The Federal Reporter (Annotated), Volume 174: Cases Argued and Determined in the Circuit Courts of Appeals and Circuit and District Courts of the United States. January-March, 1910. Page: 280
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174 FEDERAL REPORTER.
The libellant says, in its brief, in the first mentioned action:
"The only question in this case is whether the vessel delivered 49,612 cargo
bags of sugar as the libellant claims, or only 49,423 as the respondent claims."
The respondent, in its brief in the same action, says:
"Respondent Claims a short delivery of 87 bags, the value whereof, $499.58,
has been deducted from the freight money."
Other features of the controversy are mentioned below in the con-
sideration of the case of the S. S. Salfordia.
S. S. Baron Cawdor.
First considering the Hogarth case, the libellant's claim is based
upon the testimony of the tally men who kept a record of what they
claimed was discharged by the vessel. Their tally books, however, do
not commend themselves favorably because there are admitted errors
in them, for example on June 23d, one of the tally men recorded a dis-
charge of 1,771 bags while his companion, who was keeping tally in
practically the same place has it on his book that 1,759 bags were dis-
charged. On the same day there was a discrepancy between 1,831 bags
and 1,838 bags. The appearance of the books otherwise was not such
as to create an impression of their reliability.
On the other hand, the tally kept by the Refining Company appears
to be correct and is corroborated by a transcript from the weighers'
dock book, filed in the Custom House and certified by an assistant
Deputy Surveyor of the Port. This was not proved in detail but
formal proof thereof was waived by the libellant.
With respect to the transcript, it is provided that if any part of a ves-
sel's cargo is unloaded without a permit by the proper officer of the
customs, the officer in command of the vessel shall be liable to a penalty
(Rev. St. U. S. 2867 [U. S. Comp. St. 1901, p. 1908]); that the said
permit shall specify the number and description of the packages (Id.
2870 [page 19091); that the master, with certain exceptions, shall
be liable to a penalty in case of shortage (Id. 2887 [page 1916]).
It is made the duty of the U. S. Naval Officer to examine whether the
deliveries of goods imported in a vessel correspond with the landing
permits and if there is any error or disagreement to report the same to
the collector (Id. 2627, subd. 6 [page 1811]) and the weighers, etc.,
are required to make returns of the discharge of vessels in books pre-
pared by them for the purpose and kept in the Custom House.
It is contended by the libellant that the certified copy of the tran-
script called a "freight sheet," is not proof of the statements of
weights which it contains "for any purpose except as it might show the
amount of the duty demanded by the government.". It seems, how-
ever, to come within the rule that admits in evidence records kept by
persons in public office, where they are required to write down particu-
lar transactions occurring in the course of their duties. Greenleaf on
Evid. 483; Gait v. Galloway, 4 Pet. 332, 341, 7 L. Ed. 876. Here
was a record kept in the manner indicated and it contains this notation,
opposite an entry of 500 bags, viz.: "87 not found 413 bags," and the
weight column shows 90,508 (pounds) while the remaining entries of
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The Federal Reporter (Annotated), Volume 174: Cases Argued and Determined in the Circuit Courts of Appeals and Circuit and District Courts of the United States. January-March, 1910., legislative document, 1910; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38220/m1/292/: accessed July 27, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.