Necessity of notice by storer where goods deposited by person entrusted with possession
5 Necessity of notice by storer where goods deposited by person entrusted with possession
Subject to subsection (4) the storer shall within 3 months after the date of the deposit of the goods give notice of the lien—
to any person who has before the expiration of 2 months after the date of the deposit of the goods served upon the storer a notice, containing the prescribed particulars, of the person’s claim to be the owner of the goods or of an interest in them or to be entitled to some charge thereon or of whose interest in them the storer has received notice as prescribed; and
to the grantee or (where a transfer or assignment by the grantee has been registered under the Bills of Sale and Other Instruments Act 1955, part 2) to the transferee or assignee of a bill of sale—
which relates to the goods; and
which was granted by the person depositing the goods or by any other person of whose interest in the goods the storer has knowledge; and
which was registered in accordance with the said part 2 prior to the date of the deposit of the goods; and
which has not ceased to have any effect as to the chattels comprised therein or subject thereto or in respect of which a satisfaction has not been registered; and
to any other person of whose interest in the goods the storer at any time before the expiration of 2 months after the date of the deposit of the goods has knowledge.
The notice given by the storer under this section must be in the approved form and contain—
a sufficient description of the goods; and
a statement showing the location where the goods are stored, the date of their deposit with the storer, and the name of the person by whom they were deposited; and
a statement that a lien is claimed by the storer in respect of the goods under this Act; and
such other particulars as are prescribed.
Where the storer fails to give the notice required by this section, the storer’s lien, as against the person to whom the storer has failed to give notice, shall be void as from the expiration of the period of 3 months from the date of the deposit of the goods.
Nothing in this section requires notice of the lien to be given to the person by whom, or by whose authority, the goods were deposited with the storer.
This provision refers to the regulations (prescribed particulars
). Made under this Act:
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