for keeping a hole (which led to defendant's cellar) so badly covered that plaintiff fell down and broke his leg, 599 for malicious arrest, where former suit ended on payment of money into the like where first suit discontinued, 605 the like where first suit non-prossed, 606 the like where a verdict for the defendant, ib. case by plaintiff against defendant and his attorney, for not releasing plaintiff out of prison after satisfaction of debt and costs, &c. 606 for malicious charge of felony before a justice, 606 a for maliciously exhibiting articles of peace at quarter sessions against plaintiff, in consequence of which he was arrested on a warrant of the justices, and obliged to find sureties and enter into recognizance to ap- pear at a future time, that he did appear but was not proceeded against for maliciously procuring search-warrant, and causing plaintiff's house to for a libel directly accusing plaintiff of a theft or other specific offence,627 for a libel imputing no specific offence, or imputing want of moral con- for a libel of plaintiff in his profession as an attorney, for a libel upon him- self and another, in his mode of conducting a commission of bankrupt- for a libel upon plaintiff in his employment as a servant against his master, in a letter to a person, who in consequence refused to take him into for a libel containing distinct passages of libellous matter, 632 for charging plaintiff with perjury on the execution of a writ of inquiry, with a special inducement to explain the words, 637 for slanderous words, directly accusing the plaintiff of perjury or other for words slandering plaintiff in his office, as for accusing a justice of peace with having pocketed fines forfeited by persons convicted by him, for words slandering plaintiff in his profession, as for slandering an attor- for accusing a governess of fornication, 641 b [641 d for words slandering plaintiff in his trade, as by calling him a rogue, &c. for words imputing insolvency to plaintiff in the way of his trade, 641 e by the keeper of bathing rooms, for words imputing a propensity to com- mit an unnatural crime, spoken in answer to a question put to defend- second count, 641 g for slander actionable only by reason of special damage, 641 h special damage that plaintiff lost acquaintances, &c. 641 j. for slander of title, in procuring a third person to attend at a public second count, 641 k. for saying to a person who was about to hire plaintiff's ship, that she was for slander, where the words are spoken ironically, 641 m. for slander, where it is to be collected from question and answer, 641 m. against stage-coach owners, for overloading, &c. whereby coach upset and plaintiff's leg broken, 647 against proprietor of stage-coach, for negligently driving, whereby coach was overturned, and plaintiff's wife so much hurt, that she, after being against owner of coach, for the negligence of his servant in driving same Against Innkeepers. against innkeeper, for refusing to lodge plaintiff, 668 for not carrying within reasonable time a box, 653 against coach proprietors, for loss of a parcel which they engaged to second count stating termini of journey with less particularity, 653 a fourth count for not taking care of parcel generally, 654 for not forwarding parcel, ib. against captain, under bill of lading, for deviating from voyage, 656 for neglecting unloading goods from ship, 664 against a carrier by water, for the loss of goods and injuring them in against owner of ship for not obtaining cocquet, &c. whereby goods for- DECLARATIONS IN CASE-(continued.) II. FOR TORTS TO PERSONAL PROPERTY-(continued.) against attorney, for negligently conducting a cause to trial without proper evidence, 669 general count against an attorney, for improperly conducting an action, 669 against an attorney, for not causing a sufficient title to an estate brought by plaintiff, to be conveyed to him, per quod he could not re-sell it, 669 b. general count against an attorney for neglience in investigating title, 669 c. Against a Bailiff. against a broker employed to distrain on plaintiff's tenant, for negligence in conducting the distress, whereby the goods were lost to plaintiff, 669 e. second count for not duly selling goods, 669 e. third count for carelessness generally, 669 f. fourth count for not distraining, 669 f. Against Bailees in general. against bailee, for negligence, stating purpose of bailment, 669 g. against bailee, without reward, for not taking care of and re-delivering on request, 672 against bailee of lease, for pawning it, 671 against miller, for mixing corn, 672 against acceptor of bill, for cancelling his acceptance, 673 for selling cow deposited with defendant as security for a debt, 674 against coal-meter, for not properly measuring coals, whereby plaintiff paid for more than he had, 676 for putting plaintiff's mare, taken damage feasant, into defendant's farm- For Deceit and Misrepresentation, &c. for falsely warranting a cable sound, 682 for deceitfully selling a smaller quantity of coals than pretended, 685 for deceitfully selling land for greater quantity than it was, 687 declaration in case, for misrepresenting the value and quantity of business, &c. done at a public-house, which plaintiff was about to purchase, and which he afterwards purchased of defendant, 688 for misrepresenting value of business, ib. for pretending defendant had given more for lease than he had, 690 for representing plaintiff's waggon set out from defendant's inn, 694 697 by proprietor of patent snuff, for selling snuff as if plaintiff's, ib. for defending ejectment in plaintiff's name, whereby plaintiff imprisoned for costs, 699 for representing third person fit to be trusted, 702 for misrepresenting the character of a person, whom plaintiff, in consequence, employed as his agent, 705 For negligently driving Carriages. [708 against stage-coach owner for his servant's driving against plaintiff's gig, For negligently navigating Ships. for running ship against plaintiff's barge, 713 information by Attorney-General, for running foul of king's ship, 714 DECLARATIONS IN CASE-(continued.) II. FOR TORTS TO PERSONAL PROPERTY-(continued.) For illegal Distresses. for double value of goods distrained, no rent due, on 2 W. & M. s. 1. c. 5. s. 5.