Malaysia legislation
Section 53
Section 53
(a)
in the case of goods for which a through bill of lading has been issued there shall be substituted a period of forty-two days for the period of twenty-one days referred to in this subsection; and
(b)
if the goods are of a perishable nature the Commission may direct their removal within such shorter period, not being less than twenty-four hours after the landing thereof, as the Commission may think fit, and the said power of sale may be exercised at the expiration of such period.
Penang Port Commission 41
(2)
For the purposes of subsection (1) a sale shall not be rendered invalid by reason only that it takes place on premises or in an area to which the public is not admitted except on presentation of a pass.
(3)
Before making the sale the Commission shall give three days’ notice thereof by advertisement in two local newspapers circulating in the State unless the goods are of so perishable a nature as in the opinion of the Commission to render their immediate sale necessary or advisable, in which event such notice shall be given as the urgency of the case permits.
(4)
If the address of the owner of the goods or of his agent has been stated on the manifest of the cargo, or in any of the documents which have come into the hands of the Commission, or is otherwise known, and the address is within the State, notice shall also be given to the owner of the goods by letter delivered at that address or sent by post and notice shall in like manner be given to the agent of the discharging vessel; but the title of a bone fide purchaser shall not be invalidated by reason of the omission to send the said notice, nor shall any such purchaser be bound to inquire whether the notice has been sent.
(5)
The proceeds of sale shall be applied by the Commission as follows and in the following order:
(a)
firstly, in payment of any duty payable to the
Government;
(b)
secondly, in payment of the expenses of sale;
(c)
thirdly, in payment of the rates, charges and expenses due to the Commission in respect of the goods; and
(d)
fourthly, in payment of freight and other claims or liens of which notice under the Merchant Shipping
Ordinance,1952, has been given, and by rendering the surplus, if any, to the person entitled thereto on demand, and, in case no such demand is made within one year from the sale of the goods, by paying the surplus to the general account of the Commission, whereupon all rights to the same by that person shall be extinguished.
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Power to distrain for non-payment of rates, etc.