THE WHARFAGE ACT

1. This Act may be cited as the Wharfage Act.
2. In this Act-
“the Authority” means the Authority established by section 4 of the Port AuthorityAct;

“Harbour of Kingston” means all the body of water between the shores in the parishes of Kingston,
St. Andrew, Saint Catherine, to the northward of the Palisadoes, from Harbour Head to Port Royal, and a straight line from the westernmost point of the land at Fort Charles, in Port Royal, to the southernmost point of the Twelve Apostles Battery;
“wharfage rate” means the rate fixed pursuant to the provisions of Schedule A in relation to goods landed on or delivered at or shipped from a wharf or ships berthed at a wharf and which is exclusive of any payment authorized or charge imposed under section 18;
“the Tariff“ means the wharfage rates regarded as a scheme of rates;
“the Tariff Fund” means the fund established under section 3;
“wharfinger” means the person in occupation of any public wharf and carrying on the business of landing, receiving and otherwise dealing with thereat the goods of other people;
“goods” means any article, goods, wares, merchandise, produce, being or thing, animate or inanimate, that is brought to any wharf by water with a view to its being landed thereat or which is brought to any wharf by land with a view to its being put on board ship;
“Minister”means the Minister responsible for shipping;
“wharf warrant” or “warrant” means a warrant issued under the provisions of this Act

3.-(1) There is hereby established a fund called the Tariff Fund into which shall be placed, from time to time and in the circumstances mentioned in the rules in Schedule A, and in the manner provided in those rules the Sums specified in those rules as payable by wharfingers.

(2) The T a r 8 Fund shall form part of the revenues of the Authority and accordingly may be used for the purposesprescribed in the PortAuthority Act.

4. If any whariinger or any person in his employment shall receive payment for any goods landed on or delivered at or shipped from such wharf, or for any vessel lying, or delivering, or landing thereat, or on the adjacent beach or riverside, the said person in possession shall be deemed to be carrying on the business of a wharfinger under the Licences on Trades and Business Act and the said wharf shall be declared and held to be a public wharf; and if any goods be landed or shipped at or from any beach or riverside in any harbour or port of this Island, where there is a public wharf (not being the goods of the proprietor or occupier of such beach, or goods which such proprietor or occupier has landed at or shipped from any such beach or riverside under any contract with the owner far the transport of the same by sea), the wharfinger of the nearest public wharf in such harbour or port shall, subject to the provisions in section 12 be entitled to demand and recover from the owner of such goods if known, or if unknown from the proprietor or occupier of such beach or riverside, permitting the use of such beach or riverside for such purpose, payment of the appropriate wharfage payable on such goods under the provisions of this Act.

5.-(1) Every wharfinger shall be obliged to keep or Wharfbook. cause to be kept a book, wherein shall be fairly entered the marks and numbers of all goods which shall be landed on or delivered at his wharf, and also if known, the names of the persons by whom, landed or delivered, and the names of the persons to whom the same are to be delivered, and the Ilzunes of the vessels out of or on which the said goods shall be taken or shipped, and shall also give receipts for all goods that shall be so delivered or landed at or upon his wharf; and all Revenue Officers and persons having an interest in any goods landed at or shipped from such wharf shall in respect of the entries ofsuch goods have free access to the same during the working hours of the day at such wharf; and any wharfinger who shall neglect to keep such book, and to make such entries, or to give receipts as aforesaid, or refuse access to such book, if demanded, to any officer or person as aforesaid, shall forfeit, for every offence a sum not exceeding twenty dollar.

(2) In addition to the books and receipts required by the preceding subsection to be kept and to be given respectively by wharfingers for goods landed on or delivered at wharves, every wharfinger shall upon request made during working hours in writing by the person or persons whose names shall be entered in the books of such wharfinger as the person to whom or on whose order any goods on such wharf are to be delivered, and on payment being made to such wharfinger of all charges which have accrued in respect of such goods, issue as such person or persons may direct one or more warrants in the form set forth in ScheduIe B. Such warrant shall be kept bound in counterfoil and the wharfinger shall deliver the warrant to the person making request therefor as aforesaid and shall keep the counterfoil thereof and shall also keep a book in which he shall keep entered the number and date of issue of every such warrant, the name of the person to whom it is issued, the goods represented thereby and the date of the delivery thereof or other dealing therewith and the name of the person to whom such goods are delivered or on whose order they are otherwise dealt with.

6. Every wharfinger shall either personally or by his servant on demand made during the working hours by or on behalf of the person entitled to delivery of any goods represented by any wharf warrant, and upon surrender of such warrant, and on payment being tendered for the wharfage and storage (if any) of the goods represented thereby, according to the appropriate wharfage rates fixed pursuant to this Act as applicable to the same which may have accrued after the issue of the said warrant, deliver such goods.

