ees. eify them] of the said A B of great value, to wit, &c. became Against Bailand were wholly lost to him the said A B, to wit, at, &c. aforesaid. [The second, or other special counts in a case of this nature frequently vary; it may be advisable in general to add a count stating a delivery to the defendant to be used generally and not stating that he had the use of them for any particular purpose or time, and confining the promise and breach merely to the care of the goods. If there be any demand for the use of the furniture, add the common counts, ut ante, 21. and the account stated-and breach.] of a And Locatio operis 24. Against ed to him to For that whereas the said C D, before and at the time of the making of his promise and undertaking hereinafter next mentioned, was a watchmaker, and the trade and business watchmaker then followed and carried on, to wit, at, &c. thereupon heretofore, to wit, on, &c. at, &c. aforesaid, in consideration that the said A B, at the special, &c. of the said CD, repair. had then and there delivered to him the said CD a certain watch of him the said A B of great value, to wit, of the value of. of lawful, &c. to be repaired by him the said C D in the way of his said trade or business of a watchmaker, for reasonable reward, to be therefore paid by the said A B to the said CD, he the said C D undertook, &c. to repair the said watch, and to take due and proper care thereof, until the same should be returned by the said C D to the said A B. Yet the said CD not regarding, &c. but contriving, &c. did not, nor would, take due and *proper care of the said watch, until the same was returned by him the said CD to the said A B, but on the contrary thereof, he the said C D after the making his said promise and undertaking, to wit, on, &c. aforesaid, at, &c. aforesaid, so carelessly and negligently behaved and conducted himself with respect to the said watch, that by and through the mere carelessness, negligence, and improper conduct of the said CD in that behalf, the said watch being of the value aforesaid, became, and was, and still is, wholly lost to the said A B, to wit, at, &c. aforesaid. And whereas also afterwards, to wit, on, &c. aforesaid, at, &c. aforesaid, in consideration that the said A B, at the special, &c. of the said CD, had then and there delivered to the said C D a certain other watch, of great value, to wit, &c. to be rectified by him the said CD for certain reward, to * 111 Second count, the for not redelivering watch. Against Bail be therefore paid to him, he the said C D undertook, &c. to ees. for losing a endeavour to rectify the said last-mentioned watch within a reasonable time then next following, and to deliver the same to the said A B, whenever after such reasonable time had elapsed he the said C D should be thereunto requested. And although the said CD then and there had received the said last-mentioned watch for the purpose last aforesaid. Yet he, not regarding his said last-mentioned promise and undertaking, hath not, although a reasonable time for rectifying the said last-mentioned watch hath long since elapsed, and the said CD was, after such reasonable time had elapsed, to wit, on, &c. aforesaid, at, &c. aforesaid, requested by the said A B so to do, as yet delivered to him the said A B the said last-mentioned watch, but hath hitherto wholly neglected and refused so to do, to wit, at, &c. aforesaid. [Add count for money had and received. If there be reason to apprehend that the defendant has been guilty of a conversion, it may be advisable to declare in case, with a count in trover, 3 East, 62. 70.] 25. Against vered to him lar vessel.(b) situ ate and being near to and adjoining the river Thames, in the city of London, to wit, at, &c. and thereupon heretofore, to wit, on, &c. at, &c. aforesaid, in consideration that the said AB at the special, &c. of the said CD, had caused to be delivered to the said CD at and upon the said wharf, a certain hamper, containing certain goods and chattels, to wit, &c. of the said A B of great value, to wit, of the value of. &c. to be by him, the said CD, safely and securely kept at and upon the said wharf, and from thence shipped in and on board of a certain ship or vessel, for the purpose of being carried and conveyed therein from the river Thames aforesaid, to a certain (b) A wharfinger is not, like a carrier, responsible at all events for the safe custody of goods entrusted to his care he is liable only when he is guilty of negligence. See 4 T. R. 581. Peake's N. P. 114. See precedents, 2 Wentw. Index. 7 T. R. 171. 3 Wentw. 21. * 113 place called, &c. for reasonable wharfage and reward to the Ageinst Bailsaid CD in that behalf, he the said CD undertook, &c. that he the said CD would safely and securely keep the said hamper and its contents aforesaid, at and upon the said wharf, andwould ship the same in and on board of the said ship or vessel in manner and for the purpose aforesaid, and although the said C D then and there had and received the said hamper and its contents aforesaid, and could, and might, and ought to have shipped the same in and on board of the said ship or vessel, in manner and for the purpose aforesaid; yet the said C D not regarding, &c. but contriving, &c. in this behalf, did not, nor would, safely and securely keep the said hamper and its contents aforesaid, at and upon the said wharf, nor ship the same in and on board of the said ship or vessel, in manner and for the purpose aforesaid, but on the contrary thereof he the said CD so carelessly and negligently conducted himself in this behalf, that by and through the *mere carelessness and negligence of the said CD and his servants in that behalf the said hamper and its contents aforesaid, being of the value aforesaid, became and were wholly lost to the said A B, to wit, at, &c. aforesaid. And whereas also heretofore, to wit, on, &c. aforesaid, at, &c. aforesaid, in consideration that the said AB at the like special, &c. had caused to be delivered