255 970. Collisions. ARTICLE II. RULES OF NAVIGATION. 1. Rules as to ships meeting each other. 3. Rules for steamers in narrow channels. 4. 5. Same. Rules for steam vessels on different courses. 6. Meeting of steamers. 971. Collision from breach of rules. 1972. willful default. 1973. Loss, how apportioned. $970. Collisions. In the case of ships meeting, the following rules must be observed, in addition to those prescribed by that part of the Political Code which relates to navigation: 1. Rules as to ships meeting each other. Whenever any ship, whether a steamer or sailing ship, proceeding in one direction, meets another ship, whether a steamer or sailing ship, proceed ing in another direction, so that if both ships were to continue their respective courses they would pass so near as to involve the risk of a collision, the helms of both ships must be put to port so as to pass on the port side of each other; and this rule applies to all steamers and all sailing ships, whether on the port or starboard tack, and whether close-hauled or not, except where the circumstances of the case are such as to render a departure from the rule necessary in order to avoid immediate danger, and subject also to a due regard to the dangers of navigation, and, as regards sailing ships on the starboard tack closehauled, to the keeping such ships under command; 2. The rule for sailing vessels. In the case of sailing Vessels, those having the wind fair must give way to those on a wind. When both are going by the wind, the vessel on the starboard tack must keep her wind, and the one on the larboard tack bear up strongly, passing each other on the larboard hand. When both vessels have the wind large or abeam, and meet, they must pass each other in the same way on the larboard hand, to effect which two lastmentioned objects the helm must be put to port. Steam ressels must be regarded as vessels navigating with a fair wind, and should give way to sailing vessels on a wind of either tack; 3. Rules for steamers in narrow channels. A steamer navigating a narrow channel must, whenever it is safe and practicable, keep to that side of the fairway or midchannel which lies on the starboard side of the steamer; 4. Same. A steamer when passing another steamer in such channel, must always leave the other upon the lar board side; 5. Rules for steam vessels on different courses. When steamers must inevitably or necessarily cross so near that by continuing their respective courses, there would be a risk of collision, each vessel must put her helm to port, so as always to pass on the larboard side of each other; 6. Meeting of steamers. The rules of this section do not apply to any case for which a different rule is provided by the regulations for the government of pilots of steamers approaching each other within sound of the steam-whistle, or by the regulations concerning lights upon steamers, prescribed under authority of the acts of congress, approved August thirtieth, eighteen hundred and fifty-two, and April twenty-ninth, eighteen hundred and sixty-four. En. March 21, 1872. For rules of navigation, etc.: See Pol. Code, secs. 23602379. § 971. Collision from breach of rules. If it appears that a collision was occasioned by failure to observe any rule of the foregoing section, the owner of the ship by which such rule is infringed cannot recover compensation for damages sustained by the ship in such collision, unless it appears that the circumstances of the case made a departure from the rule necessary. En. March 21, 1872. § 972. Breaches of such rules to imply willful default. Damage to person or property arising from the failure of a ship to observe any rule of section 970, 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 de parture from the rule necessary. En. March 21, 1872. § 973. Loss, how apportioned. Losses caused by collision are to be borne 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; 2. If neither was in fault, the loss must be borne by him on whom it falls; 3. If both were in fault, the loss is to be equally divided, unless it appears that there was a great disparity in fault, in which case the loss must be equitably apportioned; 4. If it cannot be ascertained where the fault lies, the loss must be equally divided. En. March 21, 1872. § 980. How far the subject of ownership. The author of any product of the mind, whether it is an invention, or a composition in letters or art, or a design, with or without delineation, or other graphical representation, has an exclusive ownership therein, and in the representation or expression thereof, which continues so long as the product and the representations or expressions thereof made by him remain in his possession. En. March 21, 1872. Trademarks: See Pol. Code, secs. 3196 et seq., and sec. 991 of this code. § 981. Joint authorship. Unless otherwise agreed, a product of the mind in the production of which several persons are jointly concerned is owned by them as follows: 1. If the product is single, in equal proportions; 2. If it is not single, in proportion to the contribution of each. En. March 21, 1872. § 982. Transfer. The owner of any product of the mind, or of any representation or expression thereof, may transfer his property in the same. En. March 21, 1872. § 983. Effect of publication. If the owner of a product of the mind intentionally makes it public, a copy or reproduction may be made public by any person, without responsibility to the owner, so far as the law of this state is concerned. En. March 21, 1872. § 984. Subsequent inventor, author, etc. If the owner of a product of the mind does not make it public, any other person subsequently and originally producing the same thing has the same right therein as the prior author, which is exclusive to the same extent against all persons except the prior author, or those claiming under him. Eu. March 21, 1872. § 985. Private writings. Letters and other private communications in writing belong to the person to whom they are addressed and delivered; but they cannot be published against the will of the writer, except by authority of law. En. March 21, 1872. § 991. § 992. § 993. § 994. CHAPTER IV. OTHER KINDS OF PERSONAL PROPERTY. Goodwill of business. Same. Title deeds. § 991. Trade-marks. One who produces or deals in a particular thing, or conducts a particular business, may appropriate to his exclusive use, as a trade-mark, any form, symbol, or name, which has not been so appropriated by another, to designate the origin or ownership thereof; but he cannot exclusively appropriate any designation, or part of a designation, which relates only to the name, quality, or the description of the thing or business, or the place where the thing is produced, or the business is carried on. En. March 21, 1872. Am'd. 1873-4, 224. Cal.Rep.Cit. 63, 446; 100, 677; 103, 73; 136. 352. As to trade-marks: See Pol. Code, secs. 3196-3198; Pen. Code, secs. 350-354. Act to protect trade-marks: Trademarks. See post, Appendix, title § 992. Good will of business. The good will of a business is the expectation of continued public patronage, but it does not include a right to use the name of any person from whom it was acquired. En. March 21, 1872. Cal.Rep.Cit. 71, 148; 114, 664; 124, 431. Good will: See post, sec. 1674. § 993. Same. The good will of a business is property, transferable like any other. En. March 21, 1872. Cal.Rep.Cit. 71, 148; 114, 664; 124, 431. 994. Title deeds. Instruments essential to the title of real property, and which are not kept in a public office as a record, pursuant to law, belong to the person in whom, for the time being, such title may be vested, and pass with the title. En. March 21, 1872. Cal Rep.Cit. 55, 566. |