Sidebilder
PDF
ePub

* 23

II. Respecto

The indebitatus count is as ante, 5. inserting these words :
ing personal « for the passage of the said C D, (or “ of divers, to wit-
35. For a pas- “ *seamen, before then carried and conveyed by the said A B,")
sage on board
a ship.

in and on board of a certain ship or vessel, called, &c. where-
of the said A B was master and commander, from, &c. to,
&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 the said C D (or
“ divers, to wit--other seamen”) in and on board of the said
ship or vessel, called, &c. whereof the said A B was master
and commander, from, &c. aforesaid, to, &c. aforesaid, he the
said C D undertook," &c. (Conclusion as ante, 6.)

36. For de The indebitatus count is as ante, 5. inserting these words :
murrage (1)

« for the use of a certain ship or vessel, called, &c. whereof
the said A B was master by the said C D, before that time re-
tained, and kept on demurrage, with certain goods and mer-
chandise on board thereof, for a long time before then elapsed,
and at the 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 suffered and
permitted the said C D to retain and keep, and that he the
said C D had accordingly retained and kept the said ship or
vessel, called, &c. whereof the said A B was master, with
certain other goods and merchandise on board thereof on de-
murrage for a long time before then elapsed, he the said C D
undertook," &c. (Conclusion as ante, 6.)

5

37. For light

The indebitatus count is as ante, 5. inserting these words : erage. « for the lighterage of divers goods, wares, and merchandise,

by the said A B, before that time carried and conveyed *in cer-
tain lighters and other vessels of the said A B, and by him the
said A B shipped and landed from and out of the same for the

* 24

(1) As to demurrage, see Abbott tract for demurrage, the declaration
on Shipping. If the contract for de- should be special on the implied con-
murrage be under seal, the declara- tract, to ship or unship the goods in
tion must be in debt on the deed, i a reasonable time.
New Rep. 104. If there be no con-

said C D, and at his special instance," &c. (Conclusion as 11. Respect

ing personal ante, 5.) The quantum meruit thereon is as ante, 6. inserting as

property.. follows : “ had before that time carried and conveyed divers other goods, &c. in certain other lighters, and other vessels of the said A B, and had unshipped and landed the same from and out of the same ships and other vessels for the said CD, and at his like special, &c. he the said C D undertook," &c. (Conclusion as ante, 6.)

erage, wharf

The indebitatus count is as ante, 5. inserting these words : 38. For light"for the lighterage, wharfage, and warehouse-room of divers age, and ware

house-room. goods, wares, and merchandise by the said A B, before that

(m) shipped and landed in and by certain lighters and other vessels of him the said A B, and deposited and kept in and upon a certain wharf, and certain warehouses and premises of the said A B 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 shipped and landed divers other goods, &c. in and by certain other lighters and vessels of him the said A B, and had deposited and kept the same in and upon a certain other wharf and certain other warehouses and premises of the said A B for the said C D, he the said C D undertook," &c. (Conclusion as ante, 6.)(n)

* 25

The indebitatus count is as ante, 5. inserting these words : 39. For the u for the good-will of a certain business of him the said A B, business.

good will of a before then relinquished and given up by the said A B to, and in favour of 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 relinquished and given up to and in favour of the said CD, a certain other business of him the said A B, he the said C D undertook,” &c. (Conclusion as ante, 6.)

(m) This form may be easily ap- and sea-marks, see Pleader's Assistplied to a demand for wharfage, or ant, 52, 53. For moorage, see s for warehouse-room only.

Wentw. 69. and ante, 12. (n) For boomage, pilotage, buoys,

11. Respect ing personal services.

III. RESPECTING PERSONAL SERVICES.

FIRST-WAGES.

40. For wages

a hired

The indebitatus count is as ante, 5. inserting these words : servant. “ for the wages or salary of the said A B before that time, and

then due and payable from the said C D to the said A B for the service of the said A B by him before then done and performed, as the hired servant of and for the said C D, and on his retainer, and being so indebted," &c. (The conclusion is as ante, 5.) If the service has been performed on board a ship, add these words : « in and on board a certain ship or vessel called

N. B. The demand for wages being specific, no quantum meruit is added; but it is usual to add two counts for work and labour generally. If the defendant have refused to employ the plaintis, the declaration should be special for not employing. 2 East, 145.

41. For wages

or

owner.

The indebitatus count is az ante, 5. inserting these words : as a sailor, against the « for the wages of the said A B before that time, and then captain,

due and payable from the said C D to the said A B for the service of the said A B before then done and performed as a mariner of and belonging to a certain ship or vessel, called

whereof the said C D during the time of such service was master ond commander, and for the said C D and on his retainer. And being so indebted,” &c. (Conclusion as ante, 5.) [N. B. If it be against the owner of the ship say, " a certain ship or vessel of the said C D *called -," and omit the words in italics. The observation at the foot of the last precedent here applies.]

