KFLCC Kingdom Law 2nd Ed.

1084

SHIP

SHIPPING

ied on port-towns and other places for fitting out ships; revived by Charles I, and abolished in the same reign. 17 Car. I. c. 14.—Ship'* hill. The copy of the bill of lading retained by the master is called the "ship's ball." It is not authoritative as to the terms of the con tract of affreightment; the bill delivered to the shipper must control, if the two do not agree. The Thames, 14 Wall. 98, 20 L. Ed. 804 —Ship's company. A term embracing all the officers of the ship, as well as the mariners or common seamen, but not a passenger. U. S. v. Libby, 26 Fed. Cas. 928; U. S. v. Winn, 28 Fed. Cas. 735—Ship's husband. In mari time law. A person appointed by the several part-owners of a ship, and usually one of their number, to manage the concerns of the ship for the common benefit. Generally understood to be the general agent of the owners in regard to all the affairs of the ship in the home port. Story, Ag. § 35; 3 Kent, Comm. 151; Web ster v. The Andes, 18 Ohio, 187; Muldon v. Whitlock, 1 Cow. (N. Y.) 307, 13 Am. Dec. 533; Gillespie v. Winberg, 4 Daly (N. Y.) 322; Mitchell v. Chambers, 43 Mich. 150. S N. W. 57, 38 Am. Rep. 167.—Ship's papers. The papers which must be carried by a vessel on a voyage, in order to furnish evidence of her national character, the nature and destina tion of the cargo, and of compliance with the navigation laws. The ship's papers are of two sorts: Those required by the law of a par ticular country; such as the certificate of reg istry, license, charter-party, bills of lading and of health, required by the law of England to be on board all British ships. Those required by the law of nations to be on board neutral ships, to vindicate their title to that character; these are the pass port, sea-brief, or sea-letter, proofs of property, the muster-roll or r6le

tion less than a dollar. Webster. See Madi son Ins. Co. v. Forsythe, 2 Ind. 483.

SHIP, v.

In maritime law. To put on

board a ship; to send by ship. To engage to serve on board a vessel as a seaman. SHIP, n. A vessel of any kind employed in navigation. In a more restricted and more technical sense, a thre~e-masted vessel navigated with sails. The term "ship" or "shipping," when used in this Code, includes steam-boats, sailing vessels, canal-boats, barges, and every struc ture adapted to be navigated from place to place for the transportation of merchandise or persons. Civ. Code Cal. § 960. Nautical men apply the term "ship" to distin guish a vessel having three masts, each con sisting of a lower mast, a topmast, and a top gallant mast, with their appropriate rigging. In familiar language, it is usually employed to distinguish any large vessel, however rig ged. It is also frequently used as a general designation for all vessels navigated with sails; and this is the sense in which it is employed in law. Tomlins. And see Cope v. Vallette Dry-Dock Co., 119 U. S. 625, 7 Sup. Ct. 336, 30 L. Ed. 501; U. S. v. Open Boat, 27 Fed. Cas. 347; Raft of Cypress Logs, 20 Fed. Cas. 170; Tucker v. Alexandroff, 183 U. S. 424, 22 Sup. Ct. 195, 46 L. Ed. 264; King v. Green way, 71 N. Y. 417; U. S. v. Dewey, 188 U. S. 254, 23 Sup. Ct. 415, 47 L. Ed. 463; Swan v. U S., 19 Ct. CI. 62. —General ship. Where a ship is not char tered wholly to one person, but the owner of fers her generally to carry the goods of all comers, or where, if chartered to one person, he offers her to several subfreighters for the con veyance of their goods, she is called a "gen eral" ship, as opposed to a "chartered" one. Brown. A vessel in which the master or own ers engage separately with a number of persons unconnected with each other to convey their respective goods to the place of the ship's destination. Ward v. Green, 6 Cow. (N. Y) 173, 16 Am. Dec. 437.—Ship-breaking. In Scotch law. The offense of breaking into a ship. Arkley, 461.—Ship-broker. An agent for the transaction of business between ship owners and charterers or those who ship car goes. Little Rock v. Barton, 33 Ark. 444 — Ship-chandlery. This is a term of extensive import, and includes everything necessary to furnish and equip a vessel, so as to render her seaworthy for the intended voyage. Not only stores, stoves, hardware, and crockery have been held to be within the term, but muskets and other arms also, the voyage being round Cape Horn to California, in the course of which voyage arms are sometimes carried for safety. Weaver v. The S. G. Owens, 1 Wall. Jr. 368, Fed. Cas. No. 17,310.—Ship-channel. In riv ers, harbors, etc., the channel in which the wa ter is deep enough for vessels of large size, usually marked out in harbors by buoys. The Oliver (D. C) 22 Fed. 848.—Ship-damage. In the charter-parties with the English East India Company, these words occur. Their mean ing is, damage from negligence, insufficiency, or bad stowage in the ship. Abb. Shipp. 204. —Ship-master. The captain or master of a merchant ship, appointed and put in command by the owner, and having general control of the vessel and cargo, with power to bind the owner by his lawful acts and engagements in the management of the ship.—Ship-money. In English law. An imposition formerly lev