DECLARATIONS IN CASE-(continued.)

I. FOR TORTS TO THE PERSON-(continued.)

For Slander-(continued.)

for saying to a person who was about to hire plaintiff's ship, that she was broken

and unfit to proceed to sea, whereby he refused to hire ship, 641 k

for slander, where the words are spoken ironically, 641 k

for slander, where it is to be collected from question and answer, 641 l For Criminal Conversation.

precedent for, 642

For Debauching Daughter, Servant, &c.

precedent for, 643.

For enticing away Apprentices, &c.

by master, for, 645

for harboring, 616

For Ccareless Driving.

against stage-coach owners, for overloading, &c. whereby coach upset and plaintiff's leg broken, 647

against proprietor of stage-coach, for negligently driving, whereby coach was overturned, and plaintiff's wife so much hurt, that she, after being ill for some time, died, 650

against owner of coach, for the negligence of his servant in driving same against plaintiff's gig, and upsetting him, &c. 650 a.

Against Inn-Keepers.

against innkeeper for refusing to lodge plaintiff, 668

II. FOR TORTS TO PERSONAL PROPERTY.

Against Carriers by Land.

for loss of a box, 651

for not carrying within a reasonable time a box, 653

[passenger, b.

against coach proprietors, for loss of a parcel which they engage to carry with a second count stating termini of journey with less particularity, 653

third count merely stating that defendants had plaintiff's parcel to carry to its destination, without describing them as coach owners, or termination of journey, 653 a

fourth count for not taking care of parcel generally, 654

for not forwarding parcel, ib.

Against Carriers by Water.

against captain, under bill of lading, for deviating from voyage, 656

for neglecting unloading goods from ship, 664

against carrier by water, for the loss of goods and injuring them in unloading, ib. against owner of ship for not obtaining a cocquet, &c. whereby goods forfeited, Against Innkeepers.

for loss of a box, 657

for refusing to lodge plaintiff, 668 Against Attornies.

[665

[evidence, 669

against attorney, for negligently conducting a cause to trial without proper general count against an attorney, for improperly conducting an action, 669 general count against an attorney, for not causing a sufficient title to an estate by plaintiff, to be conveyed to him, per quod he could not re-sell it, 669 a general count against an attorney for negligence in investigating title, 669 b Against a Bailiff.

against a broker employed to distrain on plaintiff's tenant, for negligence in conducting the distress, whereby the goods were lost to plaintiff, 669 c

second count for not duly selling goods, 669 d

DECLARATIONS IN CASE-(continued.)

II. FOR TORTS TO PERSONAL PROPERTY-(continued.)

Against a Bailiff—(continued.)

third count for carelessness generally, 669 d

fourth count for not distraining, 669 e

Against Bailees in general.

against bailee, for negligence, stating purpose of bailment, 669 ƒ

[quest, 670

against bailee, without reward, for not taking care of and re-delivering on reagainst bailee of lease, for pawning it, 671

against miller for mixing corn, 672

against acceptor of bill, for cancelling his acceptance, 673

for selling cow deposited with defendant as security for a debt, 674

against coal-meter, for not properly measuring coals, whereby plaintiff paid for more than he had, 676

for putting plaintiff's mare, taken damage feasant, into defendant's farm-yard, where it was gored, 678

For Deceit and Misrepresentation, &c.

for a false warranty of a horse, 679

for deceit, on exchange of horses, 681

for falsely warranting a cable sound, 682

for deceitfully selling a smaller quantity of coals than pretended, 685

for deceitfully selling land for greater quantity than it was, 687

declaration in case, for misrepresenting the value and quantity of business, &c. done at public-house, which plaintiff was about to purchase, and which he afterwards purchased of defendant, 688

for misrepresenting value of business, ib.

for pretending defendant had given more for lease than he had, 690

for misrepresenting that defendant was authorized to receive goods directed to plaintiff's wharf, whereby plaintiff lost wharfage, 691

for representing plaintiff's wagon set out from defendant's inn, 694

by one fishmonger against another, for personating him to a customer, 697
by proprietor of patent snuff, for selling snuff as if plaintiff's, ib.

[669

for defending ejectment in plaintiff's name, whereby plaintiff imprisoned for costs, for representing third person fit to be trusted, 702

for misrepresenting the character of a person, whom plaintiff, in consequence, employed as his agent, 705.

