1. RESPECT PROPERTY. The indebitatus count is as ante, 37, inserting these words "for the use ING REAL and occupation of a certain fishery, and the right of fishing in a certain river called the in the county of of the said plaintiff, by the said defendant, and at his special instance and request, and by the sufferance and pation of a permission of the said plaintiff for a long time before then elapsed, had held, fishery (t). used, occupied, possessed and enjoyed. And being so indebted," &c. (Con For the use and occu For the use of a way. clude as ante, 37.)—The quantum meruit count thereon is as ante, 37, The indebitatus count is as ante, 37, inserting these words, "for the use of a certain way and passage for divers cattle, waggons, and other carriages, Foaded with timber, wood and bark, (as the right of way may be), in, through, over, and along certain closes of the said plaintiff, before that time had, [ *13. ] *used and enjoyed by the said defendant, and at his request, and by the sufferance and permission of the said plaintiff for a long time then elapsed, and being so indebted," &c. (Conclude as ante, 37.)-The quantum meruit thereon is as ante, 37, inserting as follows,)" had before that time suffered and permitted the said defendant, by himself and his servants and other persons, and with cattle, waggons, and other carriages, to fetch, draw, take, and carry away divers large quantities of timber, wood and bark (as the case is), through, over, and along certain other closes and parcels of land of the said plaintiff, and that the said defendant had accordingly by the said permission of the said plaintiff, by himself the said defendant and his servants, and divers other persons, and with cattle, waggons and other carriages, fetched, drawn, carried, took and carried away the said timber, wood and bark, through, over, and along the said last-mentioned closes and parcels of land of the said plaintiff, he the said defendant undertook," &c. (Conclude as ante, 33.) For the use and occupation of a pew in a church. The indebitatus count is as ante, 37, inserting these words "for the use and occupation of a certain pew and seats in the parish church of in the county of by the said defendant, and at his special instance and request, and by the sufferance and permission of the said plaintiff, had, used, occupied, possessed, and enjoyed by him, the said defendant and divers other persons, on divers Sundays and holydays, and other days and times, for and during a long time before elapsed, for the attending and hearing divine and church. service performed in the said church, and being so indebted," &c. (Conclude as ante, 37.)-The quantum meruit thereon is as ante, 37, inserting as follows "had before that time suffered and permitted the said defendant and divers other persons to use, have, occupy, possess, and enjoy a certain other pew and seats in the said parish church of in the county of - and that he the said defendant and the last-mentioned other persons had, according to PROPERTY. the last-mentioned sufferance and permission, used, occupied, possessed, and I. RESPECTenjoyed the same on divers other Sundays and holydays, and other days and ING REAL times, for and during a long time before then elapsed, for the attending and hearing divine and church service performed in the said church, he the said defendant undertook," &c. (Conclude as ante, 38.) seat in a sion. The indebitatus count is as ante, 37, inserting these words "for the use For the use and occupation of divers seats and places in and parcel of a certain messuage and occuand premises of the said plaintiff by the said defendant, and divers other pation of a persons, before that time used, occupied, possessed, and enjoyed, for the house to viewing of a certain procession, on a certain day then passed, and at the view a pubspecial instance and request of the said * defendant, and being so indebted," lic proces &c.-Conclude as ante, 37.-The quantum meruit is as ante 37, inserting [ 44 ] * as follows, "had before that time suffered and permitted the said defendant and divers other persons to have, use, occupy, possess, and enjoy, divers other seats and places in and parcels of a certain other messuage and premises of the said plaintiff, and that the defendant and the said last-mentioned other persons had, according to the said last-mentioned sufferance and permission of the said plaintiff, had, used, occupied, possessed, and enjoyed the same, in and for the viewing of certain other procession, on a certain day then past, he the said defendant undertook, &c. (Conclude as ante, 38.) court, balls The indebitatus count is as ante, 37, inserting these words "for the use For the use of a certain tennis court of the said plaintiff by the said defendant, and at of a tennis his special instance and request, and by the sufferance and permission of the and racksaid plaintiff, before that time used in and for the playing of divers lawful ets. sets and games at tennis therein, and for the use and hire of divers dresses, balls, and rackets of the said plaintiff, before that time let to hire, to the said defendant, to the special instance and request, and by the said defendant, according to that letting to hire, had and used, in and for the playing the said sets and games, and being so indebted," &c. (Conclude as ante, 37.)