Bills of Lading Act 1859 (SA)

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ANNO VICESIMO SECUNDO ET VICESIMO TERTIO

VICTORIB REGIN&.

A.

D. 1859.

No. 25.

An Act to amend the Law relating to Bills of Lading. A - &L)

34

7

[Assented to, 1st September, 1859.1

HEREAS by the custom of Merchants, a bill of lading of Preamble.

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W goods being transferable by endorsement, the property in ,cv

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goods g a thereby pas8 to the endorsee, but nevertheless all rights

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in respect o t e contract contained in the bill of lading continue in

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the original shipper or owner, and it is expedient that such rights &/&Q

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should pass with the property: Be it therefore Enacted, by the p--

Governor-in-Chief of the Province of South Australia, with the zg,

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advice and consent of the Legislative Council m d House of Assembly

of the said province, in this present parliament

as f o l l o w s - & s ~

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

endorsee of a bill of lading, to whom the property in the goods signee or endorsee.

lading to vest in con-

therein mentioned shall pass, upon or by reason"of such consign-

ment or endorsement, shall have transferred to and vcsted in him all

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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 (0 ,&C-

been made with himseli7--

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2. Nothing herein contained shall prejudice or affect any right Not

affect right ef

stoppage i%

transit U,

of stoppage in transitu, or any right to claim freight against the or claim offrei ht

original shipper or owner, or any liability of the consignee or endorsee,-

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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.

3, Every

ding in the hands of a consignee or endorsee, Bills of lading

mnsipee,

in

for valuable

at:&;

representing goods to have

been shipped

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~ n c ~ u a i v e

cvi- 9 g

on board a vessel, shall be conclusive evidence of

against the master or atber person signing the m e, vt

notmt S anding

as

that such goods, or some part thereof9 may not have been so shipped, unless such holder of the bill of lading shall have had actuad notice, at the time of receiving the same, that the goods had not been, in fact, laden on board. )(

'Short title.

4. This Act may be cited as " The Bills of Lading Act, 1859."

Commenoement of

Act.

5. This Act shall take effect from the passing thereof.

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Adelaide : Printed by authority, by W. *C. Cox, Go-vernment Printer, Viotmia-spare.

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