Cap. 352 Art. 18PowerofAuthority to sell goods.

(1) Notwithstanding any lien or privilege mentioned in articles 15 and 16, if the rates payable to the Authority in respect of any goods are not paid, the Authority may, after the expiration of ninety days from the time the goods were placed in its custody or that of the contractor, or if the goods are of a perishable nature after such earlier period, not being less than twenty-four hours, after the landing of the goods, as the Authority considers appropriate, sell by public auction the said goods or so much as is necessary to meet the expenses, and pay the rates and other claims hereinafter directed to be paid out of the proceeds of such sale.

(2) Before making such sale ten days’ notice of the same shall be given in the Gazette unless the goods are of so perishable a nature as, in the opinion of the Authority, to render their immediate sale necessary or advisable, in which event such notice shall be given as the urgency of the case requires.

(3) 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 delivered to the Authority, or is otherwise known, and such address is in Malta notice shall also be given to the owner of such goods by letter delivered at such address or sent by post; but the title of a bona fide purchaser shall not be invalidated by reason of the omission to send the said notice, nor shall such purchaser be required to inquire whether such notice has been sent.

(4) If at the auction held under this article any of the goods remain unsold, the Authority shall dispose of them in such manner following order:

(a) in payment of the expenses of the sale or disposal;

(b) in payment of the rates and expenses due to the Authority in respect of the goods;

(c) in payment of the freight and other claims or lien or privilege of which notice has been given under article 16;

(d) in payment of any customs or excise duty or levy which may be due on the goods;

and any surplus, if any, shall be paid to the owner of the goods on demand: Provided that where the proceeds of any such sale or disposal are not sufficient to cover the duties or levies referred to in paragraph (d) hereof, the said sale or disposal shall still be proceeded with and the said duties or levies shall be deemed to be reduced to such sum, if any, as remains for the payment thereof.

(2) If no such demand as aforesaid is made within one year from the sale of goods, the surplus shall be retained by the Authority, and thereupon all rights of the owner to the same shall be extinguished.