William Scott (who Prosecutes for HM and Himself), Plaintiff, against David A'Chez, Defendant
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1743 |
| Date | 01 January 1743 |
| Court | Exchequer |
English Reports Citation: 145 E.R. 702
IN THE COURT OF EXCHEQUER
[21] thinity term, 10 & 17 geo. 2, 1743. W[f,LiAM scott (who Prosecutes for His Majesty and Himself), Plaintiff, against david A'CHBZ, Defendant.-An English built ship, importing French wines and vinegar from France, is forfeited by the Navigation Act, though such ship became French property before the importation, and the master and three-fourths of the mariners were Frenchmen. This cause was intended for a second argument, but the defendant's solicitor informed me, that his client declined it, and would rest his cause upon the first argument; and therefore I delivered the resolution of the court in the following manner, on the 14th of June, in this term. It is an information grounded upon the statute of 12 Car. 2, c. 18, commonly called the Navigation Act; and sets forth, thnt the plaintiff seized the ship called the " Sea Horse," with her tackle, apparel and furniture, and a parcel of wine and vinegar ; for that the said goods were brought and imported in the said ship from parts beyond the seas into Great Britain, the said ship, at the time of the importation of the said goods, not being a ship which truly and without fraud belonged or appertained to the people of England, as the true owners or [22] proprietors thereof, and whose master, and three-fourth parts of the mariners, at least, were English ; nor being a ship of the built or fabrick of that country or place of which the said goods were the growth, product or manufacture, or of that port where the said goods only can or are most usually first shipped for transportation, and whose master, and three fourth parts of the mariners, at least, were of that countr}7 or place, contrary to the statute. And the prayer of the information is, that the ship and goods may remain forfeited. Upon which a writ of appraisement went out, and on the 30th of April 1742, was returned. On this peizure, David A'Chez, merchant, entered his claim ; and after oyer of the information: pleaded, that the goods mentioned in the information, or any part of them, were not iipported from parts beyond the seas into Great Britain in the said ship contrary to :the statute; upon which Mr. Attorney General joined issue. This issi^e came on to be tried on Thursday the 8th of July last, before my brother Garter, andjthe jury found a special verdict. That the1 ship mentioned in the information was English built, and not of the built of France. That the ship, during the present war with Spain, and before the importation in question, [23] was taken by a Spanish privateer, and condemned us prize, and regularly sold to a subject of the French King, residing in France, and became French property. PARKER, M. SCOTT V. A/CHEZ 703 The jury further find, that the wines arid vinegar seized were of the growth, production and manufacture of France, and after the said sale were imported from Bourdeaux, in France, into Great Britain, the said ship so continuing French property, and at the time of the importation not belonging to any of the people of England, as the true owner or owners thereof. That the master of the ship, and three fourths of mariners on board, at the time the wines and vinegar were imported in her, were Frenchmen. The seizure by the plaintiff Scott is found as kid in the information. But whether, upon the whole matter, the importation of the goods in the said ship is lawful or not, the jury doubt, and submit to the court. Before the making of this law, the Dutch, though they had hut little merchandize of the growth of their own country, had used to bring iti their ships the growth and manufactures of all other kingdoms in the world, wine from France and Spain, spices from the Indies, and all commodities from other countries...
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