Authority of part owners.

The general owner in such a case is entitled to the freight, and may sue the consignee on the bills of lading in the name of the master, or he may enforce his claim by detaining the goods until payment, the law giving him a lien for freight. But where the freighter takes the possession, command, and navigation of the ship for the voyage, he becomes the owner, and is responsible for the conduct of the master and mariners; the owner in such a case has no lien for the freight, because he is not the carrier for the voyage (a).

United States. The several part owners of a ship are not partners, but tenants in common. Each has his distinct, though undivided, interest; and when one of them is appointed to manage the concerns of the ship for the common benefit, he is termed the ship's husband. Each part owner of a ship can sell only his own proper share of it; and upon the death of one part owner, his executors and administrators become tenants in common of the ship with the survivors. If there be no certain agreement among themselves respecting the employment of the ship, the Court of Admiralty may authorise a majority in value of the part owners to employ the ship upon any adventure, taking care at the same time to secure the interest of the dissenting minority. The Court of Admiralty should require a guarantee from the majority, in a sum equal to the value of the shares of the minority, either to bring back or restore the ship, or pay the majority the value of their shares. If the minority have possession of the ship, and refuse to employ her, the majority may obtain possession and send the ship to sea on giving like security. If the part owners be equally divided in opinion as respects the employment of the ship, either party may obtain the like security from the other seeking to employ her. In case of disagreement among part owners, the subject is referred to the jurisdiction of the Admiralty. When, in the case of equal part owners, the owner of each moiety is equally willing to have the ship employed in some voyage or adventure, but they differ as to the voyage; or each is ready to take the whole ship for a voyage to be planned by himself, but will not engage with the other in any voyage whatsoever, a sale of the ship, and a division of the proceeds among the owners, under a decree of the proper court, at the

(a) Par dessus Droit. Comm. Vol. II. p. 186.

instance of either of the dissentient parties, is the only remedy adapted to the case, and this power has been exercised by the Court of Admiralty. If a part owner sells, he can only sell his undivided right. The interest of part owners is so far distinct, that one of them cannot dispose of the share of another. A ship may be held not only by part owners as tenants in common, but in partnership by partners, as any other chattel. And though a part owner can sell only his share, yet one partner could dispose of the entire ship; and ships do not form an exception, when they are owned by a commercial partnership.

Part ownership is but a tenancy in common, and a person who has only a part interest in a ship is generally a part owner, and not a joint tenant or partner. As part owner, he has only a disposing power over his own interest in the ship, and he can convey no greater title. But there may be a partnership, as well as a co-tenancy in a vessel; and in that case a part owner in the character of partner, may sell the whole vessel; and he has such an implied authority over the whole partnership effects. In any case where it is free from fraud, the purchaser will have an indefeasible title to the whole ship. Whether a person is to be considered a part owner, or a partner in a ship, depends upon circumstances. The former is the general relation between shipowners, and the latter the exception, which is required to be specially shown. But as the law presumes, that the common possessors of a valuable chattel, will and desire whatever is necessary to the preservation and profitable employment of the common property, part owners on the spot have an implied authority from the absent part owners, to order for the common concern whatever is necessary for the preservation and proper employment of the ship. For that purpose they stand in the same capacity as partners, and would be liable as such for necessary repairs and stores ordered by one of themselves; this is the principle and limit of the liability of part

owners.

Whether part owners who render each other liable for supplies furnished, or repairs done for a ship, are to have their accounts taken, and the assets distributed, as if the ship were partnership property, or as if they had each a distinct separate interest in the vessel, as tenants in common, depends

VOL. II.

M

Part ownership as distinct from partnership.

Responsibility of shipowners.

upon the fact, whether the ship was held by them, in the particular case, as part owners, or as partners (a).

Germany.-The shipowner is responsible for any loss caused by the master and crew to a third person through neglect in the discharge of their duties. He is responsible for his ship and freight only, to third persons where a legal claim is established against him for the non-fulfilment of any contract, by the master acting under his authority, and for any fault or negligence of the master or crew, provided in all cases the injury be committed without his own fault. The owner is also responsible, not only with the ship and freight, but also personally for the wages of persons employed in the vessel. When the ship is lost without fault of the shipowner before the end of the voyage, or condemned as unfit or not worth repairing, and she is publicly sold, or taken by pirates or captured and declared a lawful prize,--the owner is not bound for any damages for the not finished voyage. Where the ship belongs to several owners, their respective rights are governed by the agreement, and the majority, taken according to the number of shares, regulates the management. A unanimity is however necessary in all cases where any essential alteration is proposed to be introduced. ship's husband may be appointed for the management of the ship, and when he is not a part owner, a unanimous vote is requisite for the appointment. The ship's husband is authorised to carry on all the affairs of the ship relating to the equipment, maintenance, and chartering, or other matters connected with the ship, and he is the legal representative of the part owners. He may appoint or discharge the master, but he could not bind the part owners by bills of exchange, or sell or mortgage the ship, unless he has received special power to that effect. all acts within his power the ship's husband will bind the part owners, even without naming them. The ship's husband must keep an account of his management, to be given to each part

owner.