-The quantum meruit thereon is as ante, 37 inserting as follows, "had before that time suffered and permitted the said defendant to use a certain other tennis court of the said plaintiff, and that the said defendant had, according to the said last-mentioned sufferance and permission, before that time used the said lastmentioned tennis court in and for the playing of divers other sets and games of tennis therein. And also in consideration that the said plaintiff, at the like special instance and request of the said defendant, had before that time let to hire to him the said defendant divers other dresses, balls, and rackets of the said plaintiff to be had and used, and that he the said defendant had accordingly had and used the same in and the playing of the said last-mentioned sets and games, he the said defendant undertook," &c. (Conclude as ante, 38.) The indebitatus count is as ante, 37, inserting these words, "for the For the use, occupation, and profits of a certain inn commonly called and known by use, occu the name and sign of the Inn, of the said plaintiff by the said defend-pation, and profits of ant, and at his special instance and request, and by the sufferance and per- an inn (u). mission of the said plaintiff for a long time before then elapsed, had, held, [ 45 ] used, occupied, received and taken and being so indebted," &c. (Con (u) Ante, 40 ING REAL PROPERTY. 1. RESPECT- clude as ante, 37.) The quantum meruit, thereon is as ante, 37, inserting as follows, "had before that time suffered and permitted the said defendant to have, hold, use, and occupy a certain other inn, commonly called of the said plaintiff, and receive and take the profits thereof, and that he the said defendant had, according to the said last-mentioned sufferance and permission of the said plaintiff, had, held, and occupied the said last mentioned inn, and received and taken the profits thereof for a long time before then elapsed, he the said defendant undertook, &c. (Conclude as ante, 38.) On 11 G. 2. for double "For that whereas the said defendant, after the 24th of June, 1738, menc. 19. s. 18, tioned in a certain act of parliament made in the 11th year of the reign of rent, ten- his late Majesty King George the Second, to wit, on the (x) day of ant having November, A. D. at, &c (venue) by force of the said statute, became neglected and was indebted to the said plaintiff in a large sum of money, to wit, the pursuance sum of [10] of lawful money of Great Britain, for the use and occupation of his own of a certain messuage and premises, with the appurtenances, on the 29th day notice (w). of September, A. D. 1830, held by the said defendant, as tenant thereof to to quit in For the use of pasture land and eatage of the grass. (y) [ *46 For the use, occu ] the said plaintiff, at and under the yearly rent of [£20], payable quarterly [to wit, on, &c. on, &c. on, &c. and on &c.] (according to the fact) by the said defendant, and at his special instance and request for a long space of time, to wit, from the 29th September, A. D. 1830, till the said 25th December, A. D. 1830, (according to the fact) had, used, occupied, possessed and enjoyed, notwithstanding a certain notice thereof given by the said defendant to the said plaintiff of his intention to quit, and that he the said defendant would quit and deliver up unto the said plaintiff the said messuage and premises, with the appurtenances, upon the said 25th December, A. D. 1830, and being so indebted," &c. (Conclude as ante, 37.) The indebitatus count is as ante, 37, inserting these words, "for the use of certain pasture land of the said plaintiff, and the eatage of the grass thereon growing, by him the said plaintiff before that time let to the said defendant, and at his special instance and request, and by the said defendant according to such letting, had and used in and for the depasturing of cattle, for a long time before then elapsed, and being so indebted," &c. (Conclude as ante, 37.)-The quantum meruit thereon, is as ante, 37, inserting as follows, "had before that time suffered and permitted the said defendant to have and enjoy, and that the said defendant had ac-cordingly had and enjoyed certain other pasture land of him the said plaintiff, 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 defendant undertook," &c. (Conclude as ante, 38.) The indebitatus count is as ante, 37, inserting these words, "for the pation, and use, occupation, and enjoyment of a certain barn and barn yard (according (w) See a good precedent with notes, and a suggestion that the venue is local, 2 Went. 64, 65; see also a precedent and law, 2 B. & A. 652; see also the notes, Chit. Col. Stat. 1 vol. 047. The remedy, when the landlord gives notice to quit, is debt for double value, 4 Geo. 2. C. 28. s. 1. and see a form of declaration for it, post, 493. (x) Any day before the title of declaration. (y) This count is proper where the defendant has the use of the land, and turns on his cattle himself. When the plaintiff retains the land in his own possession, and depastures the defendant's cattle himself, the counts are for agistment, as post, 59; and when cattle are taken care of under cover, or in a straw yard, then the precedent is as post, 59. ING REAL ses und to the fact) and premises, with the appurtenances, and of certain prædial I. RESPECTtithes of the said plaintiff by the said defendant, and at his special instance PROPERTY. and request, and by the sufferance and permission of the said plaintiff for a long time before then elapsed, had, held, used, occupied, received, taken enjoyment of premiand enjoyed, and being so indebted," &c. (Conclude as ante, 37.)- The quantum meruit thereon is as ante, 37, inserting as follows, "had prædial suffered and permitted the said defendant to have, hold, use, occupy, re- tithes. ceive, take and enjoy, a certain other barn and barn yard (according to the fact) and premises, with the appurtenances, and certain other prædial tithes of the said plaintiff, and that he the said defendant had according to the said last mentioned sufferance and permission, had, used, occupied, received, taken, and enjoyed the same for a long space of time before then elapsed, he the said defendant undertook," &c. (Conclude as ante, 38.) and occu tithes. [ 47 ] The indebitatus count is as ante, 37, inserting these words, "for the For the use use and occupation of a certain [messuage and buildings, lands and premises, pation of with the appurtenances, and certain tithes of the said plaintiff by the said lands, with defendant, and at his special instance and request, and by the sufferance and the right permission of the said plaintiff, for a long time before then elapsed, held and to take the enjoyed, and for certain tithes whereof the said plaintiff was the proprietor, issuing and arising from and out of certain lands and premises in the occupation of the said defendant, and by the said defendant, before that time, and at his special instance and request, and by the sufferance and permission of the said plaintiff, had taken and retained to his the said defendant's own use, and being so indebted," &c. (Conclude as ante, 37.