*I. RESPECTING REAL PROPERTY. The indebitatus count is as ante, 5. inserting these words: "for a certain messuage or tenement and premises, with the appurtenances of the said A B, situate, lying and being in the parish of in the county of -(w) before that time bargained, sold, and released(x) by the said A B to the said CD, and at his special instance and request. And being so indebted," &c. (Conclusion as ante, 5.) The quantum meruit thereon is as ante, 6. inserting as follows: "had before that time bargained, sold, and released to the said CD, a certain other messuage or tenement, and premises, with the appurtenances of the said A B, situate, &c. he the said C D undertook," &c. (Conclusion is as ante, 6.) 1. Respecting real property. 1. For a free hold estate sold and conveyed. hold estate The indebitatus count is as ante, 5. inserting these words: "for 2. For a copy. certain messuages, lands, and tenements, with the appurte- surrendered. nances, situate, &c.(y) before that time bargained, sold, and surrendered, by the said A B to and for the said C D, and at his special instance, &c. And being so indebted," &c. (Conclusion as ante, 5.) The quantum meruit thereon is as ante, 6. inserting as follows: "had before that time bargained, sold, and surrendered to and for the said CD, certain other messuages, lands, and tenements, with the appurtenances, situate, &c. he the said C D undertook," &c. (Conclusion is as ante, 6.) hold estate The indebitatus count is as ante, 5. inserting these words: "for 3. For a leasecertain messuages, lands, and tenements, with the appurte- sold and asnances, situate,(z) &c. before that time bargained, *sold, and signed. *8 assigned by the said A B to the said C D, and at his special instance and request, for the remainder of a certain term then to come and unexpired therein. And being so indebted," &c. (Conclusion as ante, 5.) The quantum meruit thereon is (w) It is usual but unnecessary to state the situation, 6 East, 348. If misstated, the variance will be a ground of nonsuit, 1 Esp. Rep. 273. (x) This allegation will depend on the nature of the conveyance, as whe- (y) Ante, n. (w). 1. Respecting as ante, 6. inserting as follows: "had before that time bargainreal property. ed, sold and assigned certain other messuages, &c. with the appurtenances, situate, &c. for the remainder of a certain term of years then to come and unexpired therein, he the said CD undertook," &c. (Conclusion is as ante, 6.) 4. For the good-will of a public-house, tiff's business therein. The indebitatus count is as ante, 5. inserting these words: " for the good-will of a certain public-house, commonly called or and the plain known by the name or sign of -, situate, (a) &c. and the business of him the said AB of a victualler therein, before that time surrendered, relinquished, and given up by the said A B, to and in favour of the said CD, and at his special, &c. And being so indebted, "&c. (a quantum meruit may be readily framed.) 5. For the *a house and The indebitatus count is as ante, 5. inserting these words: " for use and occu- the use and occupation of a certain dwelling-house, (or "of a pation of a house or of certain dwelling-house, buildings, and land,") with the appurtenances of the said A B, situate, &c.(d) by the said *C D, and at his special instance and request, and by the sufferance and permission of the said A B for a long time then elapsed, had, held, used, occupied, possessed, and enjoyed. And being so indebted," &c. (Conclusion as ante, 5.) The quantum meruit thereon is as ante, 6. inserting as follows: "had before that time suffered and permitted the said CD to have, hold, use, occupy, possess and enjoy a certain other dwellinghouse (or, a certain other dwelling-house, buildings and land') (a) Ante, 7. n. (w). (c) This count is founded on 11 Geo. II. c. 19. s. 14. but the statute is not usually referred to in the declaration. It is unnecessary in debt or assumpsit for use and occupation to state where the premises lic, or any of the particulars of the demise, 6 East, 348. though the venue may be local when the demise was not to the defendant, the same as against the assignee of the lessee in covenant, 1 Saund. 241. n. 5. This count is sufficient though the defendant may not himself have occupied the premises, 8 T. R. 327. The defendant cannot plead nil habuit, 1 Wils. 314. 2 Wils. 208. and therefore it does not seem material to allege that the estate was the plaintiff's. Where there is an agreement under seal, for a lease not containing any covenant for the payment of rent, this action may be supported, 4 Esp. 58. If it be doubtful whether there be a demise under seal it is advisable to declare in debt on demise, as in 1 Saund. 276. n. 1. 202, 203. 1 New Rep. 104. Ld. Raym 1503. with a count in debt for use and occupation. (d) It is not necessary or advisable to state the local situation, ante, 7. n. (w). with the appurtenances of the said A B, situate, &c. And 1. Respecting that he the said C D had, according to the said last-mentioned real property. sufferance and permission of the said A B, holden, used, occupied, possessed and enjoyed the same for a long space of time then elapsed, he the said C D undertook," &c. (Conclusion is as ante, 6.) 6. On 11 Geo. II. c. 19. s. 18. for double rent, tenant lected to quit in pursuance of his own notice.