Of the manner in which the position of lights seen must affect lation lights. After a time she struck upon a bank and beat over it, her wheel chains broke, and she became totally unmanageable, and drifted foul of two vessels at anchor. It was contended, in argument, that the helpless condition of the vessel furnished an excuse for the absence of the lights; in fact that, under the circumstances, the George Arkle could not be considered as a vessel under way. In the Admiralty Court, however, the George Arkle was pronounced solely in fault, on the ground that she was bound to have carried the coloured lights, and that the want of them contributed to occasion the collision. This decision was affirmed in the Privy Council. The unmanageable condition of the vessel, it was said in the judgment, was immaterial; for it was proved that the Violet, one of the vessels run into, might and probably would have avoided the collision, if any coloured light had been exhibited on board the George Arkle (a). 4th. The last point to be considered in connexion with the subject of lights, is, the manner in which they indicate to the vessel which sees them the the steering. position and description of the vessel that carries them; and, as a consequence of this, the manner in which the seeing of a light is to determine the steering of the vessel from which it is seen. The following diagrams, in illustration of this, have been appended by the Board of Trade to their published Regulations: (a) 1 Lush. 383. "When both red and green lights are seen: Diagrams given by the Trade. A sees a red and green light ahead; A knows Board of a vessel is approaching her on a course directly opposite to her own, as B. B If A sees a white masthead light above the other two, she knows that B is a steam vessel. When the red, and not the green light is seen: A sees a red light ahead or on the bow; A knows that either, 1, a vessel is approaching her on her port bow, as B, A B Or 2, a vessel is crossing in some direction to port, as D D D. A If A sees a white masthead light above the red light, A knows that the vessel is a steam vessel, and is either approaching her in the same direction, as B, or is crossing to port in some direction, as D D D. When the green, knows that either 1, a vessel is approaching her on her starboard bow, as B, B Or, 2, a vessel is crossing in some direction to starboard, as D D D. Mistake resulting from A If A sees a white masthead light above the green light, A knows that the vessel is a steam vessel, and is either approaching her in the same direction as B, or is crossing to starboard in some direction, as D D D. With reference to this branch of the subject, there are the following decisions: In the case of the Ceres, a barge, seeing a steamer's red light broad on her port bow, was held justified in showing no light; as the vessels could not, from the position of the red light, be at that time "approaching" one another (a). When the position of two vessels is such that if the accidental A's green light were seen, B ought to starboard, but otherwise to port, B will be held right in extinction of one light. (a) Swab. 250. porting in case A's green light has been accidentally extinguished. Thus, where the steamer Rob Roy saw only a white masthead light on the starboard bow, and thereupon her helm was ported, which in the opinion of the Trinity Masters was the right course for her to take on seeing such a light alone, the steamer was not held to be answerable in damages, it appearing that, in fact, the light so seen belonged to a steamer, whose green light ought also to have been seen from the Rob Roy, had it not by accident been extinguished just previously. It is obvious, from what has been said, that, when a steamer's green and masthead lights are seen on the starboard bow, the proper course is, not to port, but to starboard the helm (a). light seen on bow, more When a green light is seen on the starboard When green bow, it is dangerous to port if the light is more starboard than a point abeam; since, as the ship must be than one crossing to starboard, in one of the directions shown point abeam, dangerous to in the last diagram, the effect of porting would be port. to bring the other ship across her track. Dr. Lushington said, "supposing two vessels are approaching each other in a direct line, so that you see the red and green lights, then I apprehend it is quite clear the rule (of porting the helm) ought to prevail; and it is possible the rule ought to prevail where you see a vessel carrying the green light a single point on your starboard bow; but then it (a) The Rob Roy, 3 W. Rob. 190. Fog-signals. becomes very dangerous in case it should be carried to any further extremity" (a). The Regulations, as illustrated by the decisions here given, appear amply sufficient for the purpose of indicating the manner in which the steering of a ship should be regulated by the position of a ship's lights seen at night in the open sea. Concerning fog-signals, the regulations are as follows: "Art. 10.-Whenever there is fog, whether by day or night, the fog-signals described below shall be carried and used, and shall be sounded at least every five minutes; viz. : "(a) Steam ships under weigh shall use a steam whistle placed before the funnel, not less than eight feet from the deck: “(b) Sailing ships under weigh shall use a fog horn: "(c) Steam ships and sailing ships when not under weigh shall use a bell." The Regulations do not attempt to define-it would indeed have been impracticable to do sowhat degree of density in the atmosphere shall con (a) The Maander, 2 Weekly Reporter, 543. See also the Cleopatra, Swab. 135, and the Sylph, Swab. 236, to much the same effect. In the former case, the green light was seen two points abeam, and the vessel was held by the Trinity Masters to be justified in porting: in the latter, it was three or four points abeam, and the ship was condemned for doing so. |