330
Title.
Preamble.
Enactments of Act of Parliament, 18 and 19 Victoria, Cap. 91, to be in force in the Colony.
ORDINANCE No. 2 OF 1856.
Bills of Lading.
No. 2 of 1856.
An Ordinance to amend the Law relating to Bills of Lading.
[12th January, 1856.]
WHEREAS it is expedient that the provisions of an Act of the Imperial Parliament of the eighteenth and nineteenth years of Her present Majesty, intituled "An Act to amend the Law relating to Bills of Lading," should be adopted in this Colony: Be it therefore enacted and ordained by His Excellency the Governor of Hongkong, with the advice of the Legislative Council thereof, that the enactments of the said Act of Parliament, an abstract of which is hereunto annexed, shall, from and after the passing of this Ordinance, be of force in the Colony of Hongkong.
Rights under bills of lading to vest in consignee or indorsee.
Not to affect right of stoppage in transitu, or claims for freight.
Bill of lading in hands of consignee, &c., conclusive evidence of the shipment as against master, &c.
Proviso.
Abstract of Enactments of Act of Parliament, 18 and 19 Victoria, Cap. 91,--"to amend the Law relating to Bills of Lading."
1. Every consignee of goods named in a bill of lading, and every indorsee of a bill of lading to whom the property in the goods therein mentioned shall pass, upon or by reason of such consignment or indorsement, 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. 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 indorsee, by reason or in consequence of his being such consignee or indorsee, or of his receipt of the goods by reason or in consequence of such consignment or indorsement.
3. Every bill of lading in the hands of a consignee or indorsee 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 shewing 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.
[Repealed by Ordinance No. 29 of 1886.]
330
Title.
Preamble.
Enactments of Act of Parlia- · ment, 18 and 19 Victoria, Cap. 91, to be in force
in the Colony..
ORDINANCE No. 2 OF 1856.
Bills of Lading.
No. 2 of 1856.
An Ordinance to amend the Law relating to Bills of Lading.
[12th January, 1856.]
"HEREAS it is expedient that the provisions of an Act of the Imperial Parlia-
WHE "An Act to amend the Law relating to Bills of Lading," should be adopted i
ment of the eighteenth and nineteenth years of Her present Majesty, intituled this Colony: Be it therefore enacted and ordained by His Excellency the Governor of Hongkong, with the advice of the Legislative Council thereof, that the enactments of the said Act of Parliament, an abstract of which is hereunto annexed, shall, from and. after the passing of this Ordinance, be of force in the Colony of Hongkong.
Rights under
bills of lading to.
vest in consignce or indorsee.
Not to affect right of stoppage
in transitu, or claims for freight.
Bill of lading in hands of consig- nee, &c., conclu-
sive evidence of the shipment as against mas- ter, &c.
Proviso.
Abstract of Enactments of Act of Parliament, 18 and 19 Victoria, Cap. 91,--"to amend the Law relating to Bills of Lading."
1. Every consignee of goods named in a bill of lading, and every indorsee of a bill of lading to whom the property in the goods therein mentioned shall pass, upon or by reason of such consignment or indorsement, 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. 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 indorsee, by reason or in consequence of his being such consignee or indorsee, or of his receipt of the goods by reason or in consequence of such consignment or indorsement.
3. Every bill of lading in the hands of a consignee or indorsee for valuable con-- sideration representing goods to have been shipped on board a vessel, shall be con- clusive evidence of such shipment as against the master or other persou 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: Pro- vided, that the master or other person so signing may exonerate himself in respect of such misrepresentation, by shewing 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.
[Repealed by Ordinance No. 29 of 1886.]
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