ING PERSON 2. RESPECT Sion as ante, 35.)The quantum meruit thereon is as ante, 36, *inserting as follows, "had before that time relinquished and given up to and in favour of the said C. D. a certain other business, of him the said A. B., he the said C. D. undertook," &c. (Conclusion as ante, 36.) [60] 52. For wages as a hired servant (u). 53 For wages as a sailor, agast the captain, or owner (w). 54. For short allowance money by a seaman. [61] III. RESPECTING PERSONAL SERVICES. First, Wages. The indebitatus count is as ante, 35, inserting these words, "for the wages or salary of the said A. B. before that time, and then due and payable from the said C. D. to the said A. B, for the service of the said A. B. by him before then done and performed, as the hired servant of and for the said C. D. and on his retainer, and being so indebted," &c. (The conclusion is as ante, 35.)-If the service has been performed. on board a ship, add these words, "in and on board a certain ship or vessel called 39 The indebitatus count is as ante, 35, inserting these words, "for the, wages of the said A. B. before that time and then due and payable from the said C. D. to the said A. B. for the service of the said A. B. before then done and performed as a mariner of and belonging to a certain ship or vessel, called, whereof the said C. D. during the time of such service was master and commander, and for the said C. D, and on his retainer. And being so indebted," &c. (Conclusion as ante, 35) The indebitatus count is as ante, 35, inserting these words, " for and in respect of his the said A. B. having at the special instance and request of the said C. D. for a long space *of time, to wit, for the space of -, then elapsed, and whilst he the said A. B. served as a mariner on board the said ship or vessel of the said C. D. and for the said C. D. relinquished his right to and not received from the said C. D. a great part of his daily allowance of meat, drink, and other necessaries, which he the said A. B. was, during that time, entitled to receive and have as such mariner as aforesaid, of and from the said C. D. under and by virtue of a certain agreement before then made between the said A. B. and the said C. D.; and being so indebted," &c. (Conclusion as ante, (u) The demand for wages being specific, no quantum meruit is added; but it is usual to add two counts for work and labour generally. If the defendant has refused to employ the plaintiff, the declaration should be special for not employing. 2 East. 145. (w) N. B. If it be against the owner of the ship, say, "a certain ship or vessel of the said C. D. called;" and omit the words in italics. The observation in the note to the last prece dent is applicable to this. ANG PERSON 35.) The quantrim meruit thereon is ás ante, 36, inserting as follows, 3. RESPECT. had before that time relinquished his right, and had not received for AL SERVICES. a long space of time, to wit, for the space of then elapsed, and Quantum whilst the said A. B. served as a mariner on board the said ship or meruit there. vessel of the said C. D. and for the said C. D. another great part of on his daily allowance of meat, drink, and necessaries, which he the said A. B. was, during that time, entitled to receive and have as such mari ner as aforesaid, of and from the said C. D. under and by virtue of a certain agreement before then made between the said A. B. and the said C. D. he the said C. D. undertook," &c. (Conclusion as ante, 36.) ard or mate, against the The indebitatus count is as ante, 35, inserting these words, " for the 56: For wages wages or salary of the said A. B. before that time and then due and as a ship stewpayable from the said C. D. to the said A. B for the service of the said A. B by him before that time done and performed, as the steward captain, of the said C. D, for a long time before then elapsed in and on board of a certain ship or vessel, called, &c. whereof the said C. D. was, for and during all that time, master and commander, and for the said C. D. and on his retainer And being so indebted," &c. (Conclusion as ante, 35.)-N. B. If at the suit of the mate, instead of the words in italics, insert “mate of." (See ante, 60.) The indebitatus count is as ante, 85, inserting, these words, "for the 57. For wages wages of the said A. B. and for his service before then done and per- as captain against the formed by him the said A. B. as master * and commander of a certain owner. ship or vessel, called, &c. for the said C. D. and on his retainer. And being so indebted," &c. (x) (Conclusion as ante, 35.) [* 62] wages, &c. by The indebitatus count is as ante, 35, inserting these words, "for cer- 58. For prize. tain prize-money, wages, salary, and reward, before that time and then money, due and payable from the said C. D. to the said A. B. for the service of a quarterthe said A. B. before that time done and performed by him the said master against the A. B. as quarter-master on board a certain ship or vessel of the said owner. C. D. called, &c. on the retainer, and at the special instance and request of the said C. D. And being so indebted,", &c. (y). (Conclusion as ante, 35.) corps of The indebitatus count is as ante, 35, inserting these words, " for the 59. For salary pay or salary of the said A. B. before that time and then due and payas quartermaster of able from the said C. D. to the said A. B. for the services of the said A. B. before then done and performed by him the said A. B. as quarter-master of a certain corps called, &c, for the said C. D. and at his special, &c. And being so indebted," &c. (z). (Conclusion as ante, 35.). 1 (x) See observation, ante, 60. (y) See observation, ante, 60. 104, & 1 Taunton. 300.-Peake. C. N. . troops. 3. RESPECT ING PERSON AL SERVICES. 60. For pilotage (a). 61. For crimpage. The indebitatus count is as ante, 35, inserting these words," for certain pilotage and reward before that time, and then due and payable from the said C. D. to the said A. B. for the pilotage, mooring and unmooring of a certain ship or vessel of the said C. D, by the said A. B. before then piloted, moored, and unmoored, for the said C. D. and on his retainer. And being so indebted," &c. (b) (Conclusion as ante, 35.) The indebitatus count is as ante 35, inserting these words, " for certain crimpage and reward before that time, and then due and payable from the said CD. to the said A. B. upon and for the procuring, raising, and shipping of certain seamen by the said A. B. before that time [68] procured, *raised, and shipped in and on board of a certain ship or vessel called, &c. for the said C. D. and on his retainer. And being so in debted," &c. (c) (Conclusion as ante, 35.) 