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XIX.Against when he the said C D should be thereunto afterwards requestBailece.

ed; and although the said C D then and there had and received the said goods and chattels of and from the said A B for the purpose aforesaid ; and although the said C D was afterwards, to wit, on, &c. at, &c. aforesaid, requested by the said A B to redeliver the said goods and chattels to him the said AB; yet the said CD, not regarding his said promise and undertaking, but contriving, &c. did not, nor would, take due and proper care of, and safely or securely keep the said goods and chattels, or any part thereof, for the said A B, nor did, nor would, at the said time when he was so requested as aforesaid, or at any time afterwards, redeliver the same to the said A B, but on the contrary thereof, he the said C D so negligently and carelessly conducted himself, with respect to the said goods and chattels, and took so little care thereof, that by and through the mere carelessness, negligence and improper conduct of the said C D and his servants in that behalf, *the said goods and chattels being of the value aforesaid, became and were wholly lost to the said A B, to wit, at, &c. aforesaid. [Add a count on defendant's implied undertaking to redeliver on request, omitting the statement of the want of care. If the defendant has been guilty of a conversion, or it be doubt. ful whether others also may be liable, it may be advisable to de. clare in case, adding a count in trover. 3 East, 62. 70.]

* 105

Commodatum, For that whereas heretofore, to wit, on, &c. at, &c. in consiante, 103. 20. For not deration that the said A B, at the special, &c. would from returning casks, or pay

time to time sell and deliver to him the said C D ale, and ing for them. would send and deliver the same to him the said C D, in hogs

heads and casks of the said A B, he the said C D undertook, &c. to return the said hogsheads and casks to him the said A B at the expiration of a reasonable time to be allowed for emptying the same, or to pay him for the said hogsheads and casks at the rate and price of 11. for each of the said hogsheads and casks. And the said A B avers, that he, confiding, &c. did afterwards, to wit, on, &c. aforesaid, and on divers other days and times between that day and the commencement of this suit, sell

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(:) See a form, 1 Wils. 115.

and deliver divers large quantities, to wit, - hogsheads and xx. For not

returning casks of ale, to the said CD, and did then and there cashis. send and deliver the same to him the said C D in divers, to wit, hogsheads and casks, of him the said A B, of great value, to wit, of the value of -. and although a reasonable time for emptying the said hogsheads and casks, and returning the same to the said A B hath long since elapsed. Yet the said C D, not regarding, &c. but contriving, &c. did nót, nor would, at the expiration of such reasonable time as aforesaid, or at any time before or since, although often requested so to do, return the said hogsheads and casks, or any of them, to the said A B, nor did, nor would, pay the said A B for the same, or any of them, at the rates and prices aforesaid. But to *return the said hogsheads and casks, or any of them * 106 to the said A B, or pay for the same as aforesaid, he the said C D hath hitherto wholly neglected and refused, and still neg. lects and refuses so to do, to wit, at, &c. aforesaid. [Second count for not returning the casks, omitting what relates to the payment of money, and add one count for casks, goods, &c. sold and delivered money had and received and the account stated.]

For that whereas before and at the time of the making of Pignori, the promise and undertaking of the said C D hereinafter next ante, 10%.

21. Against a mentioned, the said C D was a pawnbroker, to wit, at, &c. And pawnbroker thereupon heretofore, to wit, on, &c. at, &c. aforesaid, in con

for losing a

pledge. sideration that the said A B, at the special instance and request of the said C D, had then and there pawned and delivered to him the said C D, certain goods and chattels, to wit, &c. of him the said A B, of great value, to wit, of the value of. as and by way of pledge to him the said C D, for a certain sum of money, to wit, the sum of -. then and there advanced by him the said C D to the said A B, thereon, be the said C D undertook, &c. to take due and proper care of the said last-mentioned goods and chattels, until the same should be redeemed by the said A B, and redelivered by the said C D to the said 1 B. And although the said C D then and there had and received the said goods and chattels for the purpose, and on the terms aforesaid. Yet the said C D, not regarding, &c. but contriving, &c. did not take due and proper care of the said goods and chattels until the same were redeemed by the said .A B, and redelivered by the said

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XX1. Against C D to the said A B, but on the contrary thereof, he the said CD Pawnbrokers.

afterwards, and whilst he so had the custody of the said goods and chattels as aforesaid, to wit, on, &c. at, &c. aforesaid, took so little care of, and so negligently kept the said goods and chattels, that the same, while they were in the possession of the said C D, for the purpose aforesaid, by and through the mere care

lessness and negligence of the said C D in that behalf, became * 107

*and were wholly lost to the said A B, (or greatly damaged and spoiled,) to wit, at, &c. aforesaid. [Add a count as for a depositum, ante, 103. and Lord Raym. 912.]

