II. Respect The indebitatus count is as ante, 5. inserting these words: ing personal for the passage of the said CD, (or " of divers, to wit property. sage on board a ship. * 23 35. For a pas-seamen, before then carried and conveyed by the said A B,”) in and on board of a certain ship or vessel, called, &c. whereof the said A B was master and commander, from, &c. to, &c. and being so indebted," &c. (Conclusion as ante, 5.)-The quantum meruit thereon is as ante, 6. inserting as follows: "had before that time carried and conveyed the said CD (or "divers, to wit--other seamen") in and on board of the said ship or vessel, called, &c. whereof the said A B was master and commander, from, &c. aforesaid, to, &c. aforesaid, he the said CD undertook," &c. (Conclusion as ante, 6.) 36. For demurrage.(1) 37. For lighterage. * 24 The indebitatus count is as ante, 5. inserting these words: "for the use of a certain ship or vessel, called, &c. whereof the said A B was master by the said CD, before that time retained, and kept on demurrage, with certain goods and merchandise on board thereof, for a long time before then elapsed, and at the special instance, &c. and being so indebted," &c. (Conclusion as ante, 5.) The quantum meruit thereon is as ante, 6. inserting as follows: " had before that time suffered and permitted the said CD to retain and keep, and that he the said CD had accordingly retained and kept the said ship or vessel, called, &c. whereof the said AB was master, with certain other goods and merchandise on board thereof on demurrage for a long time before then elapsed, he the said CD undertook," &c. (Conclusion as ante, 6.) The indebitatus count is as ante, 5. inserting these words: "for the lighterage of divers goods, wares, and merchandise, by the said A B, before that time carried and conveyed *in certain lighters and other vessels of the said A B, and by him the said A B shipped and landed from and out of the same for the (1) As to demurrage, see Abbott on Shipping. If the contract for demurrage be under seal, the declaration must be in debt on the deed, 1 New Rep. 104. If there be no con tract for demurrage, the declaration should be special on the implied contract, to ship or unship the goods in a reasonable time. said CD, and at his special instance," &c. (Conclusion as II. Respecting personal ante, 5.) The quantum meruit thereon is as ante, 6. inserting as property. follows: "had before that time carried and conveyed divers other goods, &c. in certain other lighters, and other vessels of the said AB, and had unshipped and landed the same from and out of the same ships and other vessels for the said C D, and at his like special, &c. he the said CD undertook," &c. (Conclusion as ante, 6.) The indebitatus count is as ante, 5. inserting these words: "for the lighterage, wharfage, and warehouse-room of divers goods, wares, and merchandise by the said A B, before that shipped and landed in and by certain lighters and other vessels of him the said A B, and deposited and kept in and upon a certain wharf, and certain warehouses and premises of the said AB for the said CD, and at his special instance. &c. and being so indebted," &c. (Conclusion as ante, 5.) The quantum meruit thereon is as ante, 6. inserting as follows: "had before that time shipped and landed divers other goods, &c. in and by certain other lighters and vessels of him the said A B, and had deposited and kept the same in and upon a certain other wharf and certain other warehouses and premises of the said AB for the said C D, he the said CD undertook," &c. (Conclusion as ante, 6.)(n) The indebitatus count is as ante, 5. inserting these words: "for the good-will of a certain business of him the said A B, before then relinquished and given up by the said A B to, and in favour of the said CD, and at his special *instance, &c. and being so indebted," &c. (Conclusion as ante, 5.) The quantum meruit thereon is as ante, 6. inserting as follows: "had before that time relinquished and given up to and in favour of the said C D, a certain other business of him the said AB, he the said CD undertook," &c. (Conclusion as ante, 6.) 38. For light erage, wharfage, and warehouse-room. (m) 39. For the good will of a business. * 25 (m) This form may be easily applied to a demand for wharfage, or for warehouse-room only. (n) For boomage, pilotage, buoys, and sea-marks, see Pleader's Assist- II. Respecting personal services. III. RESPECTING PERSONAL SERVICES. FIRST-WAGES. The indebitatus count is as ante, 5. inserting these words: "for the wages or salary of the said A B before that time, and then due and payable from the said CD to the said A B for the service of the said AB by him before then done and performed, as the hired servant of and for the said C D, and on his retainer, and being so indebted," &c. (The conclusion is as ante, 5.) If the service has been performed on board a ship, add these words: " in and on board a certain ship or vessel called د, N. B. The demand for wages being specific, no quantum meruit is added; but it is usual to add two counts for work and labour generally. If the defendant have refused to employ the plaintiff, the declaration should be special for not employing. 