VICES IN GENERAL. and chattels, and in and about other the business of the said defendant, and FOR SERfor the said defendant, he the said defendant undertook," &c. (Conclude as ante, 38.)—[Add one count for work and labor generally-money paid—the account stated—and breach.] surance *The indebitatus count is as ante, 37, inserting these words, "for the work [79] and labor, care, and diligence, of the said plaintiff by him before that time As an indone, performed, and bestowed, in and about the writing, drawing, and making broker (n). out of divers policies of insurance of divers ships and vessels, goods, merchandize, and chattels, before that time written, drawn, and made out by the said plaintiff, as an insurance-broker, and in and about the causing and procuring divers persons to insure divers sums of money upon the said ships and vessels, goods, merchandize, and chattels, at the special instance and request of the said defendant, and for divers sums of money before that time advanced and paid by the said plaintiff for the said defendant, at his like request, to divers persons, as and for certain premiums and rewards, for the underwriting and subscribing the said policies of insurance, before that time underwritten and subscribed for the insurance of the said ships and vessels, goods, merchandize, and chattels, during certain voyages undertaken by the said ships and vessels, and for the trouble, care, and diligence of the said plaintiff in that behalf, at the like special instance and request of the said defendant, and being so indebted," &c. (Conclude as ante, 37.)-The quantum meruit thereon is as ante, 37, inserting as follows, " in consideration that the said plaintiff, as such insurance-broker as aforesaid, at the like special instance and request of the said defendant, had before that time done, performed, and bestowed other his work and labor, care, and diligence, in and about the writing, drawing, and making out of divers other policies of insurance of divers other ships and vessels, goods, merchandize, and chattels, of and for the said defendant, and also in and about the causing and procuring divers other persons to insure divers other sums of money upon the said ships and vessels, goods, chattels, and merchandize, and had also, at the like instance and request of the said defendant, advanced and paid divers other sums of money for the said defendant, to divers other persons, as and for certain premiums and rewards for their underwriting and subscribing of the said last-mentioned policies of insurance before that time under-written and subscribed by them for the insurance of divers other sums of money upon the said last-mentioned ships and vessels, goods, merchandize, and chattels, during certain voyages undertaken by the said lastmentioned ships and vessels; and had also, at the like instance and request of the said defendant, bestowed other his trouble, and used other care and diligence for the said defendant, he the said defendant undertook," &c. (Conclude as (n) As to these counts, see 1 Hen. Bla. 241. This count is proper where the plaintiff, in the character of broker, has got a policy effected by third persons for the defendant. When the action is at the suit of the underwriter for the premiums, the counts are as in the next precedent. The policies must be produced at the trial, 1 Stark. 139. In Broad v. Thomas, C. P. 9th July, 1830, where an action was brought by a broker a- FOR SER- ante, 38.)-[Add one indebitatus count for work and labor generally-the GENERAL. money counts—account stated—and breach.] VICES IN For premiums of insurance (0). As a sur The indebitatus count is as ante, 37, inserting these words, "for certain premiums of insurance before that time and then due and payable from the said defendant to the said plaintiff, upon, for, and in respect of his the said plaintiff having before then, at the special instance and request of the said defendant, underwritten and subscribed divers policies of insurance for and on the behalf and on the account of the said defendant, for the insurance of divers large sums of money upon divers ships and vessels, and also divers goods, merchandize, chattels, and effects by the said plaintiff before that time insured for the said defendant, and at his special instance and request, and being so indebted," &c. (Conclude as ante, 37.)-The quantum meruit thereon, which is sometimes added, though unnecessarily, is as ante, 37, inserting as follows, "had before that time insured divers other ships and vessels, also divers goods, merchandize, chattels, and effects, (or, 'divers other large sums of money upon divers other ships and vessels,' &c.) for the said defendant, he the said defendant undertook," &c. (Conclude as ante, 38.) The indebitatus count is as ante, 37, inserting these words, "for the work veyor (p) and labor, care, diligence, and attendance of the said plaintiff, by the said plaintiff before that time done, performed, and bestowed, as a surveyor, in and [*81] about the drawing of divers plans, elevations, and sections of buildings, *for the said defendant, and at his request, and in and about the surveying and superintending the erection thereof, and of divers other works for the said defendant, and at his special instance and request, and in and about the appraisement, admeasurement, and valuation of certain works, and the payment of certain workmen's bills for the said defendant, and in and about other the business of the said defendant, and at his like instance and request, and for divers journies and attendances before then made, performed, and given by the said plaintiff, in and about the business of the said defendant, and at his like instance and request; and being so indebted," &c. (Conclude as ante, 37.)