EF divers other goods, wares and merchandises, upon trust Deceit genes and credit. By means of which said last-mentioned false, rally. fraudulent and deceitful assertion and affirmation, he the said CD did then and there fraudulently and deceitfully induce, persuade and encourage the said A B to deal with the said E Fin the way of his said trade and business, and to trust and give credit to him in that behalf, and to sell and deliver to him the said E F divers goods, wares and merchandises, upon trust and credit. And the said A B in fact says, that he, confiding in, and giving credit to, the said last-mentioned assertion and representation of the said C D, and believing the same to be true, and not knowing the contrary thereof, did afterwards, to wit, on, &c. last aforesaid, and for a long time, to wit, until, &c. *deal with the said E Fin the way of his said trade and business, and did trust and give credit to him in that behalf, and did sell and deliver to him divers other goods, wares and merchandises, to a large amount, to wit, &c. upon trust and credit, to wit, at, &c. aforesaid, whereas in truth and fact, at the time of the said CD making his said last-mentioned assertion and representation, he the said A B could not safely trust and give credit to the said E F, nor could he the said A B safely sell and deliver to the said E F, any goods, wares and merchandises, upon trust and credit, and the said C D when he so made his said last-mentioned assertion and representation, well knew the same, to wit, at, &c. aforesaid. And the said AB further says, that the said E F hath not, nor hath any other person on his behalf, paid to the said A B, the said last-mentioned sum of money so due to him for the said last-mentioned goods, wares and merchandises, or any part thereof, but on the contrary thereof he the said E F then was and still is, wholly unable to pay the same, or any part thereof, to the said A B, to wit, at, &c. aforesaid, and the said AB is likely to lose the same, to wit, at, &c. aforesaid. [Conclude as ante, 238.] [Commencement as ante, 238.]-For that whereas the said A B, heretofore, to wit, on, &c. at, &c. was lawfully possessed (k) See the precedents, & Wentw. N. P. tit. Consequential Damage. 5 Index, 47. As to the law, sec Selwyn's Esp. Rep. 55. 44. When the action * 281 Negligence in driving carriages. * 282 of a certain chaise of great value, to wit, of the value off. and of a certain horse then and there drawing the same, and in which said chaise be the said A B was then riding in and along a certain public and common highway. And the said C D was also then and there possessed of a certain coach and of divers, to wit, two horses, drawing the same and which said coach and horses were then and there under the care, government and direction of a certain then servant of the said CD, who was then and there driving the same, in and along the said highway, to wit, at, &c. aforesaid. Nevertheless the said CD then and there by his said servant so carelessly and improperly drove, governed and directed his said coach and horses, that by and through the mere carelessness, negligence and improper conduct of the said CD, by his said servant in that behalf, one of the hind wheels of the said coach of the said CD then and there ran and struck with great force and violence upon and against the said chaise of the said AB and thereby then and there crushed, broke to pieces, damaged and destroyed the same, and one of the wheels and the splinter bar and the shafts thereof, and the said chaise thereby then and there became and was rendered of no use or value to the said A B, and thereby he the said A B was then and there cast and thrown with great force and violence from and out of the said chaise to and upon the ground there, and by means of the several premises aforesaid, the said A B was then and there greatly bruised, hurt and wounded, and became and was sick, sore, lame and disordered and so remained and continued for a long space of time, to wit, hitherto, during all which time the said A B suffered great pain and was hindered and prevented is against the party himself, who state it to have been committed wil fully, or forcibly, or furiously, but should shew that it was committed negligently, see 1 East, 106. and 3 East, 593. 6 T. R. 125. 5 T. R. 648. See the precedent, 2 Hen. Bl. 442. 6 T. R. 659. The negligence may be stated to be that of the master, without noticing the servant; but the above form is most correct, 6 T. R. 659. 1 East, 110. * 283 from performing and transacting his lawful affairs and business Negligence in navigating by him during that time to be done and transacted. And also ships. by means of the premises, was forced and obliged to pay, lay out and expend and hath necessarily paid, laid out and *expended, divers sums of money, in the whole amounting to a large sum of money, to wit, the sum of 101. in and about endeavouring to be healed and cured of his said wounds, hurt and bruises, occasioned as aforesaid. And also by means of the premises, he the said AB hath paid, laid out and expended, divers large sums of money, amounting in the whole to a large sum of money, to wit, the sum of. in and about the repairing of the said chaise so damaged as aforesaid, to wit, at, &c. aforesaid.-[Add a count, stating that defendant himself negligently drove the carriage, 6 T. R. 659. 1 East, 110. and alleging the injury to the chaise less circumstantially, and conclude as ante, 238.] Owner of a ship for negli gence in the navigation of it, whereby barge was da the plaintiff's maged. (1) [Commencement as ante, 238.]