29 April 1864. masthead lights, vertically, in addition to their side-lights, so as to distinguish them from other steamships; each of these masthead lights shall be of the same construction and character as the masthead lights which other steamships are required to carry. 17. ART. V. Sailing-ships under way, or being towed, shall carry the same lights as steamships under way, with the exception of the white masthead-lights, which they shall never carry.

Lights for sailing vessels.

Exceptional

cases.

Lights for ships at anchor.

Lights for pilotvessels.

Lights for fishing-vessels and boats.

Fog-signals.

Steering and sailing rules.

Two sailing-ves-
sels meeting.

Two sailing-ves-
Bels crossing

Two ships under

steam meeting.

Two ships under

18. ART. VI. Whenever, as in the case of small vessels during bad weather, the green and red lights cannot be fixed, these lights shall be kept on deck, on their respective sides of the vessel, (a) ready for instant exhibition, and shall, on the approach of, or to other vessels, be exhibited on their respective sides, in sufficient time to prevent collision, in such manner as to make them most visible, and so that the green light shall not be seen on the port side, nor the red light on the starboard side.

To make the use of these portable lights more certain and easy, they shall each be painted outside with the color of the light they respectively contain, and shall be provided with suitable screens.

19. ART. VII. Ships, whether steamships or sailing-ships, when at anchor in roadsteads or fairways, 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 of eight inches in diameter, and so constructed as to show a clear, uniform and unbroken light, visible all around the horizon, and at a distance of at least one mile. 20. ART. VIII. Sailing pilot-vessels shall not carry the lights required for other sailing-vessels, but shall carry a white light at the masthead, visible all around the horizon, and shall also exhibit a flare-up light, every fifteen minutes.

21. ART. IX. Open fishing-boats and other open boats shall not be required to carry side-lights required for other vessels, but shall, if they do not carry such lights, carry a lantern having a green slide on the one side and a red slide on the other side, and on the approach of, or to other vessels, such lantern shall be exhibited, in sufficient time to prevent collision, so that the green light shall not be seen on the port side, nor the red light on the starboard side. Fishing-vessels and open boats, when at anchor, or attached to their nets, and stationary, shall exhibit a bright white light; fishing-vessels and open boats shall, however, not be prevented from using a flare-up, in addition, if considered expedient.

22. ART. X. Whenever there is a 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.:

I. Steamships under way shall use a steam-whistle, placed before the funnel, not less than eight feet from the deck.

II. Sailing-ships under way shall use a fog-horn.

III. Steamships and sailing-ships when not under way shall use a bell.

23. ART. XI. If two sailing-ships are meeting end on, or nearly end on, (b) so as to involve risk of collision, the helms of both shall be put to port, so that each may pass on the port side of the other.

24. ART. XII. When two sailing-ships are crossing, so as to involve risk of collision, then, if they have the wind on different sides, the ship with the wind on the port side shall keep out of the way of the ship with the wind on the starboard side, except in the case in which the ship with the wind on the port side is close-hauled, and the other ship free, in which case the latter ship shall keep out of the way. (c) But if they have the wind on the same side, or if one of them has the wind aft, the ship which is to windward shall keep out of the way of the ship which is to leeward.

25. ART. XIII. If two ships under steam are meeting end on, or nearly end on, so as to involve risk of collision, the helms of both shall be put to port, so that each may pass on the port side of the other.(d)

26. ART. XIV. If two ships under steam are crossing, so as to involve risk of collision, steam crossing. the ship which has the other on her own starboard side, shall keep out of the way of the other.(e)

Sailing ship and ship under steam.

27. ART. XV. If two ships, one of which is a sailing-ship and the other a steamship,

(a) See O'Connor v. The Empire State, 1 Chicago Leg. News 393. (b) Sailing-vessels are "meeting end on," when they are approaching each other from opposite directions, or on such parallel lines as involve risk of collision; they are meeting “nearly end on," when approaching from nearly opposite directions, or on lines of approach substantially parallel, and so near to each other as to involve risk of collision: in either case, the rule is applicable when they have advanced so near to each other, that the necessity for precaution to prevent a collision begins. The Nichols, 7 Wall. 656.

(c) See The Jupiter, 1 Ben. 536.

(d) Though it be true, as a general rule, that a free steamer meeting a tug encumbered by tows, must keep out of the way, it does not follow that the tug can monopolize the channel, or dis regard the rules of navigation. Herne v. The Anthracite, 2 Leg. & Ins. Rep. 58.

