ING REAL PROPERTY. said A. B. by himself the said C. D. and his servant and divers other 1. RESPECTpersons, 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 A. B. he the said C. D. undertook," (Conclusion as ante, 36.) The indebitatus count is as ante, 35, inserting these words, " for the 8. For the use and occupause and occupation of a certain pew in the parish church of —, in tion of a pew the county of, by the said C. D. and at his special, &c. and by the in a church. sufferance and permission of the said A. B. had,fused, occupied, "possessed and enjoyed by him the said C. D. and divers other persons of his family on divers Sundays and holydays, for and during a long time before elapsed for the attending and hearing divine service performed in the said church, and being so indebted," &c. (Conclusion as antë, 35.)—The quantum meruit thereon is as ante, 36, inserting as follows, "had before that time suffered and permitted the said C. D. and divers other persons of his family to use, have, occupy, possess and enjoy a certain other pew in the said parish church of -, in the county of , and that he the said C. D. and the said last-mentioned other persons had, according to the said last-mentioned sufferance and permission, used, occupied, possessed and enjoyed the same on divers other Sundays and holydays, for and during a long time before then elapsed, for the attending and hearing of divine service performed in the said church, he the said C. D. undertook," &c. (Conclusion as ante 36.) [* 41 ] The indebitatus count is as ante, 35, inserting these words, "for the 9. For the use use and occupation of divers seats or places in and parcel of a certain and occupation of a seat dwelling-house of the said A. B. by the said C. D. and divers other in a house to persons before that time used, occupied, possessed and enjoyed for the view a public procession. viewing of a certain public procession, on a certain day then past, and at the special, &c. of the said C. D. and being so indebted," &c. (Conclusion as ante, 35.)—The quantum meruit thereon is as ante, 36; inserting as follows, "had before that time suffered and permitted the said C. D. and divers other persons to have, use, occupy, possess and enjoy divers other seats or places in and parcel of a certain other dwelling-house of the said A. B. and that the said C. D. and the said last-mentioned other persons had, according to the said last-mentioned sufferance and permission of the said A. B. had, used, occupied, possessed and enjoyed the same, in and for the viewing of a certain other public procession, on a certain day then past, he the said C. D. undertook," &c. (Conclusion as ante, 36) The indebitatus count is as ante, 35, inserting these words, "for the 10. For the use of a certain tennis-court of the said A. B. by the said C. D. and at use of a tennis. court, balls, his special, &c. and by the sufferance and permission of the said A. B. and racket. before that time used in and for the playing of divers sets and games at tennis therein, and for the use and hire of divers dresses, balls, and 1. RESPECT rackets of the said A. B. before that time let to hire to the said C. D. ING REAL PROPERTY. [42] 11. For the use, occupa. tion, and profits of an inn (1). 12. On 11 Geo. 2. c. 19. s. 18. for double rent, tenant having ne at a special, &c. and by him the said C. D. according to that letting to The indebitatus count is as ante, 35, inserting these words, “for the use, occupation and profits of a certain inn, commonly called or known by the name or sign of the Inn, of the said A. B., by the said C. D. and at his special instance and request, and by the sufferance and permission of the said A. B. for a long time before then elapsed, had, held, used, occupied, received and taken, and being so indebted,” &c. (nclusion as ante, 35.)—The quantum meruit thereon is as ante, 36, inserting as follows, "had before that time suffered and per-“ mitted the said C. D. to have, hold, use and occupy a certain other inn, commonly called — of the said A. B., and receive and take the profits thereof, and that he the said C. D. had, according to the said last-mentioned sufferance and permission of the said A. B. 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 C. D. undertook, &c. (Conclusion as ante, 36.) The count is as ante, 35, inserting these words, "for that whereas the said C. D. after the 24th of June, 1738, mentioned in a certain act of parliament made in the 11th year of the reign of his late majesty king George the 2d, entitled, &o. to wit, on the 25th day of March, glected to quit A. D. 1806, at, &c. by force of the statute in such case made and proof his own no- vided, became and was indebted to the said A. B. in a large sum of in pursuance tice (o). [* 43] money, to wit, the sum of L.10, 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 L.20, (n) Ante, 38. (•) See a good precedent with notes, and a suggestion that the venue is lo cal, 2 Wentw. 64, 5, The remedy when the landlord gives notice to quit is debt for double value, 4 Geo. 2. c. 28. s. 1. ING REAL PROPERTY. payable quarterly by the said C. D. and at his special instance, &c. for 1. RESPECTa long space of time, to wit, from the 25th Dec. 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 Dec. A. D. 1805. And being so indebted," &c. (Conclusion as ante, 35.) land and eat The indebitatus count is as ante, 35, inserting these words, "for the 13. For the use of certain pasture-land of the said A. B. and the eatage of the use of pasture grass thereon growing, by him the said A. B. before that time let to age of the the said C. D. and at his special instance, &c. and by the said C. D. grass (p). 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. (Conclusion as ante, 35.)