Bill of Lading, a memorandum signed by masters of ships, in their capacity of carriers, acknowledging the receipt of merchants' goods, of which there are usually three parts-one kept by the consignor, one sent to the consignee, and one preserved by the master. It is the evidence of the title to the goods shipped; and by its endorsement and delivery, the transfer of the property in the goods specified therein is generally effected. By the Bills of Lading Act, 1855, the rights of suit under a bill of lading vest in the consignee or endorsee (as if the contract contained in the bill of lading had been made with himself) without prejudice to any right of stoppage in transitu or to freight. See (English) Carriage of Goods by Sea Act, 1924 (14 & 15 Geo. 5, c. 22), and Carver on Carriage by Sea.
A bill of lading is 'a writing, signed on behalf of the owner of the ship in which goods are embarked, acknowledging the receipt of the goods, and undertaking to deliver them at the end of the voyage subject to such conditions as may be mentioned in the bill of lading'. It is well settled in commercial world that a bill of lading represents the goods and the transfer of it operates as a transfer of the goods, J.V. Gokal & Co. Pvt. Ltd. v. Assistant Collector, Sales Tax, (1960) 2 SCR 852: AIR 1960 SC 595.
Includes a 'through bill lading', but does not include a mate's receipt. [Indian Stamp Act, 1899 (2 of 1899), s. 2 (4)]
See also Ellerman and Brcknall Steamship Co. Ltd. v. Sho Misrimal Bharaji, AIR 1966 SC 1892 (1896): 1966 Supp SCR 92. [Carriage of Goods by Sea Act (26 of 1925)]
Bill of Lading, is presumed to be an order document unless it is stated, by a recta clause, but the bill is not to order, Machillianms Inc v. Mediterrknian Shipping, S.A., (2005) 2 LR 423 (AC): (2005) UKHL 11.
Bill of lading, is a receipt for the goods, a document of title to them and evidence of the contract. It is signed by or on behalf of the shipowner and given to the shipper. A 'through Bill of Lading, relates to a contract for the carriage of goods in separate stages by more than one ship or by more than one form of transport. Halsbury's Laws of England, Vol. 5(1), 4th Edn., Para 414, p. 322.
Bill of lading, is a document of title acknowledging the receipt of goods by a carrier or by the shipper's agent; a document that indicates the receipt of goods for shipment and that is issued by a person engaged in the business of transporting or forwarding goods, Black Law Dictionary, 7th Edn., p. 59.
Bill of lading, may be regarded in three several aspects (1) it is a receipt given by the master of a ship acknowledging that the goods specified in the bill have been put on board. (2) it is the document that contains the terms of the contract for the carriage of the goods agreed upon between the shipper of goods and the ship owner (whose agent is the master of ship); and (3) it is a 'document of title', to the goods, of which it is the symbol. It is by means of this document of title that the goods themselves may be dealt with by the owner of them while they are still onboard ship and upon high seas, William R. Anson, Principles of the Law of Contract, 380 (Arthur L. Corbin Edn. 3rd Am ed 1919).
View Judgments Citing this Phrase View Acts Citing this Phrase