Article 1. A tug is a steamship within the meaning of the regulations. "No other lights" to be carried. in that case, it was stated by reliable witnesses that it is a common practice for cargo ships out of the track of ships to carry no lights. The effect of this Article, when read together with Article 3 and the following Articles, is to place a steamship towing another vessel in the same category, generally speaking, with other steamships; that is to say, the fact that she is engaged in towing does not exempt her from the obligations otherwise imposed on her by the regulations (d). In America it was held that a ship was not in fault for having two riding lights instead of one, or for having cabin lights visible along her sides (e). This decision would probably be followed as regards the numerous electric lights which are now common about a large ship's decks. So, before a light was prescribed by law for a ship ashore (ƒ), or being overtaken at night by a ship that appears not to see her, it was held that a ship was not in fault for showing over her stern to an approaching vessel a flare or one of her side lights (g); and that there was no duty cast upon a vessel being overtaken to show any light astern, until it became clear that the overtaking ship was not keeping out of the way (h). So in the case of a ship sunk (i) in a navigable channel, or casting off from her moorings (), it was held that she was not wrong in exhibiting a light, though not required to do so by law. The duty of lighting sunken ships and wrecks is, under certain circumstances, cast upon the harbour or lighthouse authority of the district (k). Care should be taken that (d) The American and The Syria, L. R. 4 A. & E. 226; S. C. on app., ibid. 6 P. C. 127; The Warrior, L. R. 3 A. & E. 553. (e) The Avon, 22 Fed. Rep. 905. (f) The Industrie, L. R. 3 A. & E. 303; The Thomas Lea, 3 Asp. Mar. Law Cas. 260. (g) The Anglo-Indian, 3 Asp. Mar. Law Cas. 1; The Merchant (h) The Jane Bacon, 27 W. R. 35. (k) See 40 & 41 Vict. c. 16, and the lights used for this purpose are not such as may mis- Article 1. lead other vessels. In an unreported case (1), a collision with a wreck was caused by the wreck being lit with two vertical white lights, which were mistaken for those of a tug. be carried in the law. The regulation lights should be exhibited in the positions Lights must required by the law (m), although there are circumstances the positions which would make it appear desirable to exhibit them else- required by where. When there is a haze on the water which obscures the riding light at the elevation required by the regulations, it seems that a ship would not be held in fault for exhibiting the riding light elsewhere (n). be replaced. It is the duty of a ship that has lost her lights by bad If lost must weather or other accident to replace them as soon as possible (0). trimmed. lights. It is no excuse for not carrying the regulation lights Lights being that they were being trimmed, or went out by accident (p). A wrong light will almost certainly cause the ship Misleading carrying it to be held in fault, if it could by possibility have misled the other ship (q). It is an infringement of Art. 1, and therefore it is not necessary for the latter to prove that she was in fact misled (»). the various local Acts. Dormont v. Furness Railway Co., 11 Q. B. D. 496, was a case where the duty was held to be cast upon the local authority. See also cases cited supra, pp. 108, seq. (1) Ad. Div. 1885. (m) As to the height of the second riding light required in the Humber, see The Magneta, 15 P. D. 101, infra, p. 599. (n) The Michelimo and The Dacca, Mitch. Mar. Reg., May 25, 1877. In this case it was alleged that there existed at Rangoon a local rule as to riding lights inconsistent with the general regulations. (0) The Saxonia and The Eclipse, Lush. 410, 422; The Aurora and The Robert Ingram, Lush. 327; The Grey Eagle, 1 Bissel, 476; 2 Bissel, 25. (p) The C. M. Palmer and The Larnax, 2 Asp. Mar. Law Cas. 94; The Flora Macdonald and The Palestine, Holt, 52; The Eclipse and The Saxonia, supra; The Victoria, 3 W. Rob. 49; The Sylph, 2 Sp. E. & A. 75, 85. (9) The Scotia and The Berkshire, (r) The Talbot, (1891) P. 184; Article 1. Notwithstanding the express terms of the regulations, Spare lights. that the lights shall be carried, it seems that a ship will not necessarily be held in fault for a collision caused by the absence of lights, or by improper lights, if the regulation lights have been destroyed, and there are no spare ones on board. The point, however, has not been expressly decided. A steamship at anchor, with her mast-head light up instead of her proper riding light, was held free from blame. Her riding light had been broken shortly before the collision in a previous collision for which she was not in fault (s). Obscuration of lights. The duty to equip a ship with fog-signals before sailing upon a voyage, so that she may be able to comply with a regulation that is enacted, but not in force, when she sails, was insisted upon in The Love Bird (t). The same rule would