CHAPTER
332
BILLS OF LADING |
ARRANGEMENT OF
SECTIONS |
SECTION |
|
Rights under Bills of Lading to vest in consignee
or endorsee. |
Not to affect right of stoppage in transitu,
etc. |
Bill of Lading in hands of consignee, etc.,
conclusive evidence of the shipment as against master, etc. |
CHAPTER 332 |
BILLS OF LADING |
An Act to
amend the law relating to Bills of Lading. | 18 & 19 Vict. c.
111 extended by
23 of 1860 |
[Commencement 14th
August, 1855] |
1. [This Act may be cited as the Bills of Lading Act.] | Short title. |
2. Every consignee of goods named in a Bill of Lading,
and every endorsee of a Bill of Lading to whom the property in the goods
therein mentioned shall pass, upon or by reason of such consignment or
endorsement, shall have transferred to and vested in him all rights of suit,
and be subject to the same liabilities in respect of such goods as if the
contract contained in the Bill of Lading had been made with himself. | Rights under Bills of Lading to vest in consignee or
endorsee. |
3. Nothing herein contained shall prejudice or affect
any right of stoppage in transitu, or any right to claim freight against
the original shipper or owner, or any liability of the consignee or endorsee by
reason or in consequence of his being such consignee or endorsee, or of his
receipt of the goods by reason or in consequence of such consignment or
endorsement. | Not to affect right of stoppage in transitu,
etc. |
4. Every Bill of Lading in the hands of a consignee or
endorsee for valuable consideration representing goods to have been shipped on
board a vessel shall be conclusive evidence of such shipment as against the
master or other person signing the same, notwithstanding that such goods or
some part thereof may not have been so shipped, unless such holder of the Bill
of Lading shall have had actual notice at the time of receiving the same that
the goods had not been in fact laden on board: | Bill of Lading in hands of consignee, etc., conclusive
evidence of the shipment as against master, etc. |
Provided that the
master or other person so signing may exonerate himself in respect of such
misrepresentation by showing that it was caused without any default on his
part, and wholly by the fraud of the shipper, or of the holder, or some person
under whom the holder claims. |