A

For

The division of profit and loss is made each time the ship comes home, and according to the interest of each part owner. Each part owner may at any time sell his share in the ship without permission of the rest; but so long as he has not given notice of the transfer, he will remain liable to the other

(a) Kent's Comm. vol. iii. p. 163.

part owners.

A change in the person of the part owners has no effect as regards the property in the ship. If a part owner dies or becomes bankrupt, that does not cause the dissolution of part ownership among the rest. The dissolution of such part ownership can be dissolved by a majority. A resolution to sell the ship is equal to a resolution to dissolve. The sale of the ship must be by public auction. Part owners are only bound towards third persons for the proportion of their shares (a).

Holland.-If two or more persons having the right of ownership in the same vessel use her in common, a kind of partnership is formed, the interests of which are regulated by the owners of the vessel by plurality of votes, in proportion to the shares held by each, the smallest share being reckoned as one vote, and the number of votes of each party being regulated by multiplication of this smallest shares.

The owner of a ship is responsible for the acts of the master, Liability of and for the engagements contracted by him for all that relates shipowners. to the ship and the voyage. He may, however, in all cases relieve himself from this obligation by abandoning the ship and freight. But the power to abandon is not granted to a person who is both master and owner or part owner of the ship. When the master is a part owner he is responsible for the engagements contracted by himself for the ship and voyage in proportion to his interest. Where the ship and freight are abandoned the abandonment must be made by a notarial act. Each part owner is freed from his responsibility by giving up his share in the manner above stated. Where the owner or part owner has assured his interest in the vessel, or on the freight, his recourse against the assurer is not included in the abandonment.

Every owner or part owner of a vessel is personally responsible, in proportion to his share, for the expenses of refitting the vessel, and other matters executed by his order, or the order of the company. Every part owner is bound to contribute to the equipment of the vessel in proportion to his share; which answers for the contribution. If a vessel is compelled from necessity to enter a port to refit, and the majority of the owners consent to the refitting, the minority must accede to it, or

(a) German Code, §§ 450 to 478.

Authority of ship's hus

band.

renounce their shares in favour of the other part owners, who are bound to accept them; the value in this case is estimated by experienced persons. If the majority of owners consent to a dissolution of the partnership and to the sale of the ship, the minority is bound to submit. The sale must be a public one, unless the owners unanimously agree to the contrary. The partnership however cannot be dissolved till the voyage is completed. None but a part owner can be named ship's husband of the company, unless by the unanimous consent of the part owners. The ship's husband can be revoked at pleasure.

The ship's husband represents all the part owners, and can act in their name, unless specially restrained. With him rests the engagement of the master, and he may discharge him at pleasure. If the master has been discharged for a lawful cause, he cannot claim any indemnity; if he has been discharged without any lawful reason before the commencement of the voyage, he has a right to be paid for every day he has been in service; but if he has been discharged while on his voyage, his whole pay is due to him, with the expenses of his return, unless there be a written agreement to the contrary. The same regulations are applicable to the owner and partnership of a vessel. If the master who has been discharged is a part owner of the vessel, he can renounce his position, and demand the reimbursement of the value of his share, to be estimated by experienced persons. The ship's husband has the entire administration of all that is required for the maintenance, equipment, supply of provisions, and affreightment of the vessel. He cannot undertake a new voyage, or contract for a new charter, without the consent of the part owners, or the majority of them, unless a more extended power to such effect be granted to him by the contract of partnership. He is bound towards his part owners for all expenses, damage, and interests, which they may sustain through his fault or infidelity. The ship's husband can only insure the vessel with the express authority of all the part owners. He is bound to insure the expenses of refitting during the voyage, unless the master shall have borrowed on bottomry for the amount of the expenses of refitting. He binds by his acts all the part owners in proportion to their shares; but they cannot abandon their share in the vessel, and the freight already earned, or to be received for the