Warehousemen's Liens Act of 1938 (2 Geo Vi No. 5) (Qld)

MERCANTILE. 2 GEO. VI. No. 5,1938. Warehousemen's Liens Act. 171.95 MERCANTILE. PROFITEERING PREVENTION. See LABOUR (THE INDUSTRIAL CONCILIATION AND ARBITRATION AOTS AMENDMENT ACT OF 1938). An Act to Amend the Law respecting certain 2 N G o E . O. 5. VI. Possessory Liens. THE WARE- HOUSE~IEN'S LIENS ACT [ASSENTED TO 10TH OCTOBER, 1938.] OF 1938. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consen1t of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as " The Warehousemen's Short title. Liens Act of 1938." 2. In this Act, unless the context otherwise requires, Meaning the following terms shall have the meanings respectively of terms. assigned to them, that is to say : - " Goods "-The term includes personal property Goods. of every description that may be deposited with a warehouseman as bailee; " Prescribed "-Prescribed by this Act; Prescribed. " This Act "-This Act and all regulations made This A.t or purporting to have been made thereunder; C • " Warehouseman "-A person lawfully engaged Warehouse- in the business of storing goods as a bailee man. for hire. 3. SubJ' ect to the provisions of sectio . n five of this D ec I ara t I ' On Act, every warehouseman shall have a hen on goods of deposited with him for storage, whether deposited bv ware, h~ ~ se­ the owner of the goods or by his authority, or by any man S len. person entrusted with the possession of the goods by the owner or by his authority. 4. The lien shall be ~ or the amount of the Charges warehouseman's charges, that IS to say- covered (a) All lawful charges for storage and preservation by lien. of the goods; and (b) All lawful claims for money advanced, interest, insurance, transportation, labour, weighing, coopering, and other expenses in relation to the goods; and

17196 MERCANTILE. Warehousemen's Liens Act. 2 GNO. VI. No. 5, (c) All reasonable charges for any notice required to be given under the provisions of this Act, and for notice and advertisement of sale, and for sale of the goods where default is made in satisfying the warehouseman's lien. Necessity 5. (1.) Where the goods on which a lien exists were owfanreohtiocueseb-y deposited not by the owner or by his authority, but by man where a person entrusted by the owner with the possession of gdoeopdossited the goods or by his authority, the warehouseman shall, by person within sixty days after the date of the deposit, give wenittrhusted notice of the lien- possession. (a) To the owner of the goods, including any person who has served upon the warehouseman a prescribed notice of his claim to be the owner of the goods or of some interest therein; and (b) To the grantee of the goods under any bill of sale registered at the date of the deposit under *" The Bills of Sale Act of 1891," as amended bYt"The Bills of Sale Act Amendment Act of 1896." Contents of notice. (2.) The notice shall be in writing and contain- (i.) A brief description of the goods; and (ii.) A statement showing the location of the warehouse where the goods are stored, the date of their deposit with the warehouseman, and the name of the person by whom they were deposited; and (iii.) A statement that a lien is claimed by the warehouseman in respect of the goods under this Act; and (iv.) Such other particulars as are prescribed. Manner of giving notice. Effect of failure to give notice. (3.) The notice may be given personally or by registered post. (4.) Where the warehouseman fails to give the notice required by this section, his lien, as against the person to whom he has failed to give notice, shall be void as from the expiration of the period of sixty days from the date of the deposit of the goods. * 55 Vic. No. 23, supra, page 2149. t 60 Vic. No. 11, supra, page 2155.

