The Short Title of this Act shall be “The Delivery of Goods and Lien for Freight Act 1869.”

The following terms used in this Act shall have the respective meanings hereby assigned to them if not inconsistent with the context or subject matter that is to say—

Where the owner of any goods imported in any ship from foreign parts into New Zealand 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—

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

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

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

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 Commissioner of Customs for the landing of dutiable goods

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

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

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 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 at any time when any goods are landed from any ship and placed in the custody of any person as a wharf or warehouse 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 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 as hereinafter mentioned and shall if he fail so to do make good to the shipowner any loss thereby occasioned to him.

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.

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.

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.

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 apprise 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.

If the lien is not discharged and no deposit is made as hereinbefore 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 may be fixed by Lloyd’s Agent or any Surveyor to be appointed by such wharf or warehouse owner 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.

Before making such sale the wharf or warehouse owner shall give notice thereof by advertisement in one newspaper circulating in the neighbourhood a copy whereof shall be kept posted up in some conspicuous part of the said wharf or warehouse 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 bonâ 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.

In every case of any such sale as aforesaid the wharf or 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

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 rent rates and other charges due to the wharf or warehouse owner in respect of the said goods

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

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.

Whenever goods are placed in the custody of a wharf or warehouse owner under the authority of this Act 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.

Nothing in this Act contained shall compel any wharf or warehouse owner to take charge of any goods which he would not 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 shipowner under this Act.