(r) The Scioto, Daveis, 869.

(s) Sch. Catherine v. Dickinson, 17 How. 177.

(t) Valin favors the rule. Liv. 3, tit. 7, des Avaries. Cleirac calls it a judicium rusticum. See also De Vaux v. Salvador. 4 A. & E. 420. per Lord Denman, C.J.

(u) Sturges v. Murphy, U. S. C. C, N. Y., Boston Courier, Sept. 19, 1867. On appeal the court did not consider that the facts made the collision one of this nature, but the rule appears to have received the assent of the court. Sturgis v. Clough, 21 How. 461.

(v) Kissam v. The Albert, 21 Law Rep. 41. See also The Moxey, Abbott, Adm. 73.

(w) Hodgkinson v. Fernie, 2 C. B. (n. s.) 416. See also Fletcher v. Braddick, 6 B. & P. 182.

(x) See post, • 335, n. (a).

(y) The Sch. Lion, Sprague, 40; Clapp v. Young, 6 Law Rep. Ill; Waring v. Clarke, 6 How. 441; Cushing v. The John Fraser, 21 How. 184.

(z) Carsley v. White, 21 Pick. 254; New Haven S. B. Co. v. Vanderbilt, 16 Conn. 420; Kennard v. Burton, 26 Maine, 89; Davies v. Mann, 10 M. 6 W. 640.

1 The Clara, 102 U. S. 200.

if, although the collision could not have been prevented when it occurred, it might have been prevented by previous proper precaution. (a) And there are precautions which usage if not law seems to require.

The principal among these, is that of showing a light at night, if a ship lies in a river-way, or in a stream, under circumstances * which would make the light proper. (b) A statute of the United States requires such light on certain steamboats, (c) and in New York it is required on board canal boats; and wherever such light is positively required, its absence would be negligence. (d) It is quite common for a vessel in a dark night, or in a heavy fog, to sound a horn, or ring a bell, or at brief intervals make other noises to indicate her position. But there is no statute on this subject, nor any distinct and peremptory usage. (e)

It is certain that all vessels, whether anchored (f) l or under way, (g) 2 should have a competent watch or look-out on deck; and neither the master of a steamer nor the helmsman is, generally, a competent watch, as they must attend to their own duties. (gg)

If ships approach each other, that which is going free must give way to that which is close hauled; (h) 3 unless this would be dangerous from the nearness of the shore, or of a rock or shoals.

If both are close hauled, each should go to the right, or the ship

(a) The Virgil, 2 W. Rob. 206; Steamboat New York v. Rea, 18 How. 224; The Clement, 2 Curtis, C. C. 363.

(b) The Rose, 2 W. Rob. 4; The Victoria, 3 W. Rob. 49; The Scioto, Daveis, 859; Lenox v. Winisimmet Co. Sprague, 160; Kelly v. Cunningham, 1 Cal. 366; The Indiana, Abbott, Adm. 330; Rogers v. Steamer St. Charles, 19 How. 106; Carsley v. White, 21 Pick. 264; Barque Delaware v. Steamer Osprey, 2 Wallace, C. C. 276; Cushing v. The John Fraser, 21 How. 189; Kelson v. Leland, 22 How. 48; The Steamer Louisiana v. Fisher, 21 How. 1; Culbertson v. Shaw, 18 How. 684; Ure v. Coffman, 19 How. 66; New York & Virginia Steamship Co. v. Calderwood, 19 How. 241.

(c) The Stat. 1888, c. 191, J 10, 6 U. S. 8tats. at Large, 806, is applicable to steamboats generally. That of 1849, c.

106, § 5, 9, 17. S. Stats, at Large, 882, prescribes the rules for steamboats and sailing vessels on the northern and western lakes. See Bulloch v. Steamboat Lamar, 8 Law Rep. 276; Foster v. Sch. Miranda, 1 Newb. Adm. 227, 6 McLean, C. C. 221; Chamberlain v. Ward, 21 How. 648; Hall v. The Buffalo, 1 Newb. Adm. 116.

(d) Rathbun v. Payne, 19 Wend. 399; Fitch v. Livingston, 4 Sandf. 492; Steamboat New York v. Rea, 18 How. 223.

(e) McCready v. Goldsmith, 18 How. 89; The Morning Light, 2 Wallace, 660.

(f) The Indiana, Abbott, Adm. 830; The Sch. Lion, Sprague, 40.

(g) Whitridge v. Dill, 23 How. 448; The Clement, Sprague, 267, 2 Curtis, C C 869

(gg) The Ottawa, 8 Wallace, 268.

(h) The Gazelle, 2 W. Rob. 616; Allen v. Mackay, Sprague, 219; The Brig

1 The Clara, 102 U. S. 200.

2 The Nevada, 106 U. S.154, held that an ocean steamer, starting from a crowded slip, was liable for injury to a canal boat drawn under the steamer's propeller, when such an accident might have been avoided by employing a look-out on the starboard tack keeps on, while the ship on the larboard tack changes her course. (i)

3 See The Annie Lindsley, 104 U. S. 186, as to the United States regulation relating to vessels approaching each other end on.

An English statute requires, that on vessels, whether under steam of canvas, meeting or coming toward each other in such way as to cause a risk of collision, the helms of both ships shall be put to port, whether they be on the port or starboard tack, and whether they are close hauled or not, unless the circumstances of the case make a compliance with the rule immediately dangerous. (j) The effect of this would be that the two vessels pass on the port side of each other. The phrase "close hauled," means usually that a vessel is as near the wind as she can go; and such a vessel on the starboard tack, cannot put her helm to port, without coming into the wind and losing her way. And as the statute contains a proviso that due regard shall be had, not only to the dangers of navigation, but to the necessity of keeping close hauled ships under command, the English Court of Queen's Bench has held, that close hauled in the statute must mean on the wind, but not so close that she cannot go closer and yet be under command. (k)

It has been said by American text-writers, (l) that where two vessels are going the same course, in a narrow channel, and there is danger that they will run into each other, that which is to windward must keep away; but it is obvious, that in such a case the rule must be just otherwise; for if the ship to windward does keep away from the wind, and the ship to leeward does not keep away, they will come together. Perhaps the writers supposed that "keep away" meant to keep away from the other vessel; whereas "keep away " as a sea term always means to keep away or turn off from the wind. The general rule must be, that if the vessel astern is the faster sailer, she must in passing the other keep out of her way. (m)