¶1 Upon tbe second issue bis Honor instructed tbe jury tbat, according to tbe plaintiffs admission, be was negligent, because be operated tbe boat without a licensed pilot. Tbis instruction was erroneous, considered witb reference either to tbe State or tbe Federal law. All vessels passing through tbe inland waterway of tbe State are exempt from tbe pilot laws of North Carolina, subject to tbe proviso in section 6985 of the Consolidated Statutes. His Honor no doubt bad in mind tbe provisions of tbe Federal statutes. Tbe first clause of section 8187 of tbe Compiled Statutes (R. S., 4496-4500) requires a licensed engineer and a licensed pilot for ferry-boats, canal boats, yachts or other small craft of like character propelled by steam, and tbe next clause relates to certain vessels of more than fifteen gross tons, but whether tbe plaintiff’s vessel was of tbis class was to be determined by tbe method prescribed by law. U. S. Compiled Sts., secs. 7725, 7730. Tbe plaintiffs assertion tbat bis boat “would carry thirty tons” did not necessarily imply tbat tbe actual tonnage was “above fifteen tons burden” when measured in accordance witb tbe statutory provision. Section 7730, supra.
¶2 Whether tbe answer should have set up tbis particular phase of contributory negligence is a question which was not discussed.
¶3 For error in the instruction there must be a
¶4 New trial.