Merchant Shipping Act 1894

Provisions as to deposits by owners of goods.


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

(2) If a notice is given as aforesaid the wharfinger or warehouseman shall immediately apprize 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 is admitted to be payable, the whole of the sum deposited, for thirty days from the date of the notice.

(3) At the expiration of those 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 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.

(4) A wharfinger or warehouseman shall by any payment under this section be discharged from all liability in respect thereof.


Modifications (not altering text):


Commencement of arbitral proceedings defined (8.06.2010) Arbitration Act 2010 (1/2010), s. 7(1), commenced as per s. 1(2).

Commencement of arbitral proceedings.

7.— (1) For the purposes of this Act and for the purposes of section 496 of the Merchant Shipping Act 1894 (as amended by section 29) arbitral proceedings shall be deemed to be commenced on—

(a) the date on which the parties to an arbitration agreement so provide as being the commencement date for the purposes of the commencement of arbitral proceedings under the agreement, or

(b) where no provision has been made by the parties as to commencement of proceedings as referred to in paragraph (a), the date on which a written communication containing a request for the dispute to be referred to arbitration is received by the respondent.



Reference to legal proceedings in subs. (3) construed as including a reference to arbitration (8.06.2010) Arbitration Act 2010 (1/2010), s. 29(3), commenced as per s. 1(2).

Application of Act to arbitrations under other Acts.

29.— …

(3) In subsection (3) of section 496 of the Merchant Shipping Act 1894, the reference to legal proceedings shall be construed as including a reference to arbitration.

Editorial Notes:


Previous affecting provisions: commencement of arbitral proceedings defined and references to legal proceedings construed to include arbitration (1.01.1955) by Arbitration Act 1954 (26/1954), ss. 3(1), 46, commenced as per s. 1(2); repealed (8.06.2010) by Arbitration Act 2010 (1/2010), s. 4, commenced as per s. 1(2).