case VINKESTINE against ebden Michaelmas term will roll good of a ship may be  distrain for the portduty of good ship on board it S c Mod S c salk S c Carth  S c holt S c ld ray S c ray Ent trover for a anchor sail and cable on not  guilty a special verdict find that the will of Newcastle be a ancient will and  incorporate time out of mind know by the name of mayor and burgess of  Newcastle that within the will there have be a custom time out of mind for the  mayor and burgess from time to time to repair the port of the will that in  consideration thereof they have use to have a toll of fivepence a chaldron of  all coal export and that for default of payment they have use by their  waterbailiff for the time be to distrain qucunque good of the exporter who  refuse to pay the toll queen per law terr to be distringibilia then they find  that the defendant be waterbailiff constitute debt is owed modus by the mayor  and burgess that the plaintiff load so many chaldron of coal the duty whereof  amount to seven pound that the exporter refuse to pay it and therefore the say  anchor sail and cable be part of the tackle of the say ship of the plaintiff  the defendant take they as distress for the toll c and if these good be in  tali grammatical case per law terr distringibilia they find for the defendant  if not for the plaintiff and judgement be give for the defendant though it be  object that the prescription here be for take good of one man for the offence  of another for it be to take the good of the exporter which be the owner and  not the master of the ship but here the good be take from the master and  therefore ill say per holt chief justice though to speak proper in the way of  trade the owner of the good be the exporter yet as to the duty of the port the  master of the ship be the exporter and satisfy and discharge all such duty for  it will be very unreasonable to force the mayor and burgess to go and find out  the modern report merchant who be the owner and the constant usage be very  reasonable for without port there will be no navigation and without port duty  they can not be repair the duty be to be pay by the trader who be to reap the  benefit of the port and though it be true that a horse can be distrain for  rend in a smith shop a yet there be no such restriction where the distress be  for personal duty the duty in this case arise out of the good load to be  export and by their be load the duty commence and the ship become Chargeable  and a strong any part of it without doubt any other good of the person who  ought to pay the duty may be distrain as well as those for which the duty be  Payable therefore judgement be give for the plaintiff