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The indebitatus count is as ante, 5. inserting these words : “ for 11. Respectdivers goods, wares, and merchandise, by the said A B be

ing personal

property. fore that time bargained and sold to the said C D and at 24. For goods

bargained and his special instance, &c. And being so indebted,” &c. solui to de

fendant gene(Conclusion as ante, 5.) The quantum meruit thereon is as ante,

rally.(e) 6. inserting as follows : “ had before that time bargained and sold to the said C D divers other goods, wares, and merchandise, he the said C D undertook,” &c. (Conclusion as

este, 6.)

Or

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The indebitatus count is as ante, 5. inserting these words : “ for 25. For a crop a certain crop of grass, (or “ turnips,") of the said A B, be- turnips, &c. fore that time bargained and sold by the said A B to the said bargained and

sold.(5) C D, and at his special instance, &c. and by the *said C D under and by virtue of that bargain and sale before that time accepted, mowed, cut down, or if for a crop of turnips, 66 accepted, gathered,”) had taken and carried away. 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 to the said C D a certain other crop of grass (or “ turnips”) of the said A B, and that the said C D had under and by virtue of the said bargain and sale accepted, mowed, and cut down the last mentioned crop of grass ; (or if for a crop of turnips, “ accepted and gathered the said last-mentioned crop of turnips," and had taken and carried away the same, he the said C D undertook," &c. (Conclusion as ante, 6.)

The indebitatus count is as ante, 5.inserting these words : “ for 26. For tithes

bargained and certain tithes of the said 1 B, to wit, tithes of corn, wheat, sold.(3)

(e) This count is proper where (3) As to this count, 1 Lev. 141. there has not been an actual delivery Sid. 223. as the evidence, 4 T. R. 366, of the goods, 1 East, 194. 1 Ves. jun. 367. This action is not sustainable 530. It is usual, though not abso- unless there be evidence of a comlutely necessary, to declare specially, position in lieu of tithes. If such evi$ Esp. Rep. 251. What is a delivery, dence be doubưul, the declaration see 3 B. & P. 582. Peake, 56. Bull. should be in debt, on the statute, for N. P. 36.

not setting out the tithe with a count (f) A sale of a growing crop of in debt, for tithes bargained and sold, grass is within the statute of frauds, see Bull. N. P. 188 to 191. 29 Car. II. c. 3. s. 4. 6 East, 602. As to this count, see 1 B. & P. 397. VOL. II.

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II. Respect. barley, peas, and beans, &c. &c. issuing and arising from
ing personal and out of certain lands in the occupation of the said CD,
properly.

by the said C D before that time at his special instance and
request, and by the permission of the said A B received, ta-
ken and retained, to his the said CD's own use. And be-
ing so indebted," &c. (Conclusion as ante, 5.) The quantum
meruit thereon is as ante, 6. inserting as follows: “ had before
that time at his like special instance and request, and by the
sufferance and permission of the said. A B received, taken,
and retained, certain other tithes of the said A B, to wit, &c.
arising, &c. he the said CD," &c. (Conclusion as ante, 6.)

.

27 The like in another form.

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The indebitatus count is as ante, 5. irserting these words, “ for certain tithes arising, growing, renewing, and happening *upon and from certain lands of the said CD, situate, lying, and being at, &c. and due and of right payable to the said A B as rector of the rectory of the parish church of, &c. aforesaid ; (or, “ as farmer and proprietor thereof,") by the said A B, before that time bargained and sold to the said C D, and at his special instance, &c. and by the said CD, according to that bargain and sale, had taken and retained to and for his own proper use and benefit. 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 to the said C D certain other tithes arising, &c. and due and of right payable to the said A B, as rector of the rectory aforesaid ; (or “ as farmer and proprietor thereof,") and that the said C D had, according to such last mentioned bargain and sale, taken and retained the said last mentioned tithes to and for his own proper use and benefit, he the said C D undertook, &c. to pay him so much money as the said last mentioned thes, at the time of taking and detaining the same by the said CD, were reasonably worth, when, &c. And the said A B avers,” &c. (add account stated and common conclusion.).-N. B. When the plaintiff's title is doubtful add two counts, for “ certain titles, goods, and merchandise, bargained and sold, without stating where they grew, or that plaintiff is proprietor thereof." (Conclusion as ante, 6.)

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The indebitatus count as ante, 5. inserting these words : 11. Respect. « for meat, drink, washing, lodging, and other necessaries ly properly.

ing personal the said A B before that time found and provided for the said 28. For neces

saries found C D, and at his special instance, &c. and being so indebted," and provided

for defendant. &c. (Conclusion as ante, 5.) The quantum meruit thereon is cs ante, 6. inserting as follows : “ had before that time found and provided other meat, drink, washing, lodging, and necessaries for the said C D, he the said C D undertook," &c. (Conclusion as ante, 6.)

