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Rules now in force.

Lights.

Lights for

steam ships.

altered. So matters remained until the Shipping Act Amendment Act of 1862, which led to the framing of a new set of rules, issued under the authority of the Board of Trade. These being the Rules now in force (since June 1st, 1863), they are set forth verbatim, as follows:

Preliminary.

"Art. 1.-In the following Rules, every steam ship which is under sail and not under steam is to be considered a sailing ship, and every steam ship 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, numbered 3, 4, 5, 6, 7, 8, and 9, and no others, shall be carried in all weathers, from sunset to sunrise.

Art. 3.-Seagoing steam ships when under weigh shall carry

(a) At the Foremasthead, 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.

(b) 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.

(c) On the Port side, a red 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 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.

(d) The said green and red side lights shall 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.

steam tugs.

Art. 4.-Steam ships, when towing other ships, Lights for shall 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 shall be of the same construction and character as the masthead lights which other steam ships are required to carry.

Art. 5.-Sailing ships under weigh, or being Lights for

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sailing ships.

Exceptional lights for small sailing vessels.

Lights for ships at anchor,

Lights for pilot vessels.

towed, shall carry the same lights as steam ships under weigh, with the exception of the white masthead lights, which they shall

never carry.

Art. 6.-Whenever, as in the case of small vessels during bad weather, the green and red lights cannot be fixed, these lights shall be kept on deck, on their respective sides of the vessel, ready for instant exhibition; 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.

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 suitable screens. Art. 7.-Ships, whether steam ships or sailing ships, when at anchor in roadsteads or fairways, shall 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.

Art. 8.-Sailing pilot vessels shall not carry

the lights required for other sailing vessels,
but shall carry a white light at the mast-
head, visible all round the horizon, and shall
also exhibit a flare-up light every fifteen
minutes.

fishing vessels

Art. 9.-Open fishing-boats and other open Lights for
boats shall not be required to carry the side and boats.
lights required for other vessels; but shall,
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 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.

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

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

The decisions bearing on these Regulations may be classed under the following heads:-1st. Those which explain the meaning of the terms used: 2nd. Those which refer to the onus probandi: 3rd. Those which deal with the reasons which may excuse the not showing a light: 4th. Those which illustrate the manner in which the position of a light seen is to regulate the steering of the ship from which it is seen.

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1st. Cases explaining terms :-

The term "sea-going ships" has been decided not to apply to fishing vessels. These are merely bound to exhibit a light upon the approach of another vessel, as required by the common law of the sea (a). Nor, in the case of a steamer which habitually plies in a river, as a ferry boat, but occasionally goes out to sea, does the term apply to her so long as she is in the river. "I think it makes no difference," said Dr. Lushington, "that there may be times and seasons when she goes out to sea and may be required to carry the three lights" (b).

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Some questions have arisen as to the proper position of the red and green lights. The statute directs that they shall be fixed "on the starboard side" and "on the port side" of the vessel respectively. This expression does not mean that the lights are to be actually placed on the ship's side. "My understanding of the directions as to the lights," said Dr. Lushington, "is, not that there is any positive order that they shall be fixed on the starboard side, speaking of the side alone, but that the green light shall be on the right hand, and the red on the port hand, or left side of the vessel " (c). On the other hand, it appears that there must be

(a) The Olivia, 6 L. T. N. S. 398. Queen's ships, it may be here mentioned, are not bound by the statute, yet must show a reasonably sufficient light (The Leda, 7 Mitch. p. 1519).

It has been held a fault to sail so close to another ship that your light is obscured by her sails (The Zollverein, Swab. 96).

(b) The Tynemouth, 9 Mitch. 114.)

(c) The City of Carlisle, 8 Mitch. 943.

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