ship

We do not think 'ship' in this Act applies to intangible messages, which we do not ordinarily speak of as being 'shipped.

A vessel employed in navigation; for example, the terms the ship's papers, the ship's husband, shipwreck, and the like, are employed whether the vessel referred to be a brig, a schooner, a sloop, or a threemasted vessel. A vessel with three masts, employed in navigation. 4 Wash. C. C. (U. S.) 530; Weskett, Ins. 514. The. boats and rigging (2 Marsh. Ins. 727), together with the anchors, masts, cables, and such-like objects, are considered as part of the ship (Pardessus, note 599; Dig. 22. 2. 44).

A vessel employed in navigation. Ben. Ad. § 215; for example, the terms the ship’s papers, the ship’s husband, shipwreck, and the like, are employed whether the vessel referred to be a brig, a schooner, or a sloop, or a three-masted vessel. or river, to which the provisions of revised statutes, title “Merchant Marine,” may be applicable; R. S. § 4612; The St Louis, 48 Fed. 312. See Cope v. Dry Dock Co., 119 U. S. 629, T Sup. Ct. 336, 30 L. Ed. 501. See Wood v. Two Barges, 46 Fed. 204, as to what is not a ship. A vessel with three masts, employed in navigation; U. S. v. Kelly, 4 Wash. C. C. 528, Fed. Cas. No. 15,516; the boats and rigging; 2 Marsh. Ins. 727; together with the anchors, masts, cables, and such like objects, are considered as part of the ship; Pardessus, n. 599. A ship is born when she is launched and lives so long as her identity is preserved; Tucker v. Alexandroff, 183 U. S. 424, 22 Sup. Ct. 195, 46 L. Ed. 264. Prior to her launching she is an ordinary piece of personal property and subject only to mechanic’s liens created by state law and enforceable in state courts. From the moment her keel touches the water, she is transformed and becomes a subject of admiralty jurisdiction. She acquires a personality of her own and becomes competent to contract, and is individually liable for her obligations, upon which she may sue in the name of her owner and be sued in her own name. Her owner’s agents may not be her agents, and her agents may not be her owner’s agents; Thorp v. Hammond, 12 Wall. (U. S.) 408, 20 L. Ed. 419; Workman v. New York, 179 U. S. 552, 21 Sup. Ct. 212, 45 L. Eld. 314; Homer Ramsdell Transp. Co. v. La Compagnie G6n6rale Transatlantique, 182 U. S. 406, 21 Sup. Ct. 831, 45 L. Ed. 1155. She is capable of committing a tort, and is responsible in damages therefor. She may also become a quasi-bankrupt; may be sold for the payment of her debts, and thereby receive a complete discharge from all prior liens, with liberty to begin a new life, contract further obligations, and, perhaps, be subjected to a second sale; Tucker v. Alexandroff, 183 U. S. 439, 22 Sup. Ct. 195, 46 L. Ed. 264. So sharply is the line drawn between a vessel upon the stocks and one in the water, that the former can never be made liable in admiralty, either in rem against herself or in personam against her owners upon contracts or for torts, while if, in taking the water in the process of launching, she escapes from the control of those about her, shoots across the stream and injures another vessel, she is liable to a suit in rem for damages; 2 W. Rob. 421; L. R. 2 Prob. Div. 231, 235; L. R. 8 Prob. Div. 119; Baker v. Power, 14 Fed. 483. As to what passes by a bill of sale under the general term ship, or ship and her appurtenances, or ship, apparel, and furniture, see 1 Pars. Marit. Law 71, n. 3; Apparel. The capacity of a ship is ascertained by its tonnage, or the space which may be occupied by its cargo. limited company; [1895] P. 284; admiralty will authorize a majority in value of the owners of a ship to employ the ship, taking a bond for the protection of the minority; 3 Kent 151; a dissenting part-owner, receiving security cannot claim compensation or a share of the profits; 4 Sim. 439; and is not liable for a collision; Scull v. Raymond, 18 Fed. 547. “American vessels are of two classes, those registered and those enrolled and licensed.” Registry declares the nationality of a vessel in foreign trade; enrolment is to evidence the national character of a vessel engaged in the coasting trade or home traffic; Anderson v. Pacific Coast S. S. Co., 225 U. S. 187, 32 Sup. Ct. 626, 56 L. Ed. 1047. The British registry act divides a ship into sixty-four parts or shares, which may be held in severalty. Ownership of a fraction of a share cannot be registered, but any number not exceeding five (except in case of transfer by operation of law) may be registered as joint owners