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MERCHANT SHIPPING ACT 1894 - SECT 496

496.(1) When a deposit as aforesaid is made with the wharfinger or
warehouseman, the person making the same may, within fifteen days after making
it, give to the wharfinger or warehouseman notice in writing to retain it,
stating in the notice the sums, 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, but if no such notice is given, the wharfinger or warehouseman may,
at the expiration of the fifteen days, pay the sum deposited over to the
shipowner.

(2) If a notice is given as aforesaid the wharfinger or warehouseman shall
immediately apprise the shipowner of it, and shall pay or tender to him out of
the sum deposited the sum, if any, admitted by the notice to be payable, and
shall retain the balance, or, if no sum is admitted to be payable, the whole
of the sum deposited, for thirty days from the date of the notice.

(3) At the expiration of those 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 the freight or other
charges as aforesaid, and notice in writing of those proceedings has been
served on the wharfinger or warehouseman, the wharfinger or warehouseman shall
pay the balance or sum to the owner of the goods.

(4) A wharfinger or warehouseman shall by any payment under this section be
discharged from all liability in respect thereof.

© 1894 Crown Copyright

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