—The quantum meruit thereon is as ante, 37, inserting as follows, "had before that time done, performed, and bestowed other his work and labor, care, diligence, and attendance, as a surveyor, in and about the drawing of divers other plans, elevations and sections of buildings, for the said defendant, and in and about the surveying and superintending the erection thereof, and of divers other works for the (0) This count is sufficient, 2 Lev. 153. Park. 26. In Hobson v. De Tastet, before Abbott, C. J. Guildhall, 14th Feb. 1823, the declaration was precisely in the above form; and upon Scarlett and Littledale, for defend ant, objecting that the same was insufficient, because the policies were for the benefit of third persons, and not for defendant; though on his retainer, Abbott, C. J. said, "This count has existed for upwards of 50 years. It is true the defendant is a broker, but still the business is done in the employment of defendant, and therefore the policies, as to him, are for money had and received; if the broker had not received monies from his principal, then the plaintiff could not recover." 2 Starkie, 294; Chitty Jun. on Contr. 2 ed. 462. (p) A suryeyor is to be paid according to his labor, and not according to the amount of the bills which he looked over, Peake, 103; and where a surveyor claimed 51. per cent. on the money laid out by him as such, Lord El enborough left it to the jury to say, whether this mode of charging was vicious or unreasonable, and if they thought it was, to deduct accordingly. 2 Stark. 294. See 1 C. & P. 352. {Chit. jun. on Contr. 2 ed. 462. } VICES IN GENERAL. said defendant, and in and about the appraisement, admeasurement, and valua- FOR SERtion of certain works, and the payment of certain workmen's bills for the said defendant, and in and about other the business of the said defendant, and for the said defendant, and had also, at his like special instance and request, before then made, performed, and given divers other journies and attendances in and about other the business of the said defendant, he the said defendant undertook," &c. (Conclude as ante, 38.) [Add one indebitatus assumpsit count for work and labor generally—the money counts—account stated—and breach.] The indebitatus count is as ante, 37, inserting these words, "for the work As an auc and labor, care, diligence, and attendance of the said plaintiff, by the said tioneer and appraiser plaintiff before then done, performed, and bestowed, as an auctioneer and ap- (4). praiser, in and about the selling and disposing of, and endeavoring to sell and dispose, by auction and otherwise, of divers goods, chattels, and effects, for the said defendant, and on his retainer and request, and in and about the appraising and valuing of divers other goods, chattels, and effects, for the said defendant, and at his request, and in and about other the business of the said defendant, and for the said defendant, and at his request, and for divers journies and attendances before then made, performed, and given by the said plaintiff in and about the business of the said defendant, and for the said defendant, and at his like request; and being so indebted," &c. (Conclude as ante, 37.)— The quantum meruit, thereon is as ante, 37, inserting these words, "had before then done, performed and bestowed other his work and labor, care, diligence, and attendance as an auctioneer and appraiser in and about the selling and disposing, and endeavoring to sell and dispose of, by auction and otherwise, of divers goods, chattels, and effects for the said defendant, and on his retainer and request, and in and about the appraising and valuing of divers other goods, chattels, and effects for the said defendant, and at his like request, and in and about other the business of the said defendant, and for the said defendant, and at his request, and had also before then made, performed, and given divers other journies and attendances for the said defendant, and at his request, he the said defendant undertook," &c. (Conclude as ante, 38.) The indebitatus count is as ante, 37, inserting these words, "for the work As an acand labor, care, diligence, journeys, and attendances of the said plaintiff, countant. by him the said plaintiff before that time done, performed, and bestowed, as an accountant and otherwise, in and about the investigating, copying, writing, making extracts from, making out, settling, arranging, managing, and adjusting, and endeavoring to investigate, copy, write, make extracts from, make out, settle, arrange, manage, and adjust, divers accounts, bills, debts, documents and writings for the said defendant, and at his request, and in and about other the business of the said defendant, and for the said defendant, and at his like request; and also for divers materials, quantities of paper, pens, ink, and other necessary things before then found and provided, and used and (q) If an auctioneer, employed to sell an any compensation for his services, 3 Campb. estate, is guilty of negligence, whereby the 451. M'Clel. Rep. 25. sale becomes nugatory, he is not entitled to VICES IN GENERAL. FOR SER- applied by the said plaintiff in and about the said work and labor, care, and diligence of the said plaintiff for the said defendant, and at his special instance and request; and being so indebted," &c. (Conclude as ante, 37.)— The quantum meruit thereon is as ante, 37, inserting as follows, "had before that time done, performed, and bestowed other his work and labor, care, diligence, journeys, and attendances as an accountant and otherwise, in and about the investigating, copying, writing, making extracts from, making out, settling, arranging, managing, and adjusting, and endeavoring to investigate, copy, write, make extracts from, make out, settle, arrange, manage, and adjust, divers other accounts, bills, debts, documents, and writings for the said defendant, and in and about other the business of the said defendant, and for the said defendant; and had also, at the like special instance and request of the said defendant, before then found and provided, and used and applied in and about the said work and labor, care, and diligence, divers other materials, quantities of paper, pens, and ink, and other necessary things for the said defendant, he the said defendant undertook," &c. (Conclude as ante, 38.)