2. RES PECTING PERSONAL The like And whereas, also, heretofore, to wit, on, &c. at, &c. aforesaid, in consideration that the said plaintiff, at the special instance and request of the said defendant, had, before *that time, carried and conveyed certain other goods, PROPERTY. merchandizes, and chattels, in and on board of certain other ships or vessels [*63] of the said plaintiff, in and during a certain other voyage, and had incurred in another and sustained certain losses, damages, and expenses, as to the said last-men- form tioned ship or vessel, in and about the preservation of the said last-mentioned goods, merchandizes, and chattels, whilst on board thereof as aforesaid, he the said defendant undertook, and then and there faithfully promised the said plaintiff to pay him so much money as he therefore reasonably deserved to have of and from the said defendant, when he the said defendant should be thereunto afterwards requested; and the said plaintiff avers, that he therefore reasonably deserved to have of and from the said defendant the further sum of £ of like lawful money, whereof the said defendant, afterwards, to wit, on the day and year last aforesaid, at (venue) aforesaid, had notice.-[Add counts for money paid, account stated, and usual breach.] The indebitatus count is as ante, 37, inserting these words, "for the tonnage of divers goods, merchandize, and chattels, of the said defendant by the said plaintiff, before that time carried and conveyed upon divers parts of a certain cut or canal, navigable and passable from divers places to divers other places, in certain boats, barges, and other vessels, 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 carried and conveyed divers other goods, merchandize, and chattels, of the said defendant, upon divers other parts of the said cut or canal, in certain other boats, barges, and vessels, for the said defendant, he promised the said plaintiff to pay him so much money as he therefore reasonably deserved of the said defendant to have for the tonnage thereof.”—(Conclude as ante, 38.) For the tonnage of goods (i). board a [ *64] The indebitatus count is as ante, 37, inserting these words, "for the pas- For a passage of the said defendant (or, of divers, to wit, seamen before then sage on carried and conveyed by the the said plaintiff') in and on board of a certain ship (k). ship or vessel, whereof the said plaintiff was master and commander, from divers ports and places to divers other ports and places, and at the special instance and request of the said defendant, *and being so indebted," &c.— (Conclude as ante, 37.)—The quantum meruit thereon is as ante, 37, inserting as follows, "had before that time carried and conveyed the said defendant (or, divers, to wit, other seamen') in and on board of the said ship or vessel whereof the said plaintiff was master and commander, from divers ports and places to divers other ports and places, he the said defendant undertook," &c.-(Conclude as ante, 38.) (i) 3 Wentw. 70 5 (k) Governed by rules as to freight. East, 320, 321.-2 Campb. 15, 16.-3 Chit. Com. Law, 424.-Abbott on Ship. 5th edit. 206. { As to the law relating to a cap 2. RE PERSONAL (1). The indebitatus count is as ante, 37, inserting these words, "for the use of SPECTING a certain ship or vessel whereof the said plaintiff was owner (m), by the said PROPERTY. defendant before that time retained and kept on demurrage, with certain goods, For de- merchandize, and chattels on board thereof, for a long time before then murrage elapsed, 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 suffered and permitted the said defendant to retain and keep, and that he the said defendant had accordingly retained or kept, a certain other ship or vessel whereof the said plaintiff was owner, with certain other goods, merchandize, and chattels on board thereof, on demurrage, for a long time before then elapsed, he the said defendant undertook," &c.-(Conclude as ante, 38.) For lighterage. *65 1 erage, wharfage, and ware house room (n). The indebitatus count is as ante, 37, inserting these words, "for the lighterage of divers goods, merchandize, and chattels, by the said plaintiff before that time carried and conveyed in certain lighters and other vessels of the said plaintiff, and by the said plaintiff shipped and landed from and out of the same for the said defendant, and at his special instance and request, and being," &c.