services. and labour, care, diligence and attendance, of the said AB be- III. Respectfore that time done, performed, and bestowed, in and about the ing personal drawing, copying, and engrossing of divers conveyances, deeds, and writings for the said C D, and in and about other the business of the said CD and for the said C D, and at his special instance, &c. And also for divers journies and other attendances by the said AB before then made, performed and given, in and about other the business of the said C D and for the said C D, and at his like special, &c. and being so indebted," &c. (Conclusion as ante, 5.) The quantum meruit on this count is as ante, 6. inserting as follows: "had before that time done, performed, bestowed and given, other his work and labour, care, diligence and attendance as the attorney and solicitor of and for the said CD, and upon his retainer, in and about the prosecuting, defending and soliciting of divers others causes, suits and businesses, for the said C D, and had also at the like special, &c. before *that time done, performed and bestowed, other his work and labour, care, diligence and attendance, in and about the drawing, copying and engrossing of divers other conveyances, deeds, and writings, for the said C D, and in and about other the business of the said C D, and for the said C D. And had also at the like special, &c. before that time made, performed and given, divers other journies and attendances in and about other the business of the said CD, and for the said CD, he the said CD undertook," &c. The indebitatus count is as ante, 5. inserting these words: " for the work and labour, care, diligence and attendance of the said AB, as a solicitor, and also as one of the sworn clerks of E F, esq. one of the six clerks of his majesty's high court of chancery, at Westminster, in the county of Middlesex, before that time done, performed and bestowed, by the said A B, upon the retainer, and at the special instance and request of the said CD, in and about the prosecuting, defending and soliciting of divers causes, suits and businesses, in the said court, for the said CD, and for certain fees due and of right payable to the said A B, in respect thereof. And being so indebted," &c. (Conclusion as ante, 6.) The quantum meruit thereon is as ante, 6. * 29 50. As one of the sixty clerks in the Court of Chancery. services. III. Respect inserting as follows: " had before that time done, performed ing personal and bestowed other his work and labour, care and diligence as such solicitor and sworn clerk as aforesaid, in and about the prosecuting, defending and soliciting of divers other causes, suits and businesses, in the said court of chancery, for the said CD, he the said CD undertook," &c. (Conclusion as ante 6.) 51. As a proc The indebitatus count is as ante 5. inserting these words: tor in prose. cuting an ap "for the work and labour, care, diligence and attendance of peal to the high court of the said ♬ B, by him the said A B before that time done, perdelegates.(x) formed and bestowed, as the proctor of and for *the said C D, * 30 and upon his retainer, in and about the prosecuting of an appeal from a sentence pronounced by the Arches court of Canterbury, to the high court of delegates, and in and about other the business of the said C D, and for the said C D, and at his special, &c. and also for fees due, and of right payable from the said CD to the said A B in respect thereof, and being so indebted," &c. (Conclusion as ante, 5.) The quantum meruit thereon is as ante, 6. inserting as follows: "had before that time done, performed and bestowed, other his work and labour, care, diligence and attendance as the proctor of and for the said C D, and upon his like retainer in and about the prosecuting a certain other appeal from a sentence pronounced by the said Arches court of Canterbury, to the said high court of delegates, and in and about other the business of the said Ċ D, and for the said C D, and at his like special, &c. he the said CD undertook, &c. (Conclusion as ante, 6.) The indebitatus count is as ante, 5. inserting these words: "for the work and labour, care and diligence of the said A B, by him the said AB before that time doné, performed and bestowed, for the said C D, as the agent of the said CD, and upon his retainer, and at his special, &c. in and about the prosecuting and defending of divers suits in law and equity, for the said CD, and for fees due, and of right payable to the said A B in that respect, and in and about the drawing and engrossing of divers deeds and writings for the said C D, and at his like, &c. and also for other work and labour, care, diligence and at (x) 1 Wentw. 193, 194. services. tendance of the said A B, by him before that time done, per III. Respect formed, and bestowed for the said CD, and at his request, and ing personal also for divers journies and attendances by the said A B, before that time taken, made and performed, for the said C D, and at his like, &c. and being so indebted, &c. (Conclusion as ante, 5.) Add a quantum meruit adapted to the first count-two counts for work and labour generally, and the money counts. "The indebitatus count is as ante, 5. inserting these words: "for certain fees, perquisites, and sums of money, before that time due and owing, and of right payable from the said C D to the said A B, as a bailiff to the sheriff of the county of upon and for the execution of divers writs, precepts and processes, for the said C D, at his special instance and request. And also upon and for the work and labour, trouble, care, diligence, journies and attendance of the said A B, as such bailiff as aforesaid, by him before that time done, performed and be. stowed, in and about the executing and serving of the said writs, precepts and processes, and in and about the conducting, guarding and keeping of divers persons arrested by him the said AB, for the said C D, under and by virtue of the said writs, precepts, and processes, at the like special instance and request of the said CD. And being so indebted," &c. (Conclusion as ante 5.) [Add two counts for work and labour generally-money paid-had and received-account stated-and breach.] * 31 53. As a sheriff's officer, bailiff, &c. THIRDLY-FOR SERVICES IN GENERAL. The indebitatus count is as ante, 5. inserting these words: ❝ for the work and labour, care and diligence of the said A B, (y) When the work has been performed for the defendant, though under a special agreement not under seal, this count is sufficient, Fitzg. 