fits and emoluments which might and would otherwise have arisen and accrued to her from entering into the service of the said defendant, but also lost and was deprived of the means and opportunity of being retained and employed by and in the service of divers other persons, and remained and continued wholly out of service and unemployed for a long space of time, to wit, for the space of three months then next following, and was and is otherwise greatly injured and damnified, to wit, at, &c. (venue) aforesaid, &c.-[Add counts for work and labor, account stated, and breach.] at day of BY SER VANT FOR NOT EMPLOYING. By a mari ner for not him to go as boatswain on board deship, and paying him his wages. [ *326 ] fendant's For that whereas the said defendant, before and at the time of making his promise and undertaking hereinafter next mentioned, was master and command- suffering er of a certain ship or vessel called the which said ship or vessel was then lying and being at in the West Indies, and bound on a voyage from thence to the port of London, to wit, at, &c. (venue). *And whereas also the said defendant, so being master and commander of the said ship or vessel as aforesaid, heretofore, to wit, on the in the year of our lord in the West Indies, that is to say, at, &c. (venue) in consideration that the said plaintiff, at the special instance and request of the said defendant, would enter into and on board of the said ship or vessel, and would go the said voyage as boatswain therein, he the said defendant undertook, and then and there faithfully promised the said plaintiff to suffer and permit him so to do, and to pay him the sum of £- three days after the arrival of the said ship or vessel in the said port of London. And the said plaintiff avers, that he, confiding in the said promise and undertaking of the said defendant, did afterwards, to wit, on the same day and year aforesaid, at aforesaid, to wit, at, &c. (venue) aforesaid, enter into and on board of the said ship or vessel, and did go and proceed a part of the said voyage as boatswain therein, and was ready and willing to go and proceed therein the remainder of the said voyage, to wit, at, &c. (venue) aforesaid, whereof the said defendant then and there had notice; yet the said defendant not regarding his said promise and undertaking, in manner aforesaid made, but contriving and fraudulently intending, craftily and subt ly to deceive and injure the said plaintiff in this behalf, did not nor would suffer or permit the said plaintiff to go or proceed the remainder of the said voyage as boatswain in and on board of the said ship or vessel as aforesaid, but wholly neglected and refused so to do; and on the contrary thereof, he, the said defendant, after the making of his said promise and undertaking aforesaid, and whilst the said ship or vessel was proceeding on her said voyage from aforesaid, to wit, on the -day of in the year aforesaid, on the high seas, to wit, at, &c. (venue) aforesaid, wrongfully and unjustly, without the license and consent, and against the will of the said plaintiff, caused and compelled the said plaintiff to go from and out of the said ship or vessel called the -in and on board a certain other ship or vessel in his majesty's service, and there left the said plaintiff, and caused him to be detained and prevented from returning to the ship or vessel called the whereby the said plaintiff was hindered and prevented from going or proceeding the remainder of the said voyage in and on board of the said last-mentioned ship or vessel; nor did the said defendant, within three days after the arrival of the said last-mentioned FOR NOT ING. BY SAILOR ship or vessel in the port of London aforesaid, or at any time afterwards (alEMPLOY- though often requested so to do), pay the said sum of £—or any part thereof, to the said plaintiff, but hath hitherto wholly neglected and refused so to do, whereby the said plaintiff not only lost and was deprived of all the profit, benefit, and advantage which might and would have arisen and accrued to him from going and proceeding the remainder of the said voyage in and on board of the said last-mentioned ship or vessel, but also suffered great hardship and inconvenience, and was put to great charge and expense of his monies, amounting to a large sum of money, to wit, the sum of £100, in and about the procuring of a passage home to the port of London aforesaid, to wit, at, &c. (venue), aforesaid.-[Add a count upon an executed consideration, common count for seamen's wages, as ante, 66, work and labor, money paid, account stated, and breach.] By a domestic servant, for turning him away with out a month's no tice (p). For that whereas heretofore, to wit, on, &c. (day of entering into service, or about it) at, &c. (venue) in consideration that the said plaintiff, at the special instance and request of the said defendant, would become and be the servant of the said defendant, to wit, in the capacity of a [footman] at and for certain. wages, to wit, the wages of £- per annum, he the said defendant undertook, and then and there faithfully promised the said plaintiff to retain and employ the said plaintiff in the said defendant's service, and in the capacity aforesaid, and at and for the wages aforesaid, and to continue him in such service and employ until the expiration of a month from and after notice or warning given by the said plaintiff, or the said defendant to the other of them, of his intention to determine and put an end to such service and employ, or else to pay him a proportionate part of the said wages for a month(q). And although the said [ *327 ] *plaintiff, confiding in the said promise and undertaking of the said defendant, did, afterwards, to wit, on the day and year aforesaid, at, &c. (venue) aforesaid, become and was the servant of the said defendant, to wit, in the capacity