—(Conclude as ante, 37.)—The quantum meruit thereon is as ante, 37, inserting as follows, "had before that time carried and conveyed divers other goods, merchandize, and chattels, in certain other lighters and other vessels of the said plaintiff, and had unshipped and landed the same from and out of the same ships and other vessels for the said defendant, and at his like special instance and request, he the said defendant undertook," &c.—(Conclude as ante, 38.) *The indebitatus count is as ante, 37, inserting these words, "for the lightFor light- erage, wharfage, and warehouse-room of divers goods, merchandize, and chattels, by the said plaintiff before that time shipped and landed in and by certain lighters and other vessels of the said plaintiff, and deposited and kept in and upon a certain wharf, and certain warehouses 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 shipped and landed divers other goods, merchandize, and chattels, in and by certain other lighters and vessels of him the said plaintiff, and had deposited and kept the same in and upon a certain other wharf, and certain other warehouses and pre () As to demurrage, see Abbott on Ship. 5th edit. 169, 180, &c. 3 Chit. Com. Law, 427.430. When this general count suffices, see 3 Taunt. 387, and when not, 2 Esp. Rep. 703. If the contract for demurrage be under seal, the declaration must be in debt on the deed, 1 New Rep. 104. Ante, vol. i. 5, and see a precedent in Debt, post, 426; in Covenant, post, 528. If there be no contract for demurrage, the declaration should be special on the implied contract, to ship or unship the goods in a reasonable time. 2 New Rep. 258.-4 Campb. 131.12 East, 179.-6 J. B. Moore, 415, 425.--3 C. & P. 186.—Abbott, 181; and see a form, post, 221. (m) The owners, and not the master, must sue for demurrage, or on an implied contract to pay a compensation for the detention of the vessel where there has been no express contract. Abbott, 4th edit. 169, 170. 4 Taunt. 1. Aliter on an express contract. 4 Taunt. 52.-Evans v. Foster, K. B. 30th June, 1830. S. P. And see further, Chitt. jun. 2d Edit. 185, note (g). } (") This form may be easily applied to a demand for wharfage, or for warehouseroom only. And see the precedent for warehouse-room, ante, 48: Morg. 26. mises of the said plaintiff, for the said defendant, he the said defendant under- for watook," &c.-(Conclude as ante, 38.) (o). GES. III. RESPECTING PERSONAL SERVICES (p). First,-Wages. For wages as a hired servant The indebitatus count is as ante, 37, inserting these words, "for the wages or salary of the said plaintiff, before that time and then due and payable from the said defendant to the said plaintiff, for the service of the said plaintiff, by (q). him before then done and performed as the hired servant of and for the said defendant, and on his retainer, and being so indebted," &c. (Conclude as ante, 37.) If the service has been performed on board a ship add these words, "in and on board a certain ship or vessel." *The indebitatus count is as ante, 37, inserting these words, "for the wages of the said plaintiff before that time and then due and payable from the said defendant to the said plaintiff, for the service of the said plaintiff before then done and performed as a mariner, of and belonging to a certain ship or vessel, whereof the said defendant, during the time of such service, was master (0) For boomage, buoys, and sea-marks, See Pl. Ass. 52, 3. For moorage, See 3 Wentw. 69, and ante, 49. For pilotage, crimpage, and salvage, see post, 67, 68. (P) When the demand is for wages, fees, or work and labor in particular professions, &c. it is usual to insert a count stating concisely the nature of the service as in the above precedents, but the usual common count for work and labor, post, 74, will perhaps in all cases, suffice. 3 Campb. 37. 2 Wils. 20. 1 New Rep. 259. 2 Saund. 350, n. 2. 