Foreign navigation. 371. Ships are engaged in foreign navigation, when passing to or from a foreign country, or in any service connected therewith. Domestic navigation. 372. Ships are engaged in domestic navigation, when passing, for carriage or traffic, between places within the same nation, or in any service within the nation, connected therewith.' Receiving o discharging part of a foreign cargo, or of foreign passengers, at one port, and another part of the same at another port, is not domestic navigation, as here defined.' This will include both the coasting trade and internal navigation. By the treaty between the United States and the Netherlands, Aug. 26, 1852, Art. IV., (10 U. S. Stat. at Large, 984,) the trade from island to island in the Eastern Archipelago, and from Atlantic to Pacific ports in the United States, is considered as coasting trade. 2 Convention between the United States and Dominican Republic, Feb. 8, 1867, Art. VII., 15 U. S. Stat. at L., (Tr.,) 167. Treaty between the United States and III., 12 U. S. Stat. at L., 1004. VII., 12 Id., 1147. XIII., 11 Id., 647. IV., 10 Id., 984. Bolivia, May 13, 1858, Art. Foreign and domestic ships distinguished. 373. A ship, when within the limits of its own nation, is called a domestic ship; within the limits of another nation, it is called a foreign ship. In the United States, a ship is called domestic or foreign in any State, according as it belongs to that State, or any other. words depend on nationality. Owner for the voyage. In this Code, these 374. If the owner of a ship commits its possession' and navigation to another, that other, and not the owner, is responsible for its repairs and supplies. As a general rule, the party that mans the vessel is considered as in possession. Palmer v. Gracie, 4 Washington's U. S. Circuit Ct. Rep., 110; Marcardier v. Chesapeake Ins. Co., 8 Cranch's U. S. Sup. Ct. Rep., 39; The Sch. Volunteer, 1 Sumner's U. S. Circ. Ct. Rep., 551; Logs of Mahogany, Registry, enrollment, and license. 375. The registry, enrollment, and license of ships are regulated, in each nation, by its own laws. The national character of shipping is defined by Chapter XX. 3 Kent's Commentaries, 133; Hesketh v. Stevens, 7 Barbour's (New York) Rep., 488. Value of ship. 376. The value of a ship, when not fixed or ascertained by agreement of the parties, is her value for sale at the port to which she belongs, less the expense of returning her there, including insurance. For a discussion as to the tests of value of a ship, see Transactions of National Association for Promotion of Social Science, 1863, p. 875. CHAPTER XXXII. RULES OF NAVIGATION, [LAW OF THE ROAD AT SEA.] The provisions of this Chapter are those issued in pursuance of the British Merchant Shipping Act, 1862, Table c, § 25, made applicable, by consent of the nations, to the ships of the following countries, whether within British jurisdiction or not. British Order in Council, of July 30, 377. The following rules of navigation constitute the law of the road at sea: In addition to which, all rules concerning the lights or signals to be carried by ships navigating the waters of any harbor, river, or other inland water, or concerning the steps for avoiding collision, to be taken by such ships, which have been, or may hereafter be, made by or under the authority of any local law, shall continue and be of full force and effect in respect to domestic ships in all cases, and in respect to foreign ships having notice of such rules; but foreign ships, which are not shown to have had notice thereof, are not bound thereby. Merchant Shipping Act of 1854, § 31; modified by inserting the exemption of foreign ships without notice. The local regulations of a harbor have been held by the American courts as not applicable in questions of collision, as against foreign ships engaged in general commerce. Such a ship carrying the light required by the admiralty rules, is not in fault for not showing a different one required by local law. The New York v. Rea, 18 Howard's U. S. Sup. Ct. Rep., 223; Snow v. Hill, 20 Id., 543. But see, also, The James Gray v. The John Fraser, 21 Id., 184; The E. C. Scranton, 3 Blatchford's U. S. Circ. Ct. Rep., 50; Smith v. Condry, 1 Howard's U. S. Sup. Ct. Rep., 28. And compare Article 60, concerning restrictions on the right of navgation. Steam and sail. Rule 1. In the following rules, every steamship, which is under sail and not under steam, is to be considered a sailing ship; and every steamship, which is under steam, whether under sail or not, is to be considered a ship under steam. Article 1 of British Regulations, 1868. Night lights. Rule 2. The lights mentioned in the following rules, numbered 3, 4, 5, 6, 7, 8 and 9, and no others, must be carried in all weathers, from sunset to sunrise. Article 2 of British Regulations. The meaning is that the lights shall be fairly visible. Sea Nymph of Chester, Holt's Rule of the Road at Sea, P. 34. Lights for sea-going steamships. Rule 3. Sea-going steamships, when under way,' must carry: 1. At the foremast head,' a bright white light, so constructed as to show an uniform and unbroken light over an arc of the horizon of twenty points of the compass, so fixed as to throw the light ten points on each side of the ship, viz from right ahead to two points abaft the beam on either side, and of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least five miles; 2. On the starboard side, a green light, so constructed as to show an uniform and unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the starboard side, and of such a character as to be visible' on a dark night, with a clear atmosphere, at a distance of at least two miles ; 3. On the port side, a red light, so constructed as to show an uniform and unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the port side, and of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least two miles; 4. The said green and red side lights' must be fitted with inboard screens, projecting at least three feet forward from the light, so as to prevent these lights from being seen across the bow. Article 3 of British Regulations. See The Louisa v. The City of Paris, Holt's Rule of the Road, p. 15. 1 A vessel with her anchor down, but not actually holden by and under the control of it, is "under way," within the meaning of the Admiralty regulation, (1858,) and is bound to exhibit colored lights. The Esk; The Gitana, Law Rep., 2 Adm. & Ecc., 350. A vessel driven from her anchor by a gale of wind, and setting sail to get out to sea, is, even if wholly unmanageable, "under way," within the meaning of the Admiralty regulation, (1858,) and is bound to exhibit colored lights; and an omission to exhibit them is negligence. George Arkle, Lushington's Rep., 382. It has been proposed that there be added after "foremast head," the words or below the foreyard, where it can be best seen." Jenkins' Rule of the Road at Sea, p. 68. 3 The lights must be so placed as to be visible to an approaching vessel on that side. Lamps duly screened and fixed on stands secured to the paul-bitts of the windlass, are not placed in a proper position, as required by the regulations of 1863, respecting lights. The Gustav; The New Ed, 9 Law Times Rep., (N. S.,) 547. 4 The insertion of the words " shall be carried," after "red side lights," has been proposed. Jenkins' Rule of the Road at Sea, p. 68. Lights for steam-tugs. Rule 4. Steamships, when towing other ships, must carry two bright white masthead lights vertically, in addition to their side lights, so as to distinguish them from other steamships. Each of these masthead lights |