2048
Repeal.
Rights under bills of lading to vest in consignee or endorsee.
18 & 19 Vic. c. 111, s. 1.]
Not to affect right of stoppage in transit or claims for freight
[18 & 19 Vic. c. 111, s. 2.]
Bill of lading in hands of consignee, &c., conclusive evidence of the shipment as against master, &c.
[18 & 19 Vic. c. 111, s. 3.]
Proviso.
ORDINANCE No. 28 of 1886.
Bills of Lading.
2. Ordinance No. 2 of 1856 is hereby repealed but such repeal shall not affect the past operation of the said Ordinance nor anything done or suffered thereunder.
3. 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.
4. 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.
5. 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: 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.
2048
Repeal.
Rights under bills of lading to vest in consignee or endorsee.
18 & 19 Vie. 6. 111, s. 1.]
Not to affect right of stop- page in tran- situ or claims for freight
[18 & 19 Vic. e. 111, s. 2.7
Bill of lading
in hands of
consignee, &c., conclusive evidence of the shipment as against master, &c. [18 & 19 Vic. c. 111, s. 3.1
Proviso.
ORDINANCE No. 28 or 1886.
Bills of Lading.
2. Ordinance No. 2 of 1856 is hereby repealed but such repeal shall not affect the past operation of the said Ordinance nor anything done or suffered thereunder.
3. 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 endorse- ment, 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.
4. 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.
5. 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: Provided that the master or other person so signing may exonerate him- self 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.
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