373. {And in the recent case of Fisher v. Snow, 3 Dowl. Rep. 29, it was considered, that under a count for work done and materials found, an attorney might recover his fees for conducting an action or defence, and for preparing deeds or securi. ties. Since the Gen. Pleading Rules, Hil. Term, 4 W. 4. sec. 5, prohibiting several counts for the same debt, or subject matter, the pleader must make his election, and adopt a form precisely applicable, or one most comprehensive and general, so as to avoid all risk of variance in the description of the service performed. As to the apportionment of seamen's wages, see Tesse v. Roy, I Cr. M. & R. 316. } (4) As to the wages of servants in general, see Chit. jun. Contr. 172.-Burn, J. tit. Servants ;" also note, post, 74. {1 Chit. Gen. Pract. 72 to 84.} The demand for wages being specific, no quantum meruit is added, but it is usual to add two counts for work and labor generally, as post, 74. If the defendant has refused to employ the plaintiff, a special count should be inserted for not employing. 2 East, 145, as post, 324. So if the plaintiff was turned away without the usual month's notice, a special count should be inserted, as in form, post, 326. See 2 East, 145. 3 C. & P. 349. It seems, however, that where wages are pay able quarterly, or at other intervals, and the servant is discharged in the middle of the quarter, &c. he may recover for the remainder of the quarter, &c. on a general count for work and labor.-1 Stark. 198. Campb. 375. S. C. 5 Bingh. 132. 4 (r) If it be against the owner of the ship, say, "a certain ship or vessel of the said defendant;" and omit the words in italics. The observation in the note to the last precedent is applicable to this. If the contract be under seal, and delivered as a deed, an action of debt or covenant must be brought; if it be not under seal, or not so delivered, then an action of assumpsit or debt. Abbott on Ship. 5th ed. 485. Where the defendant has refused to employ the plaintiff as seaman, or improperly dismissed him, the declaration should be special. See form, post, 325. The plaintiff is not bound to show that the ship earned freight, the defendant must prove the negative, if such proof will furnish a defence. 7 Taunt. 319. 1 Hagg. Ad. Rep. 227. Abbott, Ship. 5th ed. 485. For the law in general, see Abbott on Shipping.-Holt on Shipping. 1 Chitt. Gen. Pract. 73 to 74; and 2 id. 520 to 526. Semble that a common count for work done would frequently be preferable to that for wages. } as a sailor, For wages, against the captain or owner (r). [*66] FOR WA- For short allowance and commander, and for the said defendant, and on his retainer; and being so indebted," &c. (Conclude as ante, 37.) The indebitatus count is as ante, 37, inserting these words, "for and in remoney by spect of his the said plaintiff having, at the special instance and request of a seaman. the said defendant, for a long space of time, to wit, for the space of Quantum meruit thereon. mate, a months (s) then elapsed, and whilst he the said plaintiff served as a mariner on board the said ship or vessel of the said defendant, and for the said defendant relinquished his right to and not received from the said defendant a great part of his daily allowance of meat, drink, chattels, and other necessaries, which he the said plaintiff was, during that time, entitled to receive and have as such mariner as aforesaid, of and from the said defendant, under and by virtue of a certain agreement before then made between the said plaintiff and the said defendant; and being so indebted," &c. (Conclude as ante, 37.)— The quantum meruit thereon is as ante, 37, inserting as follows, "had before that time relinquished his right, and had not received for a long space of time, to wit, for the space of then elapsed, and whilst the said plaintiff served as a mariner on board the said ship or vessel of the said defendant, and for the said defendant another great part of his daily allowance of meat, drink, chattels, and necessaries, which he the said plaintiff was, during that time, entitled to receive and have as such mariner as aforesaid of and from the said defendant, under and by virtue of a certain agreement before then made between the said plaintiff and the said defendant, he the said defendant undertook," &c. (Conclude as ante, 38.) For wages, The indebitatus count is as ante, 37, inserting these words, "for the wages as a shipsteward or or salary of the said plaintiff before that time and then due and payable from the said defendant to *the said plaintiff, for the service of the said plaintiff, gainst the captain(t). by him before that time done and performed, as the steward of the said defend[*67] ant, for a long time before then elapsed, in and on board of a certain ship or For wages, vessel whereof the said defendant was, for and during all that time, master and commander, and for the said defendant, and on his retainer; and being so indebted," &c. (Conclude as ante, 37.)