-For that whereas the said Against the A B, before and at the time of the committing of the grievance by the said CD, as hereinafter next mentioned, was lawfully possessed of a certain barge or vessel, of great value, to wit, of the value of -. then lawfully being in the river Thames, to wit, at, &c. (the venue) and the said CD was also then possessed of a certain other barge or vessel in the river Thames aforesaid, to wit, at, &c. aforesaid, and then and there had the care, direction and management of the same. Yet the said CD not regarding his duty in that behalf, whilst the said barge or vessel of the said A B so was in the river Thames aforesaid, to wit, on, &c. at, &c. aforesaid, took so little and such bad care of his said barge or vessel in the direction and management of the same, that the same, by and *through the carelessness, misdirection and mismanagement of the said * 284 (1) See the precedents, 8 Wentw. Index, 46, 47. 5 T. R. 649. 1 B. & P. 472. 8 T. R. 188. The injury may be stated to have been occasioned by the negligence of the defendant himself, though in fact he were not present, 1 East, 110. 6 T. R. 659. In an action against the party him self, who has occasioned an injury by Negligence CD, (or if he were not on board, “by his servants in that behalf,”) in navigating then and there with great force and violence ran foul of and ships. struck against the said barge or vessel of the said A B, and thereby then and there greatly broke, damaged and injured the same, and thereby divers goods, wares and merchandises, to wit, &c. of the said A B of great value, to wit, of the value of -. then being on board of the said barge or vessel of him the said A B, then and there became and were greatly wetted, damaged and spoiled; and also by reason of the premises, he the said AB hath been forced and obliged to pay, lay out and expend, and hath necessarily paid, laid out and expended a large sum of money, to wit, the sum of. in and about the repairing the said damage so done to the said barge or vessel as aforesaid, and also by means of the premises he the said A B lost and was deprived of the use of the said barge, or vessel of him the said A B, for a long space of time, to wit, for the space of, and thereby lost and was deprived of all the profits and advantages which during that time he might, and also otherwise would, have derived and acquired from the use of his said barge or vessel, to wit, at, &c. aforesaid. [Add a second or other counts, varying the statement of the injury according to the circumstances of the case, as they may be probably established in evidence, and conclude as ante, 238. Illegal Dis tresses. * 285 At common law, though a distress for rent or damage-feasant were legal in its inception, yet if there were any subsequent irregularity, the parties became trespassers ab initio, Bac. Abr. tit. Trespass, B. 8 Co. 146. And in the case of a distress for damage-feasant, this is still the law; but the 11 Geo. II. c. 19. s. 19 alters the common law in this respect, and enacts, that "where any distress shall be made for any kind of "rent justly due, and any irregularity or unlawful act shall be "afterwards done by the party or parties distressing, or by his, "her, or their agents, the distress itself shall not be therefore "deemed to be unlawful, nor the party or parties making "it, be deemed a trespasser or trespassers ab initio ; but the party or parties aggrieved by such unlawful act or irregula«rity, shall or may recover full satisfaction for the special da tresses. mage he, she or they shall have sustained thereby, and no Illegal des แ more, in an action of trespass, or on the case at the election "of the plaintiff or plaintiffs: Provided always, That where "the plaintiff or plaintiffs shall recover in such action he "she or they shall be paid his, her or their full costs of suit, "and have all the like remedies for the same, as in other "cases of costs." Therefore since this act, trover will not lie where the distress has been merely irregularly sold; 1 H. B. 13. nor trespass, unless for some act which of itself might be the subject matter of that form of action. If, however, the distress were illegal in its inception, or if the person making the distress turned the tenant out of possession, trespass may be supported; 1 East, 139. In declaring specially for any irregularity, it is not necessary to state a demise, or that the goods were distrained for rent arrear, and it is sufficient to allege that the goods were taken nomine districtionis; 4 Mod. 231. M. sess. 1. c. 5. s. 5. for double value of goods distrained where no rent due.(m) was [Commencement as ante, 238.] For that whereas the said On 2 W. & A B after the making of a certain act of parliament, entitled, "An act for enabling the sale of goods distrained for rent, in case the rent be not paid in a reasonable time," and before and at the time of the committing of the grievance by the said C D as hereinafter mentioned, held and enjoyed a certain messuage, farm, lands and premises, with the appurtenances, situate, &c. as tenant thereof to the said CD, at and under a cer tain rent, therefore payable* by the said A B to the said CD, to wit, the rent of . per annum. Yet the said C D not regarding the statute in such case made and provided, but contriving wrongfully, and injuriously intending to harass, oppress, and injure the said A B in this behalf, heretofore, to wit, on, &c. at, &c. by colour of the said act, wrongfully and injurious (m) When no rent is due, the owner of the goods distrained may in an action of trespass or case, recover double the value of the goods and full costs. 2 W. and M. sess. 1. c. 5. s. 5. See the precedent, 8. Wentw. 429. but the terms of the tenancy appear to be there stated more fully than is necessary, Bristow v. Wright, Doug. 665. 5 T. R. 497. 5 Esp. Rep. 33. *286 |