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Ships Husband

ship, owners, appointed, proper and freight

SHIP'S HUSBAND. 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, Mereh. Shipp. 188. He is usually, but not necessarily, a part-own er ; 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 tackle and furniture necessary for a sea worthy 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 char or engage the vessel for genera] freight under the usual conditions, and set tle for freight and adjust averages with the merchant ; and must preserve the proper cer tificates, 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 with out special authority he cannot borrow mon ey generally for the use of the ship ; though, as above observed, be may settle the ac counts 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, Corn. § 499. Although he may, in gen eral, 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 pow er to take bills for the freight and give up the possession of the lien over the cargo, un less it has been so settled by the charter-' party.

He cannot insure or bind the owners for premiums ; Hewett v. Buck, 17 Me. 147, 35 Am. Dec, 243 ; 2 Maule & S. 485 ; 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 pres ence of the ship's husband or the knowledge of the contracting parties that a ship's hus band 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.