ING PERSON that time, at his like special instance and request, and by the sufferance 2. RESPECT. and permission of the said A. B. had, taken, and retained, to his own AL PROPER use, certain other tithes, whereof the said A. B. was the farmer and proprietor, issuing, arising, &c, he the said C. D. &c. (Conclusion as ante, 36.) form. TY. The indebitatus count is as ante, 35, inserting these words, "for cer- 37. The like tain tithes arising, growing, renewing, and happening upon and from in another certain lands of the said C. D. situate, lying, and being at, &c. and due and of right payable to the said A. B. as rector of the rectory of the paris church of, &c. aforesaid; (or, " as farmer and proprietor thereof,") by the said A. B. before that time bargained and sold to the said C. D. and at his special instance, &c. and by the said C. D. according to that bargain and sale, had, taken, and retained to and for his own proper use and benefit. And being so indebted," &c. (Conclusion as ante, 35.) The quantum meruit thereon is as ante, 36, inserting as follows,“ had before that time bargained and sold to the said C. D. certain other tithes arising, &c. and due and of right payable to the said A. B. as rector of the rectory aforesaid, (or, "as farmer and proprietor thereof;") and that the said C. D. had, according to such last-mentioned bargain and sale, taken and retained the said last-mentioned tithes to and for his own proper use and benefit, he the said C. D. undertook, &c. to pay him so much money as the said last-mentioned tithes, at the time of taking and detaining the same by the said C, D. were reasonably worth, when, &c. And the said A. B. avers, &c. (add account stated and common conclusion.)-N.B. When the plaintiff's title is doubtful, add two counts, for "certain tithes, goods, and merchandize, bargained and sold," without stating where they grew, or that plaintiff is proprietor thereof. (Conclusion as ante, 36.) [⚫54] fendant (i). The indebitatus count is as ante, 35, inserting these words, "for meat, 38. For nedrink, washing, lodging, and other necessaries by the said A. B before cessaries found and prothat time found and provided for the said C. D. and at his special in- vided for destance, &c. and being so indebted," &c. (Conclusion as ante, 35.)— "The quantum meruit thereon is as`ante, 36, inserting as follows, "had before that time found and provided other meat, drink, washing, lodg ing, and necessaries for the said C. D. he the said C. D. undertook," &c. (Conclusion as ante, 86.) The indebitatus count is as ante, 35, inserting these words, "for 39. For nemeat, drink, washing, lodging, and other necessaries by the said A. B. cessaries found and probefore that time found and provided, at the special instance, &c. for one vided for third E. F. (or, "for divers persons."). And being so indebted, &c. (Con- persons (4). clusion as ante, 35.)—The quantum meruit thereon is as ante, 36, inserting as follows, had before that time found and provided other (i) See the precedent, ante, 43. see Stra. 127. 8. T. R. 328. B. N. P. 136. F 2. RESPECT meat, drink, &c. for the said E. F. (or, "for divers other persons," ING PERSON- he the said C. D. undertook," &c. (Conclusion as ante, 36.) AR PROPER TY. 40. For horsemeat and stabling (1). [55] 41. For the agistment of cattle (m). 42. For the The indebitatus count is as ante, 35, inserting these words, "for horse. meat, stabling, care and attendance, by the said A. B. before that time found, provided, and bestowed, for, in, and about the feeding and keeping of divers horses, mares and geldings, of and for the said C. D. and at his special instance, &c. And being so indebted," &c. (Conclusion *as ante, 35.)—The quantum meruit thereon is as ante, 36, inserting as follows, "had before that time found, provided, and bestowed, other horsemeat, stabling, care and attendance, for, in, and about the feeding and keeping divers other horses, mares, and geldings, of and for the said C. D. he the said C. D. undertook," &c. (Conclusion, as ante, 36.) The indebitatus count is as ante, 35, inserting these words, "for the agisting, depasturing, and feeding of divers cattle, by the said A. B. before that time agisted, depastured, and fed in certain pastures of him the said A. B for the said C D. and at his special instance, &c. And being so indebted," &c. (Conclusion as ante, 35.) The quantum meruit thereon is as ante, 36, inserting as follows, "had before that time agisted, depastured, and fed divers other cattle in certain other pastures of him the said A. B. for the said C. D. he the said C. D. undertook," &c. (Conclusion as ante, 36.) The indebitatus count is as ante, 35, inserting these words, " for the hire of horses use and hire of divers horses, mares, and geldings, bridles, saddles, and carriages, or ships and harness, and of divers chaises, and other carriages, (or, “ of certain goods, &c. (n). lighters and other vessels;" or, " of certain plate, linen, china, furniture, goods and chattels," by the said A. B before that time let to hire and delivered to the said C. D. and at his special instance, &c. and by the said C. D. under and by virtue of that letting to hire before then had and used. And being so indebted," &c. (Conclusion as ante, 35.)