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6 L. Q. Rev. 289 (1890)
On Some Defects in the Bills of Lading Act 1855

handle is hein.journals/lqr6 and id is 301 raw text is: ON SOME DEFECTS IN THE BILLS OF LADING ACT, 1855. T HE Statute 18 4 19 Vict. c. i i, known as the Bills of Lading Act, 1855, after reciting that 'by the custom' of merchants a bill of lading of goods, being transferable by indorsement, the property in the goods may thereby pass to the indorsee, but never- theless all rights in respect of the contract contained in the bill of lading continue in the original shipper or owner, and it is ex- pedient that such rights should pass with the property,' enacts as follows:- '(i) Every consignee of goods named in a bill of lading, and every indorsee of a bill of lading to whom the property in the goods therein mentioned shall pass, upon or by reason of such consignment or indorsement, 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. '(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 in- dorsee, by reason or in consequence of his being such consignee or indorsee, or of his receipt of the goods by reason or in conse- quence of such consignment or indorsement. _-(3) Every bill of lading in the hands of a consignee or indorsee 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, notwith- standing 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 misropresentation 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.' The objects of this Act were :-(i) To give the holders of a bill of lading the right to enforce the contract shown by that docu- ment, without reference to the shipper, at the same time putting on him the shipper's obligations under the contract; and (2), To enable consignees and indorsees to rely on the statement in the

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