Where a ship is the property of seve ral part-owners, the rules of most nations have made provision for the administra tion of the joint property in case of a dis agreement as to the management among the joint-owners. The English law con tains similar provisions. The majority in value are authorised to employ the ship ' upon any probable design ;' hut they are only entitled to do so upon giv ing security to the minority in a sum equal in value to the united shares of the latter. The mode of obtaining this se curity is by procuring a warrant from the court of Admiralty for the arrest of the ship. After the security has been given, the minority bear no share either in the expenses or profits of the adventure. If no application of this kind is made to the emu% the minority ought expressly to give notice of their dissent both to their joint-owners and all other parties engaged in the proceedings, and they will then be relieved from the necessity of contributing in case of a loss. If they take no steps of the kind, their joint-owners, as in the case of partnership of any other chattel, will not be responsible to them for any conse quences short of an absolute destruction by their means of the ship. The same proceedings are proper to be taken where the joint•owners are equally divided in opinion, or the minority have obtained possession of the ship. One part-owner may make the others liable for repairs, &c., done at his order : the usual practice, however, is for the part-owners to unite in appointing one person as a general agent for them all. This person is styled the ship's husband, and his duty, when not specially defined, is to attend to all mat ters connected with the outfit and freighting of the ship. It is not, however, within his authority to effect an insur ance. If he makes any advances he can sue those part-owners on whose behalf those advances are made for what is due to him. In case of disagreement among the part-owners as to the settlement of the accounts concerning the expenses and earnings of a ship, the ordinary remedy is by a suit in equity.
2. As to the persons employed in the na vigation, 4.c., of ships.—The master is the commander of the ship; he has the sole management of it. He is responsible for any injury done to the ship or cargo in consequence of his negligence or incom petence. The master of a British ship must be a British subject, and three-fturths of the crew must be British seamen ; to this rule there are some exceptions and limitations.
The master can bind the owners by en tering into engagements relative to the employment of the ship. Such engage ments are of two kinds : I. A contract by which the whole ship is let to hire during an entire voyage, which generally is accomplished by a sealed instrument called a 2. A contract with distinct persons to convey the goods of each, in which case the ship is called a general ship. Such contracts made by the master are legally considered to be made by the owners who employ him ; and in either case they or the master are liable in respect of these contracts. If the char ter-party is made in the name of the mas ter only, it will not support a direct action upon it against the owners. Still if the contract is duly made, and under such stances as afford either direct proof of au thority or evidence from which such au thority may be inferred, the owners may he made responsible either by a special action on the case or by a suit in equity.
The master can also render the owners liable for repairs done and provisions and other things furnished for her use, or for the money which he has expended for such purposes. In this case also the re medy of the creditor is against the mas ter, unless by express contract the owners alone are rendered liable, and also against the owners. A party who has done the repairs upon a ship has a right to retain the possession of it until his demands are paid ; but if he gives up possession, he is on the same footing as other creditors. When, however, the ship is abroad, and the necessary expenses cannot otherwise be defrayed, the master has the same power which the owners or part-owners to the extent of their shares under all circumstances have, to hypothecate the ship and freight as security for debts con tracted on behalf of' the ship. The con tract of hypothecation is called a contract of bottomry, by which the ship upon its arrival in port is answerable for the money advanced, with such interest as may have been agreed on. [Borromitv.] By such hypothecation the creditor acquires a claim on the ship. When the claim has been created by the master abroad, it may be enforced by suit in the Admiralty ; but if the ship has been hypothecated by the owners at home, the parties can only have recourse to the common law or equity courts. The Admiralty and courts of equity will recognise the interest of the assignee of a bottomry bond, though at common law he cannot sue in his own name. When money is lent on bottomry, the owners are not personally responsible. The credit is given to the master and the ship, and the remedy is against them only. Still if a party is not content with such security, the master may also render the owners liable. If the sums secured by the bond are not repaid, an application must be made to the Court of Admiralty, founded on the instrument of contract and an affidavit of the facts, upon which a warrant issues to arrest the ship, and the persons interested are cited to appear be fore the court, which then decides what is to be done. If the necessary amount of money cannot be raised by hypothe cating the ship and freight, the master may also sell part of the cargo or pledge it.
The whole of the services of the master are due to his employers ; and if he oc cupy himself on his own account, and the money earned by him is paid to his em ployers, they can retain it. It is his duty to give information to the owners of every matter which it may be material for them to know.
& 8 Viet. c. 112, entitled An Act to amend and consolidate the laws relating to Merchant Seamen and for keeping a Register of Seamen' repeals the 5 8t 6 Wm. IV. c. 19, except so far as such act repeals the acts thereby repealed, and except so far as relates to the esta blishment, maintenance, and regulations of the office called ' The General Register Office of Merchant Seamen.' This new act contains the regulations as to the hiring of seamen, their rights and duties.