For negligently Driving Carriages.

against stage-coach owner for his servant's driving against plaintiff's gig, 708 For negligently navigating Ships.

for running ship against plaintiff's barge. 712

information by Attorney-General, for running foul of king's ship.

For illegal Distresses.

for double value of goods distrained, no rent due, on 2 W. &M. s. 1. c. 5. s. 5-717 for distraining beasts of plow, and sheep, 418

for distraining tools of trade when sufficient other goods on premises, 718

for distraining more rent than was due, 719

for taking excessive distress for rent, on 52 H. 3. c. 4.-720

for distraining a second time on same goods for same rent, 720

for impounding distress off the premises, and not giving notice, 722

for refusing to restore distress, on tender of rent and costs, 723

for selling a distress within five days, 724

for not removing distress within reasonable time after five days, 724

for selling under a distress, without having goods appraised by two sworn apprai eers, 725.

DECLARATIONS IN CASE-(continued.)

II. FOR TORTS TO PERSONAL PROPERTY-(continued.)

For illegal Distresses-(continued.)

for selling a growing crop (under a distress) before the same had been gathered and appraised, contrary to the 11 Geo. 2. c. 19. s. 8.-725

for not selling for the best price, 725 a

[distress, 726

against a broker, on 57 Geo. 3. c. 93, for not giving a copy of the charges of a for not leaving the overplus of distress with the sheriff, ib.

against plaintiff's landlord for not indemnifying him against a distress made on his goods by the ground-landlord, 727

For excessive Levies.

for levying too much on judgment on warrant of attorney, 727 b

second count for issuing fieri facias, where nothing due, 728*

for procuring fieri facias for more than judgment, 729

against sheriff, for levying too much and selling at undervalue, 730 For Rescue and Pound-Breach.

for rescuing cattle taken damage-feasant, 732

for pound breach, cattle taken damage-feasant, 735

for rescue of a person arrested on mesne process, 736.

For Escapes.

against sheriff for escape, on mesne process, 738
the like for not arresting on opportunity, 740

the like for false return of non est inventus, ib.

the like for escape on final process, 741

against marshal for escape on mesne process, prisoner removed by habeas corpus, ib.

against marshal for escape, where original action was in Common Pleas, and de-
fendant therein was surrendered to warden of fleet in discharge of bail, and
thence by habeas corpus committed to the custody of the marshal, 742
second count, setting out the writ and proceedings more concisely, 742 b

a general count against marshal for escape, where defendant in custody on a sur-
render in discharge of bail, 743

the like where prisoner in custody under detainer by a fresh plaintiff, ib.

against warden, where prisoner surrendered in discharge of bail, 745

For false Returns, &c.

for false return of nulla bona to fieri facias, 748

for not levying, and for false return, 750

for false return of non est inventus, 740

For not taking Replevin Bond, 750

For taking insufficient Pledges in Replevin, 754

For not assigning Bail Bond, 755

For not obeying Subpœna.

for not obeying subpœna duces tecum, whereby plaintiff nonsuited, 757

For infringing Copyrights.

for infringing copyright of book, 750

for exposing pirated copies to sale, 761

other counts, ib.

for infringing copyright of a musical composition, 761 a

for infringing copyright of a print, 762

For infringing Patents.

by patentee and assignee, 764

for making imitations, 766

For injury to Property in Reversion.

for injury to goods in possession of tenant, 767

DECLARATIONS IN CASE-(continued.)

III. FOR TORTS TO REAL PROPERTY CORPOREAL.

To Houses, &c. in Possession.

for obstructing ancient windows, 768

second count for continuing nuisance, 770

third count more general, and not stating means of obstruction, ib.

for not repairing privy adjoining plaintiff's house, 771

second count, for not emptying cess-pool, 772

for manufacturing candles near a dwelling house, 773

for keeping a slaughter-house near plaintiff's school, 775

for cutting down trees in an avenue, 776

for erecting a building next to plaintiff's, so that the rain-water ran therefrom on plaintiff's house, and injured it, and plaintiff thereby lost lodgers, &c. 776

To Houses, &c. in Reversion.

