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MERCHANT SHIPPING ACT 1894 - SECT 497

Discharge of lien.

497.(1) If the lien is not discharged, and no deposit is made as aforesaid,
the wharfinger or warehouseman 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 in his discretion he thinks fit, sell by public auction, either for
home use or for exportation, the goods or so much thereof as may be necessary
to satisfy the charges hereinafter mentioned.

(2) Before making the sale the wharfinger or warehouseman shall give notice
thereof by advertisement in two local newspapers circulating in the
neighbourhood, or in one daily newspaper published in London, and in one local
newspaper, 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 wharfinger or warehouseman, or is otherwise known to
him, send notice of the sale to the owner of the goods by post.

(3) The title of a bona fide purchaser of the goods shall not be invalidated
by reason of the omission to send the notice required by this section, nor
shall any such purchaser be bound to inquire whether the notice has been sent.

© 1894 Crown Copyright

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