contract of mateship

A contract called "mating" entered into between the masters of two whaling ships, whereby they enter into a species of partnership in the business of taking whales and procuring oil; so that if the ships cruise together, they divide equally the oil procured by both, before they separate; or, if they cruise separately, upon their first meeting afterward, they make an equal division of their oil. If they are not then full, they proceed independently or enter into a new contract of mateship. If, after agreeing to mate, they accidentally separate and do not meet again until after the completion of the voyage, neither can claim of the other if either returns filled with oil. But when they do meet abroad after such mateship, the settlement and division of oil take place immediately, unless one has filled. Baxter v Rodman, 20 Mass (3 Pick) 435.