Page:Federal Reporter, 1st Series, Volume 1.djvu/638

630 FEDERAL REPORTER. �store carman. The custom-house does not assume any such possession or custody of the goods while on the pier as relieves the ship from^their safe-keeping till they are deliv- ered in due course of business to the public store carman. The pier was in the exclusive occupation of the claimants, and the gates at the head of the pier were locked bythem at night. Custom-house inspectors remained on the pier during the night. In the present case the necessary order authoriz- ing the custom-house inspecter to have these eight cases sent to the public store was not received by them at the pier in season for them to be carted away on Tuesday afternoon, and in fact the goods did not pass the inspectors and receive their mark showing their destination that day. This was done as to the seven cases that remained the next morning. �Whether this delay was unusual in the routine of custom- house business, or if so who was chargeable with fault in this delay, is not shown. Nor does it appear that the libel- lant could have done anything to prevent the delay in carting the goods to the public store. Nor if he had gone to the pier could he have taken the goods away. Under these circum- stances, it is clear that he is not chargeable with any unrea- sonable neglect to receive the goods. The course of business on the part of the claimants as to goods destined for the public store was shown to be such that there was no delivery of them until their delivery to the public carman. See the St. Lau- rent, 7 Ben. 7; The Ville de Paris, 3 Ben. 276; Carnana v. Packet Co. 6 Ben, 617. �4. It is al'so insisted that the claimants used proper dili- gence in the watching of the goods during the night. The pier was about 700 feet long, and was covered by a close shed, in which there were left five openings, two on one side, and three on the other. The interior of the shed was well lighted with gas. These goods were lying nearly opposite one of the openings, and about 200 feet from the gate at tha inner end of the pier. The pier is open underncath, so that small boats can pass through from side to side. �Claimants employed one watchman, who, about half past 1 o'clock, heard a noise at the lower end of the pier. Befora ��� �