2 East, 145. The indebitatus count is as ante, 5. inserting these words : for the wages of the said AB before that time, and then due and payable from the said CD to the said A B for the service of the said A B before then done and performed as a mariner of and belonging to a certain ship or vessel, called -, whereof the said CD during the time of such service was master and commander, and for the said CD and on his retainer. And being so indebted," &c. (Conclusion as ante, 5.) [N. B. If it be against the owner of the ship say, 66 a certain ship or vessel of the said CD *called," and omit the words in italics. The observation at the foot of the last precedent here applies.] The indebitatus count is as ante, 5. inserting these words: "for the wages or salary of the said A B before that time, and then due and payable from the said CD to the said AB for the service of the said A B by him before that time done and performed, as the steward of the said CD for a long time before then elapsed, in and on board of a certain ship or vessel, called, &c. whereof the said CD was, for and during all that time, master and commander, and for the said CD and on his retainer. And being so indebted," &c. (Conclusion as ante, 5.) N. B. If at the suit of the mate, instead of the words in italics, insert "mate of." See ante, 25. IL Respect personal services. 43. For wages as captain gainst the The indebitatus count is as ante, 5. inserting these words: "for the wages of the said A B and for his service before then done and performed by him the said A B, as master and com- owner. mander of a certain ship or vessel, called, &c. for the said And being so indebted," &c.(o) CD and on his retainer. (Conclusion as ante, 5.). The indebitatus count is as ante, 5. inserting these words: "for certain prize-money, wages, salary and reward, before that time, and then due, and payable from the said C D to the said A B for the service of the said A B, before that time done and performed by him the said A B as quarter-master on board a certain ship or vessel of the said C D, called, &c. on the retainer, and at the special instance and request of the said C D. And being so indebted," &c.() (Conclusion as ante, 5.) as quartercorps of master of a troops. The indebitatus count is as ante, 5. inserting these words: 45. For salary "for the pay or salary of the said A B before that time, and then due and payable from the said CD to the said AB, for the services of the said A B, before then done and performed by him the said A B, as quarter-master of a certain corps, called, &c. for the said CD and at his special, &c. And being so indebted," &c.(g) (Conclusion as ante, 5.) * 27 The indebitatus count is as ante, 5. inserting these words: 46. For pilot "for certain pilotage and reward before that time, and then age. due and payable from the said C D to the said A B for the pi lotage, mooring and unmooring of a certain ship or vessel of the said CD by the said AB before then piloted, moored, and unmoored, for the said CD and on his retainer. And being so indebted," &c.(r) (Conclusion as ante, 5.) (a) See observation, ante, 25. (r) See observation, ante, 25. Pleader's Assistant, 52, 53. [4] III. Respect ing personal services. age. The indebitatus count is as ante, 5. inserting these words: for certain crimpage and reward before that time, and then 47. For crimp- due and payable from the said CD to the said A B, upon and for the procuring, raising and shipping of certain seamen by the said A B before that time procured, raised and shipped, in and on board of a certain ship or vessel called, &c. for the said CD and on his retainer. And being so indebted," &c.(s) (Conclusion as ante, 5.) 48. For sal vage. The indebitatus count is as ante, 5. inserting these words: "for the salvage of a certain anchor and cable, by him the said A B before that time saved for and delivered to the said C D. And being so indebted," &c.(t) ante, 5.) (Conclusion as * 28 49. For work and labour as an attorney in prosecuting and defending *SECONDLY-FEES. The indebitatus count is as ante, 5. inserting these words: for the work and labour, care, diligence and attendance of the said A B by him the said A B before that time done, persuits, and for formed and bestowed, as the attorney and solicitor of and for the fees, &c. and for preparing said C D, and upon his retainer in and about the prosecuting, deeds, and for defending, and soliciting of divers causes, suits, and businesses for the said C D, and for certain fees due and of right payable to the said A B in respect thereof. And also for other the work journies, &c. (7) (s) Ante, 25. adding two counts for work and labour (t) See note, ante, 25. In the generally, and the money counts: case of salvage from the perils of the where there was no suit carried on, sca, the statutes have not taken away or no deeds prepared, &c. or no jourthe common law remedy. See Ab-nies taken, the parts of this form not bott, 1 edit. 331. 3 B. & P. 612. and applicable to the case should be omit→ the precedent there; but in the case ted. If the suit were carried on for of recapture, as the admiralty has a third person at the defendant's repeculiar jurisdiction over prize cau- quest, this count, with little altera. ses, see 2 Doug, 594. &c. the 35 tion, will suffice, 2 Show. 421. But Gco. III. c. 66. s. 42. renders it ne- if the defendaut be liable in respect cessary for the recaptor, to resort to of a collateral undertaking in writing, that court. the declaration must be special, 1 Saund. 211. b. (w) This form will suffice in all cases by an attorney against his client, |