-If at the suit of the mate, instead of the words in italics, insert “mate of." (See ante, 65.) The indebitatus count is as ante, 37, inserting these words, “for the wages as captain, of the said plaintiff due and owing for his service, before then done and peragainst the owner (u). formed by him the said plaintiff, as master and commander of a certain ship or vessel for the said defendant, and on his retainer; and being so indebted," &c. (w). (Conclude as ante, 37.) For prize- The indebitatus count is as ante, 37, inserting these words, "for certain money, wages, &c. prize-money, wages, and reward, before that time, and then due and payable by a quar- from the said defendant to the said plaintiff, for the service of the said plaintiff, ter-mas ter,against (s) Any time sufficient to cover the real the owner. time. (t) A purser's steward on board one of his Majesty's ships cannot recover wages from the purser without express contract to pay. 2 Stark. 361. (u) What evidence sufficient to entitle him to wages, see 1 J. B. Moore, 65. (w) See observation, ante, 65, GES. before that time done and performed by the said plaintiff as quarter-master on FOR WAboard a certain ship or vessel of the said defendant, on the retainer, and at the special instance and request of the said defendant; and being so indebted," &c. (x). (Conclude as ante, 37.) master of a corps of The indebitatus count is as ante, 37, inserting these words, " for the pay or For salary salary of the said plaintiff before that time, and then due and payable from the as quartersaid defendant to the said plaintiff, for the services of the said plaintiff, before then done and performed by the said plaintiff as quartermaster of a certain troops. corps, called, &c. for the said defendant, and at his special instance and request; and being so indebted," &c. (y). (Conclude as ante, 37.) The indebitatus count is as ante, 37, inserting these words, " for certain pilot- For pilotage and reward before that time, and then *due and payable from the said age (z). defendant to the said plaintiff, for the pilotage, mooring, and unmooring of a [ *68] certain ship or vessel of the said defendant, by the said plaintiff before then piloted, moored, and unmoored for the said defendant, and on his retainer; and being so indebted," &c. (a). (Conclude as ante, 37.) The indebitatus count is as ante, 37, inserting these words, " for certain For crimpcrimpage and reward before that time, and then due and payable from the said age. defendant to the said plaintiff, upon and for the procuring, raising, and shipping of certain seamen by the said plaintiff before that time procured, raised, and shipped in and on board of a certain ship or vessel for the said defendant, and on his retainer; and being so indebted," &c. (b). (Conclude as ante, 37.) The indebitatus count is as ante, 37, inserting these words, “for salvage of a For salcertain anchor and cable by the said plaintiff, before that time saved for and vage (c). delivered to the said defendant; and being so indebted," &c. (Conclude as ante, 37.) The indebitatus count is as ante, 37, inserting these words, "for the work As an atand labor, care, diligence, and attendance of the said plaintiff by the said torney, in prosecutplaintiff before that time done, performed, and bestowed, as the attorney and ing and desolicitor of and for the said defendant, and upon his retainer, in and about the fending prosecuting, defending, and soliciting of divers causes, suits, and business for and pre (x) Ibid. (y) Ibid. Plead. A. 52, 58. (2) As to pilotage, see 6 Geo. 4. c. 125. and 1 Taunt. 300. Peake C. N. P. 107. 2 Chit. Com. Law, 46. Abbott on Ship. 5th ed. 148 to 161. (a) See observation, ante, 65. (b) Ante, 65. See note, ante, 65. In the case of salvage from perils of the sea, the statutes have not taken away the common law remedy, Abbott on Ship. 5th ed. 397. 3 B. & suits, &c, paring P. 612, and the precedent there; but in the deeds, &c. (d) This form will suffice in all cases by |