*XVIII. TO PAY MONEY FOR SERVICES, &c. TO PAY MONEY FOR SERVICES. count for board wages as an hired servant(a). For that whereas heretofore, to wit, on, &c. (day of retainer or about it) at, Special &c. in consideration that the said plaintiff, at the special instance and request of the said defendant, would enter into the service of the said defendant as an hired servant, and serve the said defendant in that capacity, he the said defendant undertook, and then and there faithfully promised the said plaintiff, during the continuance of such service and employment, to pay him the said plaintiff for such service certain wages, after the rate of £—per annum, and certain board wages for his support and maintenance during such service, after the rate of shillings per week; and the said plaintiff avers, that he, confiding in the said promise and undertaking of the said defendant, did afterwards, to wit, on, &c. aforesaid, enter into the service of the said defendant, and served the said defendant in the capacity aforesaid for a long space of time, to wit, for the space of weeks then next following, and that the board wages of the said plaintiff during the time aforesaid, and after the rate aforesaid, amounted to a large sum of money, to wit, the sum of £-, whereof the said defendant afterwards, to wit, on, &c. (any day before title of declaration) at, &c. aforesaid, had notice.—[Add the common count for wages, as ante, 65, and counts for work and labor, money paid, account stated, and breach.] Forthat whereas, before and at the time of the making of the promise and undertaking of the said defendant hereinafter *next mentioned, he the said defendant was one of the bailiffs of the sheriff of Middlesex, to wit, at, &c. and whereas also before the time of the making of the said promise and undertaking, one E. F. had been arrested, and was in custody of the said defendant as such bailiff as aforesaid, for debt, to wit, at, &c. And whereas also before the time of the making of the said promise and undertaking, the said E. F. had escaped out of the custody of the said defendant, so being such bailiff as aforesaid, and the said defendant was desirous of apprehending and retaking the said E. F. to wit, at, &c. aforesaid; and thereupon, afterwards, to wit, on, &c. at, &c. aforesaid, in consideration that any person(c) would apprehend the said E. F. or by private information, or otherwise, be the means of apprehending or causing him to be apprehended and delivered into the custody of the said defendant, (a) See precedents for wages, Thomp. Ent. 25. -Pl. A. 49.-3 Burr. 1778.-1 Saund. 264.-2 Id. 346-4 East, 546-4 Esp. Rep. 75.-7 T. R. 241. -2 B. & P. 116. As to recovery of wages and remuneration in general, see Bac. Ab. tit. Master and Servant, H.-Burn, J. tit. Servants.-Ante, 74, note. (b) See other forms, 2 Went. 499-3 Id. 30, 31, where see form of advertisement and notes, as to the plaintiff's having recovered. An advertisement or general promise of a reward to any one who will apprehend a felon, or do any other act for the defendant, should not, in general, be declared upon as a promise to the particular plaintiff, for there is no privity between the parties themselves, Rol. Ab. 6, M. pl. 1.-Noy, 11, where a similar advertisement promised a reward to the person who would give information respecting a lost child, so that it might be restored to its parents, and a person comVOL. II. 25 municated his suspicions on the subject to a third The 7 & 8 G. 4. c. 29. s. 59. prohibits the adver- he the said defendant undertook, and then and there faithfully promised, upon such apprehending and delivery of the said E. F. into the custody of him the said defendant, to pay to such person who should apprehend, or cause to be apprehended, the said E. F. a reward of £100. And the said plaintiff avers, that afterwards, to wit, on, &c. at, &c. aforesaid, he the said plaintiff took and apprehended the said E. F. and afterwards, to wit, on, &c. last aforesaid, at, &c. aforesaid, delivered him into the custody of the said defendant, by reason whereof the said defendant then and there became liable to pay, and ought to have paid to the said plaintiff, the aforesaid reward of £100, to wit, at, &c. aforesaid.