—The quantum meruit thereon is as ante, 36, 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, 36.) The indebitatus count is as ante, 35, inserting these words, " for the 14. For the use and occupation of certain rooms and apartments in and parcel of a use and occupation of uncertain dwelling-house, of the said *A. B. situate, &c. (7) by the said furnished C. D. and at his special instance, &c. and by the sufferance and per- lodgings. mission of the said A. B. for a long space of time before then elapsed, [44] had, held, used, occupied, possessed and enjoyed (r), and being so indebted," &c. (Conclusion as ante, 35).—The quantum meruit thereon is as ante, 36, inserting as follows, "had before that time permitted the said C. D. to have, hold, use, occupy, possess and enjoy certain 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 long space of time then elapsed, he the said C. D. undertook," &c. (Conclusion is as ante, 36.) (p) 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 defend. ant's cattle himself, the counts are for agistment as post. and when cattle are taken care of under cover, or in a VOL II. straw-yard,then the precedent is as post (q) It is not necessary nor advisable (r) The count is sustainable, though 1. RESPECT. ING REAL PROPERTY. 15. For the use and occu pation of furnished lodg ings. 16. For board and lodging. [45] 17. For warehouse room of goods. The indebitatus count is as ante, 35, inserting these words, " for the use and occupation of certain rooms and apartments in and parcel of a certain dwelling-house, of the said A. B. situate, (s) &c. 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, together with certain household furniture, table-linen, and other necessaries, goods and chattles, of the said A. B. therein being; and being so indebted," &c. (Conclusion as ante, 35.) The quantum meruit thereon is as ante, 36, 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 said 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, 36.) *The indebitatus count is as ante, 35, inserting these words, "for 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, 35.)-The quantum meruit thereon is as ante, 36, 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 consideration 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 C. D. undertook," &c. (Conclusion is as ante, 36.) The indebitatus count is as ante, 35, inserting these words," for warehouse-room by the said A. B. before that time found and provided for, in and about the stowing and keeping of certain goods and merchandize, 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, 35.)—The quantum meruit thereon is as ante, 36, inserting as follows, "had before that time found and provided other warehouse-room for, in and about the stowing and keeping of certain other goods and merchandize, before then stowed and kept in a certain other warehouse of him the said A. B. for (s) It is not necessary nor advisable to state the local situation, ante 37. n. (f) the said C. D. he the said C. D. undertook," &c. (Conclusion is as ante, 36.) said C. D. and at his 1. RESPECT ING REAL PROPERTY. The indebitatus count is as ante, 35, inserting these words, " for the 18. For the standing of certain carriages by the said A. B. before that time kept standing of a carriage. and taken care of in a certain building for the special instance, &c. and being so indebted," &c. 35.)—The quantum meruit thereon is as ante, lows," had before that time kept and taken care of, * in a certain building, certain other carriages for the said C. D. he the said C. D. undertook," &c. (Conclusion is as ante, 36.) [ 46 ] The indebitatus count is as ante, 35, inserting these words, "for the 19. For the mooring and fastening of a certain ship or vessel called, &c. to a cer- ships (t). moorage of tain chain of the said A. B. lying and being in the river Thames, in the said county of Middlesex, for a long space of time then elapsed, moored and fastened by the said C. D. to the said chain of the said A. B. and by his permission and sufferance, and at the special, &c. of the said C. D. and being so indebted," &c. (Conclusion as ante, 35).—The quantum meruit thereon is as ante, 36, inserting as follows, " had before that time at the like special, &c. of the said C. D. permitted and suffered him to moor and fasten a certain other ship or vessel called to a certain other chain of him the said A. B. in the river Thames aforesaid, in the county aforesaid, and that the said C.D. by virtue of such permission and sufferance, had before then moored and fastened the said last-mentioned vessel to the said chain there for a long space of time then elapsed, he the said C. D. undertook," &c. (Conclusion as ante, 36.) ́ on admission The indebitatus count is as follows, " for that whereas the said C. D. 20. For fines on, &cat, &c. being tenant of certain customary tenements, with the to copyhold appurtenances, parcel of the manor of " indebted was to the said (u). A. B. then and still being lord of the said manor, in the sum of L.of lawful, &c. for certain reasonable fines duly assessed, due and payable from the said C. D. to the said A. B. for and on the admission of him the said C. D. according to the usage and custom of the said manor into the said customary tenements, with the appurtenances, to hold to him, his heirs, and assigns, of the lord of the said manor, at the will of the *lord according to the custom of the said manor, and being so indebted," &c. (Conclusion as ante 35)—No quantum meruit count is to be added. [ 47 ] 183. (t) For boomage, pilotage, buoys, For buoyage and anchorage, 1 Wentw. and sea-marks, see Pleader's Assistant, 52, 3. For moorage, see 3 Wentw. 69. For quarterage on goods loaded on board ships in a port, 1 Wentw. 182. (u) This general count is sufficient, 1 T. R. 618, 9. 3 B. & P. 346.-1 B. &. P. 102. 2 Dougl. 727.—6 East, 56, |