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$6768. Pilot-Vessels On and Off Duty.-Pilot-vessels on their station or on pilotage duty must carry a white light at the mast-head visible all around the horizon, and exhibit a flare-up light or lights at short intervals, which shall never exceed fifteen minutes. On near approach to other vessels, they must have their side lights ready for use, and flash or show them at short intervals to indicate the direction in which they are heading; but the green lights must not be shown on the port side, nor the red light on the starboard side. A pilot-vessel of such a class as to be obliged to go alongside to put the pilot on board, may show the white light instead of carrying it at the masthead, and may, instead of the colored lights, have at hand ready for use a lantern with green glass on one side and red glass on the other, to be used as prescribed above. When the pilot vessel is not engaged on its station or on pilotage duty, it must carry lights similar to those of other vessels of its tonnage.17

$6769. Overtaken Vessels.-A vessel which is being overtaken by another must show from her stern to such overtaking vessel, a white light or a flare-up light.18 The white light may be fixed or carried in a lantern, but in such a case the lantern shall be so constructed, fitted and screened that it shall throw an unbroken light over an are of the horizon of twelve points of the compass, namely, for six points from right aft on each side of the vessel so as to be visible at a distance of at least one mile. Such lights must be carried as near as practicable on the same level as the side lights. 19 If the overtaken vessel elects to use a flare-up instead of a side screen light, it is her duty to maintain an efficient lookout astern to display a flare-up as soon as the overtaking vessel can be seen.2 20

$6770. Vessels at Anchor or Vessels Aground In or Near Fairway-Riding-Lights.-Vessels under one hundred and fifty feet in length lying at anchor must carry forward where it can best be seen, but at a height not exceeding twenty feet above the hull, a clear, uniform and unbroken white light, called a riding-light, visible all around

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the horizon at a distance of at least one mile. Vessels of a greater length must carry, in addition to the above-mentioned light, another light, at or near the stern of the vessel, at such a height that it shall not be less than fifteen feet lower than the forward light. The length of the vessel under these rules is determined by the length appearing in the certificate of registry.21 Vessels aground in or near fairways must carry two red lights in addition to these lights.22 Under the rules governing navigation on the lakes, a steamer should not carry sailinglights when aground, and is in fault for a collision resulting from her misleading an approaching vessel by the display of such lights.23 These anchor rules apply to all waters subject to the navigation rules of this country, except the western rivers; on these waters it is provided that all vessels shall, between sunset and sunrise, 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 eight inches in diameter, so constructed as to show its light all around the horizon at a distance of at least one mile.24 The provision of the older laws requiring a torch to be exhibited on sailing-vessels did not apply to a vessel at anchor.25 Boats moored in the usual manner alongside a wharf and not in the way of other boats need not exhibit lights unless under circumstances of special danger.26 It is the duty of a vessel at anchor to keep a competent person on watch to see that the anchor light or lights are properly exhibited, and to do all in his power to avert or minimize a collision.27

§ 6771. War Vessels. The navigation rules were made with special reference to the merchant marine, and provide that nothing therein shall interfere with the operation of any special rules made by the government of any nation with respect to additional station and signal lights for two or more ships of war, or for vessels sailing under convoy, or with the exhibition of recognition signals adopted by shipowners, which have been authorized by their respective governments and duly registered and published.28 The rules for the navigation of the Great Lakes and the rivers emptying into the Gulf of Mexico allow

21 Article 11 of the International Navigation Rules; Article 11 of the Rules for Inland Rivers and Harbors; Rule 9 of the Rules for the Great Lakes.

22 Article 11 of the International Navigation Rules.

23 The Maurice B. Grover, 92 Fed. Rep. 678; s. c. 34 C. C. A. 616.

24 Rule 10 of the Red River of the North &c. Rules.

25

The Oregon, 158 U. S. 186; s. c. 39 L. ed. 943; 15 Sup. Ct. Rep. 804. 26 Hadden v. The J. H. Rutter, 35 Fed. Rep. 365.

"Mary Tug Co. v. British India Steam Nav. Co., [1897] A. C. 351; s. c. 66 L. J. P. C. (N. S.) 92. See also, The Drew, 35 Fed. Rep. 789.

