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to Australian ports, either as seamen or passengers, and thence to serve in other ships to the United Kingdom. A certificate may be given by an officer appointed by the governor of the colony that the agreement is a proper one, which certificate will be binding on the Lascar (s. 544).

The Passengers Act, 1852, is not to be affected or repealed by this Act (s. 545).

Municipal corporations, or associations, or trustees constituted for any public purpose connected with shipping in any seaport, may grant sites for sailors' homes (s. 546).

Colonial legislatures may alter the provisions of the Act relating to ships registered in such colony (s. 547).

Expenses incurred by the Commissioners of Customs in carrying the Act into execution are to be paid out of the Consolidated Customs, but the Board of Trade may repay out of the Mercantile Marine Fund such expenses as may be chargeable on it (s. 548).

APPENDIX No. 2.

LIEN FOR FREIGHT.

[The following is a Copy of the Sections of the MERCHANT SHIPPING ACT 1862, relating to the LANDING OF CARGOES AND LIEN FOR FREIGHT, referred to at page 89.]

66. The following terms used in the sections of this Act hereinafter contained shall have the respective meanings hereby assigned to them, if not inconsistent with the context or subject-matter; that is to say :

The word "Report" shall mean the report required by the Customs Laws to be made by the master of any importing 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:

The word "Goods" shall include every description of wares and merchandize :

The word "Wharf" shall include all wharves, quays,

docks, and premises in or upon which any goods when landed from ships may be lawfully placed:

The word "Warehouse" shall include all warehouses, buildings, and premises in which goods when landed from ships may be lawfully placed:

The expression "Wharfowner" shall mean the occupier of any wharf, as herein-before defined:

The expression "Warehouse Owner" shall mean the occupier of any warehouse, as herein-before defined:

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 Ship

owner to enter

and land goods in default of entry and landing by owner of goods.

67. Where the owner of any goods imported in any ship from foreign parts into the United Kingdom fails to make entry 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 of and land or unship the said goods at the times, in the manner, and subject to the conditions following; (that is to say,)

(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 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 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 shipowner :

(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.

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