NAVIGATION, RULES OF. Rules and regulations which goveru the motions of or vessels when approaching each oth ler under such circumstances that a collision may possibly ensue.
These rules are firmly maintained in the United States courts. A federal question is presented by a ruling of a state court which substantially ignores the obligatory force of rules of navigation; Belden v. Chase, 150 U. S. 674, 14 Sup. Ct. 264, 37 L. Ed. 1218.
The rules of navigation which prevailed under the general maritime law, in the ab sence of statutory enactments, will be re ferred to, although, as hereinafter stated, they have been superseded by express enact ment in most of the commercial countries of the world.
These rules were derived mainly from the decisions of the high court of admiralty in England, and of the superior courts of the United States, 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. 488. Though now codified, see infra, they are here continued as in the former edition as a matter of historical interest.
For sailing-vessels about to meet. 1. Those having the wind fair shall give way to those on a wind [or close-hauled].
2. 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 lar board hand.
3. When 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 objects the helm must be put to port.
For a sailing and a steam vessel about to meet. 1. Steam-vessels are to be consid ered in the light of vessels navigating with a fair wind, and should\ give way to sailing vessels on a wind on either tack.
2. A steam-vessel and a sailing-vessel go ing large, when about to meet, should each port her helm and pass on the larboard side of the other ; 1 W. Rob. 478 ; 2 id. 515.
But in the United States courts it has been almost uniformly held, and the rule is now firmly established, that when a sail ing-vessel and a steamer are about to meet, the sailing-vessel must, under ordinary cir cumstances, 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; St. John v. Paine, 10
How. (II. S.) 557, 13 L. Ed. 537; The R. R. Kirkland, 48 Fed. 760; The Havana, 54 Fed. 411; The Blue Jacket, 144 U. S. 371, 12 Sup. Ct. 711, 36 L. Ed. 469.
For steam-vessels about to meet. 1. When steam-vessels on different courses are about to meet under such circumstances as to in volve the risk of collision, each vessel must put her helm to port, so as always to pass on the larboard side of the other.
2. A steam-vessel passing another in a narrow channel must always leave the ves sel she is passing on the larboard hand.
The folloWing abstradt of authorities may also be referred to as furnishing rules of decision (in addition to the general rules of navigation) in the particular cases allud ed to ; and they will be found generally ap plicable 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 foremost boat to keep her way and course, and must take the necessary measures to avoid a collision ; Whitridge v. Dill, 23 How. (U. S.) 448, 16 L. Ed. 581; Abb. Adm. Pr. 108 ; The Rhode Island, 1 Blatchf. 363, Fed. Cas. No. 11,743.
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 pre sumption in such cases being that the ves sel in motion is at fault ; 3 Kent 231; 3 W. Rob. 49.
A vessel entering a harbor is bound to keep the most vigilant watch to avoid a collision; Culbertson v. The Southern Belle, 18 How. (U. S.) 684; 15 L. Ed. 493; and in the night-time she ought generally to have her whole crew on deck ; The Scioto, 2 Ware (Day. 359) 360, Fed. Cas. No. 12,508. And see 3 Kent 231; 1 Dods. 467.