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Horn v Ivy

Nominate Series English Reports Cited in 1 Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1726
Date01 January 1726
CourtCourt of the King's Bench

English Reports Citation: 86 E.R. 33

IN THE KING'S BENCH, EXCHEQUER, COURT OF CHANCERY

Horn
and
Ivy

horn versus ivy. 1 Sid. 441. 1 Mod. 18. 2 Keb. 567, 604. Fide antea 1, &c. ibid. In trespass for taking of a ship and sails, the defendant justified by a command from the governours and society of the trade into the Canaries, who were incorporated òby that name, and had the sole trade granted to them, with a forfeiture of all such K. B. xv.-2 34 MICH. ANNO 21 CAR. II. IN B. R. 1 VENTRIS, 48. goods as should be imported hither from thence, by any person not of their company ; and that the ship of the plaintiff brought goods from thence. To this the plaintiff demurred. His counsel did not much insist upon the validity of the patent, because it was a monopoly ; though it was said to be also against divers statutes, to prohibit merchants free trading to foreign parts, as 9 E. 3, cap. 1. 25 Ed. 3, cap. 2. HE. 2, cap. 7, and that there could grow no forfeiture of goods by patent, at least not before conviction. Neither were the words of the patent very full to this purpose, for they were only, that they should forfeit such ships and goods, and be imprisoned as by law could be inflicted upon the contemners of the King's authority, 8 Co. 125. Noy 183. And the Court said the question was, whether the King could prohibit the importation of foreign goods; for if he might, the importation of them would cause them to be forfeited; and the Chief Justice said, the ship also in which they were shipped: but no forfeiture of English goods could grow by letters patents. And admitting all this for the defendant, yet it was said the plea was naught. First, because he justified by a command from a corporation, and did not alledge it to be by deed : and it was agreed, that a corporation might employ one in ordinary services without deed, as to be butler. 18 Ed. 4, 8, Br. Corp. 59, [48] or the like : but one could not appear in an assize as a bailiff to a...

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