Declaration

for not paying

pounds for one year, or any part thereof, nor the faid sum of money
fo laid out and paid by the faid fohn for making the faid injurance,
or any part there:f, nor the faid fifteen pounds by the hundred fo
continued on bottomree as aforefaid, or any part thereof, although
fo to do he the faid Philip was requested by the faid J. afterwards,
to wit, on the fame day and year laft aforefaid, at London afore-
faid in the parith and ward aforefaid; but hath hitherto wholly re-.
fufed, and still refufes. (zd Count, after mentioning defendant's
mode of being in arrear, &c. :) And whereas faid Philip, at the
time of the taking and fettling of the faid laft account, and alfo at
the time of the making the agreement hereafter next mentioned,
was, and from thence for a long time, to wit, hitherto, hath been,
poffeffed of a certain part or fhare of a certain fhip or veffel called
the Rebecca, then, and during all and most part of the time afore-
faid, employed in trade; and the faid P. being fo poffefied of fuch
his intereft in the faid fhip, being, during all the time aforefaid, of
the value of one hundred pounds and more; and the faid P. being fo
found in arrear to the faid J. in the faid fum of one hundred and
ninety pounds, it was, on the fame day and year, &c. agreed, &c.
(as before, to this mark, then, omitting what is in Italic, add),
and that as to one hundred pounds, parcel of the faid two hundred
and ninety pounds, he the faid John fhould venture, &c. (as be-'
fore, omitting all that is in Italic, except the first that follows;
Count upon the note; money lent, laid out, &c.; infimul compu-
taffet, &c.

Special Counts were drawn by Mr. Warren.

MIDDLESEX, to wit. S. P. complains of P. M. being, gainst defendant &c.: for that whereas the faid S. before and on, &c. to wit, at, plaintiff half the &C. was, and from thence hitherto hath been, and ftill is, feifed expence of the in his demefne as of fee of and in a certain meffuage or dwellingparty wall be- house, with the appurtenances, there fituate, and being of a cer

tween their

houses.

tain rate or clafs of building, and alfo of and in a certain wall called a party-wall, of and belonging, and part or parcel of the faid mefluage or tenement; and the faid Samuel being fo feifed as aforefaid, afterwards, and whilft he was fo feifed, to wit, on, &c. to wit, at, &c. in confideration that the faid Samuel, at the special inftance and request of the faid Patrick, would per(1) a part, that mit and fuffer the faid Patrick to make use of (1) the faid party-wall is to fay, two of the faid Samuel, to wit, by cutting into end putting, laying, thirdparts of the aid party-wall, placing, and fixing the ends of divers beams, rafters, and other timbers of and belonging to a certain mefluage or dwelling-house of a certain rate or clafs of building, to wit, the fame rate or clafs of building as the faid meffuage or dwelling-houfe of the faid Samuel, that is to fay, of the third rate or class of building, which he the faid Patrick was then and there about to build, and building contiguous and next adjoining to the faid meffuage or dwelling(2)" fouth" houle of the faid Samuel, that is to fay, on the (2) north fide thereof, at the parish aforefaid, in and upon the faid party-wall of

the

part, to wit,two

faid"

(3)"a part, that

is to fay, two third parts of "