-[Add other counts, varying the undertaking, according to the circumstances, and the common count for work and labor, journies, account stated, and breach.] For that whereas the said defendant, to wit, on, &c. (day of publication or about it) at, &c. (venue) printed and published a certain advertisement, stating (here set out the advertisement in the past tense, as thus) that one A. S. had then lately defrauded the said defendant and other people of money, wearing apparel, and table linen and other things, of value, to a great amount, and the said defendant did thereby then and there undertake and faithfully promise, that if any person would discover the said A. S. so that she might be brought to justice, such person should receive £20 reward of the said defendant; and the said plaintiff in fact saith, that he, confiding in the said promise and undertaking of the said defendant, afterwards, to wit, on the day and year aforesaid, at, &c. (venue) aforesaid, did discover the said A. S. to the said defendant; and the said A. S. afterwards, to wit, on the day and year aforesaid, at, &c. (venue) was committed to the custody of the keeper of the gaol at [Worcester], to answer for the said offence, whereof the said defendant afterwards, to wit, on the day and year aforesaid, at, &c. (venue) aforesaid, had notice, and by reason of the premises the said defendant became liable to pay the said sum of £20 to the said plaintiff, when he the said defendant should be thereunto afterwards requested. And whereas also afterwards, to wit, on the day and year aforesaid, at, &c. (venue) aforesaid, in consideration that the said plaintiff, at the special instance and request of the said defendant, had before that time caused and procured one A. S. who then and there was charged by the said defendant to have then lately defrauded the said defendant and other people of money, wearing apparel, table linen, and other things, of value, to a great amount, to be taken into custody, to be detained in custody by the said defendant to answer the said last-mentioned charge, he the said defendant afterwards, to wit, on the same day and year aforesaid, at, &c. (venue) aforesaid, undertook, and to the said plaintiff faithfully promised to pay him the said sum of £20 of lawful money of Great Britain, whenever afterwards he the said defendant should be thereunto requested.-[Add counts for work and labor and journies—money paid—account stated-and breach.] *For that whereas, before the making of the promise and undertaking of the (d) See a form, 3 Wentw. 30, and the notes to the preceding form. FOR SERVICES. to reward he would ar said defendants hereinafter next mentioned, to wit, on, &c. divers goods and chattels of the said defendant had been feloniously taken and carried away from a certain dwelling-house of the said defendant, to wit, at, &c. and thereupon, plaintiff if heretofore, to wit, on, &c. aforesaid, to wit, at, &c. aforesaid, in consideration rest a felon (e). of the premises, and that the said plaintiff, at the special instance and request of the said defendant, would apprehend the said offenders, so that the property of the said defendants should be recovered, he, the said defendant undertook, and then and there faithfully promised the said plaintiff(f) therefore to pay him, as a reward, the sum of £20; and the said plaintiff in fact saith, that he, confiding in the said promise and undertaking of the said defendant, afterwards, to wit, on the day and year aforesaid, that is to say, at, &c. (venue) aforesaid, apprehended and took into custody the said offender, to wit, one E. F. for the said felony; and the said E. F. was afterwards, to wit, on the day and year aforesaid, to wit, at, &c. aforesaid, in due course of law tried for the said felony, and was, upon the said trial, upon the evidence of the said plaintiff found guilty thereof, and duly sentenced to be punished according to law for his said offence, and the said property of the said defendant was then and there restored to the said defendant, and he, by means of the premises, then and there recovered the same; of all which said premises the said defendant afterwards, to wit, on, &c. last aforesaid, there had notice: yet the said defendant not regarding his said promise and undertaking, but contriving and craftily and subtly intending to deceive and defraud the said plaintiff in this behalf, hath not (although he was afterwards, to wit, on, &c. last aforesaid, at, &c. aforesaid, requested by the said plaintiff so to do) as yet paid the said reward of £20, or any part thereof, to the said plaintiff, but hath hitherto wholly neglected and refused, and still doth neglect and refuse so to do, to wit, at, &c. aforesaid. And also for