the-ordinances-of-the-legislative-counci-1890 — Page 366

330 ORDINANCE No. 2 of 1856 .


Bills of Lading.


No. 2 of 1856.
Title. An Ordinance to amend the Law relating to Bills of Lading.

[ 12th January, 1856. ]
Preamble.
HEREAS it is expedient that the provisions of an Act of the Imperial Parlia
W ment of the eighteenth and nineteenth years of Her present Majesty, intituled
Enactments of “ An Act to amend the Law relating to Bills of Lading," should be adopted in this
Act of Parlia
ment, 18 and 19
Victoria, Cap. Colony : Be it therefore enacted and ordained by His Excellency the Governor of
91, to be in force
in the Colony. 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.




Abstract of Enactments of Act of Parliament, 18 and 19 Victoria, Cap. 91 , - "lo "
amend the Law relating to Bills of Lading."

Rights under 1. Every consignee of goods named in a bill of lading, and every indorsee of a
bills of lading to
vest in consignee
or indorsee. 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.

Not to affect 2. Nothing herein contained shall prejudice or affect any right of stoppage in
right of stoppage
in transitu, or
claims for transitu, or any right to claim freight against the original shipper or owner, or any
freight.
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.

Bill oflading in 3. Every bill of lading in the hands of a consignee or indorsee for valuable con-
hands of consig
nee, &c., conclu
sive evidence of sideration representing goods to have been shipped on board a vessel, shall be con
the shipment clusive evidence of such shipment as against the master or other person signing the
as against mas
ter, &c.
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
Proviso . 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. ]