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and labour, care, diligence and attendance, of the said A B be- III. Respectfore that time done, performed, and bestowed, in and about the ing personal

services. 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 C D and for the said C D, and at his special instance, &c. And also for divers journies and other attendances by the said A B 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.)

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The quantum meruit on this count is as ante, 6. inserting as fola lows : “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 C D, and for the said ( D, he the said C D undertook," &c.

The indebitatus count is as ante, 5. inserting these words : “ for 50. As one

of the sixty the work and labour, care, diligence and attendance of the clerks in the said A B, as a solicitor, and also as one of the sworn clerks of Court of

Chancery. 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 C D, in and about the prosecuting, defending and soliciting of divers causes, suits and businesses, in the said court, for the said C D, 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.

III. Respect. inserting as follows : “ had before that time done, performed
ing personal and bestowed other his work and labour, care and diligence as
services.

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

51. As a proc.

the

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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
high court of the said A B, by him the said A B before that time done, per-
delegates.(x) formed and bestowed, as the proctor of and for *the said CD,

and upon his retainer, in and about the prosecuting of an ap-
peal from a sentence pronounced by the Arches court of Can-
terbury, to the high court of delegates, and in and about other
the business of the said CD, and for the said CD, and at his
special, &c. and also for fees due, and of right payable from
the said C D 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 dele-
gates, and in and about other the business of the said C D,
and for the said CD, and at his like special, &c. he the said
C D undertook, &c. (Conclusion as ante, 6.)

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52. By an ao The indebitatus count is as ante, 5. inserting these words :
gent against
another at o for the work and labour, care and diligence of the said A B,
torney,

by him the said A B before that time doné, performed and
bestowed, for the said C D, as the agent of the said € D, and
upon his retainer, and at his special, &c. in and about the pro-
secuting and defending of divers suits in law and equity, for
the said C D, and for fees due, and of right payable to the said
A B in that respect, and in and about the drawing and engross.
ing 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-

(2) 1 Wentw. 193, 194.

tendance of the said A B, by him before that time done, però rii. Respect. formed, and bestowed for the said C D, and at his request, and in 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.

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*The indebitatus count is as ante, 5. inserting these words : 53. As a she

riff's officer, k for certain fees, perquisites, and sums of money, before that bailiff, &c. 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 A B, 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 C D. 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.)

THIRDLY FOR SERVICES IN GENERAL.

The indebitatus count is as ante, 5. inserting these words : 54. For work < for the work and labour, care and diligence of the said A B, and materials:

and labour, (y)

(y) When the work has been per- at the request of the defendant for a formed for the defendant, though un- third person, omit the statement of der a special agreement not under the business, &c. being “ of the de. seal, this count is sufficient, Fitzg. fendant,” and if the defendant's lia302. 1 Wils. 117. but if not perform- bility be merely collateral, on a writed in consequence of the defendant's ten contract, declare specially, 1 breach of contract, the declaration Saund, 211, b. should be special, 2 East, 145. if done

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?Il. Respect- by him the said A B before that time done, performed and be-
ing personal stowed, in and about the business of the said C D, and for the

saidC D, and at bis special, &c. And also for divers materials
and other necessary things by *the said A B before that time
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.) Tlie quantum me-
ruit 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 C D, 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-men-
tioned work and labour, he the said C D undertook,” &c. (Con-
clusion 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.

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 C D, 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 C D, and for the said CD, he the said C D undertook,” &c. (Conclusion as ante, 6.) Add one indebitatus assumpsit *count for work and labour generally—and the account stated and breach.

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The indebitatus count is as ante, 5. inserting these words : III. Respect

ing personal " for the carriage and conveyance of divers goods, wares, and services. merchandises by the said A B before that time carried and con- 56. For the veyed in certain carts and other carriages for the said C D 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 C D, he the said C D 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 A B, 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. 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 the said.C D, and for the said C D, 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 C D undertook,” &c. Conclusion as ante, 6.) [Add count for money paid-account stated—and breach.]

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*The indebitalus count is as ante, 5. inserting these words : “ for 58. For work

an agent the work and labour, care, diligence and attendance, of the said generally, and A B, by him the said A B before that time done, performed and for con mis

) 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 C D 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

(a) See the observation on the last rally—and the account stated-mand indebitatus count: add one indebita. breach. tus count for work and labour gene (6) See 1 Wentw. 195.

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