If, when goods are landed, the shipowner that purpose, the lien for freight is to continue. than that at which the ship is discharging, and has offered and been ready to take delivery thereof, and the shipowner has failed to make such delivery and has also failed at the time of such offer to give the owner of the goods correct information of the time at which such goods can be delivered, then the shipowner shall, before landing or unshipping such goods under the power hereby given to him, give to the owner of the goods or of such wharf or warehouse as last aforesaid twenty-four hours' notice(h) in writing of his readiness to deliver the goods, and shall, if he lands or unships the same without such notice, do so at his own risk and expense.(i) 68. If at the time when any goods are landed from any ship, and placed in the custody of any person, as a wharf or warehouse owner, the give notice for shipowner gives to the wharf or warehouse owner notice in writing that the goods are to remain subject to a lien for freight or other charges payable to the shipowner to an amount to be mentioned () in such notice, the goods so landed shall, in the hands of the wharf or warehouse owner, continue liable to the same lien, if any, for such charges as they were subject to before the landing thereof; and the wharf or warehouse owner receiving such goods shall retain them until the lien is discharged as hereinafter mentioned, and shall, if he fail so to do, make good to the shipowner any loss thereby occasioned to him. Lien to be discharged on proof of pay inent. Lien to be discharged on deposit with warehouse owner. Warehouse owner may at the end of 15 days, if no notice be given, pay deposit to shipowner. Course to be taken if notice to retain is given. 69. Upon the production to the wharf or warehouse owner of a receipt for the amount claimed as due, and delivery to the wharf or warehouse owner of a copy thereof or of a release of freight from the shipowner, the said lien shall be discharged.() 70. The owner of the goods may deposit with the wharf or warehouse owner a sum of money equal in amount to the sum so claimed as aforesaid by the shipowner, and thereupon the lien shall be discharged, but without prejudice to any other remedy which the shipowner may have for the recovery of the freight. 71. If such deposit as aforesaid is made with the wharf or warehouse owner, and the person making the same does not within fifteen days after making it give to the wharf or warehouse owner notice in writing to retain it, stating in such notice the sum, if any, which he admits to be payable to the shipowner, or, as the case may be, that he does not admit any sum to be so payable, the wharf or warehouse owner may, at the expiration of such fifteen days, pay the sum so deposited over to the shipowner, and shall by such payment be discharged from all liability in respect thereof. 72. If such deposit as aforesaid is made with the wharf or warehouse owner, and the person making the same does within fifteen days after making it give to the wharf or warehouse owner such notice in writing as aforesaid, the wharf or warehouse owner shall immediately apprise the shipowner of such notice, and shall pay or tender to him out of the sum deposited, the sum, if any, admitted by such notice to be payable, and shall retain the remainder or balance, or, if no sum is admitted to (i) The provisions of this section may be overridden by the contract of carriage; see as to sub-s. 6 and 7, Oliver v. Colven, 27 W. R. 822; Borrowman v. Wilson, 7 T. L. R. 416. (k) Where the amount mentioned is "manifestly and grossly in excess of that for which the master can bona fide claim a lien," this will be tantamount to a wrongful detention of the goods, and will constitute a cause of action against the master and his owners; The Energie, L. R. 6 P. C. 306, 317. () As to the preservation of liens on goods warehoused otherwise than under this Act, see § 313 sup. be payable, the whole of the sum deposited, for thirty days from the date of the said notice; and at the expiration of such thirty days, unless legal proceedings have in the meantime been instituted by the shipowner against the owner of the goods to recover the said balance or sum or otherwise for the settlement of any disputes which may have arisen between them concerning such freight or other charges as aforesaid, and notice in writing of such proceedings has been served on him, the wharf or warehouse owner shall pay the said balance or sum over to the owner of the goods, and shall by such payment be discharged from all liability in respect thereof. owner may sell goods by public auction. 73. If the lien is not discharged, and no deposit is made as herein- After 90 days before mentioned, the wharf or warehouse owner may, and, if required warehouse by the shipowner, shall at the expiration of ninety days from the time when the goods were placed in his custody, or, if the goods are of a perishable nature, at such earlier period as he in his discretion thinks fit, sell by public auction, either for home use or exportation, the said goods or so much thereof as may be necessary to satisfy the charges hereinafter mentioned. 74. Before making such sale the wharf or warehouse owner shall Notices of sale give notice thereof by advertisement in two newspapers circulating in to be given. the neighbourhood, or in one daily newspaper published in London and in one local newspaper, and also, if the address of the owner of the goods has been stated on the manifest of the cargo, or on any of the documents which have come into the possession of the wharf or warehouse owner, or is otherwise known to him, give notice of the sale to the owner of the goods by letter sent by the post; but the title of a bona fide purchaser of such goods shall not be invalidated by reason of the omission to send notice as herein before mentioned, nor shall any such purchaser be bound to inquire whether such notice has been sent. 75. In every case of any such sale as aforesaid the wharf or warehouse owner shall apply the monies received from the sale as follows, and in the following order: 1. If the goods are sold for home use in payment of any customs or 2. In payment of the expenses of the sale: 4. In payment of the amount claimed by the shipowner as due for 5. But in case of any agreement between the wharf or warehouse owner and the shipowner concerning the priority of their respective charges, then such charges shall have priority according to the terms of such agreement; and the surplus, if any, shall be paid to the owner of the goods. Monies arising from sale, how to be applied. 