Bills of Lading Act 1857 No 9a (NSW)

No. XIII.

An Act to amend the Law relating to Bills of

Lading, [3rd February, 1857.]

WH E R E A S be ing t ransferable by indorsement t he p rope r ty in t h e goods	m a y thereby pass to t h e indorsee b u t nevertheless all r igh t s in respect
of t h e con t rac t conta ined in t he Bill of Lading cont inue in t h e or iginal shipper or owner and it is expedient t h a t such r igh t s should pass with t he p rope r ty A n d whereas it f requent ly happens t h a t t h e goods in respect of which Bills of Lading p u r p o r t to be signed have n o t been laden on board a n d i t is proper t h a t such Bills of Lading in t h e hands of a bond fide holder for va lue should not be ques t ioned by t h e Mas te r or o ther person s igning the same on t h e g round of t he goods not hav ing been laden as aforesaid Be it therefore enacted by t h e Queen 's Most Exce l len t Majesty by and wi th the advice and consent of t he Legislative Counci l and Legislat ive Assembly of N e w South W a l e s
in P a r l i a m e n t assembled and by t h e au thor i ty of t h e same as follows :—
1. E v e r y consignee of goods named in a Bill of Lad ing and every indorsee of a Bil l of Lad ing to w h o m the proper ty in t h e goods
the re in men t ioned shall pass upon or by reason of such consignment or indorsement shal l have t ransferred to and vested in h i m all r ights of suit a n d be subject to t h e same liabilities in respect of such goods as if t he con t rac t contained in t he Bil l of Lading had been made wi th himself.

by t h e cus tom of m e r c h a n t s a Rill of L a d i n g of goods

2. N o t h i n g here in contained shall prejudice or affect any r igh t

of s toppage in transitu or any r igh t to claim freight against t he or iginal shipper or owner or any liabili ty of t he consignee or indorsee by reason or in consequence of his be ing such consignee or indorsee or of his receipt of t h e goods by reason or in consequence of such cons ignment or indorsement .

3. Eve ry Bil l of Lad ing in t he hands of a consignee or indorsee for valuable considerat ion represent ing goods to have been shipped on board a vessel shal l be conclusive evidence of such sh ipment as against t he Mas te r or o ther person s igning the same no twi ths t and ing t h a t such goods or some p a r t thereof m a y no t have been so shipped unless such holder of t h e Bil l of Lad ing shall have had ac tual not ice a t t he

t i m e of receiving t h e same t h a t t he goods had not been in fact	laden
on board.