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The indebitatus count is as ante, 5. inserting these words:" for 11 Respecting personal divers goods, wares, and merchandise, by the said A B beproperty. fore that time bargained and sold to the said CD and at 24. For goods bargained and his special instance, &c. And being so indebted," &c. sold to defendant gene(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 CD divers other goods, wares, and merchandise, he the said C D undertook," &c. (Conclusion as ante, 6.)

The indebitatus count is as ante, 5. inserting these words: " for a certain crop of grass, (or "turnips,") of the said A B, before that time bargained and sold by the said A B to the said CD, 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, 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 CD 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 certain tithes of the said A B, to wit, tithes of corn, wheat,

(e) This count is proper where there has not been an actual delivery of the goods, 1 East, 194. 1 Ves. jun. 530. It is usual, though not absolutely necessary, to declare specially, 4 Esp. Rep. 251. What is a delivery, see 3 B. & P. 582. Peake, 56. Bull. N. P. 56.

(f) A sale of a growing crop of grass is within the statute of frauds, 29 Car. II. c. 3. s. 4. 6 East, 602. As to this count, see 1 B. & P. 397.

VOL. II.

(g) As to this count, 1 Lev. 141. Sid. 223. as the evidence, 4 T. R. 366, 367. This action is not sustainable unless there be evidence of a composition in lieu of tithes. If such evidence be doubtful, the declaration should be in debt, on the statute, for not setting out the tithe with a count in debt, for tithes bargained and sold, see Bull. N. P. 188 to 191.

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

* 19

66

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 C D, 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 CD 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 CD undertook, &c. to pay him so much money as the said last mentioned tithes, at the time of taking and detaining the same by the said C D, 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.)

saries found

and provided

for defendant.

The indebitatus count is as ante, 5. inserting these words: II. Respecting personal "for meat, drink, washing, lodging, and other necessaries by property. the said A B before that time found and provided for the said 28. For necesCD, 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 and provided other meat, drink, washing, lodging, and necessaries for the said CD, he the said CD undertook," &c. (Conclusion as ante, 6.)

20

for third persons.(h)

*The indebitatus count is as ante, 5. inserting these words: 29. For necessaries found "for meat, drink, washing, lodging, and other necessaries, by and provided the said A B before that time found and provided, at the 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 CD undertook," &c. (Conclusion as ante, 6.)

The indebitatus count is as ante, 5. inserting these words: "for horsemeat, stabling, care and attendance, by the said A 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 C D, he the said CD undertook," &c. (Conclusion as ante, 6.)

30. For horse

meat and sta

bling.

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

11. Respect fed, in certain pastures of him the
ing personal
property. D, and at his special instance, &c.

* 21

32. For the

hire of horses and carriages,

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

*The indebitatus count is as ante, 5. inserting these words : for the use and hire of divers horses, mares, and geldings, orships, goods, bridles, saddles, and harness, and of divers chaises, and &e. (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 CD had, under and by virtue of the said last-mentioned letting to hire before then had and used the same, he the said CD undertook," &c. (Conclusion as ante, 6.)

33. For

freight primage, average and attendance.(j)

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

(i) As to this count, see 1 Com. Rep. 116. Lil. Ext. 28.

() This is the usual form, but it seems less subject to variance to say, "in and on board of divers ships and vessels, for the said CD, and at his request;" without stating the name of the ship, voyage, &c. See Abbott, 1 edit. 258 As to this count, and when the declaration should be special, see 2 B. & P. 323, If there be

a charter-party or contract under seal, in general the declaration must be on the deed, 1 New Rep. 104. when not, see Abbott, 1 edit. 258. &c. If the demand be for freight only, erase the words primage and average; if for average only, erase the words freight and primage. See a count for aver age, 1 East, 220. For average no quantum meruit is added,

property.

* 22

and then due and payable from the said C D to the said A B, 11. Respectupon, for, and in respect of the carriage and conveyance ing personal 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 CD 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 AB 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 CD undertook," &c. (Conclusion as ante, 6.)

The indebitatus count is as ante, 5. inserting these words: 34. For the " for the tonnage of divers goods, wares, and merchandise of goods. (k) tonnage of the said CD, 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 CD, 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, 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 CD, he the said CD 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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