the said defendant to have, hold, use, occupy, possess, and enjoy, certain other rooms and apartments of the said plaintiff, in and parcel of a certain other dwelling-house, and that the said defendant had, according to the said last-mentioned sufferance and permission of the said plaintiff, had, holden, used, occupied, possessed, and enjoyed the same, together with certain other household furniture, linen, and other necessaries, goods, and chattels of the said plaintiff, therein being, for a long time before then elapsed, he the said defendant undertook," &c. (Conclude as ante, 38.) PECTING REAL PRO The indebitatus count is as ante, 37, inserting these words, " for the use and For board and lodgoccupation of certain rooms, apartments, and furniture of the said plaintiff be- ing (d). fore that time used and enjoyed by the said defendant, at his special instance and request, and by the permission of the said plaintiff, and for meat, drink, fire, candles, attendance, goods, chattels, and other necessaries by the said plaintiff before that time found and provided 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, "had before that time permitted the said defendant to use and enjoy, and that he the said defendant had accordingly used and enjoyed certain other rooms, apartments, and furniture of the said plaintiff; and also in consideration that the said plaintiff, at the like special instance and request of the said defendant, had before that time found and provided other meat, drink, fire, candles, attendance, goods, chattels, and necessaries for the said defendant, he the said defendant undertook," &c. (Conclude as ante, 38.) room of The indebitatus count is as ante, 37, inserting these words, " for warehouse- For wareroom by the said plaintiff before that time found and provided for, in and about housethe stowing and keeping of certain goods and chattels, before then stowed and goods (e). kept in certain warehouses and other erections and buildings and premises 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 found [*49] and provided other warehouse-room for, in, and about the stowing and keeping of certain other goods and chattels before then stowed and kept in certain other warehouses, erections, buildings, and premises of the said plaintiff for the said defendant, he the said defendant undertook," &c. (Conclude as ante, 38.) For the standing of a car The indebitatus count is as ante, 37, inserting these words," for the standing of certain carriages and chattels by the said plaintiff before that time kept and taken care of in certain buildings and premises for the said defendant, and riage. 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 kept and taken care of, in a certain building and premises, certain other carriages and chattels for the said defendant, he the said defendant undertook," &c. (Conclude as ante, 38.) (d) See the counts, post; when let for illegal or immoral purposes, this action does not lie. Selw. N. P. 67; see 1 Campb. (e) See form, Morg. Prec. 19. VOL. II. 5 1. RESPECTING REAL FRO PERTY. For the moorage of ships (ƒ). For fines sion to copyhold copy hold (g). The indebitatus count is as ante, 37, inserting these words, "for the mooring and fastening of a certain ship or vessel called, &c. to a certain chain of the said plaintiff, laying and being in the river Thames, in the said county of Middlesex, for a long space of time then elapsed, moored and fastened by the said defendant to the said chain of the said plaintiff, and by his permission and sufferance, and at the special instance and request of the said defendant, and being so indebted," &c. (Conclude as in ante, 37.)-The quantum meruit thereon is as ante, 37, inserting as follows, "had before that time, at the like special, &c. of the said defendant, permitted and suffered him to moor and fasten a certain other ship or vessel called to a certain other chain of him the said plaintiff, in the river Thames aforesaid, in the county aforesaid, and that the said defendant, by virtue of such permission and sufferance, had before then moored and fastened the said last-mentioned vessel to the said chain there, for a long space of time then elapsed, he the said defendant undertook," &c. (Conclude as ante.) The indebitatus count is as follows, "for that whereas the said defendant, on, on admis- &c. at, &c. [venue] being tenant of certain customary tenements, with the appurtenances, parcel of the manor of was indebted to the said plaintiff, then and still being lord of the said manor, in the sum of £— of lawful money of Great Britain, for certain reasonable fines duly assessed, due and payable from the said defendant to the said plaintiff, for and on the admission of him the said defendant, according to the usage and custom of the said manor into the said customary tenements, with the appurtenances, to hold to him, his heirs and assigns, of the lord of the said manor, at the will of the lord, according to the *custom of the said manor, and being so indebted," &c. (Conclude as ante, 37.)-No quantum meruit count is to be added. [ *50 ] For tolls passing over a The indebitatus count is as ante, 37, inserting these words, "for divers tolls on loaded and duties due and of right payable by the said defendant to the said baicarriages liffs, &c. for the passage of divers loaded waggons, and loaded carts of the said defendant, before that time drawn over a certain bridge, which said bridge the said bailiffs, &c. and their predecessors, by their said several names of incorporation from time whereof, &c. have from time to time repaired and supported, and have been used and accustomed to repair and support, and being so indebted," &c. (Conclude as ante, 37.)