Customs Ordinance amendment (1869) (WA)
WESTERN AUSTRALIA.
ANNO TRIO I SIMO TERTIO
VICTORLE REGINA,.
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NO. X.
AN ORDINANCE to modify " The Customs Ordinance,
1860."
[ 12th July, 1869. ]
HEREAS it is expedient to modify "The Customs Ordinance, Preamble.
from Ships, and with reference to the Lien for Freight : Be itW1860," and to make provisions for the delivery of Goods
enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legis- lative Council thereof, as follows:—
1 .THE 21st Section of the said Ordinance shall be, and the 24 Vic. 5, s. 21, repealed.
same is hereby, repealed.
| 2 THE following terms used in the Sections of this Ordinance | Interpretation Clause. |
hereinafter contained shall have the respective meanings hereby assigned to them, if not inconsistent with the context or subject- matter ; that is to say:—
33° YICTORIIE, No. 10.
Customs—amendment.
The word " Report" shall mean the report required by the Customs Laws to be made by the Master of any import- ing Ship.
The word "Entry" shall mean the , entry required by the
Customs Laws to be made for the landing or discharge
of Goods from an importing Ship or from a warehouse.
The word "Wharf" shall include all wharves, quays, docks,
| j etties, landing places and premises, in or upon which | any Goods when landed from Ships may be lawfiply |
| placed. |
The word " Warehouse" shall include all warehouses, buildings, and premises in which Goods when landed from any Ships may be lawfully placed; including the Queen's Warehouse.
The expression " Warehouse Owner" shall mean the occu- pier of any warehouse as hereinbefore defined, and also the " Collector or other principal officer."
The word " Shipowner" shall include the Master of the Ship and every other person authorized to act as agent for the owner, or entitled to receive the Freight, demurrage, or other charges payable in respect of such Ship.
The expression " Owner of Goods" shall include every person who is for the time being entitled, either as owner or agent for the owner, to the possession of the Goods, subject in the case of a lien (if any) to such lien.
Power to Shipowner to
| enter and land goods in | 3 WHERE the owner of any Goods imported in any Ship |
| default of entry and landing | from foreign parts into Western Australia fails to make entry |
| by owner of goods. | thereof, or, having made entry thereof, to land the same, or take delivery thereof and to proceed therewith with all convenient speed, by the times severally hereinafter mentioned, the Shipowner may make entry and land or unship the said Goods at the times, in the manner, and subject to the conditions following; that is to say :— |
| (r.) 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. |
33° VICTORI7E, No. 10.
Customs—amendment.
(If.) If no time for the delivery of the Goods is expressed
in the charter party, bill of lading, or agreement, then at any time after the expiration of seventy two hotu:s (exclusive of a Sunday or holiday) after the report of the Ship.
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.
| (iv.) | In other cases the Shipowner, in landing Goods by virtue of this enactment, shall place them in or on some wharf or warehouse on or in which Goods of a like nature are usually placed; such wharf or ware- house being, if the Goods are dutiable, a wharf or warehouse duly approved by the Governor of the Colony, or appointed for the landing of dutiable Goods. |
| (v.) | If at any time before the Goods are landed or un- shipped 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. |
(vt.) If any Goods are, for the purpose of convenience in assorting or examining 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 con- vey the same, to some other wharf or warehouse, such Goods shall be assorted or examined at landing, and shall (if demanded) be delivered to the owner thereof within twenty-four hours after assortment or examina- tion; and the expenses of and consequent on such landing, assortment and examination, shall be borne by the Shipowner.
(vii) 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
33° VICTORII-E, No. 10.
Customs—amendment.
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 powers hereby given to him, give to the owner of the Goods, or of such wharf or warehouse as last aforesaid, twenty-four 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.
| If when goods are landed 4 | IF at the time when any Goods are landed from any | Ship, |
| the Shipowner gives notice | A |
for that purpose the lien an d placed in the custody of any person as a wharf or warehouse
for freight is to continue. owner, 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 men- tioned 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 | 5 UPON 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. |
proof of payment.
| Lien to be discharged on 6 THE owner of the Goods may deposit with the wharf or | deposit with the warehouse | |
| ||
| Warehouse owner may at 7 IF such deposit as aforesaid is made with the wharf or ware- | ||
| ||
| deposit to Shipowner. 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 ware-
33° VICTORI/E, No. 10.
Customs—amendment.
house 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.
8 IF such deposit a.s aforesaid is made with the wharf or ware- Course to be taken if notice
house owner, and the person making the same does, within fifteen to retain is given.
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 dispute which may have arisen between them
concerning such freight or other charges as aforesaid, and notice in
writing of such proceeding 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.
| IF the lien be not discharged and no deposit made as herein- before mentioned, the wharf or warehouse owner may, and if re- | Afterninety days warehouse |
| owner may sell the goods by | |
| public auction. | |
| quired 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 discre- tion thinks fit, sell by public auction, either for home use or exporta- tion, the said Goods or so much thereof as may be necessary to satisfy the charges hereinafter mentioned. |
9
, 10 BEFORE making such sale the wharf or warehouse owner Notices of sale to be given
shall give notice thereof by advertisement in a newspaper circulating in the neighbourhood, or in one daily or weekly newspaper published in Western Australia, and in the Government Gazette, and also by placards to be posted in the neighbourhood, 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 pos- session of the wharf or warehouse owner, or is otherwise known to him, give a 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 hereinbefore mentioned, nor shall any such purchaser be bound to inquire whether such notice has been sent.
33° VICTORIIE, No. 10.
Customs—amendm ent.
| Moneys arising from sale, | 11 IN every case of any such sale as aforesaid, the wharf or |
| how to be applied, | warehouse owner shall apply the moneys received from the sale as follows, and in the following order |
If the Goods are sold for home use, in payment of
any Customs or excise duties owing in respect thereof.
(ii.) In payment of the expenses of the sale.
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 rents, taxes and other charges due to the wharf or warehouse owner in respect of the said Goods.
| (rv.) In payment of the amount claimed by the Ship- | owner as due for freight or other charges in respect |
| of the said Goods. |
(v.) 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 agree- ment; and the surplus (if any) shall be paid to the owner of the Goods.
Warehouse owner's rentand 12 WHENEVER any Goods are placed in the custody of a expenses. whatf or warehouse owner under the authority of this Ordinance,
the said wharf or warehouse owner shall be entitled to rent in respect of the same, and shall 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.
| Warehouse owner's protec- 13 NOTHING in_ this Ordinance contained shall compel any | tion• wharf or warehouse owner to take charge of any Goods which he |
would not be liable to take charge of if this Ordinance had not passed ; nor shall he be bound to see to the validity of any lien claimed by any Shipowner under this Ordinance.
| Acts. abridge any power given or to be given by any local Ordinance to | Saving powers under local 14 NOTHING in this Ordinance contained shall take away or |
any Harbour Trust, body corporate, or persons, whereby they are or
may
33° VICTORIA, No. 10.
Customs—amendment.
may be enabled to expedite the discharge of Ships, or the landing
or delivery of Goods.
| 15 THIS Ordinance shall form part of and be incorporated | Incorporated with Customs |
| Ordinance, 1860. |
with " The Customs Ordinance; 1860."
J. BRUCE,
GOVERNOR,
Passed the- Legislative Council,
this 12th day of July, 1869.
E. H. LAURENCE,
Clerk of the Council.
Printed by Authority of Government, Western Australia.
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