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BILLS OF LADING ACT 1855 - SECT 3

Bill of lading in hands of consignee, &c. conclusive evidence of shipment as against master, &c.

3. 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, 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 the holder claims.

© 1855 Crown Copyright

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