SHIFTING USE, estates. One which takes effect in derogation of some other estate, and is either limited by the deed creating it, or authorized1 to be created by some person named in it. This is sometimes called a secondary use.
2. The following is an example: If an estate be limited to A and his heirs, with a proviso that if B pay to A one hundred dollars by a time named, the use to A shall ease, and the estate go to B in fee; the estate is vested in A subject to the shifting or secondary use in fee in B. Again, if the proviso be that C may revoke2 the use to A, and limit it to B, then A is seised in fee, with a power in C of revocation3 and limitation of a new use. These shifting uses must be confined within proper limits, so as not to create a perpetuity. 4 Kent, Com. 291; Cornish on Uses, 91; Bac. Ab. Uses and Trusts, K; Co. Litt. 327, a, note Worth on Wills, 419; 2 Bouv. Inst. n. 1890. Vide Use.
SHILLING, Eng. law. The name of an English coin, of the value of one twen-tieth part of a pound. In the United States, while they were colonies, there were coins of this denomination4, but they greatly varied5 in their value.
SHIP. This word, in its most enlarged sense, signifies a vessel6 employed in navigation; for example, the terms the ship's papers, the ship's hushand, shipwreck7, and the like, are employed whether the vessel referred to be a brig, a sloop8, or a three-masted vessel.
2. In a more confined sense, it means such a vessel with three masts 4 Wash. C. C. Rep. 530; Wesk. Inst. h. t. p. 514 the boats and rigging; 2 Marsh10. Ins. 727 together with the anchors, masts, cables, pullies, and such like objects, are considered as part of the ship. Pard. n. 599; Dig. 22, 2, 44.
3. The capacity of a ship is ascertained11 by its tonnage, or the space which may be occupied by its cargo12. Vide Story's Laws U. S. Index, h. t.; Gordon's Dig. h. t.; Abbott on Ship. Index, h. t.; Park. Ins. Index, h. t.; Phil. Ev. Index, h. t. Bac. Ab. Merchant, N; 3 Kent, Com. 93 Molloy, Jure Mar9. Index, h. t.; l Chit. Pr. 91; Whart. Dig. h. t.; 1 Bell's Com. 496, 624; and see General Ships; Names of Ships.
SHIP BROKER13. One who transacts14 business between the owners of vessels15 and merchants who send cargoes16.
SHIP DAMAGES. In the charter parties with the English East India Company, these words occur; their meaning is damage from negligence17, insufficiency or bad stowage in the ship. Dougl. 272; Abbott, on Ship. 204.
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