Full text: Neues Archiv für Handelsrecht (Bd. 2 (1860))

6. Das neue englische Connofsements-Gesetz.

121

An Act to amend tbe Law relaling to Bills of
La ding 18 & 19 Viel. c. 111.
Whereas by the custom of merchanls, a bill of lading
of goods being transferable by endorsement, the pro per ly
in the goods may therebv 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
wilh the property: And whereas 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: Be it
therefore enacted by the Queen’s most excellent Majesty,
by and with the advice and consent of the lords spiritual
and temporal, and commons, in this present parüament
assembled, and by the authorily of the same, as follows:
1) Every consignee of goods named in a bill of lading,
and every endorsee of a bill of lading to whom the pro-
perty in the goods therein mentioned shall pass, upon or
by reason of such consignment or endorsement, 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 wilh himself.
2) Nothing herein contained shall prejudice or affecl
any right of stoppage in transitq, or any right to claim
freight against the original shipper or owner, or any
liability of the consignee or endorsee by reason or in
consequence of his being such consignee or endorsee, or
of bis receipt of the goods by reason or in consequence
of such consignment or endorsement.
3) Every bill of lading in the hands of a consignee
or endorsee for valuable consideration representing goods

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