the faid S. and by keeping and continuing the fame fo therein, and thereon put, laid, placed, and fixed, and by building fuch house adjoining to, and making ufe of the faid party-wall the whole length thereof (1), as the party-wall between the faid two build- (1)" of him the ings, and as the only party-wall between them, he the faid P. un faid Samuel in dertook, and then and there faithfully promifed the faid S. to thirdparts therepay him a part, to wit, one moiety of the expence of building the of," faid (2) party-wall of him the faid Samuel, when he the faid Pa- (2)" part, to trick fhould be thereto requested: And the faid Samuel in fact wit, the faid two faith, that he, confiding in the faid promife and undertaking of the third parts of the faid Patrick, fo by him made in this behalf as aforefaid, did, after the making thereof, to wit, on, &c. fuffer and permit the faid Patrick to make ufe of, and the faid Patrick did then and there, to wit, on, &c. at, &c. by virtue of fuch permiffion, make use of (3) the faid wall of him the faid Samuel, to wit, by then and there cutting into and putting, laying, placing, and fixing the ends of the aforefaid beams, rafters, and other timbers in and upon the faid party-wall of him the faid Samuel, and by keeping and continuing the fame fo therein and thereon put, laid, placed, and fixed, and by building fuch house by him the faid Patrick as aforesaid, adjoining to and making ufe of the faid party-wall (4) the whole (4) "of the faid length thereof, as a party-wall between the faid two buildings,and Samuel in two as the only party-wall between them; by means of which feveral premifes, and according to the tenor of the faid promise and undertaking of the faid Patrick fo by him made as aforefaid, he the faid Patrick afterwards, to wit, on, &c. to wit, at, &c. became liable to pay to the faid Samuel a part, to wit, one moiety of the expence of building the faid (5) party-wall of him the faid Sa- (5) "part, that muel, and made use of by him the faid Patrick as aforefaid: And twothird parts of the faid Samuel in fact faith, that the fame then and there, to wit, the on, &c. at, &c. amounted to a large fum of money, to wit, the mentioned" fum of (6) twelve pounds twelve shillings, whereof the faid plaintiff (6) "61. 35. 6d.” then and there had notice: And whereas, &c. &c. (this Count

like the laft, only omitting what is underlined, and inferting

thirdparts there

of,"

is to fay, the faid

faid laft

what is wrote in margin.) And whereas the faid Patrick 3d Count.
afterwards, to wit, on, &c. at, &c. was indebted to the
faid Samuel in the fum of twenty pounds of lawful, &c. for the
use and occupation of divers, to wit, two party-walls of him the
faid Samuel, fituate and standing in the parish of, &c. by him the
faid Samuel, and at his request, and by the permiffion of the said
Samuel, for a long time, to wit, for the fpace of four years then
elapfed, had used, poffeffed, and enjoyed; and being fo indebted,
he the faid Patrick, in confideration thereof, afterwards, to wit,
on, &c. at, &c. undertook, &c. &c. And whereas, &c. &c. 4th Count.
(quantum meruit; money laid out, &c. &c.; lent, &c. &c.; ac-
count ftated; and common conclufion.)

B 4

V. LAWES.

PALACE

Declaration,

which he let out

board a ship, a

brought afhore;