76. Whenever goods are placed in the custody of a wharf or ware- Warehouse house owner under the authority of this Act, the said wharf or ware- owner's rent house owner shall be entitled to rent in respect of the same, and shall and expenses. also have power from time to time, at the expense of the owner of the goods, to do all such reasonable acts as in the judgment of the said wharf or warehouse owner are necessary for the proper custody and preservation of the said goods, and shall have a lien on the said goods for the said rent and expenses. 77. Nothing in this Act contained shall compel any wharf or ware Warehouse owner's protection. Saving powers under Local Acts. house owner to take charge of any goods which he would not be liable to take charge of if this Act had not passed; nor shall he be bound to see to the validity of any lien claimed by any shipowner under this Act. 78. Nothing in this Act contained shall take away or abridge any powers given by any local Act to any harbour trust, body corporate, or persons whereby they are enabled to expedite the discharge of ships or the landing or delivery of goods; nor shall anything in this Act contained take away or diminish any rights or remedies given to any shipowner or wharf or warehouse owner by any local Act. It is What it is. § 329. THE bill of lading is a very ancient document. in general use among all commercial nations, and is much the same in its form and provisions in various countries. (a) It is By whom generally signed by the master, but in some ports it is not unsigned. usual for the bill of lading to be signed and delivered by a clerk in the office of the owners or agents of the said ship.(b) It has no force until it is delivered, although it has been signed.(c) When signed by the master it is an acknowledgment under his hand that he has received the goods described in it, and that he undertakes to deliver them at the port, to the person or persons indicated, and upon the terms named therein.(d) And in such a case, unless the shipper is also charterer of the ship (in which case the contract is to be found in the charter-party), it is the evidence of the contract entered into by the master and owners with the shipper respecting the carriage of the goods mentioned therein.(e) (a) 1 Parsons on Shipping, 184. (b) 1 Parsons, 185; Stumore v. Breen, 12 Ap. Ca. at p. 702; Jessel v. Bath, L. R. 2 Ex. 267. (c) 1 Parsons, 187. (d) See per Buller, J., Caldwell v. Ball, 1 T. R. 205, 215. (e) In the case of a ship put up by charterers as a general ship, it may be evidence of a contract between them and Form and contents. To whom consigned. "Assigns." The following is an example of a bill of lading in a simple form : Shipped (f) in good order and well-conditioned by (name of merchant), in and upon the good ship (g) called (name of ship), whereof (name of master) is master for this present voyage, and now riding at anchor in the (name of port), and bound to (name of place of destination), (description of cargo), being marked and numbered as in the margin, and are to be delivered in the like good order and well-conditioned at the aforesaid port (name of place of destination), (the act of God, the Queen's Enemies, Fire and all and every other Dangers and Accidents of the Seas, Rivers, and Navigation of whatever nature and kind soever excepted), unto (name of consignee) or to his Assigns, he or they paying Freight for the said Goods at the rate of with primage and average accustomed. In witness whereof the Master or Purser of the said Ship hath affirmed to (number of parts of bill) Bills of Lading, all of this tenor and date, one of which (number of parts) Bills being accomplished, the others to stand void. the day of Dated at 189 Upon the foregoing form numerous modifications and variations have been engrafted to suit the needs of modern commerce.(h) The tendency of these is almost uniformly in the direction of relieving the shipowner from liability for failure to deliver the cargo in accordance with his undertaking; for example by giving a wide liberty of deviation, (i) and by enlarging the list of excepted perils.(k) A clause providing for payment of general average according to York-Antwerp rules is also commonly inserted.(kk) "assigns." The bill of lading usually contains the word Sometimes it is drawn making the goods deliverable to consignor by name, or assigns; sometimes to order or assigns, without naming any person; sometimes by name to the person who is to receive the goods at the port of destination, or assigns; and occasionally to a named consignee without mention of assigns. Sometimes no person is named as consignee, but the terms of the bill of lading are, "To be delivered, &c., unto order, or assigns," which words and blanks are generally understood the shipper; see § 356 infra. But where (f) Timber floated alongside is not however, as to this case, Lishman v. Christie, 19 Q. B. D. 333.) 66 (g) Description as steamship," involves duty to use steam as the chief motive power; Fraser v. Telegraph, d'e,, Co., L. R. 7 Q. B. 566. (h) Some of the principal modern forms of bill of lading are set out by Mr. Carver (Carriage by Sea) in his Appendix A. (i) See § 177 8upra. (k) Infra §§ 357-369. (kk) See The Brigella, 9 T. L. R. 399. |