Locatio rei, For that whereas heretofore, to wit, on, &c. at, &c. in conante, 103. 22. Against sideration that the said A B, at the special, &c. of the said the hirer of a horse for ri

C D would let to hire and deliver to him the said C D, a cerding it impro- tain horse(a) of him the said A B, of great value, to wit, of the perly, and a different jour- value of -. for him the said CD, to go and perform a certain ney from that for which it journey therewith, to wit, from. &c. to. &c. and from thence back was hired.

again to, &c. aforesaid, for certain reasonable reward to the said A B in that behalf, he the said C D undertook, &c. that be the said C D would not go or perform another or different journey with the said horse than the said journey from, &c. to, &c. aforesaid, and from thence back again to, &c. aforesaid, and that he would ride and use the said horse in a moderate, careful, and proper manner. And the said A B avers, that he, confiding, &c. did, afterwards, to wit, on, &c. aforesaid, at, &c. aforesaid, let to hire, and deliver the said horse to the said CD, and the said C D then and there hired and received the same of and from the said A B, for the purpose and upon the terms aforesaid. Yet the said CD, not regarding, &c. but contriving, &c. afterwards, to wit, on, &c. aforesaid, went and performed with the said horse another and different journey than the said journey from, &c. aforesaid, to, &c. aforesaid, and from thence back again to, &c. aforesaid, that is to say, a certain journey from, &c. aforesaid, to, &c. aforesaid and thence to a certain place called , in the county of and thence back again to aforesaid, and in going and performing the said last-mentioned journey as

(a) This is usual, though to avoid insert the words, “and bridle and any doubt, it may perhapsbe advisa- saddle." ble, when applicable to the facts, to

aforesaid, he the said C D so immoderately, violently, carelessly, .Against Bailand improperly rode and used the said horse, that by means of ees. the several premises aforesaid, the said "horse became and was * 108 greatly lamed and hurt, and so remained and continued for a long space of time, to wit, &c. hitherto and during all which time he the said A B lost and was deprived of the use and benefit of his said horse, and also thereby the said horse then and there became and was greatly damaged, lessened in value, and spoiled, to wit, at, &c. aforesaid. [The second couni is usually for riding the horse immoderately, and is as follows :] And Second count. Whereas also heretofore, lo wit, on, &c. afores.id, at, &c. aforesaid, in consideration that the said A B, at the like, &c. had let to hire and delivered to him the said C D, a certain other horse of him the said A B of great value, to wit, of the value ot, to be ridden and used by the said C D, he the said i' D undertook, and then and there faithfully promised the suid A B to ride and use the said last-mentioned horse in a moderate, care, sul and proper manner. And although the said C D then and there had and received the said last-mentioned horse of and from the said i B, for the purpose last aforesaid. Yet the said C D, not regarding his said last-mentioned promise and undertaking, but contriving, &c. did not, nor would, ride or use the said last-mentioned horse in a moderate, careful or proper manner, but wholly neglected and refused so to do. And on the contrary thereof, he the said CD, after the making of his said last-mentioned promise and undertaking, to wit, on, &c. aforesaid, at, &c. aforesaid, so carelessly and improperly rode and used the said last

mentioned horse, that by means thereof, the said lastmentioned horse became and was greatly lamed and hurt, and so remained and continued for a long space of time, to wit, hitherto, during all which time he the said A B thereby lost and was deprived of the use and benefit of the said last-mentioned horse, and also thereby the said last-mentioned horso being of the value aforesaid, became and was greatly damaged, lessened in value, and spoiled, to wit, at, &c. aforesaid. [If there be any doubt whether the injury were occasioned by imfiroa per riding, it is advisable 10 add a count nearly similar to the "last, but stating the defendant's promise to have been, " that

* 109 whilst he should so have the use of the said last-mentioned VOL. II.

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Against Bail: horse as aforesaid, he would take due and proper care there

of,and averring, “ that the defendant had the use, &c. and that whilst he so had the use, &c. he did not take due and proper care thereof, but wholly neglected so to do. And by reason thereof the said last-mentioned horse, on, &c. became and was greatly damaged, to wit, at, &c. aforesaid.” [It may also be advisable to add another count, stating “ that whereas heretofore, to wit, on, &c. at, &c. in consideration that the plaintiff, at the special, &c. had delivered to the defendant a certain other horse, &c. to be had and used by the defendant, (omitting the statement for hire,) defendant undertook," &c. stating the promise, as in the count last suggested. If there be any demand for horse-hire, add the common counts, ut ante, 21. and the account stated and breach.]

Locatio rei, That whereas heretofore, 10 wit, on, &c. at, &c. in consider

ante, 103. 23 for not ation that the said A B at the special, &c. had let to hire and taking care of delivered to the said C D certain household-furniture, goods household fur. niture let to and chattels, to wit, &c. of the said 1 B of great value, to wit, hire to defendant.

&c. to be had and used by the said C D for a certain time in that behalf agreed upon by and between the said A B and the said CD, to wit, &c. he the said C D undertook, &c. to lake due and proper care of the said household-furniture, goods and chattels, and to redeliver the same to the said A B at the expiration of the time for which the same were so let to hire as aforesaid, and although the said C D then and there had and received the said household-furniture, goods and chattels, of and from the said A B for the purpose aforesaid, and although the time for which the same were so let to hire as aforesaid, hath long since elapsed. Yet the said C D not regarding, &c. but contriving, &c. did not, nor would, take due and proper

care of the said household-furniture, goods and chattels, or at * 110

the expiration of the time for *which the same were so let to hire as aforesaid, or at any time afterwards, redeliver the same or any part thereof to the said A B, (although he was afterwards, to wit, on, &c. at, &c. aforesaid, requested by the said A B so to do, but on the contrary thereof he the said C D took so little care of the said household-furniture, goods and chattels, that by and through the mere negligence and carelessness of the said C D in this behalf, a great part of the said household-furniture, goods and chattels, to wit, &c. [here spes

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