BILLS OF LADING

Evening Star, Issue 17959, 4 May 1922, Page 4

BILLS OF LADING

THE PILLAGE ISSUE/ A K.C.’s OPINION. An interesting address by Mr Saul Solomon, K.C., oil ‘Law and Practice’—tho first of a series to the N.Z. Society of Accountants —was delivered on Tuesday evening. Particularly interesting was his reference to bills of lading. A bill of lading (ho said) is a. document given by an owner of a vessel acknowledging tho receipt- of cargo and an agreement to carry that cargo from one port to another. A clean hill of lading is evidence that there is nothing on tho outside of the case to suggest that tho cargo is not in good order and condition when shipped. If when tho goods arrive tho case is not apparently injured, but the contents are damaged, it is the importer on whom lies the onus of proving that the damage happened on the voyage. If, on tho other hand, tho case on arrival shows an injury, something must have happened on tho voyage, and the onus in this case, therefore, -lies on tho ship owner to prove that the goods wore not damaged on tho voyage. Tho speaker then showed what seemed to him an unfair state of tho law in respect of pillage. The onus at present lies on the importer, when goods are proved to be short In cargo, to prove that the goods were in tho case when shipped. It is, however, quite apparent that this is practically impossible, and Mr Solomon stated that he was at present making an effort to 1 ia.vo this haw amended so that production of original invoices shall be prima facie evidence that the goods wore in the case at the lime of shipment.