874 [ 28 OF 1886. ] WILLS ACT AMENDMENT,
[ 29 OF 1886. ] BILLS OF LADING .
possessed or enjoyed by some person or persons claiming to be
entitled thereto in consequence of the defective execution of such
will , or the right thereto shall not have been decided to be in
some other person or persons than the persons claiming under
the will , by a Court of competent jurisdiction in consequence
of the defective execution of such will, and to every will made
since the 31st of ()ctober, 1854 .
No. 29 OF 1886 . 1
An Ordinance entitled An Ordinance relating to Bills of
Lading.
[ 14th December, 1886.] 1
1
HEREAS it is expedient that Ordinance No. 2 of 1856
should be re -enacted with certain amendments :
* *** *
Short title.
1. This ordinance may be cited for all purposes as “ The Bills
of Lading Ordinance, 1886. ” *
Rights under 3. Every consignee of goods named in a bill of lading, and
bills of lading
to vest in every endorsee of a bill of lading to whom the property in the
consignee or
endorsee . goods therein mentioned shall pass, upon or by reason of such
[18 & 19 Vic. consignment or endorsement, shall have transferred to and
c. 111 , s. 1. ] 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. *
1
Not to affect
stop
4. Nothing herein contained shall prejudice or affect any
page in tran: right of stoppage in transitu, or any right to claim freight
situ or claims against the original shipper or owner, orany liability of the
(18 & 19 Vic. consignee or endorsee by reason or in consequence of his being
c. 111 , s. 2. ] such consignee, or endorsee, or of his receipt of the goods by
reason or in consequence of such consignment or endorsement.
Bill of lading
in hands of
5. Every bill oflading in the bandsof a consignee or endorsee
consignee, for valuable consideration representing goods to have been
&c. , con . shipped on board a vessel, shall be conclusive evidence of such
evidence of shipment as against the master or other person signing the
the shipment same, notwithstanding that such goods or some part thereof
master, &c. may not have been so shipped , unless such holder of the bill of
[18.& 19 3.Vic] . lading shall have had actual notice at the time of receiving the
. 111 ,
same that the goods had not been in fact laden on board : pro
Proviso . vided that the master or other person so signing may exonerate
Linself 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.