that, whereas heretofore, and before the making of the promise and undertaking of the said defendant hereinafter next mentioned, the said plaintiff had, at the like special instance and request of the said defendant, discovered and caused to be apprehended the said E. F. on suspicion of having feloniously stolen certain goods and merchandize of the said defendant, of great value, and had attended as a witness on the trial of the said E. F., by means whereof the said E. F. had been and was convicted of the said offence, and a great part of the said last-mentioned goods and merchandizes were restored and re-delivered to the said defendant; and thereupon he, the said defendant, in consideration thereof, afterwards, to wit, on, &c. at, &c. aforesaid, undertook, and *then and there faithfully pro- [ *259 ] mised the said plaintiff to pay him the sum of £20, when he the said defendant should be thereunto afterwards requested; yet the said defendant (although often requested so to do) hath not as yet paid to the said plaintiff the said lastmentioned sum of £20, or any part thereof, but hath hitherto wholly neglected and refused so to do, to wit, at, &c. aforesaid.--[Add common counts for work and labor, and journies, money paid, account stated and breach.] Second count. master, For that whereas, before and at the time of the making of the promise and undertaking of the said defendant herein after next mentioned, the said plaintiff against the (e) See precedent, and note, ante, 256, n. (b). (f) But see ante, 256, n. (b). the latter from the father of a was a schoolmaster, and the profession and business of a schoolmaster exercised, pupil, for taking away followed, and carried on, to wit, at, &c. (venue) and thereupon, heretofore, to wit, on, &c. at, &c. (venue) in consideration that the said plaintiff, at the special school with- instance and request of the said defendant, would admit and receive one L. into out giving a quarter's the school of the said plaintiff, and would instruct the said L. in reading, writing, notice (g). and arithmetic, and other necessary and useful accomplishments and qualifications, for certain reasonable reward to the said plaintiff in that behalf, he the said defendant undertook, and then and there faithfully promised the said plaintiff to continue the said L. at the said school, to be instructed by the said plaintiff as aforesaid, until the expiration of a quarter's notice of his the said defendant's intention to take the said L. away from the said school(h). And the said plaintiff avers, that he, confiding in the said promise and undertaking of the said defendant, did, afterwards, to wit, on the day and year aforesaid, to wit, at, &c. (venue) [ *260 ] admit and receive the said L. into the said *school of the said plaintiff, and did instruct the said L. in reading, writing, and arithmetic, and other necessary and useful accomplishments and qualifications for a certain space of time, to wit, for [a quarter] of a year then next following, and hath always hitherto been ready and willing to instruct the said L. as aforesaid, and thereof the said defendant hath always had notice, to wit, at, &c. (venue) aforesaid; yet the said defendant, not regarding his said promise and undertaking, but contriving and intending to deceive the said plaintiff in this respect afterwards, and before the expiration of [half] a year after the said L. had been so admitted and received as aforesaid, to wit, on, &c. [day of removal, or about it], at, &c. (venue) wrongfully and injuriously took away the said L. from the said school of the said plaintiff before the expiration of a quarter's notice given by the said defendant to the said plaintiff of the said defendant's intention to take the said L. away from the said school, and without giving the said plaintiff any such notice as aforesaid, and hath thence hitherto wholly neglected and refused to continue the said L. at the said school to be instructed by the said plaintiff, to wit, at, &c. aforesaid, whereby he the said plaintiff hath wholly lost and been deprived of all the benefit, profits, and advantages which he otherwise might and would have derived and acquired from instructing the said L. as aforesaid, to wit, at, &c. aforesaid.-[Second count, laying it as an executed consideration like the next precedent.