7. A wharfinger shall not except in accordance with sections 8 and 17 deliver or otherwise deal with any goods mentioned in any wharf warrant except upon the surrender to him of such warrant by or on behalf of the person for the time being entitled to the delivery of such goods.

8.-(1) If a wharf warrant shall be lost the wharfinger by whom the same was issued shall, upon the application of the person representing himself to be the person for the time being entitled to the delivery of the goods mentioned in such warrant and upon proof by statutory declaration that such person sustains the character in relation to such goods which he represents and of the loss of such warrant, give notice by advertisement in each issue of two newspapers published in this Island one at least of which shall be a newspaper published daily in Kingston. Such advertisement shall continue for two weeks and shall set forth the particulars of the warrant stated to have been lost

(2) If at the expiry of seven days after the last of such advertisements no one other than the person aforesaid claims to be entitled to the delivery of the goods represented by such warrant the wharfinger may deliver or otherwise deal with such goods as if the said applicant were the person for the time being entitled to the delivery of the goods represented by such warrant and had surrendered such warrant and shall cause an entry to be made both on the counterfoil of the lost warrant and in the book required by subsection (2) of section 5 to be kept that such warrant has been lost and of the advertisements which have been made of such loss before the delivery or other dealing with such goods.

(3) If the person representing himself to be the person for the time being entitled to the delivery of any goods represented by any warrant which has been lost shall require immediate delivery of such goods before the expiry of the time in this section before limited the wharfinger shall, upon receipt of the proof above mentioned and upon receipt of a sum which shall in his opinion be sufficient to cover the price of such goods, deliver or otherwise deal with the same as if the applicant were the person entitled to delivery thereof and had surrendered the warrant therefor, and if at the expiry of seven days after the last of such advertisements as aforesaid no other person shall claim to be entitled to the delivery of the said goods he shall refund the sum so deposited with him to the person depositing the same.

9. A wharfinger shall not issue more than one warrant for the same goods, provided, however, that every wharfinger shall on demand in writing made during working hours by the person entitled to delivery of any goods represented by a wharf warrant upon surrender to him of such warrant, issue to such person two or more warrants each for such parts not being less than one complete package of the goods represented by such warrant as such person shall request

10. The person for the time being entitled to the delivery of goods represented by a wharf warrant shall be the person whose name is set forth in such warrant as the person to whom such goods are to be delivered or if such warrant be specially endorsed the person to whom the same is last endorsed, or if such warrant be generally endorsed then the bearer thereof.

11. No wharf warrant shall be deemed to have been surrendered unless it is endorsed by the person for the time being entitled to the delivery of the goods represented thereby and is delivered to the wharfinger who issued the same with a view to its being retained by him.

12. Every wharfinger is hereby obliged, to the extent of the accommodation available, to receive, ship or deliver all goods, wares and merchandise, other than explosives, brought to his wharf and to put into a good proper store or stores, or other safe and dry place, such of the goods, wares and merchandise as are liable to damage by exposure and are by custom ordinarily placed in stores, and to weigh, gauge, measure, count or examine, according to their nature and quality, all goods, wares and merchandise when received or landed, and if thereto required when delivered or shipped at his wharf.

For the purposes of this section, coconuts, coals, dyewood, bitter wood, cedar, mahogany, and other woods, lumber, shingles, and heavy pieces of machinery are to be considered goods which it shall not be necessary to place in a store.

In any case in which any goods shall be refused to be received for want of accommodation and the owner of such goods lands or delivers such goods on any other wharf, beach or riverside he shall not thereby render himself liable to wharfage rates under section 4.

13. Every wharfinger shall, either personally or by his servant, on demand made during the working hours by or on behalf of the person or persons whose names shall be entered in the books of such wharf as the person or persons to whom or on whose order any goods on such wharf are to be delivered, and on production of the bill of lading, ticket, receipt, or other voucher therefor, and on payment being tendered for the wharfage and storage (if any) of such goods, according to the appropriate wharfage rates fixed pursuant to this Act as applicable to the same, deliver such goods or any part of them :

Provided nevertheless that nothing in this section shall be deemed to deprive or affect the general lien conferred by law on wharfingers on goods received into their custody or possession for wharfage dues payable by the owner thereof, whether before or after the passing of this Act.

14. Every wharfinger shall erect and maintain on his wharf a proper crane for landing goods, and adequate sheds, or other places of security for storing such goods as may be brought to the same; and no articles liable to damage from exposure shall be allowed to remain exposed longer than the time necessary for removing them to the said sheds or places of security; and every description of goods liable to damage from contact with the ground shall be placed on skids of the height of four inches at least from the ground, and be properly secured, under a penalty, not exceeding four dollars for every day in default, irrespective of liability to an action at law for damages in respect of any goods which for want of such precaution shall be damaged or shall be lost or stolen from such wharf.

