the said balance or sum, or otherwise for the settlement of any disputes which may have arisen between them concerning the freight or other charges (g) as aforesaid, and notice in writing of those proceedings has been served on the wharfinger (h) or warehouseman (h), the wharfinger or warehouseman shall pay the balance or sum to the owner (h) of the goods. (4.) A wharfinger (h) or warehouseman (h) shall by any payment under this section be discharged from all liability in respect thereof. ware 1862, 88. 73, 74. 497-(1.) If the lien is not discharged, and no deposit Sale of is made as aforesaid (i), the wharfinger (h) or warehouse- goods by man (h) may, and, if required by the shipowner (h), shall, housemen. at the expiration of ninety days from the time when the goods (h) were placed in his custody, or, if the goods are of a perishable nature, at such earlier period as in his discretion he thinks fit, sell by public auction, either for home use or for exportation, the goods or so much thereof as may be necessary to satisfy the charges herein-after mentioned (k). (2.) Before making the sale the wharfinger (h) or warehouseman (h) shall give notice thereof by advertisement in two local newspapers circulating in the neighbourhood, or in one daily newspaper published in London, and in one local newspaper, and also, if the address of the owner (h) 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 wharfinger or warehouseman, or is otherwise known to him, send notice of the sale to the owner (h) of the goods by post. (3.) The title of a bonâ fide purchaser of the goods (h) shall not be invalidated by reason of the omission to send the notice required by this section (1), nor shall any purchaser be bound to inquire whether the notice has been sent. 498. The proceeds of sale (m) shall be applied by the Applica tion of proceeds wharfinger (n) or warehouseman () as follows, and in the 1862, s. 75. following order: of sale. Ware man's rent (i.) First, if the goods (n) are sold for home use, in pay- (ii.) In payment of the expenses of the sale (o); then (a.) in payment of the rent, rates, and other charges (b.) in payment of the amount claimed by the shipowner (n) as due for freight or other charges (p) in respect of the said goods; and the surplus, if any, shall be paid to the owner (n) of the goods. 499. Whenever any goods (n) are placed in the custody house- of a wharfinger (n) or warehouseman (n), under the authority of this Part of this Act (q), the wharfinger or warehouseman 1862, s. 76, shall be entitled to rent in respect of the same, and shall and ex penses. Warehouse s. man's protection. 1862, s. 77. Saving for powers also have power, at the expense of the owner (n) of the goods, to do all such reasonable acts as in the judgment of the wharfinger or warehouseman are necessary for the proper custody and preservation of the goods (n), and shall have a lien on the goods for the rent and expenses. 500. Nothing in this Part of this Act shall compel any wharfinger (n) or warehouseman (n) to take charge of any goods (n) which he would not have been liable to take charge of if this Act had not been passed; nor shall he be bound to see to the validity of any lien claimed by any shipowner under this Part of this Act (p). 501. Nothing in this Part of this Act shall take away or () Defined, § 192. (0) § 497, s. 1. (p) See note (z) to § 194. local Acts. abridge any powers given by any local Act to any harbour under authority (), body corporate, or persons, whereby they are 1862, s. 78. enabled to expedite the discharge of ships (r) or the landing or delivery of goods (s); nor shall anything in this Part of this Act take away or diminish any rights or remedies given to any shipowner (s) or wharfinger (s) or warehouseman (s) by any local Act. (r) Defined, § 742. (s) Defined, § 492. PART VIII. 1854 17 & 18 Vict. c. 104. 1862 25 & 26 Vict. c. 63. = Int. Act, 1889 Interpretation Act, 1889 (52 & 53 Vict. c. 63); see Appendix. Marginal references are to the sections reproduced. Section. ARRANGEMENT OF SECTIONS. LIABILITY OF SHIPOWNERS. 502. Limitation of shipowner's liability in certain cases of loss of, or damage to, goods (p. 392). 503. 504. Limitation of owner's liability in certain cases of loss of life, injury, or damage (p. 393). Power of courts to consolidate claims against owners, &c. (p. 396). 505. Part owners to account in respect of damages (p. 396). 506. Insurances of certain risks not invalid (p. 396). 507. Proof of passengers on board ship (p. 397). 508. Liability in certain cases not affected (p. 397). 509. Extent of Part VIII. (p. 397). |