TITLE XI. SHIPPING. CHAPTER XXXI. General provisions. XXXII. Rules of navigation, [law of the road at sea.] XXXIII. Collision. XXXIV. Average. XXXV. Salvage. CHAPTER XXXI. GENERAL PROVISIONS. ARTICLE 368. Definition of "ship." 371. Foreign navigation. 372. Domestic navigation. 373. Foreign and domestic ships distinguished. 374. Owner for the voyage. 375. Registry, enrollment and license. 376. Value of ship. 376a. Responsibility, if death ensue from shipwreck. 376b. Presumption of negligence. Definition of "ship." 368. The term "ship," as used in this Code, signifies any structure fitted for navigation. Every kind of ship is included in the term "shipping." "Appurtenances" defined. 369. The term "appurtenances," as used in this Code, in respect of a ship, includes all things belonging to the owners, which are on board of the ship, or attached to it, and are connected with its proper use for the objects of the voyage and adventure in which the ship is engaged. See 1 Parsons' Maritime Law, 71. Employment of ships. 370. Ships are engaged either in foreign or domestic navigation, or in the fisheries. 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 or 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 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. In this Code, these words depend on nationality. Owner for the voyage. 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. 1 As a general rule, the party that mans the vessel is considered as in possession. Palmer v. Gracie, 4 Washington's U. S. Circ. Ct. Rep., 110; Marcardier v. Chesapeake Ins. Co., 8 Cranch's U. S. Sup. Ct. Rep., 39; The Sch. Vol. unteer, 1 Sumner's U. S. Circ. Ct. Rep., 551; Logs of Mahogany, 2 Id., 589, 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 Commen., 133; Hesketh v. Stevens,7 Barbour's (N. Y.) 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. 376a. In every case of shipwreck, by collision or other cause, if death is the result, the legal represen tative of the person deceased shall be entitled to compensation for all losses occasioned by such death. Conformable to late statutes in America and England. 376b. In every case of shipwreck, from any cause other than collision, the owner of the ship shall be presumed in fault, and held liable to all persons aggrieved, for any loss thereby; but such presumption may be rebutted by proof, that so far as he had the means of knowing or controlling the construction, equipment or navigation of the ship, he had used due diligence to guard against the disaster. New. 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, July 30, 1868. 11. Two sailing ships, or two ships under steam, meeting. 12. Two sailing ships crossing. 14. Two ships under steam crossing. 15. Sailing ship and ship under steam. 16. Ships under steam to slacken speed. 17. Ships overtaking other ships. 18. Construction of preceding rules. 19. Proviso to save special cases. 20. No ship under any circumstances to neglect proper precautions. 378. Duty of succor. Law of the road at sea. 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 measures 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 be and continue 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 not to be 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 Frazer, 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 navigation. Steam and sail. Rule 1. In the following rules, every steamer which is under sail and not under steam, is to be considered a sailing ship; and every steamer, 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. See 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 |