302. 1 Wils. 117. but if not performed in consequence of the defendant's breach of contract, the declaration should be special, 2 East, 145, if done at the request of the defendant for a 54. For work and materials, and labour, (y) services. * 32 And also for divers materials the said A B before that time III. Respect by him the said A B before that time done, performed and being personal stowed, in and about the business of the said C D, and for the saidC D, and at his special, &c. and other necessary things by found and provided and used and applied in and about that work and labour for the said C D, and at his like special, &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 done, performed and bestowed, other his work and labour, care and diligence, in and about other the business of and for the said CD, and had also at the like, &c. before that time found and provided divers other materials and necessary things, and used and applied the same in and about the said last-mentioned work and labour, he the said CD undertook," &c. (Conclusion as ante, 6.) [Add two counts for goods sold-money paid and the account stated-and breach. If the demand be for work only, omit those parts which relate to the materials.] 55. For work by plaintiff' and his servants, with horses and carriages, or with lighters, &c. * 33 The indebitatus count is as ante, 5. inserting these words: "for the work and labour, care and diligence of the said A B, before that time done, performed and bestowed, by him the said A B and his servants, and with his horses, carts and carriages; [or, "with his lighters and other vessels,”] in and about the business of the said C D, and for the said CD, and at his special," &c. (Conclusion as ante, 5.) N. B. If it be for the carriage of goods, instead of the words between the brackets, say, “in and about the carrying and conveying of divers goods and chattels, wares and merchandise, and delivering the same for the said C D, and at his special," &c. [or the count may be as in the next indebitatus count.] The quantum meruit thereon is as ante, 6. inserting as follows: "had before that time done, performed and bestowed other his work and labour, care and diligence, by himself and his servants, and with his horses, carts, and carriages; [or, "with his lighters and other vessels."] in and about the business of the said CD, and for the said CD, he the said CD undertook," &c. (Conclusion as ante, 6.) Add one indebitatus assumpsit *count for work and labour generally-and the account stated--and breach. 9 carriage of The indebitatus count is as ante, 5. inserting these words: III. Respecting personal "for the carriage and conveyance of divers goods, wares, and services. merchandise, by the said A B before that time carried and con- 56. For the veyed in certain carts and other carriages for the said CD goods by land. and at his special, &c. and being so indebted," &c. (a) (Conclusion as ante, 5.) The quantum meruit is as ante, 6. inserting as follows: "had before that time carried and conveyed divers other goods, &c. in certain other carts and carriages, for the said CD, he the said CD undertook," &c. (Conclusion as ante, 6.) The indebitatus count is as ante, 5. inserting these words: 57. For work, journies and " for the work and labour, care and diligence of the said A B, attendance. by him the said A B done, performed and bestowed, in and about the business of the said CD, and for the said C D, and at his special, &c. and for divers journies and attendances by the said AB, before that time made, performed and given, in and about the said work and labour for the said CD, and at his like special, &c. and being so indebted," &c. (Conclusion as ante, 5.) The quantum meruit thereon is as ante, 6. insert- › ing as follows: "had before that time done, performed and bestowed, other his work and labour, care and diligence in and about other the business of the said C D, and for the said CD, and had also at the like, &c. before that time made, performed and given, divers other journies and attendances in and about the said last mentioned work and labour for the said C D, he the said CD undertook," &c. (Conclusion as ante, 6.) [Add count for money paid-account stated-and breach.] *The indebitatus count is as ante, 5. inserting these words:" for the work and labour, care, diligence and attendance, of the said A B, by him the said A B before that time done, performed and bestowed, as the agent of and for the said CD, and on his rctainer, and for certain commission and reward due and of right payable from the said CD to the said AB in respect thereof, and being so indebted," &c. (Conclusion as ante, 5.) The quantum meruit thereon is as ante, 6. inserting as follows: "had before that time done, performed and bestowed, other his work and (a) See the observation on the last indebitatus count: add one indebitatus count for work and labour gene rally-and the account stated-and (b) See 1 Wentw. 195. * 34 58. For work as an agent generally, and for commission.(6) |