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*I. RESPECTING REAL PROPERTY.

1. Respecting real property

The indebitatus count is as ante, 5. inserting these words : « for 1. For a free

hold estate a certain messuage or tenement and premises, with the ap- sold and conpurtenances of the said A B, situate, lying and being in the

veyed. parish of in the county of

-,(W) before that time bargained, sold, and released(r) by the said A B to the said CD, and at his special instance and request. And being so indebted," &c. (Conclusion as ante, 5.) The quantum meruit thereon is as ante, 6. inserting as follows : “ had before that time bargained, sold, and released to the said CD, a certain other messuage or tenement, and premises, with the appurtenances of the said A B, situate, &c. he the said C D undertook," &c. (Conclusion is as ante, 6.)

The indebitatus count is as ante, 5. inserting these words : “ for 2. Fora copse

hold estate certain messuages, lands, and tenements, with the appurte- surrendered. nances, situate, &c.(y) before that time bargained, sold, and surrendered, by the said A B to and for the said CD, 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 bargained, sold, and surrendered to and for the said CD, certain other messuages, lands, and tenements, with the appurtenances, situate, &c. he the said C D undertook," &c. (Conclusion is as ante, 6.)

The indebitatus count is as ante, 5. inserting these words : “ for 3. For a leasecertain messuages, lands, and tenements, with the appurte- sold and asDances, situate,(z) &c. before that time bargained, *sold, and signed.

* 8 assigned by the said A B to the said C D, and at his special instance and request, for the remainder of a certain term then to come and unexpired therein. And being so indebted," &c. (Conclusion as ante, 5.) The quantum meruit thereon is

(w) It is usual but unnecessary the nature of the conveyance, as wheto state the situation, G East, 318. ther it were by lease and release, If misstated, the variance will be a feoffment, &c. ground of nonsuit, 1 Esp. Rep. 273. (y) Ante, n. (w). (c) This allegation will depend on

(z) Id. ibid.

1. Respecting as ante, 6. inserting as follows : “ had before that time bargainreal property.

ed, sold and assigned certain other messuages, &c. with the appurtenances, situate, &c. for the remainder of a certain term of years then to come and unexpired therein, he the said C D undertook," &c. (Conclusion is as ante, 6.)

4. For the The indebitatus count is as ante, 5. inserting these words : « for good-will of a public-house, the good-will of a certain public-house, commonly called or and the plain- known by the name or sign of tiff's business

situate,(a) &c. and the therein. business of him the said A B of a victualler therein, before

that time surrendered, relinquished, and given up by the said A B, to and in favour of the said C D, and at his special, &c. And being so indebted, "&c. (a quantum meruit may be readily framed.)

5. For the The indebitatus count is as ante, 5. inserting these words : « for use and occur the use and occupation of a certain dwelling-house. (or “ of a house or of certain dwelling-house, buildings, and land,”) with the ap2 house and land.(c) purtenances of the said A B, situate, &c.(d) by the said *C * 9

D, and at his special instance and request, and by the sufferance and permission of the said A B for a long time then clapsed, had, held, used, occupied, possessed, and enjoyed. And being so indebted,” &c. (Conclusion as ante, 5.) The quantuni meruit thereon is as ante, 6. inserting as follows : “had before that time suffered and permitted the said C.D to have, hold, use, occupy, possess and enjoy a certain other dwellinghouse (or,' a certain other dwelling-house, buildings and land')

(a) Ante, 7. n. (mv).

208. and therefore it does not seem (c) This count is founded on 11 material to allege that the estate was Geo. II. c. 19. s. 14. but the statute is the plaintiff's. Where there is an not usually referred to in the declara: agreement under seal, for a lease not tion. It is unnecessary in debt or containing any covenant for the pay. assumpsit for use and occupation to ment of rent, this action may be supstate where the premises lic, or any ported, 4 Esp. 58. If it be doubtful of the particulars of the demise, 6 whether there be a demise under seal East, 348. though the venue may be it is advisable to declare in debt on Jocal when the demise was not to the demise, as in 1 Saund. 270. n. 1. 202, defendant, the same as against the as 203. 1 New Rep. 104. Ld. Raym. signce of the lessee in covenant, 1 1503. with a count in debt for use Saund. 241. n. 5. This count is suf- and occupation. ficient though the defendant may not (d) It is not necessary or advisable himself have occupied the premises, to state the local situation, ante, 7. n. 8 T. R. 327. The defendant cannot (20). plead vil habuit, 1 Wils. 314. 2 Wils.

with the appurtenances of the said A B, situate, &c. And 1. Respecting that he the said C D had, according to the said last-mentioned real property. sufferance and permission of the said A B, holden, used, occupied, possessed and enjoyed the same for a long space of time then elapsed, he the said C D undertook," &c. (Conelusion is as ante, 6.)

The indebitatus count is as ante, 5. inserting these words : “ for 6. On 11 Geo.