of a share. Carriers by water are to a certain extent common carriers, in all the strictness of the common-law rule; 3 Kent *217; Garrison v. Ins. Co., 19 How. (U. S.) 312, 15 L. Ed. 656; like common carriers, apart from express contract, they are absolutely responsible for the goods intrusted to them, and insure them against all contingencies excepting only the act of God and the queen’s enemies; per Lopes, L. J., in 16 Q. B. D. 633; see, also, L. R. 9 Ex. 342; 1 C. P. D. 19; this rule is said to have been established in the seventeenth century; 1 C. P. D. 430. The master of a general ship is liable where his goods were stolen by robbers; 1 Mod. 85; and an action will lie against the owners as well as the master; Carth. 58. It has been held that the owner of a private ship is subject to the same rule; L. R. 9 Ex. 638. Lord Cockburn has denied that a carrier by sea is subject to the same liability as a common carrier by land; 1 C. P. D. 426; and Brett, J., was of opinion that he is not a common carrier, but that his liability to carry at his absolute risk arises from recognized custom; L. R. 9 Ex. 338; 7 id, 267. See article in 5 L. Q. Rev. 15. It is said that they are not common carriers, because not bound to receive all goods, offered. See 1 Pars. Ship. 248. Stringent regulations in regard to the number of passengers to be taken on board of sailing-vessels, and the provisions to be made for their safety and comfort, are also prescribed by R. S. § 4465. Numerous acts of congress have been passed from time to time in reference to the registering, enrolling, licensing, employment, and privileges of the vessels of commerce owned in the United States. See R. S. §§ 4399, 4500. Harter Act (see that title), was not Intended as general legislation concerning the rights or liabilities of ship-owners, but only to deal with the carrying vessel and her own cargo. And all principles and rules of decisions previously applicable, as to the apportionment of damages in case of mutual fault, should still be followed as closely as possible and no more changes admitted than the evident intent of the act necessitates; The Viola, 60 Fed. 296; The Chattahoochee, 74 Fed. 899, 21 C. C. A. 162, 33 U. S. App. 510; The Jason, 225 U. S. 32, 32 Sup. Ct. 560, 56 L. Ed. 969. In determining the effect of the statute in restricting the operation of general and well-settled principles, the course of decision has been to treat those principles as still existing, and limit the relief from their operation afforded by the statute to precisely that called for by the language of the statute, and no more. It is said that the intent of the act is that damages to the cargo arising from negligence in navigation shall be borne by the cargo owner and not by the ship, and that the act was not designed to increase or diminish the liability of the other vessel in cases of mutual fault and a division of damages; The Niagara, 77 Fed. 329. The provision of the act making invalid contracts relieving a carrier from liability for negligence apply to a special as well as a common carrier; B. S. Shipping Co. v. Crossman, 206 Fed. 183. The requirement in the act of due diligence to exempt the owner from liability to cargo owners means not only the personal diligence of the owner but also of his agents employed to fit the vessel for sea; The Colima, 82 Fed. 665. Such diligence is not exercised where no inspection is made of the cement covering the bottom of an iron steamship; The Alvena, 79 Fed. 973, 25 C. C. A. 261, 51 U. S. App. 100; s. c. 79 Fed. 973, 25 C. C. A. 261. Covenants avoiding exercise of due diligence are void; The Toronto, 174 Fed. 632, 98 C. C. A. 386. That a vessel was one man short of her full complement of seamen, and was being unlawfully navigated at full speed in a fog at the time of a collision, because she was a slow boat, do not establish faults in navigation; Boston Marine Ins. Co. v. Lumber Co., 197 Fed. 703, 117 C. C. A. 97. The word “management” in the act relates to management on the voyage and not to the master’s acts in stowing the ship; The Colima, 82 Fed. 665. Exemption from liability for faults or errors in management applies only after the voyage has commenced; Steamship Wellesley Co. v. C. A. Hooper & Co., 185 Fed. 733, 108 C. C. A. 71. A schooner in first class condition at the beginning of the voyage is not liable for damage to cargo from sea- water caused by dangerous after leaving port raises a presumption that she was unsea worthy; Carolina Portland Cement Co. v. Anderson, 186 Fed. 145, 108

