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1. Respecting serting as follows : “ had before that time found and provided real property. Other warehouse-room for, in and about the stowing and keep

ing of certain other goods and merchandise, before them stowed and kept in a certain other warehouse of him the said A B, for the said CD, he the said C D undertook," &c. (Conclusion is as ante, 6.)

12. For the standing of a chaise.

The indebitatus count is as ante, 5. inserting these words : “ for the standing of a certain chaise by the said A B before that time kept and taken care of 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 kept and taken care of a certain other chaise for the said CD, he the said C D undertook, &c. (Conclusion is as ante, 6.)

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13. For the The indebitatus count is as ante, 5.inserting these words : « for moorage of ships. O

the mooring and fastening of a certain ship, or vessel called, &c. to a certain chain of the said A B lying and being in the

river Thames, in the said county of Middlesex, for a long * 13 space of time then elapsed, moored and fastened by the

said C D to the said chain of the said A B, and by his permission and sufferance, and at the special, &c. of the said CD, and being so indebted," &c. (Conclusion as ante, 5.) The quantum meruit thereon is as ante, 6. inserting as follows : “had before that time at the like special, &c. of the said CD, permitted and suffered him to moor and fasten a certain other ship or vessel called

to a certain other chain of him the said A B in the river Thames aforesaid, in the county aforesaid, and that the said C D, by virtue of such permission and sufferance, had before then moored and fastened the said last mentioned vessel to the said chain there for a long space of time then elapsed, he the said C D undertook," &c. (Conclusion as ante, 6.)

(i) For boomage, pilotage, buoys, sistant, 52, 53. For moorage, see and sea-marks, sce Pleader's As- 3 Wentw. 69.

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The indebitatus count is as follows : “ For that whereas, the 1. Respecting

real property. the said C D on, &c. at, &c. being tenant of certain cu

14. For fines tomary tenements, with the appurtenances, parcel of the on admission manor of was indebted to the said A B, then and

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hold.(k) still being lord of the said manor, in the sum of -l. of lawful, &c. for certain reasonable fines, duly assessed, due and payable from the said C D to the said A B for and on the admission of him the said CD, according to the usage and custom of the said manor, into the said customary tenements, with the appurtenances, to hold to him, bis heirs, and assigns, of the lord of the said manor, at the will of the lord, according to the custom of the said manor, and being so indebted,” &c. (Conclusion as ante, 5.) No quantum meruit COUTLt is to be added.

The indebitatus count is as ante, 5. inserting these words : “ for 15. For tolis

on loaded cardivers tolls and duties due and of right payable by the said

riages passing C D to the said bailiffs, &c. for the passage of divers load- over a

bridge. (1) ed waggons, and loaded carts of the said C D before that time drawn over a certain bridge, situate, &c. which said bridge the said bailiffs, &c. and their predecessors by their said *several names of incorporation from time, whereof, &c. have from time to time, repaired and supported, and have been used and accustomed to repair and support, and being so indebted,” &c. (Conclusion as ante, 5.) No quantum metuit count is to be added.

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The indebitatus count is as ante, 5. inserting these words :

6 for

16. For toll on toll due and of right payable by the said C D to the said goods brought

to market and mayor and burgesses, &c. for weighing at a certain beam of weighed

plaintif's them the said mayor and burgesses, divers goods, wares and

bcam. (22) merchandise of the said C D before that time brought by the said C D to the said market of and in the said borough,

(k) This general count is sufficient, (1) This general count is sufficient,
1 T. R. 618, 619. 3 B & P. 346. 1 1 T. R. 616.
B. & P. 102. 2 Doug. 727. 6 East, (m) As to this count, 4 T. R. 104.
36.

and when the plaintiff must declare
specially, see 6 East, 438.

1. Respecting to be there sold, and by the said mayor and burgesses, at the real properly. special instance and request of the said ( D, weighed at the

said beam, and being so indebted,” &c. (Conclusion as anleg 5.) No quantum meruit count is to be added.

17. For tolls The indebitatus count is as ante, 5. inscrting these words : due for hay. ing brought

« for diver's reasonable tolls before that time and then due, into a market and of right payable by and from the said CD to the said sold, therein, A B, as the farmer and proprietor of a certain market called at the suit of the farmer. the cattie market, situate, &c. and of the dues, duties, tolls,

and privileges thereto belonging and growing and arising thereby and therefrom, for a certain time now elapsed, for and in respect of his the said CD, having whilst he the said A B was such farmer and proprietor as aforesaid, brought into the said market and sold therein divers live cat. tle, to wit, bullocks, bulls, oxen, cows, heisers and calves, and being so indebted, he the said C D, in consideration," &c. (Conclusion as anie, 5.) No quantum meruit count is to be added.

18. Second ipdebitatus

unt for same tolls.

