A Treatise on the Law of Bills of Lading: Comprising the Various Legal Incidents Attaching to the Bill of Lading; the Legal Effects of Each of the Clauses and Stipulations; and the Rights and Liabilities of Consignors, Consignees, Indorsees, and Vendees, Under the Bill of Lading. With an Appendix, Containing Forms of Bills of Lading Chiefly Used in the United Kingdom, Continental, Mediterranean, Trans-Atlantic, African, Asiatic, Colonial, West Indian, and Other Important Trades

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Stevens & Sons, 1880 - 472 páginas
 

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Página 72 - 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...
Página 360 - Wales in any ship, for damage done to the goods or any part thereof by the negligence or misconduct of or for any breach of duty or breach of contract on the part of the owner, master, or crew of the ship, unless it is shown to the satisfaction of the Court that at the time of the institution of the cause any owner or part owner of the ship is domiciled in England or Wales...
Página 112 - London, (the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto order or to assigns, he or they paying freight for the said goods at 51.
Página 372 - ... 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 been in fact 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...
Página 374 - 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 indorsee by reason or in consequence of his being such consignee or indorsee, or of his receipt of the goods by reason or in consequence of such consignment or indorsement.
Página 210 - Lastly, it may have been the fault of the ship which ran the other down ; and in this case the injured party would be entitled to an entire compensation from the other.
Página 373 - 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 it is expedient that such Rights should pass with the Property...
Página 47 - ... 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: 1.
Página 214 - Be answerable in Damages to an Extent beyond the Value of his Ship and the Freight due or to grow due in respect of such Ship during the Voyage which at the Time of the happening of any such Events as aforesaid is in prosecution or contracted for...
Página 302 - No jettison of deck cargo shall be made good as general average. Every structure not built in with the frame of the vessel shall be considered to be a part of the deck of the vessel.

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