7. Presumably Horne v. Boosey, 2
Str. 952, 93
Eng. Rep. 963 (
K.B. 1733): Trover held to lie against a tidesman (a minor official charged with searching
vessels for prohibited goods), who had seized goods ashore and had them condemned
in the Exchequer. The Court noted a distinction between a seizure by “a proper officer,”
which could be attacked only in the Exchequer, and the seizure by this defendant,
“who could not enter a house without a writ of assistance and a peace officer, the
words of his warrant being so restrained.” See
Quincy, Reports (Appendix) 470 note.