MERCANTILE. 17197 1938. Warehousemen' 8 Liens Act. 6. (1.) In addition to all other remedies provided P~ ier td by law for the enforcement of liens or for the recovery se goo s. of warehouseman's charges a warehouseman may sell by public auction, in the manner provided in this section, any goods upon which he has a lien for charges which have become due. (2.) The warehouseman shall give written notice ~ otic~ of of hI· S I.nt ent·Ion t 0 se II - mtotesneltll.On (a) To the person liable as debtor for the charges for which the lien exists; and (b) To the owner of the goods, including any person who has served upon the warehouseman a prescribed notice of his claim to be the owner of the goods or of some interest therein; and (c) To the grantee of the goods under any bill of sale or chattel mortgage registered under *" The Bills of Sale Act of 1891," as amended by t" The Bills of Sale Act Amendment Act of 1896," at the date of the deposit of the goods. (3.) The notice may be given personally or by ~ a! IDer of regI . s t ere d pOS t . gnolvtimceg. (4.) The notice shall contain- (a) A brief description of the goods; and Contents of notice. (b) A statement showing the location of the warehouse where the goods are stored, the date of their deposit with the warehouseman, and the name of the person by whom they were deposited; and (c) An itemised statement of the warehouseman's charges showing the sum due at the time of the notice; and (d) A demand that the amount of the charges as stated in the notice and such further charges as may accrue shall be paid on or before a day mentioned, not less than thirty days from the delivery of the notice if it is personally delivered, or from the time when the notice should reach its destination according to the due course of post if it is sent by post; and * 55 Vic. No. 23, BUpra, page 2149. t 60 Vic. No. 11, BUpra, page 2155.

17198 MERCANTILE. Warelwusemen's Liens Act. 2 GEO. VI. No. 5, (e) A statement that unless the charges are paid within the time mentioned the goods will be advertised for sale and sold by public auction at a time and place specified in the notice. Advertise- ment of sale. (5.) Where the charges are not paid on or before the day mentioned in the notice, an advertisement of the sale, describing the goods to be sold, and stating the time and place of sale, shall be published at least once a week for two consecutive weeks in a newspaper circulating in the locality where the sale is to be held, and in one metropolitan daily newspaper. The sale shall be held not less than fourteen days from the date of the first publication of the advertisement. Power to (6.) A court of petty sessions holden before a police ~ ~ ~ ~ ~ y magistrat~ in the petty sessions distr~ct within or :vithin proceedings. twenty mIles of the boundary of whICh the premIses of the warehouseman are situated may, on the application of the owner, made in the manner prescribed, at any time after the service of the notice by order stay further proceedings under this section for such period and on such terms as it deems just, and any proceedings under this section taken after due service of such order on the warehouseman, and during the period specified in the order, shall be illegal. When power of sale devolves. (7.) This section shall apply only to cases in which some part of the charges in arrear are in respect of a period more than twelve months prior to the date upon which the notice of intention to sell is given. Sufficiency of notices. 7. (1.) Where a notice of lien under the provisions of section five of this Act, or a notice of intention to sell under the provisions of section six of this Act, has been given, but such provisions have not been strictly complied with, if any court before whom any question respecting the notice is tried or inquired into considers that such provisions have been substantially complied with, or that it would be inequitable that the lien or sale shall be void by reason of such non-compliance, no objection to the sufficiency of the notice shall in any such case be allowed to prevail so as to release or discharge the goods from the lien or vitiate the sale. (2.) A notice given under this Act by registered post shall be deemed to be sufficiently addressed to the person to whom it is sent if it is addressed to him at the last address of such person known to the warehouseman.

MERCANTILE. 17199 . J938. Warehousemen's Liens Act. (3.) Regulations made under this Act may provide Sub~tituted for th. e gl"vmg 0 f not'ICe by advert·Isemen t I . n cases where sneorVticICees.of any person to whom notice may be given pursuant to section five or section six of this Act is unknown to the warehouseman, or where no address of any such person is known to the warehouseman, and for the ascertainment of the day upon which such notice shall be deemed to have been given, and for any other matter relating to such advertisement. . Any notice given by advertisement in accordance with such regulations shall for the purposes of this Act be deemed to have been given personally on the dat'e ascertained pursuant to the regulations. 8. (1.) From the proceeds of the sale the Dispositi~ n warehouseman shall satisfy his lien, and shall pay over ~ ~ ~ :~ ~ ee B the surplus (if any) to the person entitled thereto; and the warehouseman shall when paying over the surplus deliver to the person to whom he pays it a statement of account showing how the amount has been computed. (2.) If the surplus is not demanded by the person entitled thereto within ten days after the sale, or if there are different claimants or the rights thereto are uncertain, the warehouseman shall pay the surplus to the Public Curator of Queensland. (3.) The warehouseman at the time of paying the amount to the Public Curator of Queensland shall furnish duplicate copies of the statement of account showing how the amount has been computed, verified in the manner prescribed, and such other particulars relating to the transaction as may be prescribed. (4.) Any money so paid to the Public Curator of Queensland shall be held by him on behalf of the person for the time being entitled thereto, and such person shall be entitled to be repaid such sum less any prescribed charges. Any such sum lying unclaimed in the hands of the Public Curator of Queensland for a period of six years shall be deemed to be unclaimed moneys under and within the meaning of *" The Public Curator Acts, 1915 to 1938," and shall be dealt with accordingly. 9. (1.) At any time before the goods are sold any rrovision person claiming an interest or right of possession in the pO:yment goods may pay the warehouseman the amount necessary b;fore:sale to satisfy his lien, including the expenses incurred in 0 gOD • serving notices and advertisement and preparing for the sale up to the time of the payment. * 6 Geo. V. No. 14 and amending Acts, 8upra, pages 7056 et Beq.