* 26

42. For wages

The indebitatus count is as ante, 5. inserting these words : as a ship stew. ard or mate “ for the wages or salary of the said A B before that time, and against the captain.

then due and payable from the said C D to the said A B for the service of the said A B by him before that time done and performed, as the steward of the said C D for a long time before then elapsed, in and on board of a certain ship or vessel,

called, &c. whereof the said C D was, for and during all that III. Respect

ing personal time, master and commander, and for the said C D and on his services. retainer, And being so indebted,” &c. (Conclusion as ante, 5.) N. B. If at the suit of the mate, instead of the words in italics, insert “mate of.” See ante, 25.

The indebitatus count is as ante, 5. inserting these words : 43. For wages " for the wages of the said A B and for his service before then as captain *

gainst the done and performed by him the said A B, as master and com- owner. mander of a certain ship or vessel, called, &c. for the said CD and on his retainer. And being so indebted,” &c.) (Conclusion as ante, 5.)

[ocr errors]

The indebitatus count is as ante, 5. inserting these words : 41. For prize“ for certain prize-money, wages, salary and reward, before that

money,

ges, &c. by a time, and then due, and payable from the said C D to the said quarter-mas

ter against A B for the service of the said A B, before that time done and the owner. performed by him the said A B as quarter-master on board a certain ship or vessel of the said CD, called, &c. on the retainer, and at the special instance and request of the said C D. And being so indebted," &c.(1) (Conclusion as ante, 5.)

The indebitatus count is as ante, 5. inserting these words : 45. For salary, « for the pay or salary of the said A B before that time, *and as quarter

master of a then due and payable from the said C D to the said A'B, for corps of

troops. the services of the said A B, before then done and performed * 27 by him the said A B, as quarter-master of a certain corps, called, &c. for the said C D and at his special, &c. And being so indebted,” &c.(9) (Conclusion as ante, 5.)

The indebitatus count is as ante, 5. inserting these words : 46. For pilet: K for certain pilotage and reward before that time, and then age. due and payable from the said C D to the said A B for the pi. lotage, mooring and unmooring of a certain ship or vessel of the said C D by the said A B before then piloted, moored, and unmoored, for the said C D and on his retainer. And being so indebted,” &c.(r) (Conclusion as ante, 5.)

(0) See observation, ante, 25.
() See observation, ante, 25.
(9) See observation, ante, 25.
VOL. II.

(r) See observation, ante, 25. Pleader's Assistant, 52, 53.

[ 4 ]

III. Respect The indebitatus count is as ante, 5. inserting these words : ing persorul scrvices. “ for certain crimpage and reward before that time, and then 47. For crimp- due and payable from the said C D to the said A B, upon and age.

for the procuring, raising and shipping of certain seamen by the said A B before that time procured, raised and shipped, in and on board of a certain ship or vessel called, &c. for the said C D and on his retainer. And being so indebted,” &c.(s) (Conclusion as ante, 5.)

48. For salvage.

The indebitatus count is as ante, 5. inserting these words : “ for the salvage of a certain anchor and cable, by him the said A B before that time saved for and delivered to the said CD.

And being so indebted,” &c.(() (Conclusion as ante, 5.)

* 28

*SECONDLY-FEES.

49. For work The indebitatus count is as ante, 5. inserting these words : and labour as “ for the work and labour, care, diligence and attendance of an attorney in prosecuting the said A B by him the said A B before that time done, perand defending suits, and for formed and bestowed, as the attorney and solicitor of and for the for preparing said C D, and upon his retainer in and about the prosecuting, deeds, and for defending, and soliciting of divers causes, suits, and businesses

&

for the said C D, and for certain fees due and of right payable to the said A B in respect thereof. And also for other the work

($) Ante, 25.

adding two counts for work and labour (1) See note, ante, 25. In the generally, and the money counts : case of salvage from the perils of the where there was no suit carried on, sca, the statutes have not taken away or no decus prepared, &c. or no jourthe common law remedy. See Ab- nies taken, the parts of this form not bott, 1 cdit. 331. 3 B. & P. 612. and applicable to the case should be omitthe precedent there ; but in the case ted. If the suit were carried on for of recapiwe, as the admiralty has a third person at the defendant's repeculiar jurisdiction over prize cau. quest, this count, with little altera. ses, see 2 Doug. 594. &c. the 53 tion, will suffice, 2 Show. 421. But Geo. III. c. 66. s. 42. renders it ne- if the defendant be liable in respect cessary for the recaptor, to resort to of a collateral undertaking in writing, that court.

the declaration must be special, 1 (w) This form will suffice in all Saund. 211. b. cases by an attorney against his client,

« ForrigeFortsett »