and on the terms aforesaid, and did continue in such service and employ of the said defendant for a long space of time, to wit, until, &c. (day of discharge, or about it) to wit, at, &c. (venue) aforesaid. And although the said plaintiff hath always been ready and willing, and then and there offered to continue in the said service and employ of the said defendant in the capacity aforesaid, and on the terms aforesaid, until the expiration of a month from and after notice or warning given by the said defendant to the said plaintiff, of his intention to determine and put an end to such service and employ as aforesaid; (p) As to the necessity of declaring specially, Nowlan v. Ablett, 1 Gale, 72; and see a declaration by a warehouseman, hired for a year, or on a general hiring, for turning him away before expiration of time and without any reasonable notice, several counts, Fawcett v. Cash, 3 Nev. & Man. 177; 5 Barn. & Adol. 904. S. C. > (q) Query if the implied contract is not, that the servant shall at all events conduct himself properly as a servant, and the master as a master, otherwise that the servant may be turned away immediately; and at all events, that either party may put an end to the contract by a month's notice; and query, if the contract ought not to be so stated. See 1 Chit. Gen. Pract. 80. > BY SER VANT FOR ING HIM. yet the said defendant not regarding his said promise and undertaking, did not nor would continue the said plaintiff in his said service and employ until the DISCHARGexpiration of a month from and after notice or warning given by the said defendant of his intention to determine and put an end to such service and employ, but, on the contrary thereof, wholly neglected and omitted to give the said plaintiff notice or warning of his intention to determine and put an end to such service and employ, and then and there refused to suffer or permit the said plaintiff to continue in his said service and employ, and then and there discharged him the said plaintiff therefrom, without any notice or warning whatever, and hath from that time hitherto wholly neglected and refused to retain or employ the said plaintiff in his said service and employ, or pay him a proportionate part of the said plaintiff's wages for a month, to wit, at, &c. (venue) aforesaid; and by means thereof, he the said plaintiff hath lost and been deprived of all the wages, profits, and advantages, meat, drink, lodging, and necessaries, which he otherwise might and would have derived and acquired from being continued in the said service of the said defendant; and the said plaintiff hath been, and is, by means of the premises, still wholly unemployed, to *wit, at, &c. (venue) aforesaid.—[Add counts on an executed consideration, [ *328 ] common counts for wages, and work and labor, and account stated, and breach.] For preventing plaintiff from com pleting a work which he had un dertaken on For that whereas heretofore, to wit, on, &c. (date of agreement) to wit, at, &c. (venue) by a certain agreement then and there made between the said plaintiff and the said defendant, the said plaintiff agreed to [here set out the agreement in the past tense(r)] perform and complete the mason work, at the Regent's Circus, north end of Portland Place, in the New Road, at the follow- a written ing prices, finding all materials and labor, and to do the same to the satisfaction agreement. of the architect appointed to survey the same; that is to say, strait Portland kirb, twelve inches by ten inches, with rail-holes, plugs and lead, including the stone for the brace bar, at seven shillings and five pence per foot, run circular ditto at eight shillings per foot, run bases for the lamp irons, two feet four inches and three quarters, by two feet four inches and three quarters, and twelve inches high, at two pounds each, including rail-holes, and to do the whole complete in all respects according to the drawings, and within the time specified in the specification delivered; and it was also then and there agreed between the said plaintiff and the said defendant, that he the said defendant should advance £12, in cash, for every hundred feet set complete, and the balance by bill at two months, after the accounts were adjusted; the whole of the Portland stone, kirb and gate basis on the south side of the whole line of the new load, from east to west, to be fixed and made complete, in all respects, on or before the 25th day of November, in the year aforesaid, and the halfcircular area to be made complete on or before the 25th day of December in the same year; and part of the work having then already been done by G. H. it was thereby further understood, that the same should be ascertained by L. M. of, &c. surveyor, on the part of the said defendant, and E. F. of, &c. on (r) It is sufficient to show so much of the con- This cause was tried, and plaintiff obtained a vertract only, as is necessary to show clearly the de- dict. fendant's failure, 4 Taunt. 285.-6 East, 564. FOR VENTING PRE the part of the said plaintiff; and in case any dispute should arise, the same PLAINTIFF to be decided by their umpire, and the balance paid to the said G. H. as well COMPLET- as the money then already advanced to him by the said defendant, was to be ac ING A WORK. counted for by the said plaintiff, and deducted from the balance due to him, when completed, but at present to draw only for the setting the same; and the said agreement being so made, afterwards, to wit, on, &c. aforesaid, at, &c. (venue) aforesaid, in consideration thereof, and that the said plaintiff, at the special instance and request of the said defendant, had then and there undertaken, and faithfully promised the said defendant to perform and fulfil the said [*329 | agreement, in all things on the said plaintiff's part *and behalf to be performed and fulfilled, he the said defendant