Freight Liens Act 1885 (SA)

ANNO QUADRAGESIMO OCTAVO ET QUADRAGESIMO

NON0

A.D. 1885.

No. 339.

An Act relating to Lien on Goods for Freight.

[Assented to, Sejtem k r 30th, 1885.1

HEREAS it is desirable to amend the law relating to liell on Preamble.

Province of South Australia, with the advice and consent of the	W goods for freight-& it Enacted by the Governor of the
Legislative Council and House of Assembly of the said province, in this present Parliament assembled, as follows:

1. In the construction of this Act the following terms shall have Interpretation of

the respective meanings hereby assigned to them, if not inconsistent tmms.

with the context or subject-matter, that is to say-

The word " goods " shall include every description of cargo, wares, a00a~.t9

33 9

and merchandise:

The word wharf " shall include all wharves, quays, docks, and 4 4 ~ a r f. v

premises in or upon which any goods when landed from

ships may be lawfully placed:

The word warehouse " shall include all warehouses, buildings, 46 w,,h,,,,pp

and premises in which goods when landed from ships may be

lawfully placed:

The words '' free store " shall mean any store not being a Free ~ t ~ ~ e: .

Customs bonded warehouse:

The expression " wharfowner " shall mean the occupier of any UWbar~mer .o

wharf:

The expression " warehouseowner " shall mean the occupier of "Warehmeowner,'~

any warehouse:

The

. 48" & 49' VICTORIW, No. 339.

The Lien fir Freight Act.--1 885.

Shipowner." The word G shipowner " shall include the master of the ship and every other person authorised to act as agent for the owner, or entitled to receive the freight, demurrage, or other charges payable in respect of such ship:

" Owner of goods." The expression owner of goods " shall include every person who

is for the time being entitlcd, 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.

~ f, when goods are 2. If when any goods are landed from any ship, and placed in

landed, the shipowner forthat the custody of any person as a wharf or warehouse owner, the

pmpose the lien for shipowner gives to the wharf or warehouse owner notice in

freight is to continue.

writing that the goods are to remain subject to a lien for freight or other charges navable to the shi~owner to an amount to be mentioned in such n&cL the goods so laAded shall, in the hands of thc 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 tu the shipowner any loss thereby

Proviso. occasioned to him: Provided that such lien shall not prevail against the l ond f ide holder for value of any dock warrant,, holding order, or warehouse certificate lawfully issued and without notice of such lien after the receipt of the goods by the wharf owner or warehouse- keeper to whom the said goods have been delivered.

~ o o d s may be placed 3, Nothing in this Act shall prevent the owner or the agent of

in a free tore.	the owner of any goods placed in a bonded warehouse for security of
duty, and which arc shbject to a lien for freight or other charge
payable to the shipowner, from paying the said duties, and removing
the goods to the free store of the warehouseowner, where they
shall still remain subject to the lien aforesaid.

Lien to be discharged 4, Upon the production to the wharf or warchouse owner of a

On p ' ' m Papent. 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 shipowner's lien shall be discharged.

After ninety days

warehouse-owner 5, If the lien is not discharged before the expiration of ninety

, , .,U days from the time when the goods were landed, or, if the goods arc

by

public auction. of a perishable nature or live animals, before the expiration of such shorter period as the shipowner may in his discretion think fit, the shipowner may sell the said goods by public auction, or such part thereof as he may think necessary to satisfy the charges hereinafter mentioned: Provided always, that if legal proceedings havc been commenced between the owner of the goods and the " shipowner," a Judge, or the Special Magistrate of thc Court in which such proceedings have been commenced, may order that the sale be stayed until such period as he may think just, such order to be obtained on summons.

6, Before

48" & 49' VICTORIW, No. 339. p- -

The Lien fbr E'reiyht Act.-1885.

6. Before making such sale the shipowner shall give notice thereof Notice of sale to be

by advertisement in one newspaper circulating in the neighborhood, given-

in the Government Gazctr~, and at least in one daily paper published

in Adelaide, and a.lso, if the address of the owner of the goods has

been stated on the manifest of the cargo, or on any of the docn-

ments which have comc into the possession of the shipowner, wharf

or warehouse owner, or is otherwise known to them, give riotice of

the sule to the owner of the goods by letter sent by the post; but

the title of R bond jide purchaser of such goods shall not be invali-

dated by reason of the omission to send notice as hereinbefore

mentioned, nor shall any s~zch purchaser be bound to inquire

wlletl~er such notirc has been sent.

7. T n every case of any such sale as aforesaid, the shipowiler Moneyrr arisingfrom

shall apply thc moneys received from the snlc as follorvs, and in i::iip

the followiug ordcr-

T. 111 payment of any duties of Customs paid in respcct thereof:

rl. In payrncnt of the expenses of the sale:

1 1 1. In the nbsencc of any agrecrntmt between thc wharf or mare-

house owIlrbr itlit the shipowner concerning the priority of their respective charges, in p a p c n t of the rent, rates, and other cliargcs due to the wharf or warchousc owner in

respect of the said go~cts :

IV, In payment of tht: amount claimed by the shipowner as clue

for freight or other charges in respect of the said goods:

v. But, in case of any agreement betwecn the wharf or warehouse owner and thc shipowner concerning the priority of their respective charges, then such charges shall have priority according to the terms of snch agreement:

Arid the surplus, if any, shall be paid to thc Collector of Customs,

t o be held by him for and on account of the owner of the goods.

8. Whenever goods are placed in the custody of a wharf or Varehouseornerta warehouse owner under the authority of this Act, the said wharf or Ient andexpenseS. warehouse owncr shall be entitled to rent in respect of the same, anti

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 judg- ment of the said wharf or warehome 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 to take charge of any goods which he would not protection. 9. Nothing in this Act contained shall compel any wharf or Warehouseowner's

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 ship-

owner under this Act.

10, This

486 & 49' VICTORIE, No. 339. - -.

The Lien .for Freight Act.-1685.

Short title. 10. This Act may be cited for all purposes as " The Lien for

Freight Act, 1885."

In the name and on behalf of lIcr Majesty, I hereby assent to

this Bill.

WM. C. F. ROBINSON, Governor.

- -.. . . . . -. .

Adelaide : By authority, E. S P ~ L E R, Government Printer, North-terrace.