II. c. 19. s. 18. that whereas the said C D, after the 24th of June, 1738, men- for double tioned in a certain act of parliament made in the 11th year having nego

rent, tenant of the reign of his late majesty king George II. entitled, lected to quit

in pursuance &c. (to wit,) on the 35th day of March, A. D. 1806, at, &c. of his own

notice.(e) by force of the statute in such case made and provided, became and was indebted to the said A B in a large sum of money, (to wit,) the sum of 101. of lawful, &c. for the use and occupation of a certain messuage, with the appurtenances, situate, &c. on the 25th day of December, A. D. 1805, held by the said C D as tenant thereof to the said A B, at and under the yearly rent of 201. payable quarterly by the said C D, and at his special instance, &c. for a long space of time, to wit, from the 25th December, A. D. 1805, till the said 25th March, A. D. 1806, had, used, occupied, possessed, and enjoyed, notwithstanding a certain notice theretofore given by the said C D to the said A B, of his intention to quit, and that he the said C D would quit and deliver up unto the said A B, the *said messuage, with the appurtenances, upon the said 25th December, A. D. 1805. And being so indebted,” &c. (Conclusion as ante, 5.)

* 10

grass.

The indebitatus count is as ante, 5. inserting these words : “for 7. For the use

of pasture the use of certain pasture land of the said A B and the eat- land and eats age of the grass thereon growing, by him the said A B be- age of the fore that time let to the said CD, and at 'his special instance, &c. and by the said C D, according to such letting, had and used in and for the depasturing of certain cattle, for a long time before then elapsed, and being so indebted,” &c. (Con

(e) See a good precedent with medy when the landlord gives notice potes, aod a suggestion that the venue to quit is debt for double talkp, i is local, 2 Wentw. 64, 65. The re- Geo. II. c. 28. s. 1. Vol. II.

[2]

1. Respecting clusion as ante, 5.) The quantum meruit thereon is as ante, 6! real property.

inserting as follows : “ had before that time suffered and permitted the said C D to have and enjoy, and that the said C D had accordingly had and enjoyed certain other pasture land of him the said A B, and the eatage of certain grass thereon growing, in and for the depasturing of certain other cattle for a long time before then elapsed, he the said C D undertook," &c. (Conclusion is as ante, 6.)

8. For the

The indebitatus count is as ante, 5. inserting these words : « for use and OCcaration of the use and occupation of certain rooms and apartments in unfurnished Lodgingis.

and parcel of a certain dwelling-house of the said A B, situate, &c.(f) by the said C D, and at his special instance, &c. and by the sufferance and permission of the said A B for a long space of time before then elapsed, had held, used, occupied, possessed and enjoyed,(g) and being so indebted,” &c? (Conclusion as ante, 5.) The quantum meruit thereon is as ante, 6. inserting as follows : “had before that time permitted the said C D to have, hold, use, occupy, possess, and enjoy certain other rooms and apartments in, and parcel of a certain other dwelling-house of the said A B, situate, &c. and that he the said C D had, according to the said last-mentioned

sufferance and permission had, holden, &c. the same for a * 11

long space *of time then elapsed, he the said C D undertook," &c. (Conclusion is as ante, 6.)

9. For the The indebitatus count is ds ante, 5. inserting these words : " for use and occupa of fur- the use and occupation of certain rooms and apartments in nished lodg- and parcel of a certain dwelling-house of the said A B, siings.

tuate, &c. by the(h) said C D, and at his special instance, &c. and by the sufferance and permission of the said A B for a long space of time before then elapsed, had held, used, occupied, possessed and enjoyed, together with certain household furniture, table linen, and other necessaries, goods and

( ) It is not necessary, nor advisa- it is advisable to declare on the agreeble to state the local situation, ante, ment. 7. n. (w).

(h) It is not necessary, nor advi(5) This count is sustainable sable to state the local situation, ante, though the defendant may have re 7. n. (w). firsed to occupy, though in such case

chattels, of the said A B therein being, and being so indebt. 1. Respecting

real property. ed," &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 have, hold, use, occupy, possess and enjoy, certain other rooms and apartments in and parcel of a certain other dwelling-house, of the said A B, situate, &c. and that the said C D had, according to the last-mentioned sufferance and permission of the said A B, had holden, &c. the same together with certain other household furniture of the said A B therein being, for a long time before then elapsed, he the said C D undertook," &c. (Conclusion is as ante, 6.)

The indebitatus count is as ante, 5. inserting these words : "for 10. For board

and lodgiog. certain rooms, apartments and furniture of the said A B before that time used and enjoyed by the said C D at his special instance, &c. and by the permission of the said A B, and for meat, drink, fire, candles, attendance and other necessaries, by the said A B before that time found and provided 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 permitted the said C D to use and enjoy, and that 'he the said C D had accordingly used and enjoyed certain other rooms, apartments *and furniture of the said A B, and also in considera

* 12 tion that the said A B, at the like special, &c. had before that time found and provided other meat, drink, fire, candles, attendance and necessaries, for the said C D, he the said CD undertook,” &cs (Conclusion is as ante, 6.)

The indebitatus count is asante, 5. inserting these words : “ for 11. For wate

house-room warehouse room by the said A B before that time found and

of googs: provided for, in and about the stowing, and keeping of certain goods and merchandise, before then stowed and kept in a certain warehouse of him 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 us as ante, 5. in

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