Ship's Husband

In maritime law. An agent appointed by the owner of a ship, and invested with authority to make the requisite repairs, and attend to the management, equipment, and other concerns of the ship. He is the general agent of the owners in relation to the ship, and may be appointed in writing or orally. He is usually, but not necessarily, a part owner. 1 Pars. Mar. Law, 97. He must see to the proper outfit of the vessel in the repairs adequate to the voyage, and in the tackle and furniture necessary for a seaworthy ship; must have a proper master, mate, and crew for the ship, so that in this respect it shall be seaworthy; must see to the due furnishing of provisions and stores according to the necessities of the voyage; must see to the regularity of the clearances from the custom house, and the regularity of the registry; must settle the contracts, and provide for the payment of the furnishings which are requisite to the performance of those duties; must enter into proper charter parties, or engage the vessel for general,freight under the usual conditions, and settle for freight and adjust averages with the merchant; and must preserve the proper certificates, surveys, and documents, in case of future disputes with insurers and freighters, and to keep regular books of the ship. Bell, Comm.,§ 428; 4 Barn. & Adol. 375; 13 East, 538; 1 Younge & C. 326; 8 Wend. (N. Y.) 144; 16 Conn. 12. These are his general powers; but of course they may be limited or enlarged by the owners; and it may be observed that, without special authority, he cannot borrow money generally for the use of the ship, though, as above observed, he may settle the accounts for furnishings, or grant bills for them, which form debts against the concern, whether or not he has funds in his hands with which he might have paid them. 1 Bell, Comm. § 499. Although he may, in general, l^vy the freight which is by the bill of lading payable on the delivery of the goods, it would seem that he would not have power to take bills for the freight, and give up the possession of the lien over the cargo, unless it has been so settled by the charter party. He cannot insure or bind the owners for premiums. 17 Me. 147; 2 Maule & S. 485; 13 East, 274; 7 B. Mon. (Ky.) 595; 11 Pick. (Mass.) 85; 5 Burrows, 2627; Paley, Ag. (Lloyd Ed.) 23, note 8; Abb. Shipp.pt. 1, As the power of the master to enter into contracts of affreightment is superseded in the port of the owners, so it is by the presence of the ship's husband, or the knowledge of the contracting parties that a ship's husband has been appointed. 2 Bell, Comm. 199. The ship's husband, as such, has no lien on the vessel or proceeds. 2 Curt. C. C. (U. S.) 427.

An agent appointed by the owner of a ship, and invested with authority to make the requisite repairs and attend to the management, equipment, and other concerns of the ship. He is the general agent of the owners in relation to the ship; he may be appointed in writing or orally. Abb. Sh. 90. He is appointed to act on shore; Maclachlan, Merch. Shipp. 188. He is usually, but not necessarily, a part-owner; 1 Pars. Mar. Law 97. In that case he is a managing owner, an interchangeable term; Maclachlan, Merch. Shipp. 193. He must see to the proper outfit of the vessel in the repairs adequate to the voyage and in the mate, and crew for the ship, so that in this respect it shall be seaworthy; must see to the due furnishing of provisions and stores according to the necessities of the voyage; must see to the regularity of the clearances from the custom-house and the regularity of the registry; must settle the contracts and provide for the payment of the furnishings which are requisite to the performance of those duties; must entei' into' proper charter-parties, or engage the vessel for general freight under the usual conditions, and settle for freight and adjust averages with the merchant; and must preserve the proper certificates, surveys and documents, in case of future disputes with insurers and freighters, and keep regular books of the ship; 4 B. & Ad. 375; 1 Y. & C. 326; Turner v. Burrows, 8 Wend. (N. Y.) 144; Gould v. Stanton, 16 Conn. 12. These are his general powers; but they may be limited or enlarged by the owners; and it may be observed that without special authority he cannot borrow money generally for the use of the ship; though, as above observed, he may settle the accounts for furnishings, or grant bills for them, which form debts against the concern" whether or not he has funds in his hands with which he might have paid them; 1 Bell, Com. § 499. Although he may, in general, levy the freight which is by the bill of lading payable on the delivery of the goods, it would seem that he would not have power to take bills for the freight and give up the possession of the lien over the cargo, unless it has been so settled by the charterparty. He cannot insure or bind the owners for premiums; Hewett v. Buck, 17 Me. 147, 35 Am. Dec. 243; 2 Maule & S. 4S5; Foster v. Ins. Co., 11 Pick. (Mass.) 85; 5 Burr. 2627. As the power of the master to enter into contracts of affreightments is superseded in the port of the owners, so it is by the presence of the ship’s husband or the knowledge of the contracting parties that a ship’s husband has been appointed; 2 Bell, Com. 199. The ship’s husband, as such, has no lien on the vessel or proceeds; The Larch, 2 Curt. C. C. 427, Fed. Cas. No. 8,085; The Esteban de Antunano, 31 Fed. 923. See Exercitor Maris.

The agent of the owners of a ship, who manages the affairs generally, sees to repairs, insurance, charterparties, etc. Si, I. If. Si aliquid ez solemnibus deficiat, cum sequitas poscit, subveuiendum est: when any one of the proper forms is wanting, it will be aided if equity requires. Si contingat: if it happen. Si fecerit te securum: if he [the plaintiff] shall have made you secure [given sufficient sureties]. Words in the old writs which directed the sheriff to cause the defendant to appear in court, without any option given. Si ita est: if it is so. Si non otnnes: if not aU; an old writ authorizing two or more justices to proceed under the commission, if all were not present. Si prius: if before; v. Nisi prius. Si recognoscat (if he acknowledge): an old writ for a debt which had been acknowledged before the sheriff. Si quis sine liberis decesserit: if any one shall have died without issue. ^i, cy, fr. If; so. Si comme: so as. ^io, I. So. Sic hie: so here. Sic utere tuo ut alienum non Isedas: so use your own that you harm not another's. Sic volo, sic jubeo, stet pro ratione voluntas: so I will, so I order, stand my will for the reason.