-A quantum meruit may be readily framed.) for For the use and occu The indebitatus count is as ante, 37, inserting these words, the use and occupation of certain rooms and apartments of the said plaintiff, pation of in and parcel of a certain dwelling-house (z) by the said defendant, and at unfurnishhis special instance and request, and by the sufferance and permission of the ed lodgings said plaintiff, for a long space of time before then elapsed, had, held, used, occupied, possessed, and enjoyed, (a), and being so indebted," &c. (Conclude as ante, 37)-The quantum meruit thereon is as ante, 37, inserting as follows, "had before that time permitted the said defendant to have, hold, use, occupy, possess, and enjoy, certain rooms and apartments of the said plaintiff, in and parcel of a certain other dwellinghouse, and that he the said defendant had, according to the said last-mentioned sufferance and permission had, holden, used, occupied, possessed, and enjoyed the same for a long space of time then elapsed, he the said defendant undertook," &c. (Conclude as ante, 38.) and occu pation of The indebitatus count is as ante, 37, inserting these words, "for the For the use use and occupation of certain rooms and apartments of the said plaintiff, in and parcel of a certain dwelling-house (c), by the said defendant, and at his furnished special instance and request, and by the sufferance and permsssion of the said lodgings plaintiff, for a long space of time before then elapsed, had, held, used, oc(b). (z) It is not necessary nor advisable to state agreement, ante, 41, n. the local situation, ante, 39, n. (a). (a) The count is sustainable, though the defendant may have refused to occupy, though in such case it is advisable to declare on the (b) See form, Plead. Ass. 282. (c) It is not necessary nor advisable to state the local situation, ante, p. 39, n. (b). PROPERTY. 1. RESPECT cupied, possessed, and enjoyed, together with certain household furniture. ING REAL linen, and other necessaries, goods, and chattels of the said plaintiff therein *being, and being so indebted," &c. (Conclude as ante, 37.) The quantum meruit thereon is as ante 37, inserting as follows, "had before that time suffered and permitted the said defendant to have, hold, use, occupy and possess, and enjoy, certain other rooms and apartments of the said plaintiff, in and parcel of a certain other dwelling-house, and that the said defendant had, according to the said last mentioned sufferance and permission of the said plaintiff, had, holden, used, occupied, possessed, and enjoyed the same, together with certain other household furniture, linen, and other necessaries, goods and chattels of the said plaintiff, therein being. for a long time before then elapsed, he the said defendant undertook,” &c. (Conclude as ante, 38.) For board ing (d) The indebitatus count is as ante, 37, inserting these words, "for the use and log- and occupation of certain rooms, apartments, and furniture of the said plaintiff before that time used and enjoyed by the said defendant, at his special instance and request, and by the permission of the said plaintiff, and for meat, drink, fire, candles, attendance, goods, chattels, and other necessaries by the said plaintiff before that time found and provided for the said defendant, and at his like special instance and request, and being so indebted,” &c (Conclude as ante,) 37.-The quantum meruit thereon, is as ante, 37. inserting as follows, "had before that time permitted the said defendant to use and enjoy, and that he the said defendant had accordingly used and enjoyed certain other rooms, apartments, and furniture of the said plaintiff and also in consideration that the said plaintiff, at the like special instance and request of the said defendant, had before that time found and provided other meat, drink, fire, candles, attendance, goods. chattels, and necessaries for the said defendant, he the said defendant undertook," &c. (Conclude as ante, 38.) For ware house room The indebitatus count is as ante, 37, inserting these words, "for warehouse-room by the said plaintiff before that time made and provided for, in and about the stowing and keeping of certain goods and chattels, before the stowed and kept in certain warehouses and other erections and buildings and premises of the said plaintiff, for the said defendant, and at his special instance and request, and being so indebted," &c. (Conclude as ante, 37.)The quantum meruit thereon is as ante, 37, inserting as follows. [49]"had before *that time found and provided other warehouse-room for, in. and about the stowing and keeping of certain other goods and chattels before then stowed and kept in certain other warehouses, erections, buildings, and premises of the said plaintiff for the said defendant, he the said defendan undertook," &c. (Conclude as ante, 38.) For the The indebitatus count is as ante, 37, inserting these words "for the standing of standing of certain carriages and chattels by the said plaintiff before that a carriage. time kept and taken care of in certain buildings and premises for the sail defendant, and at his special instance and request, and being so indebted," &c (Conclude as ante, 37.)-The quantum meruit thereon is as ante, (d) See the counts, post; when let for illegal or immoral purposes, this action does not lie. Selw. N. P. 67; See 1 Camp. 348. (e) See form, Morg. Prec. 19. |