Page:Black's Law Dictionary (Second Edition).djvu/1092

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SHIP

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

{{anchor+|.|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.

{{anchor+|.|SHIP, n. A vessel of any kind employed in navigation. In a more iestricted 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, mnnl iioats, barges, and every structure adapted to be navigated from [llflCe to place for the transportation of merchandise ar persons. Civ. Code Cal. § 960.

Nautical men apply the term “ship" ta distin- ‘sh a vessel h.-iiing three masts, each consisting of a lowcr mast. fl. topuiast, and _a top- giiliant mast, viith their appropriate rigging. In familiar language. it is usually empioy_ed to distinguish any large vessel, however rig- ized. It is also frequently used as a general designation for all vessels navigated with sails; and this is the sense in which it is cmployi-d in law. Tomiiris. And sce Cope v. Valletta I)ry-Dock Co.. 119 U. S. ‘. 7 Sup. Ct. ‘ 520 L. Ed. 51.11: U. S. v. Open Boat. 27 Fed. Cns. 317: Raft of Cypress Loizs, 20 Fed. Cas. 170; 'l‘iicl-er v. Alexauilrolf. 133 U. S. 424, 22 Sup. Ct 19 . 46 L. Ed. 2 '

way, 71 N. Y. 417 v Dewey. 188 U S. 2'3-1 23 Sup. Ct. 4 - 47 L. 4 . 4-63; Swan 17. U. S.. l9 Ct. Cl. 6..

—General ship. Where :1 ship is not chartnred wholly to one person, but the owner offi-rs her gencrziiiy to carry the goods of all corners, or where, if chartered to one person. he olfers her to several suhfreighteis for the con- vcyunce of their goods. she is called a “general" ship, as opposed to a “chart:*red" one. Brnwn_ A vessel in which the master or owners cnzage separately viith a number of persons unronni-cted with each other to convey their respective goods to the place of the ship's d tinntion. \\-‘lard v. Green. 6 Cow. (N. Y.) li , 16 Am. Dec. 437.--ship-breaking. In Scotch law. The otfr-use of breaking into a ship. Al‘l{lt‘y. 46 .—Sliip-broker. An agent for the transaction of business between shipownars and charterers or those who ship cargoes. Littin Rock v. Barton, 33 Ark. 4-1-l— Sliip-clisndlery. This is a term of extensive import, and includes everything necessary to furnish nnd equip a vessel. so as to render ber seaworthy for the intended voyage. Not only stores, stoves. hardware, and l!l'(l(‘l<€I‘_V have been held to be within the term, but muskcts and other arms also, the voyage being round (‘ape Horn to California. in the course of which voyage arms are sometimes carried for sofetv. l\'ca\'er v. Tho S. G. Owens. 1 Wall. J r. 268, Fed. Cos. No. l7.3]ll.—Ship—channel. In rivors. 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. C.) 22 Fed. S-13.-Sliip—ds:na.qe. In the charter-parties with the E11): sh East India Compau v, these words occur. '1‘lii=ir meaning is. damage from negligence, insufficiency, or had stowage in the ship. Ahb. Siiipp. 204, —Ship-master. The captain or miistrr of II merchant ship, appointed and put in command hr the ovxncr, and having general control of llI(‘ vessel and cargo, with power to bind the nwncr by his lawful acts and engagc-iuents in the m.-inogement of the ship.—Slii1|-money. In English law. An imposition formerly lev-

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BHIPPIN G

led on port-towns and other places for filti" out ships: revived by Charles I , and cibolis in the same reign. 17 Car. I. c. l-l.—Ship'I bill. The copy of the hi1 of lading l'ELllliLd hy the uiaster is called the "ship's hill." It in not authoritative as to the terms of the contract of alIi-rightrnent: the bill IlE‘lly9i'Ell to the shipper must control, if the tvio do not o=‘1'L-c. The '1‘hanics. I-ii “hill 9S. 30 L. Ed. 8fl—l.—Sliip's company. A l’E"l'll1 embracing all the officers of the ship, as well as the mariners or common seiunpn, but not a pass:-ngeii U. S. v. Lilihv. 2|’. Fr-il. Css. 993- [1 S_ r_ Winn, 28 Fed. Cas. 7333 —Sliip's husband. in moritime law. A porsrrn appointed by the several ])£Il'TI-D\\llE[S of 5] ship. rind usually one of tli.-7r number. to manage the ooncnros of the ship for the common benefit. Generally understand to be the general agent of the owners in isrird to all the afi‘.-iirs of the ship in the home pun. Story. Ag. § 3 : 3 Kent Comm. 1' : Web- ster v. The An es. 18 Ohio. 187: Iuidun v. l\'§iitloclr. 1 Cow. (N. Y.) 307. 1'1 Am. Doc. 5'3 , Gillespie v. llmberg. J , . . 322: Ilfilclicil v. Cliainbefi. 43 a ' h. 150. 5 N. W. 57. 38 Am. R631). 1G7.—Sliip's papers. The papers which must be czirrind by a it-ssei on a voyage. in order to furnish evidence of her national character, the nature and dr-stiriation of_lhe cargo, and of compliance with the nnvigzitiou laws. The ship‘s papers are of two sorts: Those requircd by the law of a particular country: such as the certificate of 1'02- lstry. license, charter-party. bills of hiding mid of health. required by the law of England to he on board all British ships. Those required by the law of nations to be on board neutral ships. to vindicate tbcir title to that character; those are the pass port. se-i-biiof, or serrletter. proofs of property, the muster-roll or rfilc iI‘eqm'pi1_r/e, the charter-party, the bills of iading and in- voices, the log-bunk or ship's journal, and the bill of health. 1 Marsh Ins. c. 9 G.


SHIPPED. This term, in common maritime and commercial usage. means "placed on hourd of a vessel for the purchaser or consignee. to be transported at his risk." Fisher v. Minot, 10 Gray (Mass) 262.

SI-IIPPER. 1. The owner or goods who l-ntrusts them on board a vessel for delivery ahroad, by charter-party or otherwise.

2. Also, a Dutch word. signifying the master of a ship. It is mentioned in some of the statutes ; is now generally called "skipper." Tomlins.

SHIPPING. Ships in general; ships or vessels of any kind intended for navigation. Relating to ships; as. shipping interest, shipping uifairs, shipping business. shipping cocnerns. Putting on board a ship or vcssoi, or receiving on board :1 ship or vessel. \\’eli- ster; Worcester.

The “law of shipping" is a comprehensive term for all that part of the maritime law which relates to sliips and the persons employed in or shout them. It embraces such subjects as the building and equipment of vessels, their registration and nationality, their ownership and inspection, their employment. (including charter-parties. freight. deuiurrage. towage, and salvage.) and their

sale. transfer, and mortgage; also, the employment, rights, powers, and duties of mas-