apply to ships' lights. The regulation lights must not be obscured in any way. A flare must not be burnt so as to make them indistinct (u). If a steamship has the wind aft, so as to blow her smoke ahead and thereby obscure her lights, it is her duty to slacken and not go at full speed (r). Where a ship carried a bright light in her cabin, which showed on deck and obscured her side lights, and the other ship alleged that she mistook it for a riding light, the former was held in fault for the collision (y). Where a tow lashed alongside had hoisted her foresail so as to obscure the tug's side lights, both tug and tow were, in America, held in fault(); so where the tug's side lights were obscured by a car float lashed alongside (a). Where a (8) The Kjobenhavn, 2 Asp. Mar. Law Cas. 213; but see The Sylph, 2 Sp. E. & A. 75; The Rob Roy, 3 W. Rob. 190; The C. M. Palmer, 2 Asp. Mar. Law Cas. 94; The Benares, 9 P. D. 16; for cases of ship's lights going out and misleading the other ship. (t) 6 P. D. 80. (u) The Sea Nymph of Chester, Holt, 34. (x) The Rona and The Ava, 2 Asp. Mar. Law Cas. 182. (y) The Ida and The Mary Ida, Ad. Div., Feb. 5th, 1878. (2) The W. A. Levering, 36 Fed. Rep. 511. (a) The Titan, 23 Fed. Rep. 413; Marshall v. The Conroy, 2 Fed. Rep. 785; The H. W. Hills, 21 Fed. Rep. ship carried her lights aft, it was held in America that the burden was on her to show that they were not obstructed by the sails or ship's side (b). Article 1. carried. The fact that it is only a short time after sunset, and Lights to be fine and clear weather, does not relieve a ship from the always obligation to carry lights (c). Under the Admiralty Regulations as to lights it was held that "it is not to be said that because it was a bright night it was not necessary to obey the Act of Parliament" (d). By the existing regulations vessels are expressly required to carry them in all weathers. When, on account of bad weather, it is not possible to carry them fixed, Art. 6 may apply, and proper lights must be exhibited from the deck (e). Special lights are required to be exhibited by dumb Special lights required by barges and dredgers and other craft in the river Thames, local rules. the Mersey (ƒ), and the Clyde (g), by ships at anchor in the Mersey and its approaches, by flats and vessels without masts in the Mersey (h), by magazines for explosives moored in the Mersey (i), by barges and trows in Bristol floating basin (), and by vessels at anchor and dumb craft in the Humber, Ouse, and Trent rivers (1). At Penarth, ships ready to dock exhibit two bright lights. Private signal lights for vessels belonging to the same owner, and flash lights (m) for drift-net fishing-boats (n), and quarantine (0) lights (a lantern at the mast-head, or in case of plague two lanterns), are also enjoined by statute when in 727; The Buffalo, 50 Fed. Rep. 628; cf. The Seacaucus, 34 Fed. Rep. 68; The Manhasset, 34 Fed. Rep. 408, aliter. (b) The Caro, 23 Fed. Rep. 734. (c) The Emperor and The Zephyr, Holt, 24. (d) The City of London, Swab. Ad. 245, 249. (e) See infra, p. 406. (f) Infra, p. 603. (g) Infra, p. 594. (h) For the Thames, Mersey, and other local regulations as to lights, Article 1. Consequences of not carry ing lights to shipowner and master. Article 2. sight of other ships or within two leagues of the United Kingdom. The signals for pilots (o) are, by day, the pilot jack or international code signal PT; by night, a blue light or a flare shown over the bulwark for one minute. As to distress signals, see Art. 31, infra, p. 576. In America, coasting and inland steamships are required to carry lights other than those described in Art. 2 (p). In the Suez Canal, ships not under way exhibit two lights (q). There are special rules as to lights for ships in Swedish waters (r). In some British colonies the local legislatures have enacted laws as to ships' lights that are not in all cases consistent with the regulations (s). A master or owner wilfully neglecting to carry lights in accordance with the regulations is guilty of a misdemeanour, and punishable with a fine of 1007. or imprisonment for six months (t). And a ship proceeding to sea may be stopped, if she is not properly supplied with lights and screens, or if they are improperly placed (u). It has been held that, as regards third parties, the shipowner, and not the pilot, is responsible for proper lights being carried (x). ARTICLE 2. A steam vessel when under way shall carry :— (a) On or in front of the foremast, or if a vessel without a foremast, then in the fore part of the vessel, at a height above the hull of not less than twenty feet, and if the breadth of the vessel exceeds twenty feet, then at a height above the hull not less than such breadth, so, (0) See Ord. in C. of 12th Dec., (2) See App. p. 604, infra. (s) As to New South Wales, see 35 Vict. No. 7, s. 94; New Zealand, 41 Vict. No. 54, s. 172. For other colonial laws on the subject, see above, p. 371. (t) 57 & 58 Vict. c. 60, s. 419. (u) Ibid. s. 420; and see, as to fishing craft, 46 & 47 Vict. c. 92, 8s. 6, 12. (x) The Ripon, 10 P. D. 65. |