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MERCHANT SHIPPING ACT 1894 - SECT 493

Reference in difficult cases to scientific persons.

493.(1) 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 goods at the following
times:

(a)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:

(b)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, from the time of the
report of the ship.

(2) Where a shipowner lands goods in pursuance of this section he shall place
them, or cause them to be placed

(a)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, on that wharf or in that warehouse;
and

(b)in any other case on some wharf or in some warehouse on or in which goods
of a like nature are usually placed; the 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.

(3) 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 to do so, and his entry shall in that case be preferred to any entry
which may have been made by the shipowner.

(4) 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 that landing has made entry and is ready and offers to take
delivery thereof, and to convey the same to some other wharf or warehouse, the
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 that landing and assortment shall be borne by the
shipowner.

(5) 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
that delivery, and has also failed at the time of that offer to give the owner
of the goods correct information of the time at which the goods can be
delivered, then the shipowner shall, before landing or unshipping the goods,
in pursuance of this section, 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 that notice, do so at his own risk and expense.

© 1894 Crown Copyright

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