The Indian Bills Of Lading Act, 1856
The Indian Bills Of Lading Act, 1856
[ACT NO.9 OF 1856] 1
1. Short title given by the Indian Short Titles Act, 1897 (14 of 1897), s.2 and Sch. This Act is based on the Bills of Lading Act, 1855, ( 18 and 19 Vict., c.111). It has been declared to be in force in the whole of India except Part B States and the Scheduled Districts, by the Laws Local Extent Act, 1874 (15 of 1874), s.3 Extended to former Part B States by Act 18 of 1949, s.4. It has been declared, by notification under s.3 (a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in the following Scheduled Districts, namely:- West Jalpaiguri , see Gazette of India , 1881, Pt.I, p.74. The Districts of Hazaribagh, Lohardaga (now the Ranchi district, see Calcutta Gazette, 1899, Pt.I, p.44), and Manbhum, and Pargana of Dhalbhum and the Kolhan in the District of Singbhum, see Gazette of India , 1881, Pt.I, p.504. Assam (except the North Lushai Hills), see Gazette of India , 1897, Pt.I, p.299.
An Act to amend the Law relating to Bills of Lading.
[11th April,1856.}
Preamble.
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 its 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: It is enacted as follows:
2. Not to affect right of stoppage in transitu or claims for freight.
Nothing herein contained shall prejudice or affect any right of stoppage in transitu, 1or 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.
1. As to stoppage in transit. see the Indian Contract Act.1872 (9 of 1872), ss.99-106.
3. Bill of lading in hands of consignee, etc., conclusive evidence of the shipment as against master, etc.
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 in fact been 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.