(e) The correlative duty is also imposed on the other vessel to keep her course. This rule will, on all proper occasions, be steadily enforced, and in case of a departure from it, followed by a collision, the onus will be on the offending party, to show a clear and undoubted special case of excuse. The Chesapeake,

5 Blatch. C. C. 411.

are proceeding in such directions as to involve risk of collision, (a) the steamship shall 29 April 1354. keep out of the way of the sailing-ship.

steam to slacken

28. ART. XVI. Every steamship, when approaching another ship, so as to involve Ships under risk of collision, shall slacken her speed, or, if necessary, stop and reverse; and every speed. steamship shall, when in a fog, go at a moderate speed. 29. ART. XVII. Every vessel overtaking any other vessel shall keep out of way of Vessels overtakthe said last-mentioned vessel.(b)

ing other vessels. 30. ART. XVIII. Where, by the above rules, one of two ships is to keep out of the Construction of way, the other shall keep her course, subject to the qualifications contained in the fol- and 17. lowing article:

articles 12, 14, 15

31. ART. XIX. In obeying and construing these rules, due regard must be had to all Special cases. dangers of navigation, and due regard must also be had to any special circumstances which may exist, in any particular case, rendering a departure from the above rules necessary in order to avoid immediate danger.

tions to be always

32. ART. XX. Nothing in these rules shall exonerate any ship, or the owner or mas- Proper precau ter or crew thereof, from the consequences of any neglect to carry lights or signals, or observed. of any neglect to keep a proper lookout, or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstance of the case.(c)

14 Stat. 228.

to carry fore

steamers.

33. The provision for a foremasthead light for steamships, in an act entitled "An 25 July 1866 3 11. act fixing certain rules and regulations for preventing collisions on the water," approved the 29th day of April 1864, shall not be construed to apply to other than ocean-going What steamers steamers, and steamers carrying sail. River steamers navigating wators flowing into masthead light. the Gulf of Mexico shall carry the following lights, viz.: one red light on the outboard Lights for river side of the port smoke-pipe, and one green light on the outboard side of the starboard smoke-pipe; these lights to show both forward and aft, and also abeam on their respective sides. All coasting steamers, and those navigating bays, lakes or other inland Coasting steamwaters, other than ferry-boats, and those above provided for, shall carry the red and green lights, as prescribed for ocean-going steamers, and in addition thereto, a central range of two white lights; the after-light being carried at an elevation of at least fifteen feet above the light at the head of the vessel; the head-light to be so constructed as to show a good light through twenty points of the compass, namely, from right ahead, to two points abaft the beam on either side of the vessel; and the after-light to show all around the horizon.

V. PILOTS.

ers.

14 Stat. 93.

No state to make rates of pilotage.

discrimination in

34. No regulations or provisions shall be adopted by any state of the United States 13 July 1966 § 1. of America, which shall make any discrimination in the rate of pilotage or half-pilotage between vessels sailing between the ports of one state, and vessels sailing between the ports of different states, or any discrimination against vessels propelled in whole or in part by steam, or against national vessels of the United States; and all existing regulations or provisions making any such discrimination, as herein mentioned, are hereby annulled and abrogated.

VI. GENERAL PROVISIONS.

14 Stat. 225.

What vessels to navigation laws of the United

be subject to the

States.

35. All vessels navigating the bays, inlets, rivers, harbors and other waters of the 25 July 1866 ? 9. United States, except vessels subject to the jurisdiction of a foreign power, and engaged in foreign trade, and not owned, in whole or in part, by a citizen of the United States, shall be subject to the navigation laws of the United States; and all vessels propelled, in whole or in part, by steam, and navigating as aforesaid, (d) shall also be subject to all rules and regulations consistent therewith, established for the government of steamvessels in passing, as provided in the twenty-ninth section of an act relating to steamvessels, approved the 30th day of August 1852. And every sea-going steam-vessel now Pilots. subject or hereby made subject to the navigation laws of the United States, and to the rules and regulations aforesaid, shall, when under way, except upon the high seas, be under the control and direction of pilots licensed by the inspectors of steam-vessels; vessels of other countries and public vessels of the United States only excepted: Provided, however, That nothing in this act, or in the act of which it is amendatory, shall be construed to annul or affect any regulation established by the existing law of any state, requiring vessels entering or leaving a port in such state, to take a pilot duly licensed or authorized by the laws of such state, or of a state situate upon the waters of the same port. (e)

4

(a) This means "chance, peril, hazard or danger of collision." and not immediate danger. Cavan v. The D. S. Gregory, 1 Am. L. T. Rep. 95.