28 Article 13 of the International Navigation Rules; Article 13 of the Inland River and Harbor Rules.

the suspension of navigation rules with reference to war vessels and revenue cutters whenever, in the opinion of the Secretary of the Navy, the Commander in Chief of the squadron, or Commander of a vessel acting singly, the special character of the service may require such suspension.2

$6772. Steam-Vessels Having Rafts in Tow.-A steam-vessel having a raft in tow, instead of the forward lights required to be carried by vessels having vessels in tow, must carry on or near the foremast, or, if 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 beam of the vessel exceeds twenty feet, then at a height above the hull not less than. such beam but not exceeding forty feet, two bright lights in a horizontal line athwartship and not less than eight feet apart, so fixed as to throw the light all around the horizon and of such a character as to be visible at a distance of at least five miles. Such steamer shall also carry a small bright steering-light aft, of the character and fixed as required in case of vessels towing other vessels.30 Previous to the adoption of the uniform rules of navigation, such vessels were required to carry lights similar to those carried by vessels towing other vessels.31

§6773. Small Fishing-Vessels.-Fishing-vessels of less than ten gross tons, when under way and not having their nets, trawls, etc., in the water, must have ready at hand a lantern with a green glass on one side and a red glass on the other, and on approach to or by another vessel, such lantern must be exhibited in sufficient time to prevent collision, always observing the rule that the green light shall not be seen on the port side, nor the red light on the starboard side. Fishing-vessels of more than ten gross tons and free, shall carry and show the same lights as vessels under way. When fishing vessels are trawling, dredging, etc., two lights must be displayed from some part of the vessel where they can be best seen, one light to be red and the other white, the red light to be above the white light and at least six feet and not more than twelve feet therefrom. The white light must be constructed 50 as to be visible at a distance not less than three miles and the red light not less than two miles.32

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§ 6774. Use of Deceptive Lights.-The possibility of injury from the use of misleading or deceptive lights is so great that the law very wisely regards a vessel displaying such lights as guilty of contributory negligence where the use of such lights is the cause of the collision.33 But a vessel colliding with a vessel at anchor will not be heard to complain of the improper position of the lights where she was not misled by this fact. Thus, it has been held that the anchored vessel was not at fault for a collision in having two lights up, contrary to the navigation laws, where the colliding steamer did not see the second light and was not in any way influenced by it.34

$6775. Absence or Improper Position of Lights must have been Proximate Cause of Collision-Burden of Proof.-In accordance with

trawler in such circumstances shows such signal in time when it is shown as soon as there appears to be danger of collision by the other vessel suddenly shutting in her red and showing her green light on the trawler's port bow a third of a mile distant: The Orion, [1891] Prob. 307. The English Regulations for Preventing Collisions at Sea, art. 10, requiring a fishing vessel which becomes stationary in consequence of her gear getting fast to a rock or some other object, to show a light and make the fog signal for a vessel at anchor, is applicable, although the weather when the vessel becomes stationary is clear: The Warwick, 15 Prob. Div. 189.

33 The Mary Lord, 26 Fed. Rep. 862 (collision between two schooners caused by the failure of one of them to have her red light burning, the other thereby being misled, and acting on the assumption, from the green light, that she was a crossing vessel); The Maurice B. Grover, 92 Fed. Rep. 678 (vessel aground displayed sailing signals); he F. W. Wheeler, 78 Fed. Rep. 824 (vessel aground displayed sailing signals). A yacht, while going up the Hudson River under steam, carried the lights prescribed for ocean-going steamers and steamers carrying sail, instead of the lights prescribed for coasting-vessels. Under her license the yacht held a license as a coasting-vessel, with the added privilege of going to sea. It was held that while so proceeding up the Hudson River she was navigating under her license as a coasting-vessel, and, therefore, was liable for a collision