15. Every wharfinger is hereby obliged, within thirty days after the 30th day of June and the 31st day of December in every year, to make a declaration before a Justice, that the accounts entered in his wharf book from the day of preceding (being the day on which he commenced to keep the said wharf, or the day up to which he had previously made the declaration under this Act) are just and true, and in conformity with the law in that respect; and every such declaration shall be entered in the said wharf book at the close of the entries therein for the immediately preceding six months, which declaration shall be in the words, or to the effect following to make

I, A. B., wharfinger of do declare that all the accounts of wharfage, storage, weighing, prices, shipping, receival, and delivery of all goods, wares and merchandise, brought to this wharf from the day of to the day of are just and true, and entered to the best of my knowledge and belief, in pursuance of, and in conformity to the directions of the Wharfage Act.

Taken and declared at before me this day of 19 .

C.D., (J.P.)

and the entries in such book, so declared to as hereinbefore directed, or examined extracts from or copies thereof duly declared to before a Justice, under the provisions of the Voluntary Declarations Act, shall be received, deemed and taken in the several Courts of Law and Equity of this Island, as good and valid evidence of the several matters entered in such book in compliance with the provisions of this section.

16.-(1) If any wharfinger shall neglect or refuse to do and perform his duty in any of the particulars hereinbefore set forth for which no penalty is by this Act imposed, or shall ask, demand or receive any greater or larger wharfage rates or any other payments in respect of the use of the wharf than are fixed by law, he shall be guilty of an offence under this Act and shall on conviction before a Resident Magistrate be liable to imprisonment for a term not exceed ing six months or to a penalty not exceeding four hundred dollars, and in the case of a continuing offence to a further penalty not exceeding forty dollars for each day on which the offence continues.

(2) Any person, other than the wharfinger of a wharf, who except with the prior approval of the Authority demands or receives in respect of that wharf any payment whatsoever in respect of the use of the wharf shall be guilty of an offence and liable on conviction before a Resident Magistrate to imprisonment for a term not exceeding six months, or to a penalty not exceeding four hundred dollars and in the case of a continuing offence to a further penalty not exceeding forty dollars for each day on which the offence continues. (3) Where a body corporate is guilty of an offence against this section, every director of the body corporate shall, unless he is proved to have been ignorant of or to have attempted to prevent the commission of that offence, be liable to the same penalty as if he had committed the offence.

17.-(1) The wharfage rates payable under this Act shall be such rates as may from time to time be fixed pursuant to the provisions of Schedule A.

(2) The wharfage rates aforesaid shall in the case of any goods landed at any wharf include and cover the receiving from the ship’s side if the ship be alongside the wharf, and, if not, from the lighter bringing the same, and the stowing, shedding, weighing, skidding, gauging, properly securing, and delivering together with all labour involved therein, and, in the case of goods received for shipment, the wharfage rates shall include and cover the receiving and delivery to the ship, if the ship be alongside the wharf, and, if not, to the lighter that is to take the same, together with all labour involved therein : Provided that as to gauging the wharfinger shall not be called upon to gauge any rum or other spirits in any store or warehouse which is secured under revenue lock.

18.--(1) In the case of any wharf at the Harbour of Kingston--

(a) the wharfage payable on goods landed thereat shall cover and include the storing of such goods for a period of seven clear days from the date of the landing thereof or, where such goods are landed for the purpose of trans-shipment such period as the Authority may in each particular case allow; and in the case of goods received for shipment such wharfage shall cover storing for a period of seven clear days prior to the arrival of the ship by which they are to be shipped;

(b)the Minister may from time to time by order, which shall be subject to negative resolution of the House of Representatives, prescribe the rates at which additional sums shall be payable in respect of goods left on a wharf after the period allowed by paragraph (a),and any such order-

(i) shall specify the periods of time covered by such rates and may specify different rates for different periods during which goods remain on a wharf after the period of seven clear days aforesaid; and

(ii) may contain such consequential, supplemental, ancillary or transitional provisions as appear to the Minister to be necessary or expedient for the purpose of carrying the order into effect;

(c) notwithstanding anything to the contrary in this Act and subject to the provisions of the Customs Act, where any goods remain on a wharf after the period allowed by paragraph (a)the wharfinger may send by registered post to the consignee or exporter, as the case may be, or his agent, notice in writing to remove them within such time, being not less than five clear days after the day of the posting of the notice, as may be specified therein and, in default of compliance with such notice, the wharfinger may remove the goods or cause them to be removed to an approved warehouse; and where a wharfinger removes goods or causes goods to be removed as aforesaid, he shall- (i) be entitled to recover the actual cost of such removal as if the same were storage due on such goods; and (ii) be liable to pay to the keeper or occupier of the approved warehouse to which the goods have been removed such charges as may be payable by virtue of regulations made under subsection (3) of section 19, and such payment shall entitle the consignee or exporter, as the case may be, to the storing of such goods in such approved warehouse for such period as may be allowed by the said regulations.

