Breaches of such rules to imply willful default. $ 377. Damage to person or property arising from the failure of a ship to observe any rule of section 375, must be deemed to have been occasioned by the willful default of the person in charge of the deck of such ship at the time, unless it appears that the circumstances of the case made a departure from the rule necessary. 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. (c.) 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. (d.) The said green and red side lights shall 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. LIGHTS FOR STEAM-TUGS. ART. 4. Steamships, when towing other ships, shall 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 shall be of the same construc tion and character as the masthead lights which other steamships are required to carry. LIGHTS FOR SAILING-SHIPS. ART. 5. 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. EXCEPTIONAL LIGHTS FOR SMALL SAILING-VESSELS. ART. 6. 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, 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. LIGHTS FOR SHIPS AT ANCHOR. ART. 7. 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. LIGHTS FOR PILOT-VESSELS. ART. 8. 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. LIGHTS FOR FISHING-VESSELS AND BOATS. ART. 9. 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 à 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. RULES GOVERNING FOG SIGNALS. FOG SIGNALS. ART. 10. Whenever there is a fog, whether by day or night, the fog-signals des cribed below shall be carried and used, and shall be sounded at least every five minutes, viz.: (a.) Steamships under way shall use a steam whistle placed before the funnel, not less than eight feet from the deck. (b.) Sailing-ships under way shall use a fog-horn. (c.) Steamships and sailing ships when not under way shall use a bell. $378. Losses caused by collision are to be borne Loss, how as follows: 1. If either party was exclusively in fault he must bear his own loss, and compensate the other for any loss he has sustained;1 2. If neither was in fault, the loss must be borne by him on whom it falls;2 3. If both were in fault the loss is to be equally divided,3 unless it appears that there was a great disparity in fault, in which case the loss must be equitably apportioned; or, apportioned. STEERING AND SAILING RULES, TWO SAILING-SHIPS MEETING. ART. 11. If two sailing-ships 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. TWO SAILING-SHIPS CROSSING. ART. 12. 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 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. 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. TWO SHIPS UNDER STEAM MEETING. ART. 13. If two ships under steam are meeting 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. TWO SHIPS UNDER STEAM CROSSING. ART. 14. If two ships under steam are crossing so as to involve risk of collision, the ship which has the other on her own starboard side, shall keep out of the way of the other. SAILING SHIP AND SHIP UNDER STEAM. ART. 15. If two ships, one of which is a sailing-ship and the other a steamship, are proceeding in such directions as to involve risk of collision, the steamship shall keep out of the way of the sailing ship. SHIPS UNDER STEAM TO SLACKEN SPEED. ART. 16 Every steamship, when approaching another ship, so as to involve risk of collision, shall slacken her speed, or, if necessary, stop and reverse; and every steamship shall, when in a fog, go at a moderate speed. VESSELS OVERTAKING OTHER VESSELS. ART. 17. Every vessel overtaking any other vessel, shall keep out of way of the said last mentioned vessel. CONSTRUCTION OF ARTICLES 12, 14, 15 and 17. ART. 18. Where, by the above rules, one of two ships is to keep out of the way, the other shall keep her course subject to the qualifications contained in the following article: PROVISO TO SAVE SPECIAL CASES. ART. 19. In obeying and construing these rules, due regard must be had to all 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. NO SHIP UNDER ANY CIRCUMSTANCES TO NEGLECT PROPER PRECAUTIONS ART. 20. Nothing in these rules shall exonerate any ship, or the owner, or master, or crew thereof, from the consequences of any neglect to carry lights or signals, or 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 circum. stances of the case. Approved, April 29, 1864. 4. If it cannot be ascertained where the fault lies. the loss must be equally divided.* 1 The Scioto, Daveis, 359; The Woodrop-Sims, 2 Dods., 83; The Sappho, 9 Jur., 560; Reeves v. The Consti- 'The Woodrop-Sims, supra; Stainback v. Rae, 14 How. 381. Reservation of power to repeal. 382. Dealers with a corporation cannot question its corporate existence. 383. Name. 384. Distinction of corporations. 385. Public corporations defined. 386. Private corporations. 387. Charters. 388, 389. Acceptance of charter. 390. Number of corporators. 391. Purposes for which corporations may be formed. 392. Charter to be prepared. 393. Charter of road company. 394. Subscription and acknowledgment. 395. Banking and insurance companies. 398. Proceedings on petition. 399. Corporation, when formed. 400. Who are corporators. tions de $379. A corporation is a creature of the law, Corporahaving certain powers and duties of a natural per- fined. son. Being created by the law it may continue for any length of time which the law prescribes. ted. $380. A corporation can only be created by author- How creaity of a statute. But the statute may be special for a particular corporation, or general for a number of corporations. tion of S381. Every grant of corporate power is subject Reservato alteration, suspension or repeal, in the discretion power to of the legislature. 1 R. S., 600, § 7. repeal. Dealers poration with a cor cannot $ 382. One who assumes an obligation to an ostensible corporation, as such, cannot resist the obligation on the ground that there was in fact no such corpora- question tion, until that fact has been adjudged in a direct rate exisproceeding for the purpose. its corpo tence. $383. Every corporation must have a corporate Name. name, which it has no power to change unless expressly authorized by law; but the name is to be deemed so far matter of description, that a mistake in the name, in any instrument, may be disregarded, if a sufficient description remains by which to ascertain the corporation intended. Ang. & Ames on C., 93, 94. $384. Corporations are either: 1. Public; or, 2. Private. Distinction of corpora tions. Public cor porations $ 385. A public corporation is one that has for its object the government of a portion of the state. Such defined. Private corporations. Charters. Acceptance of charter. Id. Number of corporators Purposes for which corpora tions may be formed. corporations are regulated by the POLITICAL CODE, S386. Private corporations are of three kinds: 2. Corporations for benevolence; 3. Corporations for profit. $387. The instrument by which a corporation is constituted is called its charter, whether that be a statute, as in case of a special charter, or the document prescribed by a general statute, for the constitution of the corporation. $388. In order to constitute a private corporation, there must not only be a statutory grant of corporate authority, but an acceptance of that grant by a majority of the corporators, or their agents.1 The acceptance cannot be conditional or qualified." 1 Ang. & Ames on Corp., 75-77. 2 Id., 80, 81; 3 Edw., 353. $389. Except when otherwise expressly provided, the acceptance of a grant of corporate authority may be proved like any other fact. $390. Private corporations may be formed by the voluntary association of three or more persons, for the purposes and in the manner mentioned in the following sections of this article. This section, which is new, is intended to provide a uniform rule as to the number of persons who may form a corporation. Under the existing statutes there are great differences in this respect. $ 391. The purposes for which the private corporations mentioned in the last section may be formed are: 1. The support of public worship;1 2. The support of any benevolent, charitableeducational or missionary undertaking;2 |