by reversioner for damage done to house, &c. in tenant's possession, 778

for stopping up chimneys in house, 778

For not repairing Fences.

for not repairing, whereby plaintiff's cattle escaped and were hurt, 780 For Waste

by reversioner against tenant for voluntary waste, 784

the like in another form, by a reversioner against tenant who had quitted premises, for having cut down.timber, and committed waste, 785

second count, for not cutting down timber as defendant ought to have done, 785 landlord against tenant, for not cultivating according to good husbandry, and not repairing, 785 a

For injuries to Water courses.

for diverting water in river from plaintiff's mill; 786

[means, 790

second count, stating a general diversion of the water, without showing the for not keeping banks of river in repair, 791

for widening cuts from stream, 793

for removing a hatch placed to prevent water running to a mill, per quod plaintiff could not repair or work mill, 794

for interrupting plaintiff in reversionary right to irrigate a meadow, 794

against owner of wharf, for placing tree in Thames, whereby plaintiff's barge struck, 795

for injury to navigable canal, whereby plaintiff's barges could not proceed, ib. for using more water to mill on canal than necessary, 798

IV. FOR TORTS TO PERSONAL PROPERTY INCORPOREAL

For Disturbance of Rights of Common.

of common of pasture, by turning sheep on the common, 799
second count for obstructing the common, not stating how, 802
of common in common fields, cultivated in rotation, &c. ib.

for building, &c. upon the common, 804

for inclosing part of the common, ib.

for digging turves, 805

for taking dung off common, ib.

for putting heaps of dung on common, ib.
for trespass on common with horses, &c. 806
for disturbance of common of turbary, ib.
for disturbance of common of estovers, 807

For Disturbance of Ways.

for obstructing plaintiff's private way, 807

second count without showing the means of obstruction, 809

DECLARATIONS IN CASE-(continued.)

IV. FOR TORTS TO PERSONAL PROPERTY INCORPOREAL-(continued.)

For Disturbance of Ways-(continued.)

third count more general, merely stating the way to be towards, &c. 810
case by reversioner, for obstructing a way by building thereon, ib.

For Disturbance of Ferries, 814

For Disturbance of a Pew, 817

For Disturbance of a Market.

for opening a new market thereby disturbing plaintiff's ancient market, 818 For disturbance of Franchises, Tolls, Offices, Ferries, &c. 818 b

V. UPON STATUTES,

By Party Grieved.

on 8 Ann. c. 14, against sheriff, for not leaving year's rent, 818 d

on 23 H. 6. c. 9, for refusing bail, 821

on Geo. 3, against justice, for refusing bail, 825

on 28 Eliz. c. 4, against sheriff for extortion, 827

DECLARATIONS IN TROVER.

for cattle, deeds, bonds, bills, notes, bank notes, money, or goods, 835

by assignees of bankrupt, on bankrupt's possession, and a conversion after the bankruptcy, 837

second count on assignee's possession, 838

by the assignee of an insolvent debtor, on a possession and conversion before insolvent's petition, ib.

[assignee, 838

second count on insolvent's possession, with a conversion, after plaintiff was third count on the assignee's possession and a conversion afterwards, ib.

by an executor, for conversion in the life-time of testator, ib.

second count, for conversion after his death, 839

third count, for trover and conversion after testator's death, ib.

by an administrator, on intestate's possession, 840

second count on trover before the death, and conversion after, 841.
third count on trover after death and before administration, ib.
fourth count on possession of administrator, 842

DECLARATIONS IN REPLEVIN.

declaration in replevin in K. B. or C. P. 843
the like in a county court, 845

DECLARATIONS IN TRESPASS.

COMMENCEMENT AND CONCLUSIONS.

commencement and conclusion in K. B. 846

the like in C. P. 848

the like in C. P. in a more concise form, 849

L. TO PERSONS.

for an assault, spitting in face, beating, &c. with damage, 850

second count, for a common assault, 852

for firing a loaded pistol at plaintiff, and wounding him thereby, ib.
the like for battery, &c. on board a ship, ib.

for forcibly excluding plaintiff from vestry-room, 858
for preventing plaintiff entering quaker's meeting-house, ib.
husband and wife against husband and wife, for battery, 854
by husband alone, for the battery of his wife, per quod, &c. ib.
for criminal conversation, 855