Interpretation of this Part
Open ↗125. In this Part, unless the context otherwise requires —“goods” includes every description of wares and merchandise;
“owner”, in relation to goods, means every person who is for the time being entitled, either as owner or agent for the owner, to the possession of the goods, subject in the case of a lien (if any) to that lien;
“shipowner” includes the master of the ship and every other person authorised to act as agent for the owner or entitled to receive the freight, demurrage or other charges payable in respect of the ship;
“warehouse” includes all warehouses, buildings and premises in which goods, when landed from ships, may be lawfully placed;
“warehouseman” means the occupier of a warehouse;
“wharf” includes all wharves, quays, docks and premises in or upon which any goods, when landed from ships, may be lawfully placed;
“wharfinger” means the occupier of a wharf.
Powers of shipowner to land goods
Open ↗126.—(1) In the absence of any arrangement whereby the owner of any goods imported in any ship into any port or place in Singapore is entitled to land or take delivery of the goods, or in case the owner of the goods is not ready or does not offer to land or take delivery under such arrangement as soon as the ship is ready to unload, a shipowner may land or unship the goods imported in any ship into Singapore at any time after the arrival of the ship.
(2) Where a shipowner lands goods under subsection (1), the shipowner must 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.
Lien for freight on landing goods
Open ↗127.—(1) If, at the time when any goods are landed from any ship and placed in the custody of any person as a wharfinger or warehouseman, the shipowner gives to the wharfinger or warehouseman written notice that the goods are to remain subject to a lien for freight or other charges payable to the shipowner to an amount mentioned in the notice, the goods so landed shall, in the hands of the wharfinger or warehouseman, continue subject to the same lien, if any, for such charges as they were subject to before the landing thereof.
(2) The wharfinger or warehouseman receiving those goods must retain them until the lien is discharged as hereinafter mentioned, and must, if the wharfinger or warehouseman fails to do so, make good to the shipowner any loss thereby occasioned to the shipowner.
Discharge of lien
Open ↗128. The lien for freight and other charges is to be discharged —(a)
upon the production to the wharfinger or warehouseman of a receipt for the amount claimed as due, and delivery to the wharfinger or warehouseman of a copy thereof or of a release of freight from the shipowner; and
(b)
upon the deposit by the owner of the goods with the wharfinger or warehouseman of a sum of money equal in amount to the sum claimed as aforesaid by the shipowner,
but in the latter case, the lien is to be discharged without affecting any other remedy which the shipowner may have for the recovery of the freight.
Provisions as to deposits by owners of goods
Open ↗129.—(1) When a deposit is made with the wharfinger or warehouseman, the person making the deposit (called in this section the depositor) may, within 15 days after making it, give to the wharfinger or warehouseman written notice to retain it, stating in the notice the sum (if any) which the depositor admits to be payable to the shipowner, or (as the case may be) that the depositor does not admit any sum to be so payable, but if no such notice is given, the wharfinger or warehouseman may, at the end of the 15 days, pay the sum deposited over to the shipowner.
(2) If a notice is given under subsection (1), the wharfinger or warehouseman must immediately apprise the shipowner of it, and must pay or tender to the shipowner out of the sum deposited the sum (if any) admitted by the notice to be payable, and must retain the balance, or if no sum is admitted to be payable the whole of the sum deposited, for 30 days from the date of the notice.
(3) At the end of those 30 days, unless legal proceedings have in the meantime been instituted by the shipowner against the owner of the goods to recover the balance or sum, or otherwise for the settlement of any dispute which may have arisen between them concerning the freight or other charges as aforesaid, and written notice of those proceedings has been served on the wharfinger or warehouseman, the wharfinger or warehouseman must pay the balance or sum to the owner of the goods.
(4) A wharfinger or warehouseman is, by any payment under this section, discharged from all liability in respect thereof.
(5) In this section, “legal proceedings” is deemed to include arbitration.
Sale of goods by wharfinger and warehouseman
Open ↗130.—(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, must, at the end of 90 days from the time when the goods were placed in his or her custody, or, if the goods are of a perishable nature, at such earlier period as he or she thinks fit, sell by public auction the goods or so much thereof as is necessary to satisfy the charges hereinafter mentioned.
(2) Before making the sale, the wharfinger or warehouseman must —(a)
give notice of the sale by advertisement in 2 newspapers circulating in Singapore; and
(b)
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, or is otherwise known to, the wharfinger or warehouseman, send notice of the sale to the owner of the goods by post.
(3) The title of a bona fide purchaser of the goods is not invalidated by reason of the omission to send the notice required by this section, nor is any such purchaser bound to inquire whether the notice has been sent.
Application of proceeds of sale
Open ↗131.—(1) The proceeds of sale of the goods must be applied by the wharfinger or warehouseman as follows and in the following order:(a)
firstly, in payment of any duties payable to the Government in respect thereof;
(b)
secondly, in payment of the expenses of the sale;
(c)
thirdly, in payment of the charges of the wharfinger or warehouseman and the shipowner according to such priority as is determined by the terms of the agreement (if any) in that behalf between them; or, if there is no such agreement —(i)
in payment of the rent, rates and other charges due to the wharfinger or warehouseman in respect of the goods; and
(ii)
in payment of the amount claimed by the shipowner as due for freight or other charges in respect of the goods.
(2) The surplus (if any) must be paid to the owner of the goods.
Wharfinger’s and warehouseman’s rent and expenses
Open ↗132. Whenever any goods are placed in the custody of a wharfinger or warehouseman under the authority of this Part, the wharfinger or warehouseman is entitled to rent in respect of the goods, and also has power at the expense of the owner of the goods, to do all such reasonable acts as in the judgment of the wharfinger or warehouseman are necessary for the proper custody and preservation of the goods, and has a lien on the goods for the rent and expenses.
Wharfinger’s and warehouseman’s protection
Open ↗133. Nothing in this Part compels any wharfinger or warehouseman to take charge of any goods which the wharfinger or warehouseman would not have been liable to take charge of if this Act had not been enacted, nor is the wharfinger or warehouseman bound to see to the validity of any lien claimed by any shipowner under this Part.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
