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9 1946

HARBOURS ACT, 1946

Chapter III.

Provisions in Relation to Goods and Documents of Title to Goods.

Survey and examination of goods before they are unshipped.

76. —(1) A harbour authority may, on the request (accompanied by payment of such fee as the harbour authority think proper) of the master of a vessel which is within the limits of the harbour of the harbour authority, and which is about to land goods, or on the request (so accompanied) of the owner or consignee of such goods, appoint a person to survey and examine such goods before they are unshipped, to inquire into the cause of any damage to such goods existing before they are unshipped, and to make a written report to the harbour authority of such survey, examination and inquiry.

(2) The owner and the consignee of goods in respect of which a report has been made to a harbour authority under this section and the master of the vessel concerned shall each be entitled to obtain on demand from the harbour authority a copy of the report.

Survey and examination of goods landed.

77. —Goods which are landed within the limits of a harbour may be surveyed and examined by a person appointed in that behalf by the harbour authority for the harbour and such person shall inquire into the cause and extent of any damage which may have happened to such goods either by sea damage, improper storage or otherwise and shall make a written report to the harbour authority of such survey, examination and inquiry.

Superintendence of loading and unloading.

78. —(1) Where goods are being loaded into or unloaded from a vessel which is within the limits of a harbour, the master of the vessel, or some officer of the vessel appointed in that behalf by the master of the vessel, shall superintend the loading or unloading.

(2) If in respect of a vessel there is a refusal or failure to comply with subsection (1) of this section, the master of the vessel shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding ten pounds.

Restriction on landing and shipping of goods.

79. —(1) It shall not be lawful for a person to land or ship goods of any description at any place within the limits of a harbour unless such place is assigned by the harbour authority for the harbour as a landing place or shipping place (as the case may be) for such goods, and is a legal quay approved by the Minister for Finance, or a sufferance wharf approved by the Revenue Commissioners, or is a place in respect of which special permission has been given by the Revenue Commissioners for the landing or shipping (as the case may be) of such goods.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

Access to goods.

80. —A harbour authority shall afford to persons entitled to or having control of goods deposited in or upon any of the premises, warehouses, quays or other places under the control of the harbour authority reasonable access to such goods.

Certificates of deposit and warrants for delivery of goods.

81. —(1) The following provisions shall have effect with respect to the issue and delivery by a harbour authority of certificates of deposit and warrants for the delivery of goods, that is to say:

(a) the harbour authority, at the request of a person warehousing or depositing any goods in any warehouse, or upon or in any premises of a harbour authority specially appropriated for the purpose, or entitled to any goods so warehoused or deposited, may from time to time issue and deliver to such person a certificate in a form approved by the harbour authority of the goods so warehoused or deposited, or a warrant in a form approved by the harbour authority for the delivery of the goods so warehoused or deposited, or any part thereof to be respectively specified in the warrant;

(b) no such warrant for delivery shall be given unless all liens and claims for freight, and all other liens and claims whatsoever to which the goods were liable while on board any vessel, and before being so warehoused or deposited, and of which the harbour authority have notice in writing, and all rates, charges and expenses payable to the harbour authority for the warehousing or depositing of the goods, or for services performed by the harbour authority in respect thereof, are paid or discharged;

(c) every such warrant for delivery shall be transferable by endorsement, and shall entitle the person named therein or the last endorsee thereof named in the endorsement to the goods specified therein, and the goods so specified shall for all purposes be deemed to be his property.

(2) The issue under this section of a warrant for the delivery of goods shall not prejudice or affect any rights in relation to the goods which the Revenue Commissioners may have in respect of any charge of duty of customs or excise.

Notice to detain goods for payment of freight.

82. —A notice to detain for payment of freight goods landed within the limits of a harbour shall be in writing and shall be given to the harbour authority for the harbour before any warrant for the delivery of the goods is issued by them.

Making of customs entry by harbour authority in certain cases.

83. —(1) A harbour authority may make customs entry for the warehousing of a cargo or portion of a cargo for which an entry has not been delivered under the Customs Acts within forty-eight hours (not reckoning any Sunday or public holiday) after the day on which the cargo or portion of a cargo is required to be reported under those Acts.

(2) A harbour authority shall not make under this section a customs entry for the warehousing of a cargo or portion of a cargo unless—

(a) the cargo or portion of a cargo is eligible by law to be entered for warehousing, and

(b) failure to make such entry would result in the despatch of business at the harbour of the harbour authority being obstructed.

(3) A cargo or portion of a cargo entered by a harbour authority under this section shall not be liable to seizure by reason of any inaccuracy in such entry unless the Revenue Commissioners are of opinion that the inaccuracy was intentional or due to culpable negligence.

(4) The cost of the making under this section, by a harbour authority, of an entry of a cargo or portion of a cargo, shall be paid by the person for the time being in charge of the cargo or portion of a cargo to the harbour authority, and such cost, in default of payment, shall be recoverable as if it were due in respect of goods rates charged under this Act on the cargo or portion of a cargo.

Validity of certain documents.

84. —Every warrant, delivery certificate, transfer certificate or other document relating to goods under the control of a harbour authority shall, if signed by a person purporting to be a duly authorised officer of the harbour authority, be deemed until the contrary is proved, to be valid in all respects and binding on the persons to whom it relates.

Charges in respect of goods permitted to remain on quays or other places.

85. —(1) A harbour authority may make in respect of goods, being goods which they permit to remain on any quay or other place within the limits of their harbour after the expiration of the time for removal of the goods specified in the bye-laws of the harbour authority, charges on the owner of the goods in accordance with such scale of charges as from time to time they may fix with the consent of the Minister.

(2) Where a harbour authority were, immediately before the passing of this Act, making charges authorised by law in respect of goods permitted by them to remain on any quay or other place within the limits of their harbour after the expiration of the time for removal of the goods specified in the bye-laws of the harbour authority, such charges shall be regarded for the purposes of subsection (1) of this section as having been duly fixed under that subsection.