17200 MERCANTILE. Warehousemen's Liens Act. 2 GEO. VI. No. 5, 1938. Duty of warehouse- man on payment. (2.) The warehouseman shall deliver the goods to the person making the payment if he is the person entitled to the possession of the goods on payment of the warehouseman's charges thereon, otherwise the warehouseman shall retain possession of the goods according to the terms of the contract of deposit. Application 10. The provisions of this Act shall apply to cases {if Act. in which the goods were deposited for storage before as well as to cases in which the goods are deposited after the commencement of this Act, but no notice pursuant to section six shall be given before the expiration of ninety days from such commencement. In applying section five of this Act to a case in which the deposit was made before such commencement that section shall be read as if in subsection one the :words " after the commencement of this Act" were substituted for the words "after the date of the deposit"; and as if the words "at the commencement of this Act" were substituted for the words "at the date of the deposit"; and as if in subsection four the words" from the commencement of this Act" were substituted for the words" from the date of the deposit of the goods." Regulations. 11. The Governor in Council may from time to time make all such regulations as he shall deem necessary or convenient for the purpose of giving effect to this Act, and more particularly, but without limiting the generality of this section, with respect to all matters required or permitted by this Act to be prescribed. All such regulations shall be published in the Gazette and shall upon such publication be of the same force and effect as if they were enacted in this Act and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever. The publication in the Gazette of any such regulation shall be conclusive evidence of the power and authority to make same and of all matters contained therein. Regulations 12. All regulations made under this Act shall be tPboeafrboleiraelmaiednt. ldaaiyds baeffoterre tthhee LpUegbilsilcaattiivoen Athsseermeobflyinwitthhein G f a o z u et r t t e eeinf Parliament is in session; or, if not, then within fourteen . days after the commencement of the next session.

MERCANTILE-MILK SUPPLY. 2 GEO. VI. No. 27,1938. Milk SupplyAct. If Parliament passes a resolution disallowing any such regulation, of which resolution notice has been given within fourteen sitting days of such House after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the power to make further or other regulations. For the purpose of this section the term "sitting days" shall mean days on which the House actually sits for the despatch of business. 17201 MILK SUPPLY. An Act to Provide for the Regulation and Control 2 N G o E . O. 27 V . I. of the Treatment. Supply, Sale, and S T U H P E PLY MI A L C K T 011' 1938. Distribution of Milk and Cream for Consumption or Use in Prescribed Districts; to Constitute Milk Boards for such Districts, and to Prescribe their Jurisdiction, Powers, and Duties; and for other purposes. [ASSENTED TO 1ST DECEMBER, 1938.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. (1.) This Act may be cited as" The Milk Supply Short title. Act of 1938." *(2.) Subject as otherwise provided, this Act shall Commence- come into force on a date to be proclaimed by the ment of Act. Governor in Council by Proclamation published in the Gazette. 2. Subject as hereinafter provided, this Act shall ~ PKli: at! ~ : extend and apply and have operation and effect with ~sp~ct~~ respect to all milk and cream for consumption or use or milk and intended for consumption or use within a district com- cream. prising the Area of the City of Brisbane as set forth in the Schedule to this Act and with respect to all milk . * Act proclaimed in force on and from the 12th December, 1938. (See Proclamation dated 9th December, 1938, published in Gazette of lOth December, 1938, page 2536).