2. The Navigation of Ships. Rules of the Sea.—For the government of ships in their course over the sea, convenience and necessity early gave rise to certain accustomed practices which have ultimately resulted in rules that are known as the rules of the sea. Those rules, which are still recognised by all maritime nations, were set forth in a notice published by the Trinity House on the 30th October, 1840, in the following terms : " The recognised rules for sailing-vessels is, that those having the wind fair, shall give way to those on a wind; that when both are going by the wind, the vessel on the starboard tack shall keep her wind, and the one on the larboard tack bear up, thereby passing each other on the larboard hand; that when both vessels have the wind large or a-beam, and meet, they shall 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, for the pur poses of these rules were rega.cded as vessels navigating with a fair wind, and were to give way to sailing-vessels on a wind on either tack. With regard to steamers passing each other, it was at that time the rule that each should put her helm to port, and in narrow channels that a steamer should always leave the vessel she is passing on the larboard hand.
The rules already given are still in force on the high seas among other nations, and consequently must be observed also by British ships when passing a foreign ship. It seemed good, however, to the British parliament to introduce new rules into the Merchant Shipping Act of 1854, which are now compulsory on all British vessels when passing each other. These rules are the following: 1. "Whenever any ship, whether a steam or sailing ship, proceeding in one direction, meets another ship, whether a steam or sailing ship, proceeding in another direction, so that if both ships were to continue their respec tive courses, they would pass so near as to involve any risk of a collision, the helms of both ships shall be put to port, so as to pass on the port aide of each other. This rule shall be obeyed by all steam ships and by all sailing-ships, whether on the port or starboard tack, and whether close-hauled or not; unless 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 the proviso, that due regard shall be had to the dangers of navigatiou, and as regards sailing ships on the starboard tack close-hauled, to the keeping such ships under command. 2. Every steam-ship, when navigating any narrow channel, shall, whenever it is safe and practicable, keep to that side of the fair-way or mid-channel, which lies on the starboard side of such steam-ship."
A code of rules respecting the exhibition of lights on board, and the use of fog signals, has been published by the Admiralty under thd authority of the statute. Steamers between sunset and sunrise are to exhibit a bright white light at the foremast head ; a green light on the starboard side, and a red light on the port side, except that when they are proceeding under sails only, the light on the mast is to be dispensed with. Sailing-vessels are to exhibit the red and the green side lights in accordance with the above rule, but no white light on the mast. Pilot vessels are to carry only a white light at the mast head, and to exhibit a flare-up light every fifteen minutes. Sea-going vessels at anchor in roadsteads or fair-ways, must exhibit, on a con spicuous part, not more than 20 feet from the hull, a white light in an eight-inch globular lantern. As fog signals, ssiling-vessels when under way, are in all cases of fog required to use, when on the starboard tack, a fog-horn, and, when on the port tack, to ring a bell, sounding the one or the other respectively, once at least every five minutes; and steamers when under way and their steam up, are to use a steam whistle before the funnel, sounding it once at least every five minutes ; but when their steam is not up they are to use a fog-horn or bell, as in the case of sailing-vessels.
allisions.—Notwithatanding these rules for the guidance and pro tection of ships in their progress at sea, and in the fair-ways of mari time traffic, collisions do occur, and questions of fact, difficult to determine, arise as to the existence of negligence in either vessel or in both. It would be quite impossible here to enter upon a detail of eases illustrative of this part of the law. Those who are desirous of considering the subject when exhibited in the occurrences of maritime life must consult those works, the titles of some of which we have appended to this article, in which every help Is offered to a complete comprehension of the principles of the law, and their application to facts. The leading rules, however, of the law on this subject may here be succinctly set down. Those of the general maritime law are these, namely, 1, when the injury occasioned is the result of pure accident, the loss lies where it fell ; 2, if both parties are to blame, the loss is divided between them ; 3, if it happen through misconduct of the suffering party only, he bears his own burden ; 4, if It be entirely the fault of the other valeta, the sufferer is entitled to complete com pensation for his loos.