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 manage ment, 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 Parsons, Marit. Law, 97. He must see to Me proper outfit of the vessel in the repairs adequate to the voy age 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 Amish* of provisions and stores according to the necessities of the voyage ; must see to the regularity of the clearances from the custorn-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 n ist preserve the proper certificates, surveys, and documents, in case of future disputes with insurers and freieht ers, and to keep regular books of the 'hip: Bell, Comm. 428 ; 4 Barnew. & Ad. 375 ; 13 East, 538 ; 1 Younge &C. Exch. 326; 8 Wend. N. Y.144; 16 Conn.12. These are his gene ral powers ; but, of course, they may be limited or enlarged by the owners ; and it may be observed .that without special au thority he cannot borrow money generally for the use of the ship ; though, as above ob served, he may settle the accounts for' fur nishings, 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. Al though he rnay, 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 set tled by the charter-party.
He cannot insure or bind the owners for premiums. 17 Me. 147 ; 2 Moyle & S. 485 ; 13 East, 274 ; 7 B. Monr. Ky. 596 ; 11 Pick. Mass. 85 ; 5 Burr. 2627; Paley, Ag. Lloyd ed. 23, note 8 ; Abbott. Shipp. pt. 1, c. 3, s. 2; Marshall, Ins. b. 1, c. 8, s. 2 ; Livermore, 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 pre sence of the ship's husband or the knowledge 'of the contracting parties that a ship's hus band 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. 427.
The papers or docu ments required for the manifestation of the ownership a,nd national character of a vessel and her cargo, and to show her compliance with the revenue and navigation laws of the country to which she belongs.
The want of these papers or any of them renders the character of a vessel suspicious, 2 Boulay-Paty, Droit Com. 14 ; and the use of false or simulated papers frequently sub jects the vessel to confiscation, 15 East, 46, 70, 364 ; Molloy, b. 2, c. 2, s. 9, or avoids an insurance, unless the insurer has stipulated that she may carry such papers. Id.
A ship's papers are nf two sorts: first, those required by the law of the particular country to which the ship belongs : as, the certificate of registry or of enrolment, the license, the crew-list, the shipping articles, clearance, etc. •, and, second, such as are re quired by the law of nations to be on board of neutral ships as evidence of their title to that character : as, the sea brief or letter, or passport ; the proofs of property in the diip, as bills of sale, etc. ; the charter-party; the bills of lading •, the invoices; the crew-list or muster-roll ; the log-boek, and the hill of health. M'Culloch, Com. Diet. Ship's Papers.