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  "title": "Bills of Lading Act, 1856",
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  "text": "Page 1 of 2 \r\n \r\n \r\n \r\nTHE BILLS OF LADING ACT, 1856 \r\n \r\n \r\n \r\nCONTENTS \r\n1.  Rights under bills of lading to vest in consignee or endorsee.  \r\n2.  Not to affect right of stoppage in transitu or claims for  \r\n3.  Bill of lading in hands of consignee, etc., conclusive evidence of the shipment as against \r\nmaster, etc.  \r\n \r\n\r\n \r\nPage 2 of 2 \r\n \r\n1[THE 2* BILLS OF LADING ACT, 1856] \r\nAct No. IX OF 1856 \r\n [11th April, 1856] \r\nAn Act to amend the Law relating to Bills of Lading \r\n WHEREAS by the custom of merchants a bill of lading of goods being tra nsferable by \r\nendorsement, the property in the goods may thereby pass to the endorsee, but nevertheless all rights \r\nin respect of the contract contained in the bill of lading continue in the original shipper or owner, and \r\nit is expedient that such rights sho uld pass with the property; And whereas it frequently happens that \r\nthe goods in respect of which bills of lading purport to be signed have not been laden on board, and it \r\nis proper that such bills of lading in the hands of a bona fide holder for value shou ld not be \r\nquestioned by the master or other person signing the same, on the ground of the goods not having \r\nbeen laden as aforesaid; It is enacted as follows:- \r\n 1. Rights under bills of lading to vest in consignee or endorsee.  Every consignee of goods \r\nnamed in a bill of lading, and every endorsee of a bill of lading to whom the property in the goods \r\ntherein mentioned shall pass, upon or by reason of such consign ment or endorsement shall have \r\ntransferred to and vested in him all rights of suit, and be subje ct to the same liabilities in respect of \r\nsuch goods as if the contract contained in the bill of lading had been made with himself. \r\n 2. Not to affect right of stoppage in transitu or claims for freight.  Nothing herein \r\ncontained shall prejudice or affect any  right of stoppage in transitu3, or any right to claim freight \r\nagainst the original shipper or owner, or any liability of the consignee or en dorsee by reason or in \r\nconsequence of his being such consignee or endorsee, or of his receipt of the goods by reas on or in \r\nconsequence of such consignment or endorsement. \r\n 3. Bill of lading in hands of consignee, etc., conclusive evidence of the shipment as \r\nagainst master, etc.  Every bill of lading in the hands of a consignee or endorsee for valuable \r\nconsideration, re presenting goods to have been shipped on board a vessel shall be conclusive \r\nevidence of such shipment as against the master or other person signing the same, notwithstand ing \r\nthat such goods or some part thereof may not have been so shipped, unless such ho lder of the bill of \r\nlading shall have had actual notice at the time of receiving the same that the goods had not in fact \r\nbeen laden on board: \r\n Provided that the master or other person so signing may exo nerate himself, in respect of such \r\nmisrepresentation, by showing that it was caused without any default on his part, and wholly by the \r\nfraud of the shipper or of the holder, or some person under whom the holder claims. \r\n________ \r\nDate: 13-09-2024 \r\nlShort title given by the Short Titles Act, 1897 (14 of 1897). \r\nThis Act is based on the Bills of Lading Act, 1855 (18 &19 Vict., c.111).  \r\nIt has been declared to be in force in all the Provinces and the Capital of the Federation except the Scheduled Districts, by  the Laws Local Extent Act, \r\n1874 (15 of 1874), s. 3. \r\nIt has been declared, by notification under s. 3(a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in the foll owing Scheduled Districts \r\nnamely:__ \r\nSind    ..    ..    ...  See Gazette of India, 1880, Pt. I., p. 672. \r\n 2The word “Indian” rep. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 3 and II Sch. \r\n3As to stoppage in transit, see the Contract Act, 1872 (9 of 1872), ss. 99-106.",
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