CHAPTER III. OF PART OWNERSHIP, AND THE REQUISITE DOCUMENTS. Books of General Reference. ABBOT's Treatise on the Law relating to Merchant Ships and Seamen.-London, 1804. This Work, in the 3rd part, and in passages of the 1st, contains much im. portant information in relation to the subject of this chapter. LANGENBECK'S Anmerkungen über das Hamburgishe Shiffsund See Recht.-Hamburg, 1727. Like the other commentators upon the later maritime law, are important, in regard to the rights of the particular country, to which they refer. WHERE several persons, that are not otherwise partners in trade, are interested in the property of a vessel, they are termed part-owners. Part-ownership originates at the building or in the purchase; or after the purchase of a vessel; and, in most countries, can only obtain between the subjects of such country; and in Denmark such subjects must either be native born, or such as Generally in Denmark, a written contract, relating to the general ownership of the vessel, is framed, and is called the general contract. If this is done, after the sale of one or more shares partners; nor entitled to the rights of partners. If the author means, that a part-owner, or co-tenant of a vessel, has not the same disposing power over the vessel as a partner, the law is no doubt correct; but the words do not express this idea. They convey a meaning, that a partner of every species of property, (excepting a vessel, has a power to make a valid title to the whole of the partnership effects; but that, where the subject of partnership is a vessel, the power of a partner to sell, is only co-extensive with his real interest. A partner by virtue of his implied authority, has the power of assigning or disposing of the entire property, in the partnership effects, if there be no fraud in the transaction, Cowp. 445; and there is no law which constitutes an exception in the case of a partnership of a vessel. The other partners have no recourse against the vendee; and their only remedy is in equity against the partner, who has thus parted with the property. But partowners, or tenants in common, possess no such power over the general or undivided interest; a co-tenant cannot dispose of the entire property. His disposing power is only commensurate with his interest; and if he give a bill of sale for the whole, an action will lie, at the instance of the other co-tenant, for his moiety; for the sale severs the co-tenancy, and the vendee is entitled to no more, than the interest which the vender has. 2 John. N. Y. Rep. 468. 3 John. 175. If, therefore, one part-owner, or co-tenant of a vessel, sell the whole, the bill of sale conveys a valid title only to the interest of the vender; and the other co-tenants have an action against either the vendee or vender for their interests. But if a partner sells the whole vessel, the vendee has an indefeasible title in the whole; and the remedy of the other partners is only in equity, Partners, therefore, and part-owners, have the same powers over this species of property, that they possess over any other kind of chattels, of the concern, it then contains the bills of sale of such shares ; thereupon the terms of the connexion, thus: That one of the part-owners (generally he who has the largest interest in the vessel) is to have the direction of her; the regulation and receipt of the freight; the correspondence with the master; sometimes the insurance of the whole; (but generally each owner insures separately) the designation of the voyages, &c. and this for a definite or indefinite time; yet, binding himself in every important relation, for instance in average cases, or in the contemplated discharge of the master, &c. to assemble the owners, and in such cases to permit the majority to decide. It might be proper to insert as a clause in the general contract, that the majority should decide according to their proportionable interest in the ship (in the proportions established by the Hanseatic sea laws, (k) according, as they say, to the ancient usages of the sea) particularly as almost all sea laws contain this direction-Moreover, the general contract makes it the duty of the ship's husband, to keep correct accounts of the receipts and disbursements; and after every voyage, or as often as practicable (this clause is frequently the parent of fraud and chicanery) to post the ship's 'books; and to distribute the balance of profits to his other partowners, under forfeiture of his share; and further responsibility over. On the other hand, the several owners bind themselves to abide by his direction of the concern, to supply promptly the necessary advances, and average monies, sub Hypotheca bonorum, under forfeiture of their respective shares, and to secure him a stipulated compensation for his pains-Moreover, the several párt-owners among themselves, agree not to sell their interest covertly, without giving notice and preférence to their fellows; and particularly to make no sale to a foreigner.-It is often stipulated that no sale shall be made to a Jew. This clause, however is not general, and Christians and Jews have alike shares (k) Tit. 5. §.6. in the same vessel, or the latter navigate on their individual account; and this testimony is due to them, that on this head no complaints against them are known to us. This contract is seldom found with the vessel; but, by substitution for it, Danish vessels carry an attested document, which purports that every party interested has therein subscribed upon oath, what share he has in the vessel; that no fictitious contract has in any manner taken place, and that they will not dispose of their interest to any but Danish subjects. The Hanseatic code prescribes several precautions to prevent frauds, in partownership (); for instance, that a written statement of what is necessary, for the equipment of the vessel, be furnished, and that the provision and necessaries, with the consent of the others, remain with one part-owner until they are taken on board, so that no separate owner may constitute himself the ship's husband. Generally, according to the terms of the contract, the ship's husband is to decide upon the proposed expedition; but by the Hanseatic, French, (m) Swedish, and Prussian (n) maritime regulations, the majority of interest in the vessel-So, by the Hamburg code, the majority decides upon the destination of the vessel-but, if they determine upon no voyage, the minority is to rule. (c) As the prosperity of every nation intimately depends upon the prevailing spirit of enterprise; and as the minority may always protect themselves by insurances, this privilege of the majority is grounded in the nature of the case, and the provision of the Hamburg law is a just one. The Danish law determines: (p) That in case of a difference of opinion, the vessel shall on no account be laid up; but the minority may affix a valuation, which they will either take or give; and those who thereupon remain owners in the vessel, shall within six weeks, without further process of law, re-im (1) § 1. & 2. in tit. 5. (m) Art. 220. (p) 4th book, 1st chap. § 35, (n) § 1427. u. 1428. des Preussischen Landrechtes. (0) Langenbeck ad. art. 2. tit. 13. |