Enticing way appren "apprentice,”) of the said A B as aforesaid, to wit, on, &c. at, &c. aforesaid, unlawfully, wrongfully, and unjustly enticed, persuaded and procured the said E F, so then being the servant (or “ apprentice”) of the said A B as aforesaid, to depart from and out of the service of him the said A B, by means of which said enticement, persuasion and procurement, and on no other account whatsoever, the said E F so being such servant (or “apprentice") as aforesaid, then and there, to wit, on, &c. aforesaid, at, &c. aforesaid, unlawfully, wrongfully, and unjustly, and without the license or consent, and against the will of the said A B, departed from and out of the service of bim the said A B, and hath remained and continued absent from such service for a long space of time, to wit, from thence hitherto, whereby the said AB hath, for and during all that time lost, and been deprived of the service of the said E F in his aforesaid trade and business, and of all the profits, benefits, and advantages which might, and would otherwise, have arisen and accrued to him from such service, and hath been, and is, otherwise greatly injured in his aforesaid trade and business of a 、 —, to wit, at, &c. aforesaid. And whereas also, Second count the said E F heretofore, to wit, on, &c. aforesaid, at, &c. afore- for harboursaid, then and still being the servant (or "apprentice") of the said A B, unlawfully, wrongfully and unjustly, without the license or consent, and against the will of the said *A B departed, and went away from and out of the service of the said A B, to wit, at, &c. aforesaid, and afterwards, to wit, on, &c. aforesaid, there went and came to the said C D. Yet the said CD well knowing the said E F to be the servant (of "apprentice") of the said A B, but contriving, and wrongfully, and unjustly intending to injure the said A B, and to deprive him of the service of the said E F his said servant (or "apprentice,") and of all the profits, benefits, and advantages which might, and would otherwise have arisen and accrued to him from such service, then and there, to wit, on, &c, aforesaid, at, &c. aforesaid, unlawfully, wrongfully and unjustly received the said E F, so then being the servant (or “afiprentice") of the said AB as aforesaid, into the service of him the said C D, and harboured, detained and kept the said E F in his said service for a long space of time, to wit, from the day and year last aforesaid, hitherto, whereby the said AB, VOL. II. [ 31 ] ing. * 270 " Enticing a- for and during all that time, lost, and was deprived of the serway appren- vice of the said E F, and of all the profits, benefits, and ad tices. vantages which might and would otherwise have arisen and accrued to him from such service, to wit, at, &c. aforesaid.[Conclude as ante, 238.] II. FOR TORTS TO PERSONAL PROPERTY. Declarations of this nature are principally against attorneys, or other agents, or bailees-for deceit on the sale of goods, &c. -for negligence in driving carriages or navigating ships-for excessive or irregular distresses-for rescue of goods distrained for rent or damage-feasant, or of prisoners-against sheriffs and other officers for escapes, false returns, &c.—for unduly exercising trades or imitating inventions-in trover-or for injuries to personal property in reversion.. It is most usual to declare in assumpsit, against attorneys and agents, see the form, ante, 96. see the printed forms in case, 8 Wentw. Index, 29. 39. 47. 2 Wils. 325. 4 Burr. 2061. *3 Wils. 443. 2 Bl. Rep. 906. 1 T. R. 656. 1 T. R. 101. but against bailees of different descriptions, if there be any doubt as to the number of the parties, or if there be any evidence of a conversion of the personal property, or if a plea of bankruptcy be expected, (6 7. R. 695.) it is advisable to declare in case as in the following precedents, in order to avoid a plea in abatement, if too few persons be made defendants; or a nonsuit, if too many persons be made defendants; and also in order to join a count in trover, see Govett v. Radnidge and others, 3 East, 62. 70. Ante, 117. n. (d). The precedents in assumpsit against bailees of different descriptions, ante, 103 to 126. may easily be varied into case, observing the form of the following precedents :-See a precedent in case for the loss of a dog, and in trover, 1 T. R. 274. for negligence in shipping a hogshead, 3 East, 62. and for not accounting for the produce of a bill of exchange, 6 East, 833. 1 New Rep. 43, to afore riers by land. Against a carrier for losing a box.(z) * 272 [Commencement as ante, 238.] For that whereas the said C Against carD, before and at the time of the delivery of the goods and chattels to him, as hereinafter next mentioned, was, and thence hitherto hath been, and still is, a common carrier of goods and chattels for hire, from to wit, at, &c. And whereas also, the said AB, whilst the said CD was such common carrier as aforesaid, to wit, on, &c. at, &c. (the real place) to wit, at, &c. (the venue which is transitory,) caused to be delivered to him the said CD, and the said CD then and there accepted, and received of and from the said A B a certain box, containing divers goods and chattels, to wit, &c. (specify the articles)(a) of the said A B of great value, to wit, of the value of -. to be safely and securely carried and conveyed by him the said C D from aforesaid to said, and there, to wit, at, &c. aforesaid, safely and securely to be delivered for the said A B for certain reasonable reward to him the said CD in that behalf. Yet the said CD, not regarding his duty as such common carrier as aforesaid, but contriving and fraudulently intending, craftily and subtly to deceive, defraud and injure the said A B in this behalf, did not, nor would, safely or securely carry or convey the said box and its contents aforesaid, from aforesaid to aforesaid, nov there, to wit, at aforesaid, safely or securely deliver the same for him the said A B, but on the contrary thereof he the said CD, so being such common carrier as aforesaid, so carelessly and negligently behaved and conducted himself, in the premises, that by and through the carelessness, negligence and default of the said C D in the premises, the said box and its contents aforesaid, being of the value aforesaid, became and (z) See the precedent in assumpsit, and the notes unte, 117. Bac. Abr. tit. Carriers. 