-Add common count, as ante, 81, for work and labor as a schoolmaster, add counts for work and labor generally, board and necessaries, money paid, account stated, and breach.] The like on an executed For that whereas, before and at the time of the making of the promise and considera- undertaking of the said defendant hereinafter next mentioned, the said plaintiff was a schoolmaster, and the profession and business of a schoolmaster exercis tion. (g) This count is proper, but it would seem from the cases in 2 New Rep. 333-5 Bingh. 132—4 Campb. 375-id. 186-1 Stark. 198, that the plaintiff may recover under the common indebitatus count, as ante, 81. And for the same reason he might recover on the common count for work and labor. See the notes, ante, 74. In a late case, where a child at school, for whom payment had been made quarterly, was sent home for illness four days after the commencement of a quarter, and did not return, it was held that the master was entitled to a whole quarter's schooling, although there was no express contract for a quarter's notice, or a quarter's pay; and although the school was a dayschool, at which the child was the only boarder. 5 Bingh. 132. (h) This should be described as in the plaintiff's terms, which are usually contained in a printed prospectus. ed, followed, and carried ou, to wit, at, &c. (venue) and thereupon, heretofore, to wit, on, &c. in consideration that the said plaintiff, at the special instance and request of the said defendant had admitted and received one E. F. into the school of the said plaintiff, to be there boarded and taught English, and other languages and accomplishments, for certain reasonable reward to the said plaintiff in that behalf, he the said defendant undertook, and then and there faithfully promised the said plaintiff that he would, previously to his *removing the said E. F. from the said school, give one quarter of a year's notice to the said plaintiff of his intention so to do, or pay a quarter's stipend to the said plaintiff'; and the said plaintiff avers, that he, confiding in the said promise and undertaking of the said defendant did afterwards, to wit, on the day and year aforesaid, at, &c. aforesaid, continue the said E. F. in his said school, and did board him there, and teach him English, and other languages and (accomplishments, for a certain space of time, to wit, until and upon the, &c.—[day of removal, or about il]; and hath always hitherto been ready and willing to continue the said E. F. in the said school, and to board and teach him as aforesaid, whereof the said defendant hath always had notice, to wit, at, &c. (venue) aforesaid; yet the said defendant, not regarding his said promise and undertaking, but contriving and fraudulently intending to deceive and defraud the said plaintiff heretofore, to wit, on, &c. [day of taking away, or about it,] at, &c. aforesaid, wrongfully and injuriously took away the said E. F. from the said school of the said plaintiff without giving, according to his said promise and undertaking to the said plaintiff, a quarter's notice of his intention so to do, whereby the said plaintiff' hath wholly lost and been deprived of all the benefits, profits, and advantages which he might and otherwise would have derived and acquired from continuing the said E. F. in the said school, and boarding and teaching him therein; nor hath the said defendant, although he was afterwards, to wit, on, &c. at, &c. aforesaid, requested by the said plaintiff so to do, as yet paid to the said plaintiff a quarter's stipend, amounting to a large sum of money, to wit, the sum of £- but hath hitherto wholly neglected and refused, and still doth neglect and refuse so to do, to wit, at, &c.-[Add counts as advised in the last precedent.] BY A SCHOOLMASTER. [ *261 ] XIX. RELATING TO SALES OF GOODS AND For that whereas heretofore, to wit, on, &c. (day of delivery of the goods) at, &c. (venue) in consideration that the *said plaintiff, at the special instance and request of the said defendant, would sell and deliver to him the said defendant a certain quantity of goods, to wit, [100 sacks of malt] at a certain rate (i) See other forms, 16 East, 130.-3 Campb. 329. When necessary to declare specially, see ante, vol. i. 302. See also ante, 55, n. (r). By thus declaring specially, a set-off may be avoided. How to declare in such a case, see 2 Marsh. 41. 6 Taunt. 340. When goods have been sold on a credit not elapsed at the time of declaring, and on the terms that the defendant should deliver a bill of exchange to the plaintiff, or accept a bill in his fa- RELATING TO SALES OF GOODS. For not de- goods sold |