英文法律词典 S-41

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.