-717 for distraining beasts of plough, and sheep, 718 for distraining tools of trade when sufficient other goods on premises, 718 for distraining more rent than was due, 719 for taking excessive distress for rent, on 52 H. 3. c. 4.-720 for distraining a second time on same goods for same rent, 720 for impounding distress off the premises, and not giving notice, 722 for refusing to restore distress, on tender of rent and costs, 723 for selling a distress within five days, 724 for not removing distress within reasonable time after five days, 724 a for selling under a distress, without having goods appraised by two sworn appraisers, 725 for selling a growing crop (under a distress) before the same had been gathered and appraised, contrary to the 11 Geo. 2. c. 19. s. 8.-725 for not selling for the best price, 725 a against a broker, on 57 Geo. 3. c. 93. for not giving a copy of the charges of a distress, 726 for not leaving the overplus of distress with the sheriff, ib. against plaintiff's landlord for not indemnifying him against a distress made on his goods by the ground-landlord, 727 For excessive Levies. for levying too much on judgment on warrant of attorney, 727 b. second count for issuing fieri facias, where nothing due, 728 for procuring fieri facias for more than judgment, 729 against sheriff, for levying too much and selling at undervalue, 730 For Rescue and Pound-Breach. for rescuing cattle taken damage-feasant, ib. for pound-breach, cattle taken damage-feasant, 735 for rescue of a person arrested on mesne process, 736 For Escapes. against sheriff for escape, on mesne process, 737 the like for not arresting on opportunity, 740 the like for false return of non est inventus, ib. the like for escape on final process, 741 against marshal for escape on mesne process, prisoner removed by habeas corpus, ib. against marshal for escape, where original action was in Common Pleas, and defendant therein was surrendered to warden of Fleet in discharge of bail, and thence by habeas corpus committed to the custody of the marshal, 742 a. second count, setting out the writ and proceedings more concisely, 742 c a general count against marshal for escape, where defendant in custody on a surrender in discharge of bail, 743 the like, where prisoner in custody under detainer by a fresh plaintiff, ib. against warden, where prisoner surrendered in discharge of bail, 745 For false Returns, &c. for false return of nulla bona to fieri facias, 748 for not levying, and for false return, 750 for false return of non est inventus, 740 For not taking Replevin Bond, 750 For taking insufficient Pledges in Replevin, 754 DECLARATIONS IN CASE-(continued.) II. FOR TORTS TO PERSONAL PROPERTY.-(continued.) For not obeying Subpana. for not obeying subpæna duces tecum, whereby plaintiff nonsuited, 757 For infringing Copyrights. for infringing copyright of book, 760 for exposing pirated copies to sale, 761 other counts, ib. for infringing copyright of a musical composition, ib. for infringing copyright of a print, 762 For infringing Patents. by patentee and assignee, 764 for making imitations, 766 For Injury to Property in Reversion. for injury to goods in possession of tenant, 767 III. FOR TORTS TO REAL PROPERTY CORPOREAL. To Houses, &c. in Possession. for obstructing ancient windows, 768 second count for continuing nuisance, 770 third count more general, and not stating means of obstruction, ib. second count, for not emptying cess-pool, 772 for manufacturing candles near a dwelling-house, 773 for keeping a slaughter-house near plaintiff's school, 775 for cutting down trees in an avenue, 776 for erecting a building next to plaintiff's, so that the rain-water ran therefrom on plaintiff's house, and injured it, and plaintiff thereby lost lodgers, &c. 776 To Houses, &c. in reversion. by reversioner for damage done to house, &c. in tenant's possession, 777 for stopping up chimneys in house, 778 For not repairing Fences. for not repairing, whereby plaintiff's cattle escaped and were hurt, 780 For Waste. by reversioner against tenant for voluntary waste, 784 the like in another form, by a reversioner against tenant who had quitted premises, for having cut down timber, and committed waste, 785 second count, for not cutting down timber as defendant ought to have done, 785 a. landlord against tenant, for not cultivating according to good husbandry, and not repairing, 785 a. For Injuries to Water-courses. for diverting water in river from plaintiff's mill, 788 second count, stating a general diversion of the water, without showing the means, 790 for not keeping banks of river in repair, 791 for widening cuts from stream, 793 for removing a hatch placed to prevent water running to a mill, per quod plaintiff could not repair or work mill, 794 for interrupting plaintiff in reversionary right to irrigate meadow, 794 a against owner of wharf, for placing tree in Thames, whereby plaintiff's barge struck, 795 for injury to navigable canal, whereby plaintiff's barges could not proceed, ib. for using more water to mill on canal than necessary, 798 VOL. II. D |