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Statutes of Northern Ireland


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URL: http://www.bailii.org/nie/legis/num_act/bola1855130.txt

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BILLS OF LADING ACT 1855

BILLS OF LADING ACT 1855 - LONG TITLE

An Act to amend the Law relating to Bills of Lading.{1}
[14th August 1855]
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:

BILLS OF LADING ACT 1855 - SECT 1
Consignees, and endorsees of bills of lading empowered to sue.

1. 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.

BILLS OF LADING ACT 1855 - SECT 2
Saving as to stoppage in transitu, and claims for freight, &c.

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
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.

BILLS OF LADING ACT 1855 - SECT 3
Bill of lading in hands of consignee, &c. conclusive evidence of
shipment as against master, &c.

3. 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.


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URL: http://www.bailii.org/nie/legis/num_act/bola1855130.txt