which resulted from her fault in not carrying the lights of a coasting-vessel: Chase v. Belden, 104 N. Y. 86. A steamer which anchors because unable to make headway against a gale, is at fault for a collision with a sailing-vessel which mistakes her lights for the masthead and green lights of a steamer in motion, where she hoists and exhibits an anchor light forward, and a globular white light aft, instead of three red lights which should be exhibited, and fails to keep steam ready available to bring her promptly under command in case of necessity: The Faedrelandet, [1895] Prob. 205. Where a schooner bound into the port of New York did not hold her course, and her mate, who was on deck, had with him and carelessly exhibited a white light, which was seen on a steamer bound to sea and gave rise to the belief on the part of the steamer that the schooner was going in the same direction as the steamer, the steamer was not liable for the resulting collision, but the fault was with the schooner: The Excelsior, 33 Fed. Rep. 554. A vessel in the River Mersey carrying a white light on the mizzen-truck in addition to the ordinary colored side lights, white stern light, and white mast-head light, was held in fault for a collision, where it was doubtful whether the mast-head and mizzen-truck lights might not have been taken for the two white lights that an anchored vessel having two or more masts is required to have under the rules for that river: The Talbot, [1891] Prob. 184.

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à principle extending throughout the law of negligence, a colliding ressel may not urge as a defense the absence of lights or their deceptive positions, unless the collision proximately resulted from such a violation of the navigation laws.35 Thus, the absence of lights has been held not negligence contributing to a collision, where the vessel failing to exhibit the lights was plainly visible to the colliding vessel, and the collision could have been averted by proper navigation. But a steamer was held to be in fault for a collision with a schooner, where she was driven ahead at the rate of thirteen and a half knots until so near as to render collision unavoidable, although she mistook the schooner for a pilot-boat because she saw only a torch-light and an intermittent white light a little way above it; since, even if the schooner was justly mistaken for a pilot-boat, the steamer could not justify her continued high speed.37 A vessel which claims that the lights of the vessel with which she collided were not placed as required by the navigation laws, must clearly prove that fact.38 Where it is shown that a vessel injured in collision was equipped with lamps of an approved style, bought from a reputable dealer, the court will be slow to find that they were insufficient or that those navigating the vessel failed to light and keep them burning when sailing in a locality where there was a possibility of meeting other vessels. 39 But where it is con

"The Tonawanda, 11 Phila. (Pa.) 516; Le Lion, 84 Fed. Rep. 1011; The Robert Graham Dunn, 63 Fed. Rep. 167; Eastern Steamship Co. V. Smith, [1891] A. C. 310.

Harris v. Uebelhoer, 75 N. Y. 169; Meigs v. The Northerner, 1 Wash. 78; The Avon, 22 Fed. Rep. 905; The Frank Moffat, 2 Flip. (U. S.) 291; The Hercules, 17 Fed. Rep. 606; The Howard B. Peck, 48 Fed. Rep. 334; The J. C. Ames, 121 Fed. Rep. 918; The City of Troy, 9 Ben. (U. S.) 466; Charlton v. The Colorado, 3 Can. Exch. 263. But a vessel in her usual course, going at her usual reduced speed, is not negligent for failing to anticipate that there may be in her path a vessel that, in violation of the rules, is exhibiting no anchor light, with which she collides, and is not liable where she reverses as soon as she sees the anchored vessel and does all she can to avoid collision: The Westfield, 38 Fed. Rep. 366.

*La Champagne, 43 Fed. Rep. 444. "The Maverick, 75 Fed. Rep. 845. That the lights of a schooner were not seen by an approaching steam

er; that it may have been possible for the schooner's fore stay-sail to swing so far to port as to obscure her port light; and that this position would, in the condition of the wind, have best aided her progress,

is not sufficient to raise a presumption that such was its position, as against the positive testimony of her master that it was trimmed flat, aided by the presumption that the schooner would not so adjust her sails as to hide her lights: The Gate City, 90 Fed. Rep. 314.

"The Richmond, 114 Fed. Rep. 208. Testimony in regard to experiments to determine the position of a vessel's lights, and whether they could have been seen by the officers and crew as claimed, when the vessel was in a shattered condition from a collision, or after she had been rebuilt and materially changed, is not entitled to great weight, especially where the experiments were made by the adverse party without notice to the owners or crew, and when they were not present: The Richmond, supra.

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