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HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 45

Recovery of rates on goods by distraint and sale, or by action.

45. If default be made in the payment of the rates payable in respect of any
such goods, the collector of rates may distrain or arrest, of his own
authority, such goods, and for that purpose may enter any vessel within the
limits of the harbour, dock, or pier in which the goods may be, with such
assistance as he shall deem necessary, or, if the said goods have been removed
without payment of such rates, he may distrain or arrest any other goods
within the limits of the harbour, dock, or pier, or the premises of
the undertakers, belonging to the person liable to pay such rates, and may
sell the goods so distrained or arrested, and out of the proceeds of such sale
pay the rates due to the undertakers, rendering the overplus, if any, to the
owner of such goods, on demand; or the undertakers may recover such rates by
action in any court having competent jurisdiction: Provided always, that
the collector of rates shall, before making any such distress or arrestment as
aforesaid, pay all duties which may be payable to Her Majesty in respect of
the goods so distrained or arrested, and he may retain the amount of duties so
paid out of the proceeds arising from the sale of such goods.


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