—————— "The quantum meruit thereon is as ante, 36, inserting as follows, “had before that time let to hire, and delivered to him the said C. D. divers other horses, mares, and geldings, bridles, saddles, and harness, and divers other chaises and carriages, (or, certain other lighters and other vessels," or, "certain plate, linen, china, furniture, goods and chattels,") and that the said C. D. had, under and by virtue of the last-mentioned letting to hire before then had and used the same, he the said C. D. undertook, &c. (Conclusion as ante, 36.). [56] (1) Observe note (p), ante 43. (n) As to this count, see 1 Com. Rep. 116. Lil. Ent. 28. · ING PERSON- vering mares. The indebitatus count is as ante, 35, inserting these words, "for the 2. RESPECTuse of divers stallions of the said A. B. before that time had and used by and with the permission of the said A. B. in and for the covering of divers mares of and for the said C. D. and at his special instance and 43. For corequest, and being so indebted," &c. (Conclusion as ante, 35.) The quantum meruit thereon is as ante, 36, inserting as follows, “had before that time suffered and permitted certain other stallions of him the said A. B. to cover certain other mares of and for the said C. D. and that the said last-mentioned stallions had accordingly covered the said last-mentioned mares, he the said C. D. undertook," &c, (Conclusion as ante, 36.) COWS. The indebitatus count is as ante, 35, inserting these words, "for the 44. For bulling use of divers bulls of the said A. B. before that time used for the bulling of divers cow's of the said C. D. by the permission of the said A. B. and at the special instance and request of the said C. D. and being so indebted, &c. (Conclusion as ante, 35.)The quantum meruit thereon is as ante, 86, inserting as follows," had before that time permitted divers other bulls of the said A. B. to bull divers other cows of the said C. D. and that the said last-mentioned bulls had accordingly bulled the said last mentioned cows, he the said C. D. undertook," &c. Conclusion as ante, 36.) age, average, The indebitatus count is as ante, 35, inserting these words, "for cer- 45. For tain freight, primage, and average before that *time, and then due and freight, primpayable from the said C. D. to the said A. B. upon, for, and in respect and attendof the carriage and conveyance of certain goods and merchandize, by ance (0) the said A. B. before that time carried and conveyed, in and on board [* 57 ] of divers ships and vessels, from divers ports and places to divers other ports and places, and there, to wit, at the said last-mentioned ports and places delivered by the said A B. for the said C. D.; and at his special instance and request, and for the care and attendance of the said A. B. and his servants, in and about the loading and unloading of the said goods and merchandize, and the delivery thereof as aforesaid." (Conclusion as ante, 35)The quantum meruit thereon is as ante, 36, in-. serting as follows, "had before that time, carried and conveyed certain other goods and merchandize in and on board divers other ships (0) The usual form is more particu. or contract under seal, in general the lar, but it seems less subject to variance declaration must be on the deed, 1 to say, "in and on board of divers ships' New. Rep. 104;, when not, see Abbott, and vessels, for the said C. D and at 1 Edn. 258, &c. If the demand be for his request;" as in the above prece. freight only, erase the words primage dent, without stating the name of the and average; if for average only, erase ship, voyage, &c. See Abbott, 1 Edn. the words freight and primage. See 258. As to this count, and when the a count for average, 1 East. 220. For declaration should be special, see 2 B. average no quantum meruit is added. & P. 323. If there be a charter-party AL PROPER TY. 2. RESPECT and vessels, from divers other ports and places to divers other ports and ING PERSON- places, and there, to wit, at the said last-mentioned ports and places, had delivered the same for the said C. D. and had bestowed other his care and attendance in and about the loading and unloading of the said lastmentioned goods and merchandize, and the delivery thereof as aforesaid, he the said C. D. undertook," &c. (Conclusion as ante, 36.) 