with the collision which occurred, and cannot be said to have at all contributed to it. In my opinion, therefore, it has been rightly held that the P. Caland was to blame.

A steam vessel which is riding to her anchor chains without anchors and with her fires banked is a vessel not under command, and should show the signals prescribed by this Rule.1

ARTICLE 5.

A sailing vessel under way, and any vessel being towed, shall carry the same lights as are prescribed by Article 2 for a steam vessel under way, with the exception of the white lights mentioned therein, which they shall never carry.

A sailing ship is under way within the meaning of this Article as soon as she ceases to be holden by her anchors, even though she may not be moving through the water, and continues to be a vessel under way till her anchor is on the ground and holds her."

By this Article a steam vessel being towed must carry the same lights as a sailing vessel under way or being towed. A steam vessel being towed in fog, mist, falling snow, or heavy rain-storm, must sound her fog horn and not her whistle or siren. (Article 15.)

No precise definition is given of the term "being towed." It is therefore questionable whether a steam vessel must take down her masthead light as soon as the tug is made fast to her when the steam vessel intends to use her own steam, and only has the tug made fast to assist when required. It may, however, be argued that the term "being towed" implies that the tug must be actually exerting her force on the tow before she exhibits the

1 The Faedrelandet, [1895] P. 205.

2 The Esk (1869), L. R. 2 A. & E. 350; The Buckhurst (1881), 6 P. D. 155. See ante, page 3.

towing lights; or that as additional lights are given to a tug by the regulations to indicate that she is an encumbered vessel and cannot by reason of a rope attached to another vessel act as an ordinary steam vessel,' she should hoist the towing lights as soon as she is fast to the tow, and the tow, if she be a steamship, ought, as soon as the tug is fast, to take down her masthead light.

A pilot vessel, whether sailing or steam, being towed must take down her masthead light and put up her side lights.2

ARTICLE 6.

Whenever, as in the case of small vessels under way during bad weather, the green and red side lights cannot be fixed, these lights shall be kept at hand lighted and ready for use; and shall, 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 shall not be seen on the port side nor the red light on the starboard side, nor, if practicable, more than 2 points abaft the beam on their respective sides.

To make the use of these portable lights more certain and easy, the lanterns containing them shall each be painted outside with the colour of the light they respectively contain, and shall be provided with proper screens.

It is impossible to say by what class of vessels this Rule may be used, as no definition is to be found of "small vessels."

Perhaps this Rule may only be used by the vessels mentioned in the next Article, but from the decision of The Tirzah it seems that the Court might allow vessels of a larger tonnage, having regard to their sea-going qualities

M.

1 The American and Syria (1874), L. R. 6 P. C. 127, 131.

2 The Mary Hounsell (1879), 4 P. D. 204; Article 8.

C

and the state of the weather, to take advantage of this Rule.

It is impossible to say for certain what form the screens mentioned in this Article should take. Probably they should be similar in pattern to the screens mentioned in Article 2,1 and should be fixed aft on the quarters, and so constructed that the lights can be very quickly dropped into position to show in the directions specified in Article 2 (a) and (b)2.

The Tirzah, a brig of 239 tons, had screens fitted aft on the quarters in which the lights were placed in bad weather instead of in their proper screens forward. The Court found that owing to the state of the weather she was justified in taking them out of their proper screens forward and placing them aft, but held her in fault for a collision, because the lights when in the latter position were partially obscured by the sails.1

ARTICLE 7.

Steam vessels of less than 40, and vessels under oars or sails of less than 20, tons gross tonnage, respectively, and rowing boats, when under way, shall not be obliged to carry the lights mentioned in Article 2 (a) (b) and (c), but if they do not carry them they shall be provided with the following lights:

1. Steam vessels of less than 40 tons shall carry :(a) In the fore part of the vessel, or on or in front of the funnel, where it can best be seen, and at a height above the gunwale of not less than 9 feet, a bright white light constructed and fixed as prescribed in Article 2 («), and of such a character as to be visible at a distance of at least 2 miles.

(4) Green and red side lights constructed and fixed as

1 (1878), 4 P. D. 33.

prescribed in Article 2 () and (c), and of such a character as to be visible at a distance of at least 1 mile, or a combined lantern showing a green light and a red light from right ahead to 2 points abaft the beam on their respective sides. Such lantern shall be carried not less than 3 feet below the white light.

2. Small steamboats, such as are carried by sea-going vessels, may carry the white light at a less height than 9 feet above the gunwale, but it shall be carried above the combined lantern, mentioned in sub-division 1 (b).

3. Vessels under oars or sails, of less than 20 tons, shall have ready at hand a lantern with a green glass on one side and a red glass on the other, which, on the approach of or to other vessels, shall be exhibited in sufficient time to prevent collision, so that the green light shall not be seen on the port side, nor the red light on the starboard side.

4. Rowing boats, whether under oars or sail, shall have ready at hand a lantern showing a white light, which shall be temporarily exhibited in sufficient time to prevent collision.

The vessels referred to in this Article shall not be obliged to carry the lights prescribed by Article 4 («), and Article 11, last paragraph.

This Article is new to the Rules, and prescribes optional and more suitable lights to be carried by small craft.

Sub-section 3 defines the lights to be carried by sailing vessels or vessels under oars of less than 20 tons gross register. This sub-section does not apply to rowing boats, but it does apply to dumb barges and lighters propelled by oars. The light is to be visible at a distance which will be sufficient to prevent collision.

All rowing boats (this probably means small undecked or open rowing boats, as gigs, dinghies, punts, &c.) must now have on board a lantern showing a white light, and must show it in time to prevent collision.

All the vessels mentioned in this Article must carry or show a stern light as required by Article 10. The rowing boats under oars or sails will only require to have the lantern mentioned in sub-section 4, as that can be shown as a stern light.

ARTICLE 8.

Pilot vessels, when engaged on their station on pilotage duty, shall not show the lights required for other vessels, but shall carry a white light at the masthead, visible all round the horizon, and shall also exhibit a flare-up light or flare-up lights at short intervals, which shall never exceed 15 minutes.

On the near approach of or to other vessels they shall have their side lights lighted, ready for use, and shall flash or show them at short intervals, to indicate the direction in which they are heading, but the green light shall not be shown on the port side, nor the red light on the starboard side.

A pilot vessel of such a class as to be obliged to go alongside of a vessel to put a pilot on board, may show the white light instead of carrying it at the masthead, and may, instead of the coloured lights above mentioned, have at hand ready for use a lantern with a green glass on the one side and a red glass on the other, to be used as prescribed above.

Pilot vessels, when not engaged on their station on pilotage duty, shall carry lights similar to those of other vessels of their tonnage.

This Article applies to pilot vessels whether sailing or steam, under way or at anchor, with the following exception, namely:

By Order in Council of 7th July, 1897, a steam pilot vessel exclusively employed for the service of pilots licensed or certified by any pilotage authority or the committee of any pilotage district in the United Kingdom, when engaged