Page:Federal Reporter, 1st Series, Volume 1.djvu/637

UNNEVEHB ». STEAMSHIP HINDOO. 629 �The general principle is well settled that the consignee, on receiving notice of the time and place of discharge, must attend and take his goods within a rffasonable time. Priee y. PoweU, 3 N. Y. 322 ; Sprague v. West, Abb. Adm. 552; The Santee, 2 Ben. 523 ; The Prince Albert, 5 Ben. 386; The Kath- leen Mary, S Ben. 169. But there are several reasons whj this defence is not available to this ship in the present case. No actual notice of the time aad place of disoharge was given to the libellant. The claimants rely on a constructive notice, by publication in the Journal of Commerce, and bave attempted to show a eustom or usage within which they eeek to bring this case. The evidence, if it establishes any usage in this respect, shows that the eustom of steamship companies is to give a notice of three or four days. In this case only oee day's notice waa proved. The evidence as to the usage is also coniiicting. �The fact that the libellant's agent Lq New York knew of the arrivai of the ship does not dispense with notice of the time flhe would discharge. These eight cases were, in the absence of an invoice, passed through the custom-house by the libellant's agent on Monday, the fifth day of June, upon an application for an appraisement, in such a way that it was necessary for them to go to the appraiser's store. Aecord- ingly, they were not to be received by the consignee, from the ship, like goods for which a permit was obtained. They were to go to the public store, and to be taken there by the cart- men employed by the custom-house authorities. And the proof is that the claimants land on their pier goods which are to go to the public store ; that while on the pier they pass the custom-house officer stationed there for the purpose, among other things, of passing such goods and of seeing that they do go to the public store; and when they are taken by the public store earman the ship takes the earman's receipt for them on the ship's cargo delivery book, �The proof is that the custom-house officiais merely exercise such supervision over goods, discharged as is necessary to prevent their being taken away without a permit; or, if they be not permitted goods, by any other person than the public ��� �