PALACE COURT, to wit. Peter Dawl, by R. F. his atplaintiff waspof- torney, complains of Jof. Seddon, of a plea of trefpafs on the case, feffed of a boat, &c.: for that whereas heretofore, to wit, on, &c. to wit, at, &c. to hire to defen. and within the jurifdiction of this court, in confideration that the dant to bring faid Peter, at the fpecial inftance and request of the faid J. had (ome mahogany, then and there let to hire to him the faid J. a certain boat of him which was on the faid Peter, he the faid J. undertook, and then and there faithfhore; defend fully promifed the faid Peter, to ufe, and that the faid boat, whilft ant toldtheplain. under fuch letting to hire thereof as aforefaid, thould be ufed, in a tiff that the faid fair, reasonable, and lawful manner; And the faid Peter in fact mahogany could faith, that although the faid boat of him the faid Peter was used be legally and employed by the faid J. under fuch letting thereof to hire as but defendant aforefaid: Yet the faid J. not regarding his faid promife and unnot having pro- dertaking fo by him made as aforefaid, but contriving and fraucured the certi- dulently intending craftily and fubtilly to deceive and defraud the ficate for its be- faid Peter in this behalf, did not then and there use the faid boat ing landed, the of him the faid Peter, nor was the fame then and there used in a mahogany and boat were feiz. fair, reasonable, and lawful manner; but on the contrary thereof, ed, &c. he the faid Peter further fays, that whilft the said boat of him the faid Peter was fo let to hire to the faid J. as aforefaid, he the faid J. did ufe, and caufed the faid boat to be used, in an unfair, unreasonable, and unlawful manner, to wit, by then and there, that is to fay, on, &c. at, &c. in the county and jurisdiction aforefaid, putting on board, and caufing to be put on board, the fame, from and out of a certain fhip or vessel then lying and being in the river of Thames, and within the jurifdiction of this court, to be carried afhore and laid on land, divers pieces of mahogany, which had been before then imported into this kingdom without the proper and lawful certificate or authority for the fa unfhipping and carrying on fhore the faid mahogany, commonly called a fufferance, or certificate of fufferage, accompanying the fame (and without he the faid Peter then and there knowing that the faid mahogany was not accompanied with fuch certificate or authority); whereby, and by means whereof, the faid boat of the faid Peter, together with its oars, being in the whole of a large value, to wit, of the value of nine pounds of lawful money of Great Britain, became and were liable to forfeiture and feizure, and were in confequence thereof afterwards, and whilst they were fo employed in carrying of the faid mahogany as aforefaid, to wit, on, &c. at, &c. in, &c. in due manner feized, taken, and carried away from the faid Peter, as forfeited for the cause aforefaid, whereby the faid Peter hath not only ever fince the said seizure loit the ufe of his faid boat and oars, and all profit, benefit, and advantage that would have arifen and accrued to him from the fame, and from the ufe thereof in his business of a waterman, but hath also been put to great trouble, inconvenience, and expence in a fruitless endeavour to recover the said boat and oars; and the said boat and oars, in confequence and by reafon of their being fo ufed and feized as aforefaid, became and were, and are wholly and entirely loft unto the faid Peter, to wit, at, &c, in, &c. And whereas

ad Count.

alfo

alfo heretofore, to wit, on, &c. in, &c. in confideration that the faid Peter, at the special inftance and request of the faid J. would in and by a certain other boat of him the faid Peter carry on shore, from a certain other ship or veffel then lying and being in the river Thames aforefaid, and within the jurifdiction aforefaid, certain other pieces of mahogany, he the faid J. undertook, and then and there faithfully promifed the faid Peter, that the said laf-mentioned mahogany might be then lawfully carried afhore from the faid laft-mentioned fhip or veffel in and by the faid laftmentioned boat of the faid Peter: And the faid Peter in fact further faith, that he, confiding in the faid laft-mentioned promife and undertaking of the faid J. and not knowing but that the faid laft-mentioned mahogany might be fafely carried afhore in and by the said last-mentioned boat of the faid Peter, after the making of the faid laft-mentioned promife and undertaking of the faid J. to wit, on, &c. at, &c. in, &c. had and received the faid last-mentioned mahogany into his faid last-mentioned boat, for the purpose of carrying the fame on fhore, and at the time of the feizure thereof, as hereafter mentioned, was proceeding and about fo to do: Yet the faid Peter in fact further faith, that the faid J. did not regard his faid laft-mentioned promise and undertaking, but did thereby then and there craftily and fubtilly deceive and injure him the faid Peter in this, that the said laft mentioned mahogany fo put on board of the faid laft-mentioned boat of him the faid Peter as aforefaid, for the purpose aforesaid, might not, at the time of the making of the faid laft-mentioned promife and undertaking of the faid J. and at the time of the faid laft-mentioned mahogany being fo put in and on board the faid last-mentioned boat of the faid Peter for the purpose aforefaid, be lawfully carried on fhore in and by the faid laft-mentioned boat, but it was then and there unlawful to carry the fame on fhore in and by the said boat, by reason that the faid laft-mentioned mahogany was not then and there accompanied with the proper and lawful certificate or authority for fo carrying the fame on fhore, commonly called a fufferance or certificate of fufferage; whereby, and by means whereof, the faid laft-mentioned boat of the faid Peter, together with its oars, being in the whole of a large value, to wit, of the value of nine pounds of like lawful money of Great Britain, became and were liable to forfeiture and feizure, and were in confequence afterwards, and whilft they were fo employed in the carrying of the faid laft-mentioned mahogany as aforefaid, to wit, on, &c. at, &c. in, &c. duly feized, taken, and carried away from the faid Peter as forfeited for the cause aforefaid; whereby the faid Peter hath not only ever fince loft, &c. &c. (as in first Count.) And whereas heretofore, to wit, on, &c. at, &c. in, &c. in con- 3d Count fideration that the faid Peter, at the like fpecial inftance and requeft of the faid J. and without then and there knowing but that the mahogany hereafter next mentioned might be lawfully carried on fhore as hereafter mentioned, had then and there fuffered and permitted the faid J. to load and put in and on board a certain