to the said CD certain other, &c. of the said A B of great value, to wit, a &c. to be by him the said C D, safely and securely kept and taken care of, and shipped within a reasonable time then next following, in and on board of some ship or vessel, about to sail and proceed from the river Thames aforesaid, to, &c. aforesaid, for certain reasonable reward to the said CD in that behalf, he the said CD undertook, &c. safely and securely to keep the said last-mentioned, &c. till the same should be so shipped as last aforesaid, and to ship the same within a reasonable time then next following in and on board of some ship or vessel about to sail from, &c. aforesaid, to, &c. aforesaid; and although the said CD then and there had and received the said lastmentioned, &c. for the purpose last aforesaid, and although a reasonable time for the said C D to ship the said last-mentioned, &c. hath long since elapsed, and although the said CD could and might during that time, have shipped the said lastmentioned, &c. as last aforesaid, yet the said CD not regard Second count, for not ship ping the hamper on board any vessel in reasonable time. Against Bail- ing, &c. but contriving, &c. did not, nor would, within such ces. * 114 Third count, for not keep ing safely till the hamper was shipped. reasonable time as aforesaid, or at any time since, ship the said last mentioned, &c. in and on board of any ship or vessel about to sail from, &c. aforesaid, to, &c. aforesaid, but wholly neglected so to do, and the said C D so carelessly and negligently conducted himself in that behalf, that by and through the mere carelessness and negligence of the said C D, the said last-mentioned, &c. being of the value aforesaid, became and were wholly lost to the said A B, to wit, at, &c. aforesaid. *And whereas also the said CD heretofore, to wit, on, &c. aforesaid, at, &c. aforesaid, in consideration that the said A B at the special, &c. of the said CD, had caused to be delivered to him the said CD a certain other hamper, containing certain other, &c. to wit, &c. of the said A B of great value, to wit, of the value, &c.† and which said last-mentioned hamper, and its contents aforesaid, were then and there intended to be shipped, for and on account of the said A B, to be by him the said CD safely and securely kept at and upon the said wharf until the same should be so shipped as aforesaid, for a reasonable wharfage and reward, to and for the said C D, he the said CD undertook, &c. the said A B, that he the said CD would safely and securely keep the said last-mentioned hamper and its contents aforesaid, at and upon the said wharf, until the same should be so shipped as last aforesaid. And although the said CD had and received the said last-mentioned hamper and its contents aforesaid, for the purpose last aforesaid. Yet the said CD not regarding, &c. but contriving, &c. in this behalf, did not, nor would, safely or securely keep the said last-mentioned hamper and its contents aforesaid, at or upon the said wharf, until the same was so shipped, as last aforesaid, but on the contrary thereof, he the said CD so carelessly and negligently conducted himself in this behalf, that by and through the mere carelessness and negligence of the said CD and his servants, the said last-mentioned hamper and its contents aforesaid, being of the value aforesaid, were afterwards and before the same were so shipped, as last aforesaid, wholly lost to the said A B, to wit, at, &c. aforesaid. ees. Fourth count, * 115 And whereas, also, &c. [same as third count as far as the Against Bailobelisk, and then proceed as follows:] to be by him the said CD safely and securely kept for the said A B, he the said for not safely C D undertook, &c. the said A B, that he the said CD would hamper genekeeping the safely and securely keep the said last-mentioned hamper and rally. its contents aforesaid, for the said A B as aforesaid. And although the said CD then and there had and received the said last-mentioned hamper and its contents aforesaid, for the purpose last aforesaid. Yet the said CD not regarding, &c. but contriving, &c. in this behalf, did not, nor would, safely and securely keep the said last-mentioned hamper and its contents aforesaid, but on the contrary thereof, he the said CD so carelessly and negligently conducted himself in that behalf, that by and through the mere carelessness and negligence of the said CD the said last-mentioned hamper and its contents aforesaid, being of the value aforesaid, became, and were wholly lost to the said A B to wit, at, &c. aforesaid. And whereas also heretofore, to wit, on, &c. aforesaid, at, &c. [same as last count, as far as‡ and then proceed as follows:] Fifth count, safely to keep on a promise it on request, and to redeliver the same to her the said A B when he the said the ban per and redeliver CD should be thereto afterwards requested. And although the said CD was afterwards, to wit, on, &c. requested by the said A B to redeliver the said last-mentioned hamper and its contents aforesaid, to him the said A B, to wit, at, &c. aforesaid. Yet the said CD not regarding, &c. did not, nor would, at the said time, when he was so requested as aforesaid, or at any time afterwards, redeliver the said last-mentioned hamper and its contents aforesaid, or any part thereof, to the said A B, but he so to do, hath hitherto wholly neglected and refused, and still doth neglect and refuse, to wit, at, &c. aforesaid.— [Add counts for money had and received, and the account stated, if there be any reason to apprehend that the defendant may have received the value of the goods.] For that whereas the said A B heretofore, to wit, on, &c. at, &c. at the special, &c. retained and employed him the said (c) This action is founded on the perform it properly, 1 Saund 312. n implied contract, that every work- 2. 1 H. Bl. 158. 7 T. R. 171. 5 T man, &c. undertaking any work, will R. 150. 26. Against badly shoeing a farrier for plaintiff's horse.(c) * 116 |