Division of foreign as well as British ships, is, from the nature of the case, obliged in many instances to proceed upon principles of natural equity, which are supposed to be independent of municipal law, and to be held in common by all mankind. There are likewise certain customs, which have grown up insensibly, or have been adopted by a kind of immemorial convention, amongst seafaring men of different countries; such, for example, as the wellknown rule that ships which meet one another on the high seas shall keep to the right hand instead of the left; a rule which, it is evident, is in itself purely arbitrary, though it is indispensable, for the avoidance of collisions, that there should be some rule, and that it should be observed by the mariners of all countries without exception. The province of the Court of Admiralty is, as between foreigners on the high seas, to administer and enforce these general customs, and to develope them, in case of need, according to these principles of universal equity. To this body of customary and equitable law, thus independent of local or municipal regulations, is given the title of "The Common Law of the Sea." We are now to consider, then, in what manner, the subject. according to this common law, a ship's course is to be directed, when she happens to approach some other vessel, whether at rest or in motion, so that there is a danger of collision. This question may be considered, first, with reference to two vessels which meet where there is ample sea room, and when both are in motion; and here the question may be subdivided, according as the vessels are ships under sail, steamers going alone, or steamers having ships in tow. After these cases have been disposed of, it will be necessary to examine the case of vessels which meet in rivers or narrow channels, where the course to be adopted may be affected by the exigencies of that particular navigation. Then comes the case where one of the vessels is stationary, or so nearly stationary that for practical purposes she may be regarded as a fixed object, that is to say, when she is at anchor, or hove-to, or in stays. Finally, we shall have to consider the effect of exceptional circumstances, by which the application of the ordinary rules may have to be modified. We are to begin, then, with the case of two ships which meet or cross one another's track whilst both are under sail: and, first, with the case in which they meet end-on, that is to say, in courses which are directly or nearly opposite to one another. end-on pass The rule in this case is, that the vessels are to Ships meeting pass one another so that each shall keep to its own by porting the right hand. This result is obtained by putting the helm. helm of each vessel to port. It is perhaps necessary to explain to the non-nautical reader that larboard or "port" means left-hand, and "starboard" right, and the effect of putting a ship's tiller to the left, or "porting the helm," is to make the ship turn towards the right. Thus, where there is danger of collision, the first impulse of a sailor, and, in the majority of cases, the proper measure to take is to port the helm. The exceptions to this rule, however, are of considerable importance. Ship going free makes hauled ship. 1 In the first place, when a ship is closehauled, that way for close is to say, sailing as near to the wind as she can, the inconvenience to such a vessel of altering her track is so much greater than when she is sailing before the wind, or, as it is termed, "going free," that, by an ancient general custom, when a ship closehauled is met by a ship going free, the duty of making way so as to avoid a collision is cast exclusively upon the latter. Thus in the accompanying diagram, where the wind is blowing from the North, and the ship A is sailing towards the North-east, When both are close- B C.. "hugging the wind," or "closehauled," or "sailing near the wind," that is to say, keeping a course as Northerly as the filling of her sails will permit, while the ship B is coming down from the Northeast, having the wind abaft her beam, the former vessel is at liberty to continue her course without altering her helm, while the latter must put her helm to port, and make room for A by running along the track BC. The reason is that, by porting, A would lose ground which might not be regained for a great length of time, whilst B can quickly return to her original track, having the wind in her favour, or “abaft the beam” (a). When both the ships which meet are closehauled, then that which is on the starboard tack continues (a) Woodrop-sims, 2 Dods. 86. It is no excuse for a breach of this rule that the crew of the "free" ship were at the time on the yards, reefing sails (Hope, 1 W. Rob. 156). her course, and that which is on the port tack gives B helmsman looks, from the stern forwards. The vessel B is on the starboard tack. It is easy for A to give way by porting her helm, because the effect of doing so is to go off before the wind, that is, to have the wind more in her favour than before, whereas if B were to port her helm, her head would be brought up against the wind, so as to render her unmanageable; for she is supposed to be already sailing as near the wind as is practicable. The duty of giving way, therefore, is in this case imposed exclusively upon A, the vessel on the port tack. These are the leading principles of the "rule of the road," as applicable to ships under sail when they meet end-on. at an angle. When, instead of meeting end-on, they are cross- Ships crossing ing one another's tracks, as when one is sailing from North to South, and another from East to West, the rule of porting the helm is no longer in all cases applicable. It is impossible for two ships which are both closehauled to approach each other, so as to involve risk of collision, in any direction but the one already pointed out; the course of each ship, relatively to the wind, being determined by the fact that she is closehauled. The only cases we Free ship is for the other, by going astern. have here to deal with are, where one is closehauled and the other going free, or where both are going to make way free. In the former of these cases, the duty of making way for the closehauled ship is still cast on the vessel going free, but she is to make way, not necessarily by porting her helm, but by going astern of the closehauled ship. Thus, if A is a ship closehauled on the starboard tack, and B a ship going free, the wind being from the North, B is to make way for A by going astern of her, which, in the case given in the diagram, must be by starboarding her helm, so as to carry her along the track B C. Summary of rules. B с The following, then, are the common law rules of the sea as to steering, that is to say, these are the rules as they exist independently of statutory enactments. Rule 1.-When two ships, each having the Rule 3.-When two ships, both closehauled, (a) Williams v. Gutch, 14 Moore P. C. C. 202; Victoria, 9 Mitch. 751. (b) Woodrop-sims, 2 Dods. 86; Speed, 2 W. Rob. 229. |