SPROULE J. I do not propose to give detailed reasons for my findings of fact in this case upon all the points in issue, because no sane person who saw and heard the witnesses could help rejecting the evidence in general on plaintiff's side or preferring that for the defence.

Plaintiff imports tobacco leaf from Rangoon by the first defendant's steamers. The second defendants are wealthy landing contractors and lightermen. The first defendants for years have run steamers arriving in Penang from Rangoon every Sunday morning and anchoring in mid-stream. Their principal cargo is rice, which is usually discharged into consignee's own lighters. These steamers also carry much miscellaneous cargo in smaller consignments, as for example rope wax, and tobacco leaf. Any consignee may send his own lighter alongside and take delivery of his goods by producing a delivery order. But a custom has been long established whereby the ship's agents, Messrs. Islay Kerr and Co., in the interests of quick dispatch, and for the convenience of the ship as well as of the smaller consignees, requisition lighters from the second defendants. These take overside all cargo not collected by consignees themselves. It is brought ashore and landed on Weld Quay. If not delivered forthwith to the consignee, the goods are stored in the second defendants' godowns or, if dutiable, in the Government Bonded Warehouse, and in either case, held there in the name of Messrs. Islay Kerr & Co. until delivery upon production of a Delivery Order. The first defendants are empowered to do this by a clause in their Bills of Lading which I extract:-

"The company is to have the option of delivering these goods or any part thereof into receiving ship, or boat or craft, or landing them at the risk and expense of the shipper or consignee as per scale of charges to be seen at the Agent's offices, and is also to be at liberty until delivery to store the goods or any part thereof into any receiving ship, godown or upon any wharf, the usual charges thereof being payable by the shipper or consignee. The company shall have a lien on all or any part of the goods against expenses incurred on the whole or any part of the shipment."

In practice, there is no scale of charges to be seen at the Agent's offices. It is exhibited at the second defendant, the landing contractor's offices, the rates having been sanctioned and approved by Messrs. Islay, Kerr & Co. In practice, moreover, these charges are not collected by the Agents but by the contractors. The lien, again, would ordinarily be discharged by payment at the time of or prior to issue of the delivery order. The custom, however, arising out of the regularity of the steamer service, and the second defendant's desire to please regular customers, is that second defendant usually takes the risk and responsibility of collecting charges for landing, handling and storage, by monthly bills.

The same regularity of the Rangoon Sunday steamers has resulted in other customs. The Manifest and consignees' letters with bills of lading and other documents are brought ashore on Sunday morning to the Agent's offices. Consignees attend there on Sunday for their letters and for inspection of the Manifest. The Agents are able readily to estimate from the Manifest how many lighters they are likely to require. They give their order to the second defendant, who sends the requisite number, takes delivery overside on behalf of the Agents on the Sunday, and is able on Monday morning to discharge the lighters at the Quay-side.

On Sunday morning, 5th September, 1926, the first defendants' s.s. Egra arrived from Rangoon. The Manifest and consignees' letters were landed. A number of lighters was requisitioned from the second defendant and sent to the steamer, including Lighter 37, to take cargo not claimed by consignees' own agents and lighters. All returned the same night to their moorings off Weld Quay, and Lighter 37 in particular was alongside the Quay and