The Indian Bills of Lading Act 1856
# THE INDIAN BILLS OF LADING ACT, 1856
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 ARRANGEMENT OF SECTIONS
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Preamble
SECTIONS

1. Rights under bills of lading to vest in consignee or endorsee.
2. Not to affect right of stoppage in transitu or claims for freight.
3. Bill of lading in hands of consignee, etc., conclusive evidence of the shipment as

against master, etc.

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1THE INDIAN BILLS OF LADING ACT, 1856

# ACT NO. 9 OF 1856

 An Act to amend the Law relating to Bills of Lading.



[11th April, 1856.]


**Preamble.—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; 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: It is enacted as follows:—

**1. Rights under bills of lading to vest in consignee or endorsee.—Every consignee**

of goods named in a bill of lading, and every endorsee of a bill of lading to whom the
property 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 with himself.

**2. Not to affect right of stoppage** _in transitu_ **or claims for freight.—Nothing** herein

contained shall prejudice or affect any right of stoppage _in transit,_ _[2] 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 his receipt of the
goods by reason or in consequence of such consignment or endorsement.

**3. Bill of lading in hands of consignee, etc., conclusive evidence of the shipment as**

**against master, etc.—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 good 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 in fact been 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.

1. Short title given by the Indian Short Titles Act, 1897 (14 of 1897), s. 2 and Sch.

This Act is based on the Bills of Lading Act, 1855 (18 and 19 Vict., c. 111).

It has been declared to be in force in the whole of India except Part B States and the Scheduled Districts, by the Laws Local

Extent Act, 1874 (15 of 1874), s. 3.
Extended to former Part B States by Act 18 of 1949, s. 4.
Extended to Union territory of Pondicherry by Act 26 of 1968, s. 3 and Sch.

It has been declared, by notification under s. 3(a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in the

following Scheduled Districts, namely :—
West Jalpaiguri, see Gazette of India, 1881, Pt. I, p. 74.

The Districts of Hazaribagh, Lohardaga (now the Ranchi district, see Calcutta Gazette, 1899, Pt. I, p. 44), and Manbhum, and

Pargana Dhalbhum and the Kolhan in the District of Singhbhurn, see Gazette of India, 1881, Pt. I, p. 504.
Assam (except the North Lushai Hills), see Gazette of India, 1897, Pt. I, p. 299.

2. As to stoppage in transit, see the Indian Contract Act, 1872 (9 of 1872), ss. 99-106.

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