other

4th Count.

other boat of him the faid Peter, from and out of a certain other fhip or veffel then lying and being in the river Thames aforesaid, within the jurifdiction aforesaid, certain other pieces of mahogany, to be carried on fhore in and by the faid laft-mentioned boat of him the faid Peter, he the faid J. undertook, &c. that the faid laft-mentioned mahogany might be then lawfully carried on shore from the faid laft-mentioned fhip or veffel in and by the said laft-mentioned boat of the faid Peter: Yet the faid Peter in fact further faith, that the faid J. did not regard his faid last-mentioned promife and undertaking, but did thereby then and there craftily and fubtilly deceive and injure him the faid Peter in this, to wit, that the faid laft-mentioned mahogany fo put on board the faid laft-mentioned boat of him the faid Peter for the purpose aforefaid, might not, at the time of the fame fo being put on board the faid laft-mentioned boat as aforefaid, for the purpose aforefaid, or at the time of making the faid laft-mentioned promise and undertaking of the faid J. be lawfully carried on shore in and by the faid laft-mentioned boat of him the faid Peter, but it was then and there unlawful to carry the fame on fhore in and by the faid laft-mentioned boat, and the fame would not be then and there carried on thore in or by fuch boat without fubjecting the faid laft-mentioned boat, together with its oars, to forfeiture and feizure; whereby, and in confequence whereof, the faid laft-men. tioned boat and oars, being in the whole of a large value, to wit, of the value of nine pounds of like lawful money, afterwards, and whilft they were employed in carrying the faid lait-mentioned mahogany on fhore from the faid last-mentioned fhip or veffel, to wit, on, &c. at, &c. in, &c. in due manner feized, taken, and carried away from the laid Peter as forfeited, whereby the faid Peter hath not only, ever fince the faid laft-mentioned seizure, lost the ufe, &c. &c. (as before.) And whereas heretofore, to wit, on, &c. at, &c. in, &c. in confideration that the faid J. had before then unlawfully attempted to bring on fhore, in and by a certain other boat of the faid Peter, from a certain other fhip or veffel then lying in the river Thames aforefaid, and within the jurifdiction aforelaid, certain other pieces of mahogany; and alfo in confideration that the faid laft-mentioned boat of the faid Peter, together with its oars, had in confequence of, and during fuch attempt to bring on fhore fuch mahogany as laft aforefaid, become forfeited, and been in due manner feized, taken, and carried away from him the faid Peter as forfeited, he the faid J. undertook, &c. to pay him the value of his faid last-mentioned boat and oars when he thould be thereto afterwards requested: And the faid Peter in fact faith, that the faid laft-mentioned boat and oars of him the faid Peter were, at the time of the aforefaid seizure and forfeiture thereof, of a large value, to wit, of the value of other nine pounds of like lawful money; whereof the faid J. afterwards, to wit, on, &c. at, &c. in, &c. had notice; and although the faid laft-mentioned boat and oars have not been as yet restored to the faid Peter, but are ftill wholly loft to him: Yet the faid John, not regard