The capacity of a ship is ascer- tained by its tonnage, or the space which may be occupied by its cargo. A majority of the owners cannot change the owner- ship by forming themselves into a limited company; [1895] P. 284; admiralty will authorize a majority in value of the owners of a ship to employ the ship, tak- ing a bond for the protection of the mi- nority; 8 Kent 151; a dissenting part- owner, receiving securities, cannot claim compensation or a share of the profits; 4 Sim. 439; and is not liable for a collision; 18 Fed. Rep. 547. Carriers by water are to a certain extent common carriers, in all the strictness of the common-law rule; 8 Kent *217; 19 How. 312; like common carriers, apart from express contract, they are absolutely responsible for the goods intrusted to them, and insure them against all contingencies excepting only the act of God and the ene- mies of the Queen. Per Lopes, L. J., in 16 Q. B. D. 633. See, also, L. R. 9 Ex. 842; 1 C. P. D. 19; this rule is said to have been established in the seventeenth century; 1 C. P. D. 430. The master of a general ship is liable where his goods were stolen by robbers; 1 Mod. 85; and an action will lie against the owners as well as the master; Carth. 58. It has been held that the owner of a private ship is subject to the same rule; L. R. 9 Ex. 638. Lord Cockburn has denied that a carrier by sea is subject to the same liability as a common carrier by land; 1 C. P. D. 426; and Brett. J., was of opinion that he is not a common carrier, but that his liability to carry at his absolute risk arises 'rom recognized custom; L. R. 9 Ex. 88877 id. 267. See article in 5 L. Q. Rev. 15. It is said that they are not common carriers, because not bound to receive all goods offered. See 1 Pars. Ship. 248. Ships are of different kinds: as, ships of war and merchant-ships, steamships and sailing-vessels. Merchant-ships may be devoted to the carriage of passengers and property, or either alone. When propelled in whole or in part by steam, and employed in the transportation of passengers, they are subject to inspection and certain strin- gent regulations imposed by act of congress passed 28th Feb., 1871; R. S. §§ 4463-4500; and steam-vessels not carrying passengers are likewise subject to inspection and cer- tain regulations; R. S. §§ 4399-4462. Stringent regulations in regard to the number of passengers to be taken on board of sailing-vessels, and the provisions to be made for their safety and comfort, are also prescribed by R. S. § 4465. Numerous acts of congress have been passed from time to time in reference to the registering, enrolling, licensing, em- ployment, and privileges of the vessels of commerce owned in the United States. See R. S. §§ 4399, 4500. Construction of the Harter Act. The act of Feb. 13, 1893, known as the Harter Act (see that title), was not intended as general legislation concerning the rights or liabili- ties of ship-owners, but only to deal with the carrying vessel and her own cargo. And all principles and rules of decisions previously applicable, as to the apportion- ment of damages in case of mutual fault, should still be followed as closely as possible and no more changes admitted than the evident intent of the act necessitates; 60 Fed. Rep. 296; 74 id. 899; s. c. 33 U. S. App. 510. In determining the effect of the statute in restricting the operation of gen- eral and well-settled principles, the course of decision has been to treat those principles as still existing, and limit the relief from