APPENDIX. STATUTES. BILLS OF LADING ACT (18 & 19 VICT. c. 111). An Act to amend the Law relating to Bills of Lading. [14th August, 1855.] 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 : 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 Parliament assembled, and by the Authority of the same, as follows: I. Every Consignee of Goods named in a Bill of Lading, and Rights under every Endorsee of a Bill of Lading to whom the Property in bills of lading the Goods therein mentioned shall pass, upon or by reason of to vest in such Consignment or Endorsement, shall have transferred to consignee or endorsee. 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. II. Nothing herein contained shall prejudice or affect any Not to affect Right of Stoppage in transitu, or any Right to claim Freight right of against the original Shipper or Owner, or any Liability of the stoppage in 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. claims for freight. transitu or III. Every Bill of Lading in the Hands of a Consignee or Bill of lading Endorsee for valuable Consideration representing Goods to in hands of have been shipped on board a Vessel shall be conclusive consignee, &c., Evidence of such Shipment as against the Master or other evidence of Person signing the same, notwithstanding that such Goods or the shipment some Part thereof may not have been so shipped, unless such as against master, &c. Proviso. 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. FACTORS ACT, 1889 (52 & 58 VICT. c. 45). Dispositions by Mercantile Agents. Powers of mercantile agent with respect to disposition of goods. Definitions. 2. 3. Effect of pledges of documents of title. 4. Pledge for antecedent debt. 5. Rights acquired by exchange of goods or documents. 6. Agreements through clerks, &c. 7. Provisions as to consignors and consignees. Disposition by Sellers and Buyers of Goods. 8. Disposition by seller remaining in possession. 9. Disposition by buyer obtaining possession. 10. Effect of transfer of documents on vendor's lien or right of stoppage in transitu. An Act to amend and consolidate the Factors Act. [26th August, 1889.] BE it 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 Parliament assembled, and by the authority of the same, as follows: Preliminary. 1. For the purposes of this Act (1) The expression "mercantile agent "shall mean a mercantile agent having in the customary course of his business as such agent authority either to sell goods, or to consign goods for the purpose of sale, or to buy goods, or to raise money on the security of goods : (2) A person shall be deemed to be in possession of goods or of the documents of title to goods, where the goods or documents are in his actual custody or are held by any other person subject to his control or for him or on his behalf : (3) The expression "goods" shall include wares and merchandise : (4) The expression "document of title" shall include any (5) The expression "pledge" shall include any contract Dispositions by Mercantile Agents. : 2.-(1) Where a mercantile agent is, with the consent of the owner, in possession of goods or of the documents of title to goods, any sale, pledge, or other disposition of the goods, made by him when acting in the ordinary course of business of a mercantile agent, shall, subject to the provisions of this Act, be as valid as if he were expressly authorized by the owner of the goods to make the same; provided that the person taking under the disposition acts in good faith, and has not at the time of the disposition notice that the person making the disposition has not authority to make the same. (2) Where a mercantile agent has, with the consent of the owner, been in possession of goods or of the documents of title to goods, any sale, pledge, or other disposition, which would have been valid if the consent had continued, shall be valid notwithstanding the determination of the consent; provided that the person taking under the disposition has not at the time thereof notice that the consent has been determined. (3) Where a mercantile agent has obtained possession of any documents of title to goods by reason of his being or having been, with the consent of the owner, in possession of the goods represented thereby, or of any other documents of title to the goods, his possession of the first-mentioned documents shall, for the purposes of this Act, be deemed to be with the consent of the owner. (4) For the purposes of this Act the consent of the owner shall be presumed in the absence of evidence to the contrary. 3. A pledge of the documents of title to goods shall be deemed to be a pledge of the goods. Powers of mercantile agent with disposition of goods, respect to Effect of pledges of documents Pledge for antecedent debt. Rights acquired by exchange of goods or documents. Agreements through clerks, &c. Provisions as to consignors and consignees. Disposition by seller remaining in possession. Disposition by buyer obtaining possession. 4. Where a mercantile agent pledges goods as security for a debt or liability due from the pledgor to the pledgee before the time of the pledge, the pledgee shall acquire no further right to the goods than could have been enforced by the pledgor at the time of the pledge. 5. The consideration necessary for the validity of a sale, pledge, or other disposition, of goods, in pursuance of this Act, may be either a payment in cash, or the delivery or transfer of other goods, or of a document of title to goods, or of a negotiable security, or any other valuable consideration; but where goods are pledged by a mercantile agent in consideration of the delivery or transfer of other goods, or of a document of title to goods, or of a negotiable security, the pledgee shall acquire no right or interest in the goods so pledged in excess of the value of the goods, documents, or security when so delivered or transferred in exchange. 6. For the purposes of this Act an agreement made with a mercantile agent through a clerk or other person authorized in the ordinary course of business to make contracts of sale or pledge on his hehalf shall be deemed to be an agreement with the agent. 7-(1) Where the owner of goods has given possession of the goods to another person for the purpose of consignment or sale, or has shipped the goods in the name of another person, and the consignee of the goods has not had notice that such person is not the owner of the goods, the consignee shall, in respect of advances made to or for the use of such person, have the same lien on the goods as if such person were the owner of the goods, and may transfer any such lien to another person. (2) Nothing in this section shall limit or affect the validity of any sale, pledge, or disposition, by a mercantile agent. Dispositions by Sellers and Buyers of Goods. 8. Where a person having sold goods, continues, or is, in possession of the goods or of the documents of title to the goods, the delivery or transfer by that person, or by a mercantile agent acting for him, of the goods or documents of title under any sale, pledge, or other disposition thereof, or under any agreement for sale, pledge, or other disposition thereof, to any person receiving the same in good faith and without notice of the previous sale, shall have the same effect as if the person making the delivery or transfer were expressly authorized by the owner of the goods to make the same. 9. Where a person, having bought or agreed to buy goods, obtains, with the consent of the seller, possession of the goods or the documents of title to the goods, the delivery or transfer, by that person or by a mercantile agent acting for him, of the goods or documents of title, under any sale, pledge, or other disposition thereof, or under any agreement for sale, pledge, or other disposition thereof, to any person receiving the same in good faith and without notice of any lien or other right of the 1 |