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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accidents according action agent amount appears arising arrival authority average bill of lading bound called captain cargo carried carrier caused charter-party charterers circumstances claim clause common Company condition consequence considered consignee contained contents contract course Court crew custom damage dangerous deck defendants delivered delivery destination discharge duty East effect entitled evidence exception expense express fire freight give held holder indorsement injury L. J. Ex land liable liberty lien loading London loss lost margin marked master means merchant nature navigation negligence notice numbered occasioned owner packages paid parties payment perils person plaintiffs port present question reason receipt received recover Reports respect responsible risk rule safe sail ship ship's shipowner shipper signed Steam Steamer stipulated stowed taken thereof trade transhipment unless usual vessel voyage weight
Page 72 - Viet. c. 111. 8. 3, which enacts, that " 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, notwithstanding that such goods, or some part thereof, may not have been so shipped...
Page 209 - 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.
Page 364 - 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.
Page 200 - Thirdly, it may happen by the misconduct of the suffering party only ; and then the rule is, that the sufferer must bear his own burden. 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.
Page 365 - ... 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.
Page 364 - ... 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.
Page 47 - 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 bond 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...
Page 204 - 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...
Page 292 - 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.
Page 127 - For, it has been held, if the damage has proceeded from an intrinsic principle of decay naturally inherent in the commodity itself, whether active in every situation, or only in the confinement and closeness of the ship, the merchant must bear the loss as well as pay the freight...