(b) This rule presupposes that the other vessel will keep her course, and it is not to be applied irrespective of circumstances which may render a departure from it necessary to avoid immediate danger. The Grace Girdler, 7 Wall. 196.

(c) See The Northerner, Wash. T. Rep. 91.

(d) This does not apply to ferries, within a state; nor to freighting voyage begun and completed within a state. United States v. The Bright Star, 7 Int. R. Rec. 179. See The Northerner, Wash. T. Rep. 91.

(e) So amended by act 25 February 1867. 14 Stat. 411.

Navy.

X. RETIRED LIST.

152. Certain officers may be retired at their own request. 153. What officers may be placed on retired list. Pay. Promotions.

154. Board for examination of disabled officers. Report. Members to be sworn. Hearing.

155. Rights and duties of retired officers.

156. To what duties they may be assigned.

157. What officers to be retired.

158. May be assigned to shore duty on full pay.

159. May be detailed to command ships or squadrons. When

they may be restored to the active list.

160. May be selected to act as flag officers. 161. Pay.

XIV. PURCHASE OF HEMP.

192. When foreign hemp may be purchased.
XV. MISCELLANEOUS PROVISIONS.

193. Use of patented articles regulated.
194. Desertion of officers defined.

195. Medals of honor for gallant services.
196. Dismissal of officers.

197. Manufacture of bread for the navy.

198. Penalty for enticing seamen to desert.

199. When missing vessel to have been deemed lost.

200. Accounts of petty officers and seamen, how adjusted. Compensation for loss of personal effects.

201. To whom payment to be made.

202. Superintendent of naval observatory.
203. Allowance for lost property.

I. ORGANIZATION OF THE NAVY.

11 Stat. 319.

to be named.

1. All the steamships of the navy of the United States now building or hereafter to 12 June 1858 25. be built, shall be named by the secretary of the navy, under the direction of the president of the United States, according to the following rule, namely: all those of forty How steamships guns or more shall be considered of the first class, and shall be called after the states of the Union; those of twenty guns and under forty shall be considered as of the second class, and be called after the rivers and principal towns or cities; and all those of less than twenty guns shall be the third class, and named by the secretary of the navy as the president may direct, care being taken that no two vessels in the navy shall bear the same name.

11 Stat. 442.

2. That the president of the United States, by and with the advice and consent of the 2 March 1859 1. senate, be and he is hereby authorized and empowered to confer on Captain Charles Stewart, of the United States navy, in recognition of his distinguished and meritorious Senior flag service, the commission of senior flag officer of the United States navy on the active service list.

officer.

12 Stat. 151. Additional ships to be constructed.

3. That the secretary of the navy be and he is hereby authorized to cause to be con- 21 Feb. 1861 ? 9. structed for the United States navy, at as early a day as practicable, having due regard to efficiency and economy, seven steam screw sloops-of-war, of the second class, as vessels are rated in the navy, with full steam power, whose greatest draft of water shall not exceed fourteen feet, which sloops shall combine the heaviest armament and greatest speed compatible with their character and tonnage; and for the purpose above specified the sum of twelve hundred thousand dollars be and the same is hereby appropriated out of any money in the treasury not otherwise appropriated, to be expended under the direction of the secretary of the navy.

12 Stat. 286.

Iron-clad steamstructed.

ers to be con

4. That the secretary of the navy be and he is hereby authorized and directed to 3 August 1861 81. appoint a board of three skilful naval officers, to investigate the plans and specifications that may be submitted for the construction or completing of iron or steel-clad steamships or steam-batteries, and on their report, should it be favorable, the secretary of the navy will cause one or more armored or iron or steel-clad steamships or floating steambatteries to be built; and there is hereby appropriated, out of any money in the treasury not otherwise appropriated, the sum of one million five hundred thousand dollars. 5. The secretary of the navy shall cause to be constructed, with the least possible 5 August 1861 § 1. delay, twelve small side-wheel steamers, for the use of the navy of the United States, of light draught and great speed; and that for the purpose aforesaid twelve hundred Light side-wheel thousand dollars be and the same hereby is appropriated.