(e) The indebitatus count is as ante, 5. inserting these words:" for that whereas the said C D, after the 24th of June, 1738, mentioned in a certain act of parliament made in the 11th year having neg of the reign of his late majesty king George II. entitled, &c. (to wit,) on the 35th day of March, A. D. 1806, at, &c. by force of the statute in such case made and provided, became and was indebted to the said A B in a large sum of money, (to wit,) the sum of 107. of lawful, &c. for the use and occupation of a certain messuage, with the appurtenances, situate, &c. on the 25th day of December, A. D. 1805, held by the said C D as tenant thereof to the said A B, at and under the yearly rent of 201. payable quarterly by the said CD, and at his special instance, &c. for a long space of time, to wit, from the 25th December, A. D. 1805, till the said 25th March, A. D. 1806, had, used, occupied, possessed, and enjoyed, notwithstanding a certain notice theretofore given by the said CD to the said A B, of his intention to quit, and that he the said CD would quit and deliver up unto the said A B, the *said messuage, with the appurtenances, upon the said 25th December, A. D. 1805. And being so indebted," &c. (Conclusion as ante, 5.) The indebitatus count is as ante, 5. inserting these words: " for the use of certain pasture land of the said AB and the eatage of the grass thereon growing, by him the said A B before that time let to the said CD, and at his special instance, &c. and by the said C D, according to such letting, had and used in and for the depasturing of certain cattle, for a long time before then elapsed, and being so indebted," &c. (Con * 10 (e) See a good precedent with notes, and a suggestion that the venue is local, 2 Wentw. 64, 65. The re VOL. II. medy when the landlord gives notice 1. Respecting clusion as ante, 5.) The quantum meruit thereon is as ante, 6) real property. inserting as follows: " had before that time suffered and permitted the said C D to have and enjoy, and that the said CD had accordingly had and enjoyed certain other pasture land of him the said A B, and the eatage of certain grass thereon growing, in and for the depasturing of certain other cattle for a long time before then elapsed, he the said CD undertook," &c. (Conclusion is as ante, 6.) 8. For the use and oc cupation of unfurnished fodging's. * 11 9. For the use and occu ings. The indebitatus count is as ante, 5. inserting these words: "for the use and occupation of certain rooms and apartments in and parcel of a certain dwelling-house of the said AB, situate, &c.(ƒ) by the said C D, and at his special instance, &c. and by the sufferance and permission of the said A B for a long space of time before then elapsed, had held, used, occupied, possessed and enjoyed,(g) and being so indebted," &c. (Conclusion as ante, 5.) The quantum meruit thereon is as ante, 6. inserting as follows: "had before that time permitted the said CD to have, hold, use, occupy, possess, and enjoy certain other rooms and apartments in, and parcel of a certain other dwelling-house of the said A B, situate, &c. and that he the said CD had, according to the said last-mentioned sufferance and permission had, holden, &c. the same for a long space of time then elapsed, he the said CD undertook," &c. (Conclusion is as ante, 6.) The indebitatus count is as ante, 5. inserting these words: “ for pation of fur- the use and occupation of certain rooms and apartments in nished lodg and parcel of a certain dwelling-house of the said A B, situate, &c. by the(h) said C D, and at his special instance, &c. and by the sufferance and permission of the said A B for a long space of time before then elapsed, had held, used, occupied, possessed and enjoyed, together with certain household furniture, table linen, and other necessaries, goods and (f) It is not necessary, nor advisa- it is advisable to declare on the agreeble to state the local situation, ante, 7. n. (w). (g) This count is sustainable though the defendant may have re fused to occupy, though in such case ment. (h) It is not necessary, nor advisable to state the local situation, antę, 7. n. (w). chattels, of the said A B therein being, and being so indebt. 1. Respecting real property.. ed," &c. (Conclusion as ante, 5.) The quantum meruit thereon is as ante, 6. inserting as follows: "had before that time suffered and permitted the said CD to have, hold, use, occupy, possess and enjoy, certain other rooms and apartments in and parcel of a certain other dwelling-house, of the said A B, situate, &c. and that the said CD had, according to the last-mentioned sufferance and permission of the said AB, had holden, &c. the same together with certain other household furniture of the said A B therein being, for a long time before then elapsed, he the said C D undertook," &c. (Conclusion is as ante, 6.) The indebitatus count is as ante, 5. inserting these words: "for 10. For board certain rooms, apartments and furniture of the said A B be- and lodging. fore that time used and enjoyed by the said CD at his special instance, &c. and by the permission of the said A B, and for meat, drink, fire, candles, attendance and other necessaries, by the said A B before that time found and provided for the said CD, and at his like special, &c. and being so indebted," &c. (Conclusion as ante, 5.) The quantum meruit thereon is as ante, 6. inserting as follows: " had before that time permitted the said CD to use and enjoy, and that he the said CD had accordingly used and enjoyed certain other rooms, apartments *and furniture of the said A B, and also in consideration that the said A B, at the like special, &c. had before that time found and provided other meat, drink, fire, candles, attendance and necessaries, for the said C D, he the said C D undertook," &c (Conclusion is as ante, 6.) * 12 house-room of goods. The indebitatus count is as ante, 5. inserting these words: "for 11. For watewarehouse room by the said A B before that time found and provided for, in and about the stowing, and keeping of certain goods and merchandise, before then stowed and kept in a certain warehouse of him the said A B, for the said C D, and at his special instance, &c. and being so indebted," &c. (Conclusion as ante, 5.) The quantum meruat thereon is as ante, 5. in |