-No quantum meruit count is to bridge (h). For toll be added. The indebitatus count is as ante, 37, inserting these words, "for toll due and on goods of right payable by the said defendant to the said mayor and burgesses, &c. brought to for weighing at a certain beam of them the said mayor and burgesses, divers market and weigh- (g) This general count is sufficient, 1 T. lars of the land holden, need not be set out. 1 Bridg. Eq. Dig. 3d. ed. 381. (h) 1 his general count is sufficient. 1T. R. 616. 1 B. & P. 102. For tolls for passing over a manor with cattle, 1 Wentw. 180. (i) As to this count, 4 T. R. 104, and when the plaintiff must declare specially, see 6 East, 438. See form, and necessary evidence, 3 Bingh. 8. 1. RESPECTING REAL PRO- goods, wares, and merchandize of the said defendant, before that time brought by the said defendant to the said market of and in the said borough, to be there sold, and by the said mayor and burgesses, at the special instance and request of *the said defendant, weighed at the said beam, and being so indebted," &c. [*51 ] (Conclude as ante, 37.)—No quantum meruit count is to be added. For tolls due for into a mar ket, and sold therein, live cattle, at the suit of The indebitatus count is as ante, 37, inserting these words, "for divers reasonable tolls before that time and then due and of right payable by and from having the said defendant to the said plaintiff, as the farmer and proprietor of a certain brought market called the cattle-market, situate, &c. and of the dues, duties, tolls and privileges thereto belonging, and accruing and arising thereby and therefrom, from a certain time now elapsed, for and in respect of his the said defendant having, whilst he the said plaintiff was such farmer and proprietor as aforesaid, brought into the said market and sold therein divers live cattle, to wit, — bullocks, bulls, — oxen, debted, he the said defendant, in consideration, &c. No quantum meruit count is to be added. cows, heifers, and calves, and being so in(Conclude as ante, 37.) the farmer (k). count for The indebitatus count is as ante, 37, inserting these words, " for divers other Second intolls and duties before that time and then due, and of right payable by and debitatus from the said defendant to the said plaintiff, for and in respect of his the said same tolls. defendant having brought into the said market, and sold therein, divers other live cattle, to wit, &c. (as before) and being so indebted, &c. (Conclude as ante, 37.) The indebitatus count is as ante, 37, inserting these words, " for divers tolls before that time due and payable by the said defendant to the said plaintiff, as farmer and renter, duly made and appointed, according to the form of the Statute in such case made and provided, of the tolls due and payable according to the form of the Statute in such case made and provided, at a certain turnpikegate, duly erected and placed upon a certain turnpike-road, and at certain cranes, engines, and weighing-machines also erected upon and near to the said turnpike-road, according to the form of the Statute in that case made and provided (or, instead of the preceding statement, say, "constituted and appointed according to the form of the Statute in such case made and provided, of the tolls due and payable for carriages and cattle travelling upon a certain turnpike road in the county of and through a certain gate erected upon the said road, according to the form of the said Statute ;") for divers cattle. and carriages of the said defendant, which before that time had travelled upon the said turnpike-road, and through the gate aforesaid, and for divers other carriages of the said defendant, which had before that time travelled upon the said turnpike-road, and been weighed at the said cranes, engines, and weigh (k) See a precedent for tolls for goods pitched and exposed to sale in Newgate Market, 1 Wentw. 153; in Covent Garden Market, 3 B. & A. 366. For toll on wool bought in a market, see 1 Wentw. 156; and other precedents referred to in Petersdorff's Index, tit. Tolls. 1 T. R. 616. 1 B. & P. 102. 4 B. & A. 268. In general, the buyer is the party liable, 3 B. & A. 370; (1) This, though on a local act, will serve By the farmer, for tolls due for passing through turnpikegate (4). 1. RES ing-machines, and being so indebted," &c. (Conclude as ante, 37.)-No REAL PRO- quantum meruit count is to be added. PECTING PERTY. Second indebitatus count thereon. Petty customs (m). For calls on shares in a The indebitatus count is as ante, 37, inserting these words," for divers other tolls and duties before that time due and of right payable by the said defendant to the said plaintiff, for divers other cattle and carriages of the said defendant, which before that time had travelled upon a certain other turnpike-road, of which said last-mentioned tolls and duties the said plaintiff was then and there renter and collector in that behalf duly constituted and appointed, and being so indebted," &c. (Conclude as ante, 37.)