6. The secretary of the navy is hereby authorized and empowered to cause to be constructed, by contract or otherwise, as he shall deem best for the public interest, not exceeding twenty iron-clad steam gunboats for the use of the navy of the United States. 7. Chaplains in the navy shall be no less than twenty-one, nor more than thirty-five years of age, at the time of their appointment as such.

12 Stat. 316.

steamers.

13 Feb. 1862 § 1.

12 Stat. 338.

Iron clad steam 14 July 1862 7.

gunboats.

12 Stat. 565,

16 July 1862 2 1.

12 Stat. 583.

Grades in the neval service.

8. The active list of line officers of the United States navy shall be divided into nine grades, taking rank according to the date of their commissions in each grade, as follows, viz.:

Ibid. 2.

Number of offcers.

Ibid. 3. Commands.

Ibid. 4.

9. The number of officers allowed to each grade shall not exceed nine rear admirals, eighteen commodores, thirty-six captains, seventy-two commanders, one hundred and forty-four lieutenant-commanders, one hundred and forty-four lieutenants, one hundred and forty-four masters and one hundred and forty-four ensigns.

10. The vessels of the United States navy shall be divided into four classes, to be commanded, as near as may be, as follows:

First rates, by commodores.
Second rates, by captains.

Third rates, by commanders.

Fourth rates, by lieutenant-commanders.

Lieutenant-commanders may be assigned as first lieutenants of naval stations, and of vessels not commanded by lieutenant-commanders.

11. The secretary of the navy shall appoint an advisory board of not less than three Advisory board officers, senior to those to be reported upon, who shall carefully scrutinize the active list on promotions. of line officers above, and including the grade of masters in the line of promotion, and report to him in writing those who, in the opinion of the board, are worthy of further promotion, (a) in the following words: We hereby certify that has the moral, mental, physical and professional qualifications to perform efficiently all his duties, both at sea and on shore, of the grade to which he is to be promoted, and recommend him for promotion.

Ibid. 25.

issue to officers

promoted.

12. The officers recommended shall be immediately commissioned, according to their Commissions to present seniority, in the following grades and numbers, viz.: eighteen commodores, thirty-six captains, seventy-two commanders, one hundred and forty-four lieutenantcommanders, one hundred and forty-four lieutenants, one hundred and forty-four masters and one hundred and forty-four ensigns: Provided, That this number of officers remain upon the active list after the action of the board, otherwise so soon as the graduates from the naval academy are available for promotion.

Ibid. 26.

Ibid. 27.

Appointment of

rear admirals.

Ibid. 28. Distinguished

officers not to be

retired.

Ibid. 29. Promotion for distinguished services.

Ibid. 10.

13. A similar advisory board shall be appointed at least once in every four years: Provided, That the same officers shall not be eligible for two successive terms.

14. Nine rear admirals may be appointed by the president, by and with the advice and consent of the senate, who shall be selected, during war, from those officers upon the active list not below the grade of commanders, who have distinguished themselves, or shall hereafter most eminently distinguish themselves by courage, skill and genius in their profession: Provided, That no officer shall be promoted to this grade unless, upon recommendation of the president, by name, he has received the thanks of congress for distinguished service. During times of peace, vacancies to this grade shall be filled by regular promotion from the list of commodores, subject to examination as aforesaid.

15. Whenever, upon the recommendation of the president of the United States, any officer of the navy now upon the active list, not below the grade of commander, has received, or shall receive, by name, during the present war, a vote of thanks of congress for distinguished service, such officer shall not be retired, except for cause, until he has been fifty-five years in the naval service of the United States.

16. Any line officer of the navy or marine corps may be advanced one grade, if, upon recommendation of the president, by name, he receives the thanks of congress for highly distinguished conduct in conflict with the enemy, or for extraordinary heroism in the line of his profession.

17. Any person who shall have received, or shall hereafter receive, a temporary When acting off appointment as acting volunteer lieutenant, or acting master in the navy, from civil cers to be placed life, authorized by act of congress of July 24th 1861, may be confirmed in said appointment in the navy and placed in the line of promotion, from the date of said confirma

in the line of promotion.

(a) This does not authorize the appointment of an exalining board, to recommend the promotion or retirement of medical off11 Opin. 105.

Cers.