8 Wentw. Index, 43. 47, 48. And when it is advisable to declare in case, instead of assumpsit, supra, and ante, 117. n. (d). 3 East, 62. 70. Formerly it was usual to declare setting out the custom of the realm, 1 Sid. 245. Com. Dig. Action Case Negligence, C. 2. Bat (a) It is said that the goods must Against car riers by land. Second count, for not carry ing within a reasonable time, and lo (b) * 278 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, to wit, at, &c. aforesaid, the said A B caused to be deliver ed to the said CD a certain other box, containing certain other sing the box. goods and chattels, to wit, &c. of him the said A B, of great value, to wit, of the value of -. to be taken care of and safely and securely carried and conveyed by him, the said C D from aforesaid to aforesaid, and there, to wit, at aforesaid, to be safely and securely delivered by the said CD *for the said A B within a reasonable time then next following, for certain hire and reward to the said C D in that behalf;' and although the said CD then and there accepted, and had and received the said last-mentioned box and its contents aforesaid, for the purpose aforesaid, and undertook the carriage, conveyance and delivery thereof as aforesaid, within such reasonable time as aforesaid; and although a reasonable time for the carriage, conveyance and delivery thereof as aforesaid, hath long since elapsed, yet the said A B not regarding his duty in that behalf, but contriving and fraudulently intending, craftily and subtly to deceive and defraud the said A B in this respect, did not, nor would, within such reasonable time as aforesaid, or at any time afterwards, (although often requested so to do,) take care of, or safely, or securely, carry and convey the said last-mentioned box and its contents aforesaid, from aforesaid, nor there, to wit, at aforesaid, safely or securely deliver the same for the said A B, but hath hitherto wholly neglected and refused so to do; and by means of the negligence and improper conduct of the said CD in that behalf, the said last-mentioned box and its contents aforesaid, have not yet been delivered to or for him the said C D, at aforesaid, or elsewhere, and are wholly lost to aforesaid to the said A B, to wit, at, &c. aforesaid. [Add a count in trover, if there be any evidence of a con version, 3 East, 70. Trover lies against a carrier, though he (b) See the counts in 3 Wils. 429. As the above count states the loss of the goods it is sustainable, though case for a mere nonfeasance might not be sustainable, 6 East, 335. 3 Wils. 348. 5 T. R. 143. 1 New Rep. 43. by mistake, deliver goods to a wrong person, Peake, C. N. P. Against Inn42. Jones on Bailments, 96 to 99. but it cannot be supported keepers. against a carrier or wharfinger, where the goods have been stolen or lost, 5 Burr, 2825. 1 Ventr. 223. [Conclude as ante, 238.] * 274 [Commencement as ante, 238.] For that whereas by the law Against an innkeeper for and custom of this realm, innkeepers, who keep common inns the loss of a box.(c) for the reception, lodging and entertainment of travellers putting up at and abiding in the same, are bound to keep the goods and chattels, brought by such travellers into, and being within their respective inns, safely, and without any diminution or loss. And whereas the said C D before, and at the time of the loss hereinafter next mentioned, was, and from thence hitherto hath been, and still is, an innkeeper, and as such innkeeper, he the said CD hath for and during all that time kept, and still doth keep, a certain common inn, for the reception, lodging and entertainment of travellers, that is to say, a certain inn, commonly called or known by the name and sign of situate and being at —, to wit, at, &c. And whereas also, the said C D, so being such innkeeper, and so keeping the said inn as aforesaid, the said A B, (or if his servant, one E F, the servant of the said A B,") heretofore, to wit, on, &c. aforesaid, at, &c. aforesaid, put up and was then and there received into the said inn as a traveller by the said CD, and then and there brought into the said inn a certain box, containing certain wearing apparel, goods and chattels, to wit, &c. (enumerate the chattels) of him the said A B, of great value, to wit, of the value of . and which said box and its contents aloresaid, were then, and from thence, until, and at the time of the loss hereinafter mentioned, within the said inn, and 66 (c) As to the liability, &c. of an innkeeper, see Bac. Abr. tit. Inns. Com. Dig. Action, Case Negligence, B. 1. &c. and tit. Pleader, 2 Q. 5 T. R. 273. For the printed declarations against innkeepers, Rast. Ent. 404. Co. Ent. 347. Thomp. 42. 8 Wentw. Index, 44. 47, 48. and the an cient mode of declaring, Bac. Abr. |