area much frequented, or she sees another vessel approaching. Eclipse and Saxonia. City of London. Unity.

745. When there is no reasonable ground for apprehension, the absence of the light is excusable. A barge lying in a river was held excused in not exhibiting a light as soon as she saw on her port-bow the red light of a steamer a mile off and not then approaching. (Ceres.) A foreign ship on the open sea was held excusable in not exhibiting a light on perceiving one which she believed to be on the shore, and could not distinguish as the light of a vessel until the steamer which bore it was close upon her. Clyde.

746. But when it is required by positive enactment she must obey; she must carry her luminous signals although they pale in the moonshine and there is not a sail within the horizon. City of London.

747. And the lights must be in good condition so as to burn brightly. Swanland.

748. And they must be exhibited in the proper place. The Admiralty regulations not specifying at which masthead the light was to be exhibited, it was held that it might be mounted on either; but that it must be at the top, and of the topgallant mast when one was standing. (Telegraph.) A three-coloured light at the bowsprit of a sailing-vessel was held not to be a compliance with the legal requisition. (Mangenta. Urania.) The position of the lights is now prescribed (see sec. 743).

749. Fishing-boats were not required by the Admiralty regulations to carry lights; it was held that the observance of the usage to show a light in the presence of danger was

requisite and sufficient. Good Intent v. Napoleon. Olivia. Their duties in this respect are specified in a former section (743).

750. A vessel sailing in a fog is bound to blow the foghorn as soon as she sees or has intimation of another vessel with which she might come into collision. Milan. Carron. Pursuit v. Carron.

751. LOOK-OUT.-The utility of these signals is in indicating what ships there are, their character and state, what they are doing, and in what courses they are careering, when darkness or fog preclude the observance of their situation and course. But they are valueless unless other vessels keep a good look-out. It is a duty incumbent on every ship, according to her size, complement, and speed; according to the part of the water in which she is sailing, especially where there are many on different courses; according to the obscurity of the night or the day, according to the rocks and the shoals, and the winds and the currents, for her own sake and for the safety of others, to keep a good look-out. If she omit this, she is liable for the mischief she may occasion.

752. When she is about to throw herself out of command, to put herself in stays, to go about, or to anchor, it is peculiarly necessary for her to look carefully around to see that there is no danger of any vessel running foul of her while in that helpless condition. Sea Nymph.

753. Nor will the prudent mariner rely on all these precautions to encounter unnecessarily the dangers of the fog. When the fog is dense, especially where the waters are crowded with shipping, in the rivers or the estuaries, when it is difficult to discover their whereabouts or the directions of the banks, the channels, and the shoals, and all are liable to the indiscretion of others, the cautious mariner will not move his vessel from her dock, her known moorings, or other place of security, to grope among the bewildered shipping his perilous way. Orion. Corinthian.