HUSBAND, mar. law. The name of an agent who is authorized to make the necessary
repairs to a ship, and to act in relation to the ship, generally, for the owner.
He is usually called ship's husband. Vide Ship's Husband.

SHIP'S HUSBAND, mar. 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 usually authorized
to act as the general agent of the owners, in relation to the ship in her home
port.
   By virtue of his agency, he is authorized to direct all proper repairs,
equipments and outfits of the ship; to hire the officers and crew; to enter into
contracts for the freight or charter of the ship, if that is her usual
employment; and to do all other acts necessary and proper to prepare and
despatch her for and on her intended voyage. 1 Liverm. on Ag. 72, 73; Story on
Ag. Sec. 35.
   By some authors, it is said the ship's husband must be a part owner. Hall on
Mar. Loans, 142, n.; Abbott on Ship. part 1, c. 3, s. 2.
   Mr. Bell, Comm. 410, Sec. 428, 5t ed. p. 503, points out the duties of the
ship's husband, as follows, namely:
   -1. To see to the proper outfit of the vessel, in the repairs adequate to the
voyage, and in the tackle and furniture necessary for a sea-worthy ship.
   -2. To have a proper master, mate, and crew, for the ship, so that, in this
respect, it shall be sea-worthy.
   -3. To see the due furnishing of provisions and stores, according to the
necessities of the voyage.
   -4. To see to the regularity of the clearance's from the custom-house, and
the regularity of the registry.
   -5. To settle the contracts, and provide for the payment of the furnishings
which are requisite to the performance of those duties.
   -6. To enter into proper charter parties, or engage the vessel for general
freight, under the usual conditions; and to settle for freight, and adjust
averages with the merchant; and,
   -7. To preserve the proper certificates, surveys and documents, in case of
future disputes with insurers and freighters and to keep regular books of the
ship.

   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, in general, exercise the following enumerated acts:
   -1. 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. 411, 499.
   -2. 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 charter party. Id.
   -3. He cannot insure, or bind the owners for premiums. Id.; 5 Burr. 2627;
Paley on Ag. by Lloyd, 23, note 8; Abb. on Ship. part 1, c. 3, s. 2; Marsh. Ins.
b. 1, c. 8, s. 2; Liv. on Ag. 72, 73.
   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. Bell's Com. ut supra.

SHIP. This word, in its most enlarged sense, signifies 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 sloop, or a three-masted vessel.
   In a more confined sense, it means such a vessel with three masts 4 Wash. C.
C. Rep. 530; Wesk. Inst. 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; Dig. 22, 2, 44.
   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.
Bac. Ab. Merchant, N; 3 Kent, Com. 93 Molloy, Jure Mar. Index, h.t.; l Chit. Pr.
91; Whart. Dig. h.t.; 1 Bell's Com. 496, 624; and see General Ships; Names of
Ships.

SHIP BROKER. One who transacts business between the owners of vessels and
merchants who send cargoes.

SHIP DAMAGES. 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. Dougl. 272; Abbott, on Ship. 204.

SHIP'S PAPERS. Those documents which are required on board of neutral ships, as
evidence of their neutrality, These are the passports, sea-letter, muster-roll,
charter party, bill of lading, invoices, log book, bill of health, register, and
papers containing proofs of property. 1 Chit. Com. Law 487.
   The want of these papers, or either of them, renders the character of a
vessel suspicious. Vide Clearance, and 2 Boulay Paty, Dr. Com. 14.

SHIPPING ARTICLES, contr. mar. law. The act of congress of July 20, 1790, s. 1,
directs that a master of any vessel bound from a port in the United States to
any foreign port, or of any vessel of fifty tons or upwards, bound from a port
in one state to a port in any other than at adjoining state, shall, before he
proceed on such voyage, make an agreement in writing or in print, with every
seaman or mariner on board such vessel, (except such as shall be apprenticed or
servant to himself or owners) declaring the voyage or voyages, term or terms of
time, for which such seaman or mariner shall be shipped.
   And by sect. 2, it is required that at the foot of every such contract, there
shall be a memorandum in writing, of the day and the hour on which such seaman
or mariner who shall so ship and subscribe, shall render himself on board to
begin the voyage agreed upon.
   This instrument is called the shipping articles. For want of which, the
seaman is entitled to the highest wages which have been given at the port or
place where such seaman or mariner shall have been shipped for a similar voyage
within three months next before the time of such shipping, on his performing the
service, or during the time he shall continue to do duty on board such vessel,
without being bound by the regulations, nor subject to the penalties and
forfeitures contained in the said act of congress; and the master is further
liable to a penalty of twenty dollars.
   The shipping articles ought not to contain any clause which derogates from
the general rights and privileges of seamen, and if they do, such clause will be
declared void. 2 Sumner, 443; 2 Mason, 541.
   A seaman who signs shipping articles, is bound to perform the voyage, and he
has no right to elect to pay damages for non-performance of the contract. 2
Virg. Cas. 276.
   Vide, generally, Gilp. 147, 219, 452; 1 Pet. Ad. Dec. 212; Bee, 48; 1 Mason,
443; 5 Mason, 272; 14 John. 260.

SHIPWRECK. The loss of a vessel at sea, either. by being swallowed up by the
waves, by running against another vessel or thing at sea, or on the coast. Vide
Naufrage; Wreck.

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