Hill. 2 Car.
TRESPASS for breaking a vessel and carrying away, her fails. The defendant justified under a warrant from the Admiralty-Court, to arrest the vessel, and in salvo custodire, by force of which he entered the vessel and carried away the sails, which is the same trespass.
Athow, Serj.
The breaking the vessel is not answered, therefore he had no authority to carry away any thing.
Curia.
The plea is well enough, for the entry in the vessel is a breaking in law, as clausum fregit, &c.
2. He may carry the sails away; for that is the usual manner of proceeding, which is supported by reason, for he cannot salvo cuslodire her, without taking the sails away. Codb. 385.