undertook, and then and there faithfully promised the said plaintiff to perform and fulfil the said agreement in all things on the said defendant's part and behalf to be performed and fulfilled; and although the said plaintiff hath always, from the time of the making of the said agreement, performed and fulfilled all things on his part and behalf in the said agreement to be performed and fulfilled, and did afterwards, to wit, on the day and year first aforesaid, at, &c. (venue) enter upon and commence the said work, and for that purpose did procure and find all materials and labor necessary for performing the same, and did the same in part, to wit, one thousand two hundred feet thereof, to the satisfaction of the architect appointed to survey the said work, and hath always been ready and willing to perform and complete the whole of the said work, in pursuance of the said agreement, of all which said premises the said defendant hath had notice, to wit, at, &c. (venue) aforesaid; yet the said plaintiff in fact saith, that the said defendant, contriving and wrongfully intending to injure the said plaintiff, did not nor would perform the said agreement, nor his said promise and undertaking, but thereby craftily and subtly deceived the said plaintiff in this, to wit, that the said defendant did not nor would advance the said sum of £12, in cash, for each of the said one hundred feet, set complete, but on the contrary thereof, hath hitherto wholly neglected and refused so to do, to wit, at, &c. (venue) aforesaid; and the said defendant further disregarding the said agreement, and his said promise and undertaking, afterwards, to wit, on, &c. to wit, at, &c. (venue) aforesaid, did not nor would permit or suffer the said plaintiff to proceed to complete the said work, and then and there wholly hindered and prevented him from so doing, and then and there wrongfully discharged the said plaintiff from any further performance or completion of his said agreement and promise and undertaking, whereby the said plaintiff hath lost and been deprived of the profits and advantages which he otherwise might and would have derived and acquired from the com-pletion of the said works, to wit, at, &c. (venue) aforesaid. [Add a count to the same effect, not as on an agreement, but as upon an executory consideration, and other counts for work and labor, goods sold, money paid, and account stated and breach.] [ *330 ] On a building agree *For that whereas heretofore, to wit, on, &c. (date of agreement) at, &c. ment for not (venue) by a certain agreement then and there made by and between the said performing plaintiff and the said defendant, it was agreed, that the said defendant should take down a certain messuage or dwelling-house, situate at, &c. and should part of the work, and Call Number Author Title Vol........... FOR NOT PERFORM ING WORKS. for performing the residue inarti. ficially(s). r dwelling-houses for the said plaintiff, agreeably in the possession of the said defendant, and acd in manner following; that is to say, that the said own and the bricks cleaned and worked up, &c.past tense.] And the said agreement being so &c. at, &c.-[Mutual promises, as ante, 228(t).] iff hath always, &c.-[State plaintiff's general perind special performance of any precedent condition.] saith, that the said defendant contriving, and wrongto injure the said plaintiff, did not nor would perr his said promise and undertaking, but thereby the said plaintiff in this, to wit, that the said defenmitted to do and perform certain works which were e done and performed under and by virtue of the ing to the tenor and effect, true intent, and meaning l down, &c.-[Here specify the breach, according id defendant also thereby craftily and subtly deceived. the said plaintiff in this, to wit, that the said defendant afterwards, to wit, on, &c. and on divers other, &c. did and performed certain other works which were requisite and necessary to be done and performed under and by virtue of the said agreement, in a bad, inartificial, and unworkmanlike manner, contrary to the form and effect of the said agreement, *and of his said promise and un- [ *331 ] dertaking, to wit, at, &c. (venue) aforesaid. Signature This card does not entitle you take this book from the liby Second neral. And whereas also, heretofore, to wit, on the day and year aforesaid, at, &c. Count (venue) aforesaid, in consideration that the said plaintiff, at the special instance more geand request of the said defendant, had then and there retained and employed the said defendant to take down a certain other messuage and dwelling-house, with the appurtenances, and to erect and build divers, to wit, two other messuages or dwelling-houses, with the appurtenances, in lieu thereof, for the said plaintiff, agreeable to certain plans and particulars then and there made and agreed upon by and between the said plaintiff and defendant, for certain reasonable reward to the said defendant in that behalf, he the said defendant undertook, and then and there faithfully promised the said plaintiff to erect and build the said last-mentioned messuage or dwelling-house, with the appurtenances, agreeable to the said last-mentioned plans and particulars, with good and proper materials, and in a sound, substantial, and workmanlike manner; and although the said defendant did afterwards, and before the commencement of this suit, erect and build the said last-mentioned messuages or dwelling-houses, with the appurtenances, for the said plaintiff, to wit, at, &c. (venue) aforesaid; yet the said defendant, not regarding his said last-mentioned promise and undertaking, but contriving and intending to deceive and defraud the said plaintiff in this behalf, did not nor (8) See next form, also Morgan, 188. The be framed as in the second count of the above pre- (t) But this statement is not absolutely necessa |