67. Where the owner of any goods imported in any ship from foreign Power to shipparts into the United Kingdom fails to make entry thereof, or having owner to enter made entry thereof to land the same or take delivery thereof (d), and to and land goods proceed therewith with all convenient speed, by the times severally herein- in default of after mentioned, the shipowner may make entry of and land or unship landing by the said goods at the times, in the manner, and subject to the conditions owner of following; (that is to say,) goods.

(1.) If a time for the delivery of the goods is expressed in the charter party, bill of lading, or agreement, then at any time after the time so expressed:

(2.) If no time for the delivery of the goods is expressed in the charter
party, bill of lading, or agreement, then at at any time after the
expiration of seventy-two hours, exclusive of a Sunday or holiday,
after the report of the ship:

(3.) If any wharf or warehouse is named in the charter party, bill of
lading, or agreement, as the wharf or warehouse where the goods
are to be placed, and if they can be conveniently there received, the
shipowner in landing them by virtue of this enactment shall cause
them to be placed on such wharf or in such warehouse:
(4.) In other cases the shipowner in landing goods by virtue of this
enactment shall place them in or or on some wharf or warehouse
on or in which goods of a like nature are usually placed; such
wharf or warehouse being, if the goods are dutiable, a wharf or
warehouse duly approved by the commissioners of customs for the
landing of dutiable goods.

(5.) If at any time before the goods are landed or unshipped the owner
of the goods is ready and offers to land or take delivery of the same,
he shall be allowed so to do, and his entry shall in such case be
preferred to any entry which may have been made by the ship-
owner (e):

(6.) If any goods are, for the purpose of convenience in assorting the same, landed at the wharf where the ship is discharged, and the owner of the goods at the time of such landing has made entry and is ready and offers to take delivery thereof, and to convey the same to some other wharf or warehouse, such goods shall be assorted at landing, and shall, if demanded, be delivered to the owner thereof within twenty-four hours after assortment; and the expense of and consequent on such landing and assortment shall be borne by the shipowner:

(7.) If at any time before the goods are landed or unshipped the owner thereof has made entry for the landing and warehousing thereof at any particular wharf or warehouse other 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 twentyfour hours' notice 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.

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 (ƒ),

(d) See The Energie, L. R., 6P. C. 306. (e) See Wilson v. London, Italian and Adriatic Steam Navigation Co., L. R., 1 C. P. 61.

(f) See Beresford v. Montgomerie, 17
C. B., N. S. 379; 34 L. J., C. P. 41;
Mors-Le-Blanch v. Wilson, L. R., S
C. P. 227.

entry and

X

If, when goods are landed, the shipowner give

notice for that purpose, the fien for freight is to continue.

Lien to be discharged on proof of payment.

Lien to be dis

charged on deposit with warehouse

owner.

Warehouse owner may at the end of 15 days, if no

notice is given, pay deposit to shipowner.

Course to be

taken if notice given.

to retain is

After 90 days warehouse owner may sell goods by public auction.

Notices of sale to be given.

the 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 (h) as hereinafter mentioned, and shall, if he fail so to do, make good to the shipowner any loss thereby occasioned to him.

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 apprize 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 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.

73. If the lien is not discharged, and no deposit is made as herein before mentioned, the wharf or warehouse owner may, and, if required 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 give

(h) See The Energie, 6 L. R., P. C. 306.

notice thereof by advertisement in two 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 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 excise duties owing in respect thereof:

2. In payment of the expenses of the sale:

3. In the absence of any agreement between the wharf or warehouse owner and the shipowner concerning the priority of their respective charges, in payment of the rent, rates, and other charges due to the wharf or warehouse owner in respect of the said goods:

4. In payment of the amount claimed by the shipowner as due for freight or other charges in respect of the said goods:

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 warehouse Warehouse owner under the authority of this act, the said wharf or warehouse owner owner's rent shall be entitled to rent in respect of the same, and shall also have power and expenses. 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 warehouse Warehouse owner to take charge of any goods which he would not be liable to take owner's procharge of if this act had not passed; nor shall he be bound to see to the tection. validity of any lien claimed by any shipowner under this act.

78. Nothing in this act contained shall take away or abridge any Saving powers powers given by any local act to any harbour trust, body corporate, or under local persons whereby they are enabled to expedite the discharge of ships or acts. 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.

TABLE (C.) (See Section 25.)

REGULATIONS FOR PREVENTING COLLISIONS AT SEA (k).

26 VICT. C. 24.

An Act to facilitate the Appointment of Vice Admirals and of Officers in Vice Admiralty Courts in her Majesty's Possessions abroad, and to confirm the past Proceedings, to extend the Jurisdiction, and to amend the Practice of those Courts (1). [8th June, 1863.]

WHEREAS it is expedient to facilitate the appointment of vice admirals and of officers in Vice Admiralty Courts in her Majesty's possessions abroad, and to confirm the past proceedings, to extend the jurisdiction, and to amend the practice of those Courts: be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present parliament assembled, and by the authority of the same as follows:

1. This act may be cited for all purposes as the "Vice Admiralty Courts Short title. Act, 1863."

2. In the interpretation and for the purposes of this act (if not incon- Interpretation sistent with the context or subject matter) the following terms shall have of terms. the respective meanings hereinafter assigned to them; that is to say,

Her Majesty" shall mean her Majesty, her heirs and successors: The "Admiralty" shall mean the lord high admiral or the commissioners for executing his office:

"British possession" shall mean any colony, plantation, settlement, island, or territory being a part of her Majesty's dominions, but not being within the limits of the United Kingdom of Great Britain and Ireland, or of her Majesty's possessions in India:

"Governor" shall mean the officer for the time being lawfully adminis-
tering the government of any British possession:

"Vice Admiralty Court" shall mean any of the existing Vice Admiralty
Courts enumerated in the schedule marked (A.) hereto annexed, or any
Vice Admiralty Court which shall hereafter be established in any
British possession:

Ship" shall include every description of vessel used in navigation not
propelled by oars only, whether British or foreign :

"Cause" shall include any cause, suit, action or other proceeding insti

tuted in any Vice Admiralty Court.

3. In any British possession, where the office of vice admiral is now or Appointment shall at any time hereafter become vacant, the governor of such possession of vice adshall be ex officio vice admiral thereof, until a notification is received in the miral. possession that a formal appointment to that office has been made by the admiralty in the manner hereinafter mentioned.

4. In any British possession, where the office of judge of a Vice Admi- Appointment ralty Court is now or shall at any time hereafter become vacant, the chief of judge. justice, or the principal judicial officer of such possession, or the person for the time being lawfully authorized to act as such, shall be ex officio judge of the Vice Admiralty Court, until a notification is received in the possession that a formal appointment to that office has been made by the admiralty in the manner hereinafter mentioned.

5. In any British possession, where the office of registrar or marshal of Appointment any Vice Admiralty Court is now or shall at any time hereafter become of registrar vacant, the judge of the Court may, with the approval of the governor, and marshal. appoint some person to the vacant office, until a notification is received in

(1) See the Vice Admiralty Courts Act Amendment Act, 1867 (30 & 31 Vict. c. 45). See also the Kidnapping

Act, 1872 (35 & 36 Vict. c. 19), s. 18,
and the Pacific Islanders Protection
Act, 1875 (38 & 39 Vict. c. 51), s. 4.