Ship
A Dictionary of Law · William C. Anderson · 1889
A Dictionary of Law
1.
The Anglo-Saxon soipe, state, office, calling, destiny. As, in citizenship, exeoutor Ehip, guardianship, heirship. Judgeship, mastership, membership, partnership, receivership, solicitorship, suretyship, survivorship, township, trusteeship, wardship.
2.
The Anglo-Saxon scip, a ship, literally, a thing shaped: a general designation for any vessel navigated with sails; ^ any vessel employed In navigation. In the Roman law, anything which floated upon the waters and was accessory to commerce.* Any vessel that substantially goes to sea. By the act of 17 and 18 Vict. (1854), c.
100, s.
2, "every description of vessel used in navigation not propelled by oars." < Includes whatever is built in a particular form for the purpose of being used on water.^ In its ordinary acceptation, it is generic for anything formed for the purpose of going on the water.6 " Ship" and "vessel" are used in a very broad sense, to include all navigable structures intended for transportation. But a fixed structure, like a dry-dock, is not used for such purposes.'' Within the meaning of a particular statute, a ferryboat may not be a " ship;" " nor may a canal-boat; • nor a coal-barge; ■» nor a small open boat employed 1 See Batchelder v. Carter, 2 Vt. 1T2 ( 2 LTomlins, Law Diet.; 4 Wash. 530. 8 Raft of Cypress Logs, 1 Flip. 544 (1870). * [Exp. Ferguson, L. B., 6 Q. B. *2i)l (1871). 1 The Mac, 46 L. T. 909 (1882), Brett, L. J. • Ibid. 910, Cotton, L. J. ' Cope c. Valefcte Dry-Dock Co., 119 U. S. 629, 687 (1887), Bradley, J. » 17 Johns. 54. •5 Hill, 34; 17 Barb. 623; 3 Wall. Jr. 199; 2 Grant, within a port; ' nor a dredge, or mud-hopper dredge; ' nor, as subject to admiralty n'urisdiction, are flat-boats ■or coal-barges transporting merchandise and sold for lumber at the end of the voyage. ^ A steamship is u vessel whose principal motive power is steam and not sails.* See further Vessel. Domestic ship; foreign ship. Whether a vessel is foreign or domestic depends upon the residence of her owners, and not upon her enrollment, where the two are different. ^ General ship. A vessel which carries merchandise for all persons who may apply for transportation, as distinguished from a vessel chai'tered to one or more individuals., A ship by which the master or owner engages separ Mely with a number of persons, unconnected with each other, to convey their respective goods to the place of the ship's destination.* Ships are strictly and technically denominated chattels, or personal property, at the common law, although distinguishable from other kinds of personalty by the solemnities by which the title is ordinarily acquired, transferred, and made susceptible of pledge, lien, or mortgage. The title is now usually acquired, transferred, and evidenced by written documents.' In international law ships are regarded as floating sections of the land to which they belong, and whose flag they carry. Hence, a general assignment under the insolvent laws of a State passes title to a vessel on the high seas, as if within the State. ^ A vessel carries with it the local rights and legal jurisdiction of her state or territory. All persons on board are endowed and subjected accordingly. But the principle is subject to the powers of Congress over conamerce and crimes.^ Ship-broker. One who makes contracts for the employment of vessels. Ship-chandlery. Includes everything necessary to furnish and equip a vessel, so as to render her sea-worthy for the intended voyage.i" Shipped. Placed on board a vessel for the purchaser or consignee, to be transported at his risk. 11 1 5 Wend. 564. 2 15 Can. L. J. 268; 46 L. T. 206, 907. ' 8 Wall. Jr. 53; 1 Flip. 545, a raft. « L, E., 7 Q. B. 669. "The Albany, 4 Dill. 439 (1876), Dillon, Cir. J.; Weaver v. The Owens, 1 Wall. Jr. 365 (1849). « Waru V. Green, 6 Cow. 176 (1826), Savage, 0. J.; Abb. Ship. 123, 319; 1 Pars. Mar. L. 130. ' Story, Partn. § 416. « Crapo V. Kelly, 16 Wall. 634-33 (1873), cases. 0 Wilson V. Mo Namee, 102 U. S. 574 (1880); 1 Kent, 36; Woolsey, Int. Law, § 68. Shipper. One who places property of his own on board a vessel for transportation. Shipping. Ships in general, vessels for navigation; also, relating to ships or vessels; and, the act of placing or receiving goods on board a vessel.