The indebitatus count is as ante, 5. inserting these words : “ for divers other tolls and duties before that time and then due, and of right payable by and from the 'said C D to the said A B, for and in respect of his the said C D having brought into the said market and soid therein divers other *live cattle to wit, &c. (as before,) and being so indebted,” &c. (Conclusion as ante, 5.)

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19. By the far The indebilatus count is as ante, 5. inserting these words : " for mer for tolls due for pass

divers tolls before that time due and payable by the said C D ing through a

to the said A B, as farmer and renter, duly made and apturnpike sute.(71) pointed, according to the form of the statute in such case

made and provided, of the tolls due and payable, according to the form of the statute in such case made and provided, at a certain turnpike-gate at -, duly crected and placed upon a certain turnpike road, and at certain cranes, engines,

() N. B. This, though on a local Sce 1 Wentw. 180 act, will serve as a general precedent.

and weighing machines also erected upon and near to the 1. Respecting

real property. said turnpike road, according to the form of the statute in that case made and provided :” (or instead of the preceding statement say “constituted and appointed according to the form of the statute in such case made and provided, of the Dolls due and payable for carriages and cattle travelling upon a certain turnpike road in the county of , and through a certain gate erected upon the said road, according to the form of the said statute ;"] “ for divers cattle and carriages of the said C D which before that time had travelled upon the said turnpike road, and through the gate aforesaid, and for divers other carriages of the said C D which had before that time travelled upon the said turnpike road, and had been weighed at the said cranes, engines, and weighing machines, and being so indebted," &c. (Conclusion as ante, 5.) NO quartum meruit count is to be added.

The indebitatus count is as ante, 5. inserting these words : " for 2. Second divers other tolls and duties before that time due and of right count therepayable by the said C D to the said A B, for divers other on. satile and carriages of the said C D which before that time had travelled upon a certain other turnpike road, of which said last-mentioned tolls and duties the said A B was then and there renter and collector in that behalf *duly constituted and appointed, and being so indebted,” &c. (Conclusion as ante, 5.) No quantum meruit count is to be added.

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toms.

The indebitatus count is as ante, 5. inserting these words : “ for 21. Petty cusso much money due and payable to the said mayor, &c. for petty customs, for divers goods, wares, and merchandise, by the said CD before that time imported into the port of - and being so indebtedl," &c. (Conclusion as ante, 5.)

II. Respecting personal property.

II. RESPECTING PERSONAL PROPERTY. 22. For goods

The indebitatus count is as ante, 5. inserting these words : “ for
sold and de-
livered to the divers goods, wares, and merchandise,(o) by the said A B
defendant. before that time sold and delivered to the said C D, and at

his special instance and request,(n) and being so indebted,”
&c. (Conclusion as ante, 5.) The quantum valebant thereon is as
ante, h. inserting as follows : “ had before that time sold and de-
livered divers other goods, -wares and merchandise, to the
said C D, he the said C D undertook and then and there
faithfully promised the said A B to pay him so much money
as the said last-mentioned goods, wares, and merchandise, at
the time of the said sale and delivery thereof were reasona-
bly worth,(1) when he the said C D should be thereunto
afterwards requested. And the said A B avers, that the
last-mentioned goods, wares, and merchandise, at the time
of the said sale and delivery thereof were reasonably worth
the further sum of -. of like lawful money, to wit, at, &c.
aforesaid, whereof the said C D afterwards, to wit, on, &c.
aforesaid, there had notice."

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23. For goods

* The indebitatus count is as ante, 5. inserting these words : « for
bargained and divers goods, wares, and merchandise, by the said A B be-
fendant, and fore that time bargained and sold to the said C D, and under
delivered to a
third per-

and by virtue of that bargain and sale delivered to one E F, son.(d)

at the special instance, &c. of the said C D. And being so
indebted,” &c. (Conclusion as ante, 5.) The quantum me-
ruit thereon is as ante, 6. inserting as follows : « had before that
time bargained and sold with divers other goods, &c. to the
said CD, and had under and by virtue of the said last-men-
tioned bargain and sale delivered the same to the said E F,
he the said C D undertook,” &c. (Conclusion as ante, 6.)

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(0) It is not necessary to say “of where there has been a contract for
the plaintiff,” Bull. N. P. 139. and a sum certain, Stra. 648. See ante,
those words should be omitted if the 6.
action be at the suit of a broker, fac (d) This count though usual, is
tor, &c. 5 Esp. 31, 32.

not necessary; the delivery may be
(1) As the term “ sale” implies a stated to have been to the defendant,
contract, perhaps the omission of the ST. R. 328. Stra. 127. sed vide Bull.
words, “at the special instance and N. P. 136. If the defendant he sued
request of the defendant,” would not a collateral liability to pay for
he material, 2 T. R. 30.

goods sold to another, the count must (9) This count is not available be special, 1 Saund. 211. b.

on

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