A notice in accordance with the foregoing provisions of this paragraph is duly given if sent by post as aforesaid to the last-known place of business or abode of the addressee. 2 (b). (2) Notwithstanding anything to the contrary, the Minister may from time to time by order vary the period of storage allowed by paragraph (a) of subsection (1) and thereupon any reference to such period in this Act shall be construed as a reference to the period prescribed by the Minister.

19.-(1) The Minister may upon the application of the owner or occupier of any premises appoint such premises to be an approved warehouse for the purposes of paragraph (c) of section 18 subject to such conditions and restrictions as the Minister may from time to time impose. warehouses.

(2) Where a wharfinger has removed goods, or caused goods to be removed, to an approved warehouse pursuant to paragraph (c) of section 18, such goods shall during the period they are stored in such warehouse be deemed to be in the possession of the wharfinger, and the provisions of this Act shall apply to such goods as if they remained stored on his wharf.

(3) The Minister may make regulations generally for the fixing from time to time by the Authority of the rates of charges payable to the keepers or occupiers of approved warehouses to which goods are removed as aforesaid, and without prejudice to the generality of the powers hereby conferred may make regulations-

(a) for the making of representations to the Authority by persons likely to be affected by such rates;

(b) for the hearing by the Authority of representations in relation to such rates; and

20.(1) In the case of any wharf in relation to which section 18 does not apply-

(a) subject to the provisions of paragraph (b)-

(i) the storing deemed to be covered and included in the wharfage payable on goods landed thereat shall include and cover storing for a period of three months only, such period to run from the day of landing: Provided that in the case of goods landed at any such wharf which by the terms of the bill of lading thereof are required to be landed free of charge to the consignee for landing, the period of three months shall be extended by fourteen clear days;

(ii) in the case of goods received for shipment, the wharfage from the date of such receipt shall cover and include their storing for three months prior to the arrival of the ship by which they are to be shipped;

(iii) in any case in which any such storing exceeds the period fixed in that behalf by sub-paragraph (i) or (ii), the wharfinger shall be entitled to an additional payment at the rate of one-fourth the wharfage payable in respect of the goods for every month or part of a month beyond the period fixed as aforesaid;

(b) the wharfage shall, in the case of lumber and shingles, cover a keeping on the wharf not exceeding three months, and in the case of coal or patent fuel not exceeding six months; and where lumber or shingles are left on a wharf for a period exceeding three months, the wharfinger shall be entitled to an additional payment at the rate of one-twelfth part of the original wharfage for every month or part of a month in excess of the three months; and where coal or patent fuel is left for a period exceeding six months, at the rate of 24 cents per ton additional, and at the expiration of twelve months, the wharfinger shall be entitled to charge for any such coal or patent fuel anew as if then first landed at the wharf;

(c) before any additional charge authorized by paragraph (a)or (b)is made, three clear days' notice in writing shall be given to the person chargeable either personally or to his agent to remove the same, with an intimation that, if he fails to do so, the additional charge so authorized will be payable; and in case such person or agent cannot be found such notice may be posted to the last-known place of business or abode of such person or agent;

(d) where any goods are left on a wharf after the time allowed under sub-paragraph (i) or (ii), as the case may be, of paragraph (a) a wharfinger'may, by giving notice in writing by registered post to the consignee or shippers of such goods request that such goods be removed from his wharf within such time as may be specified in such notice being not less than three months after the date of such notice; and, in default of such goods being removed, the wharfinger shall be entitled to the full wharfage for each month or part of a month during which such goods may remain on the wharf

(2) Notwithstanding anything to the contrary, the Minister may from time to time

(a) by order vary the period ofstorage allowed by subparagraph (i) or(ii)of paragraph (a)of subsection (1) or the period of keeping allowed in paragraph (b) thereof and thereupon a reference to such period in this Act shall be construed as a reference to the period prescribed by the Minister;

(b) by order, which shall be subject to negative resolution of the House ofRepresentatives, vary the rates at which additional sums shall be payable in respect of goods left on a wharf after the period of storage allowed by subparagraph (i) or (ii) of paragraph (a)of subsection (1)or the period of keeping thereof allowed by paragraph (b)thereof (or as the case may be, such other period prescribed by the Minister under paragraph (U) of this subsection) and any such order-

(i) shall specify the periods of time covered by such rates and may specify different rates for different periods during which goods remain on a wharf after the period of storage or keeping allowed as the case may be; and

(ii) may contain such consequential, supplemental ancillary or transitional provisions as appear to the Minister to be necessary or expedient for the purpose of carrying the order into effect

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