48. For de The indebitatus count is as ante, 35, inserting these words," for the tonnage of divers goods, wares, and merchandize of the said C. D. by him the said A. B. before that time carried and conveyed upon divers parts of a certain cut or canal, navigable and passabie from, &c. to, &c. in certain boats, barges, and other vessels for the said C. D. and at his special instance, &c. and being so indebted, &c. (Conclusion as ante 35.)—— The quantum meruit thereon is as ante, 36, inserting as follows, “had before that time, carried and conveyed divers other goods, wares, and merchandize of him the said C. D. upon divers other parts of the said cut or canal, in certain other boats, barges and vessels, for him the said C. D. he the said C. D. undertook, &c. to pay him so much money, as he therefore reasonably deserved to have for the tonnage thereof." (Conclusion as ante, 36.) 66 The indebitatus count is as ante, 35, inserting these words, "for the passage of the said C. D. (or " of divers, to wit, seamen before then carried and conveyed by the said A. B.") in and on board of a certain ship or vessel, called, &c. whercof the said A B. was master and commander, from, &c. to, &c. and at the special instance, &c. and being so indebted, &c. (Conclusion as ante, 35.) The quantum meruit before that time carother seamen,") thereon is as ante, 36, inserting as follows," had The indebitatus count is as ante, 35, inserting these words, "for murrage (r). the use of a certain ship or vessel, called, &c. whereof the said A. B. (p) 3 Wentw 70. (9) Governed by rules as to freight. 5 East. 320, 1.-2 Campb. 15, 16. (r) As to demurrage, see Abbot on Shipping. If the contract for demurs rage be under seal, the declaration must be in debt, on the deed, 1 New. Rep, 104; if there be no contract for demur rage, the declaration should be special on the implied contract, to ship or unship the goods in a reasonable time, As to demurrage, see 3 B, & P. 295.2 New. Rep. 258. [3 Johns. Rep. 342, 3 Taunt. 387. Party is liable to demurrage, where there is a contract to pay it, although the detention were unavoidable; 2 Campb. 352. or occasioned by the wrongful act of a third person. 4 Campb. 133. No notice need be giyen to the consignee, of the arrival of the vessel. 4 Campb. 159. 161. Where the bill of lading contains a stipulation to pay demurrage, consignee by accepting the goods renders himself liable. 4. Taunt. 52.] ING PERSON- was master, by the said C D. before that time retained and kept on 2. RESPECTdemurrage, with certain goods and merchandize on board thereof, for a long time before then elapsed, and at the special instance, &cs and being so indebted," &c. (Conclusion as ante, $5.) The quantum meruit thereon is as "ante, 36, inserting as follows, "had before that time suffered and permitted the said C. D. to retain and keep, and that he the said C. D. had accordingly retained or kept the said ship or vessel, called, &c. whereof the said A. B. was master, with certain other goods and merchandize on board thereof, on demurrage, for a long time before, then elapsed, he the said C. D. undertoook," &c. (Conclusion as ante, 36.) The indebitatus count is as ante, 35, inserting these words, "for the 49.For lighter, lighterage of divers goods, wares, and. merchandize by the said A. B. age; [59] 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 said C. D. and at his special instance," &c.. (Conclusion as ante, 35.)—The quantum meruit thereon is as ante, 36, inserting as follows, "had before that time carried and conveyed divers other goods, &c. in certain other lighters, and other vessels of the said A. B, 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 C. D. undertook," &c. (Conclusion ås ante, 36.) age, and ware The indebitatus count is as ante, 35, inserting these words, " for the 50. For lightlighterage, wharfage, and warehouse-room of divers goods, wares, and erage, wharfmerchandize by the said A. B. before that shipped and landed in and house-room by certain lighters and other vessels of him the said A. B. and deposit- (s). ed and kept in and upon a certain wharf, and certain warehouses and premises of the said A. B. for the said C. D. and at his special instance &c. and being so indebted," &c. (Conclusion as ante, 35.)——The quantum meruit thereon is as ante, 36, 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 A. B. for the said C. D, he the said C. D. undertook," &c. (Conclusion as ante, 36.) (†) The indebitatus count is as ante, 35, inserting these words, " for the 51. For the good-will of a good-will of a certain business of him the said A. B. before then relinbusiness. quished and given up by the said A. B. to and in favour of the said C. D. and at his special instance, &c. and being so indebted," &c. (Conclu (s) This form may be easily applied to a demand for wharfage, or for ware house-room only. And see the prece. dent for warehouse-room, ante, 45. (t) For boomage, pilotage, buoys, and sea marks, see Pleader's Assistant, 52, 3. For moorage, see 3 Wentw. 69, and ante, 46. |