—No quantum meruit count is to be added. The indebitatus count is as ante, 37, inserting these words, "for so much money due and payable to the said mayor, &c. for petty customs, for divers goods, wares, and merchandize, by the said defendant, before that time imported into the port of and being so indebted," &c. (Conclude as ante, 37.) The indebitatus count, after declaring specially, is as ante, 37, inserting these words, "for monies payable and due, owing from the said defendant to bridge (n). the said company, for and in respect of divers, to wit, shares of which the said defendant was proprietor, and which he held in the said bridge, by virtue of divers calls before then duly made by the said committee for the time being of the said bridge, for the said monies. bridge, for the said monies. And being so indebt [53] The like in another way. The like in another treasurer ed," &c. (Conclude as ante, 37.) *The indebitatus count, after declaring specially, is as follows," and whereas also the said defendant afterwards, to wit, on, &c. at, &c. was indebted to the said plaintiff, who then, and at the several times in this count mentioned, was and still is such treasurer as aforesaid, in the further sum of £— of like lawful money, for money due and payable from the said defendant to the said plaintiff as such treasurer, for a certain call or sum, to wit, the sum of £- duly called for and required by five or more of the commissioners for putting in execution the powers and authorities by the said act given and granted, to be paid by the said defendant to the said plaintiff, so being treasurer to the said commissioners, at a certain time before then elapsed, upon and in respect of a certain sum, to wit, the sum of £- which the said defendant had, before the passing of the said act, subscribed and agreed to advance, for the purposes in such act mentioned. And being so indebted," &c. (Conclude as ante, 37.) And whereas also, the said defendant afterwards, &c. was indebted to the form at the said company in the sum of, &c. of lawful, &c. for monies due and payable suit of the from the said defendant to the said company, for and in respect of divers, to to Vaux- wit, ten shares, of which the said defendant was proprietor, and which he hall bridge held in the said Vauxhall bridge, by virtue of divers calls before then duly made by the said committee for the time being of the said Vauxhall, &c. for the said monies. And being so indebted, he the said defendant, afterwards, company. (m) See a form for tolls and buoys, 4 M. & S. 288. (n) See special counts and notes, post, 390, 1, 3. to wit, on, &c. aforesaid, at, &c. aforesaid, undertook, and then and there 1. RESPEOfaithfully promised the said company," &c. (Conclude as ante, 37.) TING REAL PROPERTY. under a The indebitatus count is as ante, 37, inserting these words, "for and in re- For calls spect of his the said defendant having before then subscribed a certain sum of road act money, to wit, the sum of £- for and towards the making of the said road (0). in the said act mentioned, and which said sum of £ he the said defendant hath been duly required to pay in pursuance of the said act, at certain times now past, but hath neglected to pay the same. And being so indebted," &c. (Conclude as ante, 37.) At the suit of the trea surer of a canal com pany, for calls (p). And whereas also, the said defendant afterwards, to wit, on, &c. at, &c. was indebted to the said plaintiff, who then, and at the several times in this count mentioned, was, and still is, such treasurer as aforesaid, in the further sum of, &c. for money due and payable from the said defendant to the said plaintiff, as such treasurer as aforesaid, for a certain call or sum, to wit, &c. duly called for and required by five or more of the commissioners for putting in execution the powers and authorities by the said first-mentioned act given and granted to be paid by the said defendant to the said *plaintiff, so being [54] treasurer to the said commissioners at a certain time before then elapsed, upon and in respect of a certain sum, to wit, the sum of £- which the said defendant had, before the passing of that act, subscribed and agreed to advance, for the purposes in such act mentioned; and being so indebted, he the said defendant, in consideration thereof, afterwards, to wit, on, &c. at, &c. undertook and then and there faithfully promised the said treasurer," &c. (Conclude as ante, 37. Add a count on an account stated.) After the special counts, as post, 248, insert an indebitatus count, as ante, 37, inserting as follows, "for part of the expense of building a certain partywall, before then built at the expense of the said plaintiff, agreeably to the directions of the said act of parliament, between a certain other messuage or building of him the said plaintiff, situate and being in the parish aforesaid, in the county aforesaid, and a certain other messuage or building adjoining thereto; and which said last-mentioned party-wall had before then been made use of by the said defendant, who before and at the time of building and finishing the same, was the owner of and person entitled to the improved rent of such messuage or building, and also for part of certain other expenses which were neces (0) See 2 Chit. on Commercial Law, 133. (p) See special counts and precedents, post, 390. For law, &c. see 2 Chit. on Commercial Law, 134, &c. (q) The 14 Geo. 3. c. 78, after pointing out how the expenses of erecting party walls are to be defrayed, enacts, that "in case the same be not paid within twenty-one days next after demand thereof, then the same shall and may be recovered, together with full costs of suit, of and from such owner or owners by action of debt, or on the case, in any of his Majesty's courts of record at Westminster," Sect. 41. As to the construction on this statute, see a full note, Chit. Col. Stat. 127; see also 3 T. R. 458.-5 T. See the special count, post, 248. It should The parties may by agreement between themselves, waive the formalities prescribed by the 14 Geo. 3. c. 78. Stuart v. Smith, 2 Marsh Rep. 435.-1 Holt, 321. 7 Taunt. 158. S. C. |