NAVIGATION, RULES OF. Rules and regulations which govern the motions of ships or vessels when approaching each other under such circumstances that a collision may possibly ensue.
These rules are firmly maintained in tl3e United States courts.
2. The rules of navigation which prevailed under the general maritime law, in the ab sence of statutory enactments, will first be considered, although, as hereinafter stated, they have lately been superseded by express enactment in most.of the commercial coun tries of the world.
These rules were derived mainly from the decisions of the high court of admiralty in England, and of the superior court of the United Statea, and they are based upon the rules promulgated by the corporation of the Trinity House on the 30th of October, 1840, and which may be found in full in 1 W. Rob, Adm. 488. These rules are substantially as follows : For Sailing-Vessels about to meet.
3. First, those having the wind fair shall give way to those on a wind lor close-hauled].
Second, 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.
Third, wben both vessels have the wind large or abeam, and meet, they shall pass each other in the same way, on the larboard hand ; to effect which two last-mentioned ob jeats the helm must he put to port.
1hr a Sailing and a Steam Vessel about to meet.
4. First, steam-vessels are to be con sidered in the light of vessels navigating with a fair wind, and should give way to sailing-vessels on a wind on either tack.
Second, a steam-vessel and a sailing-vessel going large, when about to meet, should each port her helm and pass on the larboard side of the other. 1 W. Rob. Achn. 478 ; 2 id. 515 ; 4 Thornt. Adm. Cas. 40.
But in the United States courts it has been al mostuniformly held, and the rule is now firmly established, that when a sailing-vessel and a steamer are about to meet, the sailing-vessel must, under ordinary circumstances, and whether going large, or before the wind, or close-hauled by the wind, keep her course, and the steamer must take all the measures necessary to avoid a collision. 17 Bost. Law
Rep. 384 ; 18 id. 181 ; 10 How. 557 ; 17 id. 152, 178 ; 18 id. 581 ; 2 West. Law Month. 423; 3 Blatchf. C. C. 92.
For Steam-Vessels about to meet.
5. First, when steam-vessels on different courses are about to meet under such circum stances as to involve the risk of collision, each vessel must put her helm to port, so as always to pass on the larboard side of the other.
Second, a steam-vessel passing another in a narrow channel must always leave the ves sel she is passing on the larboard hand.
The following abstract of authoritiee natty also be referred to as furnishing rules of de cision (in addition to the general rules of navigation) in the particular cases alluded to; and they will generally be found applica ble in cases of collision arising under the new regulations, as well as in cases arising under the general maritime law.
When a steamer or other vessel is about to pass another vessel proceeding in the same general direction, she must allow the fore most boat to keep her way and course, and must take the necessary measures to avoid a collision. 6 N. Y. Leg. Obs. 12 ; 23 How. 448 ; Abb. Adm. Pract. 108, 110 ; Olc. Adm. 505 ; 1 Blatchf. C. C. 363.
A vessel under sail or steam is bound to keep clear of a vessel stationary or at anchor, provided the latter is in a proper place, and exhibits a proper light,—the presumption in such cases being that the vessel in motion is at fault. 1 How. 89 ; 19 id. 103 ; 3 Kent, Comm. 231 ; Conkling, Adm. 394, 395 ; Dav. Dist. Ct. 359 ; l Am. Law Journ. 387 ; 1 Swab. Adm. 88 ; 3 W. Rob. Adm. 49.
A vessel entering a harbor is bound to keep the most vigilant watch to avoid a collision, 18 How. 584 ; Dav. Dist. Ct. 359 ; and in the night-time she ought generally to have her vvhole crew on deck. Id. And see 3 Kent, Comm. 231 ; 1 Dods. Adm. 467.