Landing tally prevails over post-landing survey in short-landing dispute, sustaining penalty against the steamer agent.

The landing tally issued by the port authority was treated as a statutory record and preferred over the steamer survey report in determining short-landing of packages. Alleged alterations in the tally remarks could not be shown to have been made after landing, and the goods were found to be in a repaired condition at the time of unloading even on the party's own benefit. An ex parte insurance survey conducted after landing did not displace the tally record, and no inordinate delay in that survey was established. On these facts, the steamer agent was held responsible and the penalty was sustained.

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Issues: Whether the steamer agent was liable for penalty for short-landing of packages and whether the landing tally could be preferred over the steamer survey report.

Analysis: The landing tally issued by the port authority was treated as a statutory document and was preferred to the steamer survey. The alteration in the tally remarks could not be confirmed as having been made after landing, and even on giving benefit to the party, the goods were found to have been in a repaired condition at the time of unloading. The ex parte insurance survey conducted after landing was not found to displace the tally record, and there was no inordinate delay in the survey.

Conclusion: The steamer agent was held responsible and the penalty was sustained.

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