case BLAINFIELD against march Qure if the inventory and sale of a dead seaman  property at the mast be conclusive evidence of their value or the practice of  mastselling legal in trover by a administrator on the possession of the  intestate it can on the general issue be give in evidence that the decease  make a will and that the executor be live S C ld ray S c salk S c holt a  seaman die in the voyage and the captain accord to the usage among they upon  such occasion take all his good and sell they at the mast and make a inventory  of they and of the rate he sell they at and deliver it to the administratrix  at his return the administratrix bring a action of trover for the thing just  as they be mention in the inventory and recover just the value for which they  be sell in damage but holt chief justice hold at the trial of this cause at  guildhall this usage of sell the good of dead seaman at the mast to be void  the plaintiff declare of a possession of the intestate and of a loss by he in  his modern er p lifetime and lie the conversion to be in his own time and the  defendant plead not guilty Branthwaite for the defendant offer to give in  evidence that there be a executor alive and so the property out of the  plaintiff by the will holt chief justice hold that this be trover upon the  possession of the intestate and not guilty plead the defendant can not give in  evidence a will make and executor appoint but that it ought to have be plead  in abatement but if trover have be on the possession of the administrator  there upon not guilty he may take advantage of that matter in evidence and if  a executor bring trover upon the possession of his testator upon not guilty he  shall not be put to prove himself executor but otherwise if he have bring it  upon his own possession one item in the declaration be that the intestate have  be possess of dvodecim dimid suitcase de spirit with a dash as here England  twelve half case of spirit and also fifty gallon aquae callidae England hot  water Branthwaite in arrest of judgement move first that it be uncertain what  be mean by case second that the quantity ought to appear three that spirit be  of a uncertain sense fourthly that it ought to have be put into Latin since it  have a Latin word or with a frame word and a England see Geo c and Geo c a for  if word be so uncertain lie that it be not know what be mean by they it be ill  but if they be insensible word no damage shall modern be intend to be give for  they and this be agree to by the court and they all hold that trover will lie  for a case or a tub because it be a individual thing but if one bring trover  for a tub of water or a tub of beer without show how much it contain they  incline that it be uncertain though it shall be understand to be for the tub  and the beer but it be agree it will lie for a trunk of linen for a library of  book c Montague contra in the case of Herbert v LaneStiles b a action of  trover be bring by a carrier for a trunk of linen and other matter and it be  hold good after verdict a action for burn the defendant barn per quod he lose  several good et quaedam ornament pro horse have be hold good after verdict keb  c in Ventris vent d there be the rule before put that if word be insensible  damage be not give for they and if they have any certain sense then it will be  well he say a case of brandy or a case of spirit be as well know among seaman  as a hundred of fruit or a bottle of wine among other trover for good to the  value of three hundred pound be good roll Rep e for two plancis granary  England plank of a granary have be hold good because confine to a certain use  and place side f so also for a library of book without say how many or what  book style g it be good for a piece of brandy lev h for a certain parcel fili  sand a so also for ten pair tegulorum et to cover England curtain and vallance  lev side side b so also de three struib fni England three cock of hay keb c de  twelve fili England a dozen of thread lev d de to make one messuagio England  the sign of the cross key style e so also de to make one lead c and for a sack  of cornWood v smith cro James f holt chief justice one may have trover for a  piece though some piece be large than other and a library of book be easy  ascertain by the place they be in and ask what they be worth in the whole ld  raym g and he put the case of trover of so many ralis et palis England rail  and palesSee Com dig h and though here the word gallon be say to have a  certain Latin name that be congius yet holt chief justice say our gallon be  not the same with that of the Roman the case be move at another day upon the  word spirit which be say modern er p be English whereas by the statute of  Henry the six see Bl Com I all plead be to be in Latin the court hold that a  case of spirit be certain enough and that spirit with a dash may be well  modern take for breath and there be the word galo galonis or galoma galonae to  be meet with in Spelman for a English measure contain eight pint call a gallon  and per totan curian the plaintiff have judgement