Shipping articles
An agreement, in writing, between the master and seamen wa board a vessel, specifying the voyage, and time for which the seamen are shipped.' Shipping commissioner. An officer appointed for each of such ports of entry as, in the judgment of the circuit court having jurisdiction, may seem to require it, and charged with general supervision as to the contracts of seamen, and the enforcement of laws made for their protection and relief.^ Shipping, laws of. The law which relates to vessels — their construction, tonnage, ownership, registration, inspection, national character; the employment and rights of seamen, the power and duties of their com'manders; ship-brokers, ship-agents, pilots, etc.; the transfer of merchant vessels; freight, charter-parties, demurrage, towage, collisions, salvage, etc.^ Ship's bill. The copy of the bill of lading of a vessel retained by the master. The bill delivered to the shipper controls, if the two do not agree as to the terms of the contract of affreightment.* Ship's husband. The general agent of the owners in respect to a vessel; in statutes of registration, called the managing owner.' The person who, in a vessel's home port, does what the owner would otherwise do — obtains a cargo, and attends to whatever is essential to the due prosecution of the voyage." There is no maritime lien on a ship in favor of her general agent or husband.' Ship's papers. (1) Documents which, under the laws of individual nations, a ship must carry — a certificate of registry, license, charter-party, bills of lading and of health. (2) Such documents as" the general law of nations requires a neutral ship to carry — a ■ See K. S. § 4509; 3 Sumn. 443; 1 Mas. 443; 2 id.
641; 5 id. 273. 2 See R. S. §§4501-8. = See E. S, §§ 4399, 4463-4500.
See generally, as to ship-owners and seamen, ScarfE v. Metcalf, 107 N. Y. 311 (1887), cases: 1 Anr. St. E. 812-14 (1888), cases. "The Thames, 14 Wall. 105 (1871). » 1 Parsons, Shipp. & Adm. 109. passport, sea-brief or sea-letter, proofs of property, muster-roll, charter-party, bill of lading, bill of health, log-book or ship's journal, etc.i Shipwreck. When a ship is so broken, disjointed, or otherwise injured that it no longer exists in its original nature and essence.2 Ship-yard. In a, policy of insurance, may mean the yard in actual use, including sidewalks.3 The rules for the acquisition of property by persons engaged in navigation, and for its transfer and descent, are, with some exceptions, those prescribed by the State to which the vessel belongs. In general, the legislation of a State, not directed against commerce but relating to the rights, duties, and liabilities of citizens, and only indu'ectly and remotely affecting the operations of commerce, is obligatory^ upon the citizens, within its territorial jurisdiction, whether on land or water, or engaged in commerce, foreign or inter-State, or in any other pm-suit.-* See Sale, Bill of.
See further Abandon, 1; Admiralty; Anchor; Appurtenances; Arkest, 2 (1); Barratry, 1; Bilged; Bottomry; Cargo; Charter-party; Coasting Trade; Collision, 2: Commerce; Consort, 2; Conveyance, 1; Crew; Demurrage; Derelict, 3; Deviation; Dispatch; Dredge; Effects; Embargo; Freight; Furniture; Hypothecation; Inspection, 1; Lading; Launch; Licit ation; Log-book; Lookout; Loss, 2; Maritime; Moderate, 2; Navigation; Necessaries; Outfit; Petitory; Plunder; Port; Primage; Protest, 3; Provisions; Quarantine, 2; Ransom; Registry, 1; Res, 2, Perit; Respondentia; Restitutio; Revolt; Road, 2; Sail; Salvage, 1; Sea; Search, Right of; Seizure, 3; Stranding; Tonnage; Touch; Towage; Visit, 1; Voyage; Wharf; Wreck; Yacht.