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*The indebitatus count is as ante, 5. inserting these words : 29. For neces

saries fomd “ for meat, drink, washing, lodging, and other necessaries, by and provided the said A B before that time found and provided, at the for third per

.() special instance, &c. for one E F, (or “ for divers persons.") And being so indebted,” &c. (Conclusion as ante, 5.) The quantum meruit thereon is as ante, 6. inserting as follows: “had before that time found and provided other meat, drink, &c. for the said E F, (or “ for divers other persons,”) he the said C D undertook,”. &c. (Conclusion as ante, 6.)

The indebitatus count is as ante, 5. inserting these words : 30. For horse« for horsemeat, stabling, care and attendance, by the said A

meat and sta

bling: B before that time found, provided, and bestowed, for, in, and about the feeding and keeping of divers horses, mares, and geldings, of 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 found, provided, and bestowed, other horsemeat, stabling, care and attendance, for, in, and about the feeding and keeping of divers other horses, mares, and geldings, of and for the said CD, he the said C D undertook," &c. (Conclusion as ante, 6.)

The indebitatus count is as ante, 5. inserting these words : 31. For the " for the agisting, depasturing, and feeding of divers cattle, cattle.

agistment of by the said A B before that time agisted, depastured, and

(h) As to the necessity for this Bull. N. P. 136. count. See Stra. 127. 8 T. R. 328.

!]. Respect, fed, in certain pastures of him the said A B, for the said C ing personul property.

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 agisted, depastured, and fed divers other cattle in certain other pastures of him the said A B for the said C D, he the said C D undertook," &c. (Conclusion as ante, 6.)

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32. For the * The indebitatus count is as ante, 5. inserting these words : hire of horses and carriages,

“ for the use and hire of divers horses, mares, and geldings, orships,goods, bridles, saddles, and harness, and of divers chaises, and &c.(i)

other carriages, (or “ of certain lighters and other vessels ;" or “ of certain plate, linen, china, furniture, goods and chattels,") by the said A B before that time let to hire and delivered to the said CD, and at his special instance, &c. and by the said C D under and by virtue of that letting to hire before then had and used. And being so indebted,” &c.(Conclusion as ante, 5.) The quantum meruit thereon is as ante, 6. inserting as follows : “ had before that time let to hire and delivered to him the said C D, divers other horses, mares, and geldings, bridles, saddles, and harness, and divers other chaises and carriages; (or “ certain other lighters and other vessels;” or “certain plate, linen, china, furniture, goods and chattels,') and that the said C D had, under and by virtue of the said last-mentioned letting to hire before then had and used the same, he the said C D undertook," &c. (Conclusion as ante, 6.)

The indebitatus count is as ante, 5. inserting these words : “ for certain freight, primage, and average before that time,

33. Por freight primage, average and at. tendance.(.;)

(i) As to this count, see 1 Com. a charter-party or contract under seal, Rep. 116. Lil. Cut, 28.

in general the declaration must be on (;) This is the usual form, but it the deel, 1 New Rep. 101. when not, seems less sabject to variance to say, see Abbott, 1 edit. 258. &c. If the “in and on board of divers ships and demand be for freight only, erase the vessels, for the said 0 }), and at his words primage and average ; if for request;" witho't stating the name of average only, erase the words freight the ship, voyage, &c. See Abbott, and primage. See a count for aver 1 edit. 258 As to this count, and age, 1 East, 920.

For average no when the declaration should be spe- quantum meruit is added, cial, see 2 B. & P. 323, If there be

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and then due and payable from the said C D to the said AB, 11. Respectupon, for, and in respect of the carriage and conveyance

ing personal

property. of certain goods and merchandise by the said A B before that time, carried and conveyed in and on *board of a certain ship or vessel, called, &c. whereof the said A B was master, from, &c. to, &c. and there, to wit, at, &c. delivered to the said C D and at his special instance, &c. and for the care and attendance of the said A B, in and about the loading and unloading of the said goods and merchandise, and the delivery thereof as aforesaid.” (Conclusion as ante, 5.) The quantum meruit thereon is as ante, 6. inserting as follows: “ had before that time, carried and conveyed certain other goods and merchandise in and on board the said ship or vessel, called, &c. whereof the said A B was master, from, &c. aforesaid, to &c. aforesaid, and there, to wit, at, &c. aforesaid, had delivered the same to the said C D, and had bestowed other his care and attendance, in and about the loading and unloading of the said last-mentioned goods and merchandise, and the delivery thereof as aforesaid, he the said C D undertook," &c. (Conclusion as ante, 6.)

The indebitatus count 28 as ante, 5. inserting these words : 34. For the " for the tonnage of divers goods, wares, and merchandise of tonnage of

goods. (k) the said C D, by him the said A B, before that time, carried and conveyed upon divers parts of a certain cut or canal, navigable and passable from, &c. to, &c. in certain boats, barges, and other vessels 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. in. serting as follows : “ had before that time, carried and conveyed divers other goods, wares, and merchandise of him the said CD, upon divers other parts of the said cut or canal, in certain other boats, barges, and vessels, for him the said C D, he the said C D undertook, &c. to pay him so much money, as he therefore reasonably deserved to have for the tonnage thereof." (Conclusion as ante, 6.)

(k) 3 Wentw.70.

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