n. A vessel of any kind employed in navigation. In a more restricted and more technical sense, a three-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 structure 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 distinguish a vessel having three masts, each consisting of a lower mast, a topmast, and a topgallant mast, with their appropriate rigging. In familiar language, 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. 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 In Ed. 264; King v. Green-wav. 71 N. Y. 417; U. S. v. Dewey, 188 U. S. 254, 23 Sup. Ct. 415, 47 Ij. Ed. 463 ; Swan v. U S., 19 Ct. Cl. 62.

— General ship. Where a ship is not chartered wholly to one person, but the owner offers her generally to carry the goods of ali comers, or where, if chartered to one person, he offers her to several subfreighters for the conveyance of their goods, she is calied a "general" ship, as opposed to a "chartered" one. Brown. A vessel in which the master or owners 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 Co.w. (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 shipowners and charterers or those who ship cargoes. 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 fur safety. Weaver v. The S. G. Owens, 1 Wall. Jr. 368, Fed. Cas. No. 17,310.

— Ship-channel. In rivers, harbors, etc., the channel in which the water is deep enough for vessels of large size, usually marked out in harbors by buoys. The Oliver (D. Ct) 22 Fed. 848.

— Ship-damage. In the charter-parties with the English East India Company, these words occur. Their meaning 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 levied 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's bill. The copy of the bili of lading retained by the master is calied the "ship's hill." 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, 20 In 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 hnsband. In maritime 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; Webster 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, 48 Mich. 150. 8 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 at her national character, the nafure and destination 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 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 ali 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 <T equipage, the charter-party, the bills of lading and invoices, the log-book or ship's journal, and the bill of health. 1 Marsh. Ins. a 9, § 6.

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.

In its general sense, stricter sense, a vessel and top-gallant masts. ' several part-owners of the common benefit. required by law to be ship, the register, the charter-party, the bills bill of health.

Any acts or conduct which interfere with the peace and good order of an assembly of persons lawfully met together for religious exercises.

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.

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.

This word, in its most enlarged sense, signifies a vessel of any kind employed in navigation; for example, the terms the ship's papers, the ship's husband, shipwreck, and the like, are employed whether the vessel referred to be a brig, a sloop, or a three-masted vessel.

In a more confined sense, it means such a vessel with three masts; 4 Wash. C. C. R. 530; Wesk. Ins. h. t. p. 514; the boats and rigging; 2 Marsh. Ins. 727; together with the anchors, masts, cables, pullies, and such like objects, are considered as part of the ship. Pard. n. 599. The capacity of a ship is ascertained by its tonnage, or the space which may be occupied by its cargo. Vide Story's Laws U. S. Index, h. t.; Gordon's Dig. h. t.; Abbott on Ship. Index, h. t.; Park. Ins. Index, h. t.; Phil. Ev. Index, h. t.; 4 Bac. Ab. 741; 3 Kent, Com. 93; Molloy, Jure Mar. Index, h. t.; 1 Chit. Pr. 91; and see General Ship; Names of Ships.