Section 175

When a deposit as aforesaid is made with the wharfinger or warehouseman, the person making the same may, within 15 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 15 days, pay the sum deposited over to the shipowner.

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 as admitted to be

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Merchant Shipping payable, the whole of the sum deposited, for 30 days from the date of the notice.

At the expiration 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 said balance or sum, or otherwise for the settlement of any dis-putes which 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.

A wharfinger or warehouseman shall by any pay-ment under this section be discharged from all liability in respect thereof.

( 5) For the purposes of this section "legal proceed-ings" shall be deemed to include arbitration.

123 176.

If the lien is not discharged and no deposit is sateofgoods made as aforesaid, the wharfinger or warehouseman may, and, if required by the shipowner, shall, at the expiration of 90 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 the goods or so much thereof as is necessary to satisfy the charges hereinafter mentioned.

Before making the sale the wharfinger or ware-houseman shall give notice thereof by advertisement in a local newspaper circulating in Brunei, and shall 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 ware-houseman or is otherwise known to him, send notice of the sale to the owner of the goods by post.

124

Application of proceeds of sale

Merchant Shipping

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 pur-chaser be bound to inquire whether the notice has been sent.