Updated: Sunday March 27, 2011/AlAhad
Rabi' Thani 22, 1432/Ravivara
Chaitra 06, 1933, at 09:25:56 PM
lX of 1856
11th April, 1856
An Act to amend the Law relating to Bills of Lading
Preamble.
WHEREAS by the custom of merchants a bill of lading of goods
being transferable by endorsement, the property in the goods may thereby pass
to the endorsee, but nevertheless all rights in respect of the contract
contained in the bill of lading continue in the original shipper or owner, and
it is expedient that such rights should pass with the property; And whereas it
frequently happens that the goods in respect of which bills of lading purport
to be signed have not been laden on board, and it is proper that such bills of
lading in the hands of a bona fide holder for value should not be questioned by
the master or other person signing the same, on the ground of the goods not
having been laden as aforesaid; It is enacted as follows:---
1. Rights
under bills of lading vest in consignee or endorsee
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.
2. Not to
affect right of stoppage in transit or claims for freight
Nothing
herein contained shall prejudice or affect any right of stoppage in transit, 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
3. Bill of
lading in hands of consignee, etc., conclusive evidence
of the ship as against master, etc.
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 in fact been laden on board:---
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
Go to Index
| LL. B. – I | LL. B. – II | LL. B. – III | LL. B. Directory | Home