Ship

Nautical men apply the term ship to distinguish a vessel having three masts, each consisting of a lower mast, a it is usually employed to distinguish any large vessel, however rigged. 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.

An open boat is not a ship or vessel, within the purview of the statutes which prohibit commercial intercourse from the British colonies.

United States v. An Open Boat and Lading, 5 Mas. 120.

The terms " ship " and " vessel," in the provision of the act of congress of March 3, 1851, — that the liability of owners for a collision " shall, in no case, exceed ttie amount or value of the interest of such owner or owners, respectively, in such ship or vessel, and her freight then pending," — include, respectively, the tackle, apparel, and furniture of the ship or vessel; but sea-stores (aa, in the case of a whaler, the outfit consisting of whaling-gear, casks, provisions, and supplies for the crew, and for trading) are not embraced. They have been held included in " appurtenances," used in the similar English statute, 53 Geo. III. ch. 159 (1 Hagg. 109); but this word is not used in the act of congress.

Swift V. Brownell, 1 Hohnes, 467.

The term ship, in the act above mentioned, should be construed to include the appurtenances of a vessel, appropriate and necessary for the voyage; e.g., for a whaling voyage.

The Ontario, 2 Law. 40.

Coal-barges or flat-boats, used to transport merchandise down rivers, and broken up and sold for lumber at the end of their voyage, are not ships or vessels, such as are subject to admiralty jurisdiction.

Jones v. Coal Barges, 3 Wall. Jr. 53.

A ferry-boat, plying across a river, is not a ship, within a state statute authorizing the arrest of ships or vessels for debts.

Birkbeck v. Hoboken Ferry-boats, 17 Johns. 54.

Small, open, undecked boats, employed within a port, out of sight of which they never go, except temporarily, are not ships, within such a statute.

Farmers' Delight v. Lawrence, 5 Wend. 564.

A canal-boat is not a ship, within the meaning of such a statute.

Many v. Noyes, 5 mu (N. Y.), 34; Hicks... Williams, 17 Barb. 523.

That a policy of insurance on a ship in process of construction will not include sticks of timber, cut to be used in completing the vessel, but not yet inserted, being still lying about, near by, at the time of the fire, — see Hood v. Manhattan Fire Ins. Co., 11 N. Y. 532.

Ship-chandlery.

This is a term of extensive import, and includes every thing 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; are sometimes carried for safety. Weaver i>.

The S. G. Owens, 1 Wall. Jr. 359, 368. Ship-money.

The name of a pecuniary exaction or tax, anciently levied on all the ports, towns, cities, boroughs, and counties of the realm of England, for providing and fitting out ships-ofwar for the king's service. It fell, for a long time, into disuse. King Charles I., in 1635 and 1636, attenipted to revive it; the attempt was resisted, under the lead of John Hampden; was at first sustained by the courts (in the Case of Ship-money, 8 State Tr. 825), but was finally defeated and suppressed by parliamentary declaration (in Stat. 17 Car. I. ch. 14) that it was contrary to the laws and statutes of the realm.

Ship-yard.

In the case of a policy on a "stock of ship timber in a ship-yard," bounded by three streets and a river, usage was held competent to show that the term ship-yard meant the yard as in fact used, and embraced timber lying on the sidewalks.

Webb V. National Fire Ins. Co., 2 Sandf. 497. Ship-of-war.

That this term may include a privateer, see The Wilson, 1 Brock. 4a.z. Ship's bilL The copy of the bill of lading retained by the master is called the ship's bill. It is not authoritative as to the terms of the contract of affreightment; the bill delivered to the shipper must control, if the two do not agree.

The Thames, 14 Wall. 98. Ship's-husband.

The designation of a general agent of the owners of a vessel in its use and employment. His duty is, in general, to exercise an impartial judgment in the employment of tradesmen and the aj)pointment of officers; to see that the ship is properly repaired, equipped, and manned; to procure freights and charter-parties; to preserve the ship's papers, make the necessary entries, adjust freight and averages, disburse and receive moneys, and keep and make up the accounts as between all parties interested. Ahh. Shipp. The term ship's-husband is used to des-. ignate the person who, in the home port where the vessel belongs, does what the owner would otherwise do, — obtains a cargo for her, and attends to every thing essential to the due prosecution of the voyage for which the cargo has been obtained. Whilst the ship is abroad, the master is empowered to do all that is essential during the voyage. He may be said to be then the ship's-husband, except so far as he may be limited by his instructions; and if the duties which he would otherwise discharge in a foreign port with respect to the vessel, such as entering her at the customs, collecting the freight, a person at that port, then she is consigned to that person, and he is properly called the consignee.

Gillespie v. Winberg, 4 Daly, 318.

Ship's papers

This is a general term for several papers which a commercial vessel must carry, to make known the ownership, nationality, &c., of the ship and cargo. The general law of nations prescribes some, and the statutes of particular commercial nations prescribe others, in addition. The ship's papers are of two sorts. Those required by the law of a particular country; such as the certificate of registry, 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 passport, sea-brief or sea-letter, proofs of property, the musterroll or r Sle d'equipage, the charter-party, the bills of lading and invoices, the logbook or ship's journal, and the bill of health.

1 Marsh. Ins. ch. 9, § 6.