THE HONGKONG GOVERNMENT GAZETTE, 22ND NOVEMBER, 1862. 325
mentioned, and shall, if he fail so to do, make good to the Shipowner any Loss thereby occasioned to him.
69. Upon the Production to the Wharf or Warehouse Owner of a Receipt for the Lien to be discar- Amount claimed as due, and Delivery to the Wharf or Warehouse Owner of a Copy ged on Proof of Pɩy- thereof or of a Release of Freight from the Shipowner the said Lien shall be discharged.
ment.
ged on Deposit with
70. The Owner of the Goods may deposit with the Wharf or Warehouse Owner Lien to be dischar- a Sum of Money equal in Amount to the Sum so claimed as aforesaid by the Shipowner, Warehouse Owner. 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.
Days, if no Notice is
71. If such Deposit as aforesaid is made with the Wharf or Warehouse Owner, Warehouse Owner and the Person making the same does not within Fifteen Days after making it give to may at the End of 15 the Wharf or Warehouse Owner Notice in Writing to retain it, stating in such Notice given, pay Deposit to the Sum, if any, which he admits to be payable to the Shipowner, or, as the Case Shipowner.
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.
given.
72. If such Deposit as aforesaid is made with the Wharf or Warehouse Owner, Course to be taken and the Person making the same does within Fifteen Days after making it give to the if Notice to retain is Wharf or Warehouse Owner such Notice in Writing as aforesaid, the Wharf or Ware- house Owner shall immediately apprize 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.
house Owner may sell
73. If the Lien is not discharged, and no Deposit is made as herein-before After 90 Days Ware- mentioned, the Wharf or Warehouse Owner may, and, if required by the Shipowner, Goods by Public Auc- shall, at the Expiration of Ninety Days from the Time when the Goods were placed in tion. his Custody, or, if the Goods are of a perishable Nature, at such earleir Period as he in his Discretion thinks fit, sell by Public Auction, either for Hone Use or Exportation, the said Goods or so much thereof as may be necessary to satisfy the Charges herein- after mentioned.
74. Before making such Sale the Wharf or Warehouse Owner shall give Notice Notives of Sale to be thereof by Advertisement in Two Newspapers circulating in the Neighbourhood, or in given. One Daily Newspaper published in London and in One local Newspaper, and also, if the Addres 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 bona fide Purchaser of such Goods shall not be invalidated by reason of the Omission to send Notice as herein-before mentioned, nor shall any such Purchaser be bound to inquire whether such Notice has been sent.
75. In every Case of any such Sale as aforesaid the Wharf or Warehouse Owner Monies arising from shall apply the Monics received from the Sale as follows, and in the following Order.
1. If the Goods are sold for Home Use in Payment of any Customs or Excise
Duties owing in respect thereof:
2. In Payment of the Expenses of the Sale:
3. 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:
4. In Payment of the Amount claimed by the Shipowner as due for Freight or
other Charges in respect of the said Goods:
5. But In case of any Agreement between the Wharf or Warehouse Owner and the Shipowner concerning the Priority of their respective Charges,
Sale, how to be ap- plied,
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