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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

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ing of certain other goods and merchandise, before them stow

ed 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.)

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 C D, he the said CD undertook, &c. (Conclusion is as ante, 6.)

The indebitatus count is as ante, 5. inserting these words: “for 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 space of time then elapsed, moored and fastened *by the said CD 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 C D, permitted and suffered him to moor and fasten a certain other ship or vessel called to a certain other chain of him the said AB 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 CD undertook," &c. (Conclusion as ante, 6.)

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

to copy-
hold.(k)

The indebitatus count is as follows: "For that whereas, the 1. Respecting real property. the said CD on, &c. at, &c. being tenant of certain cus- 14. For fines tomary tenements, with the appurtenances, parcel of the on admission manor of was indebted to the said A B, then and 9 still being lord of the said manor, in the sum of . of lawful, &c. for certain reasonable fines, duly assessed, due and payable from the said CD to the said A B for and on the admission of him the said C D, according to the usage and custom of the said manor, into the said customary tenements, with the appurtenances, to hold to him, his 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 count is to be added.

said

The indebitatus count is as ante, 5. inserting these words:" for divers tolls and duties due and of right payable by the CD to the said bailiffs, &c. for the passage of divers loaded waggons, and loaded carts of the said CD 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 meruit count is to be added.

"for

15. For tolls

on loaded car

riages passing
over a
bridge.(?)

* 14

16. For toll on

to market and

weighed
plaintiff's
beam.(m)

in

The indebitatus count is as ante, 5. inserting these words : toll due and of right payable by the said CD to the said goods brought mayor and burgesses, &c. for weighing at a certain beam of them the said mayor and burgesses, divers goods, wares and merchandise of the said CD before that time brought by the said CD to the said market of and in the said borough,

(k) This general count is sufficient, 1 T. R. 618, 619. 3 B & P. 346. 1 B. & P. 102. 2 Doug. 727. 6 East,

36.

(1) This general count is sufficient, 1 T. R. 616.

(m) As to this count, 4 T. R. 104. and when the plaintiff must declare specially, see 6 East, 438.

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1. Respecting to be there sold, and by the said mayor and burgesses, at the real property. special instance and request of the said C D, weighed at the said beam, and being so indebted," &c. (Conclusion as ante, 5.) No quantum meruit count is to be added.

17. For tolls due for hav

The indebitatus count is as ante, 5. inserting these words: ing brought "for divers reasonable tolls before that time and then due, into a market and of right payable by and from the said CD to the said

live cattle and

at the suit of the farmer.

sold therein, A B, as the farmer and proprietor of a certain market called the cattle 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, heifers and calves, and being so indebted, he the said C D, in consideration," &c. (Conclusion as ante, 5.) No quantum meruit count is to be added.

18. Second indebitatus Count for same tolls.

15

19. By the farmer for tolls due for pass

turnpike gate.(n)

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 CD to the said A B, for and in respect of his the said CD having brought into the said market and sold therein divers other *live cattle to wit, &c. (as before,) and being so indebted," &c. (Con clusion as ante, 5.)

The indebitatus count is as ante, 5. inserting these words : " for divers tolls before that time due and payable by the said CD ing through a to the said A B, as farmer and renter, duly made and appointed, 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 erected and placed upon a certain turnpike road, and at certain cranes, engines,

(2) N. B. This, though on a local See 1 Wentw. 180.

act, will serve as a general precedent.

and weighing machines also erected upon and near to the
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
tolls 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 CD which before that time had travelled upon the
sid 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

quantum meruit count is to be added.

1. Respecting
real property.

indebitatus

The indebitatus count is as ante, 5. inserting these words:" for 20. Second divers other tolls and duties before that time due and of right count therepayable by the said CD to the said A B, for divers other on. cattle and carriages of the said CD 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.

* 16

The indebitatus count is as ante, 5. inserting these words:" for 21. Petty cus

so much money due and payable to the said mayor, &c. for toms.

petty customs, for divers goods, wares, and merchandise, by

the said CD before that time imported into the port and being so indebted," &c. (Conclusion as

of

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11. Respecting personal property.

22. For goods

sold and de

II. RESPECTING PERSONAL PROPERTY.

The indebitatus count is as ante, 5. inserting these words: "for 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,() and being so indebted," &c. (Conclusion as ante, 5.) The quantum valebant thereon is as ante, 6. inserting as follows: “ had before that time sold and delivered 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 reasonably worth,(7) when he the said CD 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 CD afterwards, to wit, on, &c. aforesaid, there had notice."

* 17

23. For goods

The indebitatus count is as ante, 5. inserting these words: " for hargained and divers goods, wares, and merchandise, by the said A B be

sold to the de

delivered to a third per

son.(d)

fendant, and fore that time bargained and sold to the said CD, and under and by virtue of that bargain and sale delivered to one E F, at the special instance, &c. of the said C D. 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 and sold with divers other goods, &c. to the said CD, and had under and by virtue of the said last-mentioned bargain and sale delivered the same to the said E F, he the said CD undertook," &c. (Conclusion as ante, 6.)

(0) It is not necessary to say "of the plaintiff," Bull. N. P. 139. and those words should be omitted if the action be at the suit of a broker, factor, &c. 5 Esp. 31, 32.

where there has been a contract for a sum certain, Stra. 648. See ante, 6.

(d) This count though usual, is not necessary; the delivery may be stated to have been to the defendant, ST. R. 328. Stra. 127. sed vide Bull. N. P. 136. If the defendant be sued on a collateral liability to pay for goods sold to another, the count must (q) This count is not available be special, 1 Saund. 211. b.

(p) As the term "sale" implies a contract, perhaps the omission of the words, "at the special instance and request of the defendant," would not be material, 2 T. R. 30.

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