BILLS OF LADING.

Dominion, Volume 5, Issue 1511, 6 August 1912, Page 5

BILLS OF LADING.

as poors -.Qf shipment. , At last month's meeting of the Council of the Q'han\ber of Commerce Sir. Leigh Hunt brought forward a matter concern-. IWf i) hill .of -inding on some chaff alleged to have been shipped at. Pictoii for Wellington not being recognised by the Court as evidence that such goods were shipped. Tho magistrate. had stated that "in this case it appears to .ma that the question to be determined is ono of pure fact," and lis decided that the 125 sacks of chaff in new sacks marked "H" were not ir\ fapt delivered to the Penguin. Tho shipping companies, had brought evidence to prove that thoV ohaff was not on board, wfiicli evidence was apparently accepted by the magistrate. The statute dealing with the matter is the Mercantile Law Act, 1908, Sections and 18. Clause 15 states that ''every bill of lading in the hands of n consignee" or indorsee for valuable consideration, representing goods to havo been shipped on.boarll a vessel, shall bo conclusive evidence of such shipment as against tho master orother person signing the same, notwithstanding that such goods or some part thereof may not have been shipped, unless such holder of the bill of lading; has had actual notico at the time of receiving the same that the foods were not in fact laden on board." Clause' IS provides that "the master or. other person signing anv bill of lading may exonerato himself in reppcct of such misrepresentation bv showing that it was caused without any default on his part, and wholly by the fraud of tlie shipper or the holder, or some person under whom the holder claims." Jtr. M. Myers expressed - the opinion that Sir, Leigh Hunt -was not correct if the report of his statements were true, and he was likewise erroneous in saying that all shipping companies, had to do when goods went astray was to Taise a_ doubt as to whether they had boon shipped. Ho felt bound to say that he did not "see that there was sufficient justification for a request that the law should be altered. Mr. Biss moved and It was resolved:— "That iii view of the information submitted and tho opinion of Mr. Mvers (a moinber of tho Legislative Committee of .ho Chamber of Commorce) this council noes not deem it necessary to take any further action." >