[Add counts for work and labor generally-money counts-account statedand breach.] As a schoolmaster, and for books, board, and lodging, &c. (r). The indebitatus count is as ante, 37, inserting these words, "for the work and labor, care, diligence and attendance of the said plaintiff, by him the said plaintiff and his servants and teachers before that time done, performed, and bestowed for the said defendant as a school-master, in and about the teaching and instructing of divers infants and persons (s), in reading, writing, arithmetic, and in divers languages, drawing, and dancing, good manners, and other necessary and useful accomplishments and qualifications, and at the special instance and request of the said defendant*, and for divers books, pens, chattels, and other necessary things, by the said plaintiff before that time found and provided, and used and employed in and about that work and labor for the said defendant, and at his like special instance and request, and also for meat, drink, washing, lodging, chattels, and other necessaries by the said plaintiff before that time found and provided for the said infants and persons, and at the like special instance and request of the said defendant; and being [ *82] so indebted," &c. (Conclude as ante, 37.)—The *quantum meruit thereon is as ante, 37, inserting as follows," had before that time done, performed, and bestowed other his work and labor, care, diligence, and attendance for the said defendant as a school-master, in and about the teaching and instructing of divers other infants and persons in reading, writing, arithmetic, and in divers languages, drawing, and dancing, good manners, and other useful and necessary accomplishments and qualifications; and had also at the like special instance and request of the said defendant, before that time found and provided divers other books, pens, chattels, and other necessary things, and used (r) See 2 New Rep. 333, and the prece dent, Morg. 12. If there be a claim for taking away a scholar before notice, the plaintiff should declare specially, see post, 259; though according to 2 New Rep. 333, it may be recovered under the common count. The plaintiff may recover under the common counts for work and labor, &c. for the whole quarter, though the defendant's child was taken away in the middle of it.-5 Bingh. 132. (s) It is usual here to say, of one E. F. the infant son of the said defendant,” but this is unnecessary, and may be dangerous in proof. VICES IN and employed the same in and about the said last-mentioned work and labor FOR SERfor the said defendant, and had also at the like special instance and request GENERAL. of the said defendant, found and provided other meat, drink, washing, lodg ing, chattels, and other necessaries for the said last-mentioned infants and persons, he the said defendant undertook," &c. (Conclude as ante, 38.)— [Add one indebitatus assumpsit count for work and labor generally-one for goods sold money lent-paid—account stated—and breach.] and for en If there be a demand for entrance-money, proceed as in the above indebitatus The like, count, inserting, at the asterisk, the following words, "and for certain trance entrance-money before that time and then due and payable from the said de- money. fendant to the said plaintiff, upon, for, and in respect of the admission of the said infants and persons into the school of the said plaintiff, for the purpose of being taught and instructed as aforesaid." If the action be for instruction by the plaintiff's wife as a school-mistress, it is not advisable for her to join in the action, (unless the demand accrued before marriage) (t), and the count may as well state, "for the work, &c. of E. F. the wife of the said plaintiff," &c.(If it be for taking children away without notice given, add a special count, as post, 259. 2 New Rep. 333.) [*83] geon and As a sur ry, and for medicines, &c. and for inoculat ing a child *The indebitatus count is as ante, 37, inserting these words, " for the work and labor, care, diligence, journies, and attendance of the said plaintiff, by the said plaintiff before that time done, performed, and bestowed, as a surgeon and apothecaapothecary for the said defendant, and at his special instance and request, in and about the healing and curing of the said defendant and divers other persons of divers diseases, disorders, and maladies under which they had before then respectively labored and languished, and in and about the endeavoring to (u). heal and cure the said defendant and divers other persons of divers other diseases, disorders, and maladies under which they had before then also respectively labored and languished, and for divers medicines, chattels, and other necessary things before that time found and provided, administered, delivered, and applied by the said plaintiff on those occasions, for the said defendant, and at his like special instance and request; and being so indebted," &c. (Conclude as ante, 37.)-The quantum meruit thereon is as ante, 37, inserting as follows, (2) 1 Salk. 114. (u) See forms, Morg. 9, 14; Lil. Ent. 25, 36; Plead. Assist. 43, 63. If the demand be also for the inoculation of a child, say, "in and about the inoculation of a certain child of the said defendant, and in and about divers other chirurgical operations for the said defendant, and at his special," &c. The declaration must not state for curing the defendant of the venereal disease, 2 Wills. 20. -As to the rights of surgeons and apothecaries to recover their fees and attendances, see Chit. jun. on Cont. 163.-Chit. Col. Stat. vol. i. 20. A certificated surgeon cannot recover charges for attending in a fever, unless he also have a certificate from the Apothecaries' Company, 4 Bing. 619. A physician cannot maintain an action for his fees, they being considered as honorary, 4 T. R. 317.3 B. & C. 745. {He may sue in PennsylVOL. II. 8 vania, 5 Serg. & Rawle, 412.} When a |