62. For salvage (d). The indebitatus count is as ante, 35, inserting these words, "for the salvage of a certain anchor and cable, by him the said A. B. before that time saved for and delivered to the said C. D. And being so indebted," &c. (Conclusion as ante, 35.) 63. For work Secondly, Fees." The indebitatus count is as ante, 35, inserting these words, "for the and labour as work and labour, care, diligence and attendance of the said A. B. by an attorney and solicitor him the said A. B. before, that time done, performed, and bestowed as in prosecuting the attorney and solicitor of and for the said C. D. and upon his retainer and defending in and about the prosecuting, defending, and soliciting of divers causes, suits at law and in equity, and for fees, &c. and for preparing (a) See observation, ante, 60. Plead- by an attorney against his client or soli deeds, and for er's Assistant, 52, 3. journeys, &c, (e). (b) See observation, ante, 60. (c) Ante, 60. (d) See note, ante, 60. In the case of salvage from perils of the sea, the statutes have not taken away the common law remedy. See Abbott, 1 Edn. 331. 3 B & P. 612. and the precedent there; but in the case of recapture, as the Admiralty has peculiar jurisdiction over* prize-causes, (see 2 Dougl. 594. &c.) the 33 Geo. 3. c. 66. s. 42. renders it necessary for the recaptor to resort to that Court. As to the mode of recovering salvage, see the late acts, 48 Geo. 3. c. 130. 49 Geo. 3. c. 123 (e) This form will suffice in all cases tor for business done at law or in equity, adding one count for work and labour generally, and the money counts: where there was no suit carried on, or no deeds prepared, &c. or no journeys taken, the parts of this form not applicable to the case should be omitted.If the suit were carried on for a third person at the defendant's request, this count, with a little alteration, will suffice, 2 Show. 421. But if the defendant be liable in respect of a collateral undertaking in writing, the declaration must be special, 1 Saund. 211. b.-A common count for work and labour would in all cases suffice. Skin. 218. ING PERSONAL SERVICES. [64] meruit there. on. suits, and businesses for the said C. D. and for certain fees due and of 3. RESPECTright payable to the said A. B. in respect thereof. And also for other the work and labour, care, diligence, and attendance, of the said A. B. by him the said A. B. before that time done, performed, and be*stowed, in and about the drawing, copying, and engrossing of divers conveyances, deeds, and writings, for the said C. D. and in and about other the business of the said C. D. and for the said C. D. and at his special instance, &c.And also for divers journeys and other attendances by the said A. B. before then made, performed, and given, in and about the said business, and other the business of the said C. D. and for the said C. D. and at his like special, &c. and being so indebted," &c. (Conclusion as ante, 35.)—The quantum meruit on this Quantum count is as ante, 36, inserting as follows, "had before that time done, performed, bestowed, and given, other his work and labour, care, diligence, and attendance, as the attorney and solicitor of and for the said C. D. and upon his retainer in and about the prosecuting, defending, and soliciting of divers other causes, suits, and businesses, for the said C. D.; and had also at the like special, &c. before that time done, performed, and bestowed, other his work and labour, care, diligence, and attendance, in and about the drawing, copying, and engrossing, of divers other conveyances, deeds, and writings, for the said C. D, and in and about other the business of the said C. D. and for the said C. D. And had also at the like special, &c. before that time made, performed, and given divers other journeys and attendances in and about other the business of the said C. D. and for the said C. D. he the said C. D. undertook," &c. (Add a count for work and labour generally, and all the common counts.) (ƒ) [ * 65 ]. The indebitatus count is as ante, 35, inserting these words, "for the 64. As a clerk in court in the work and labour, care, diligence, and attendance, of the said A. B. as exchequer (g). a clerk in court in the said office, before that time done, performed, taken, and bestowed by him the said A. B. upon the retainer, and at the special, *&c. in and about the prosecuting and defending of divers causes and suits, and transacting divers other businesses for the said C. D. and for money laid out and expended, and paid by the said A. B. at the like special, &c in and about the prosecuting and defending the said causes and suits, and transacting the said other businesses, and for money due from the said C. D. to the said A. B. for his fees due and of right payable to him in that respect, and being so indebted," &c. (Conclusion as ante, 35.) The quantum meruit thereon is as ante, Quantum 36, inserting as follows, "had before that time done, performed and meruit there. bestowed other his work and labour, care, diligence, and attendance, as . on. (ƒ) When an attorney may recover 285. on the count for money paid, though his bill has not been delivered in, 11 East. 31. VOL. II. See the commencement, ante, AL SERVICES. 3. RESPECT- a clerk in court in the aforesaid office, in and about the prosecuting and ING PERSON- defending divers other causes and suits, and transacting divers other businesses for the said C. D. and had laid out and expended, and paid other sums of money in and about the prosecuting and defending the last-mentioned causes and suits, and transacting the said last mentioned other businesses, he the said C. D. undertook," &c. (Conclusion as ante, 36.) 66. As one of the six clerks in the Court of Chancery. [66] 7. As a proc tor in prosecuting an ap peal to the high Court of Delegates (g). The indebitatus count is as ante, 35, inserting these words, "for the work and labour, care, diligence, and attendance of the said A. B, as a solicitór, and also as one of the sworn clerks of E. F. Esq. one of the six clerks of his Majesty's High Court of Chancery at Westminster in the county of Middlesex, before that time done, performed, and bestowed by the said A. B. upon the retainer, and at the special instance and request of the said C. D. in and about the prosecuting, defending, and soliciting of divers causes, suits, and businesses, in the said court, for the said C. D. and for certain fees due and of right payable to the said A. B. în respect thereof. And being so indebted,” &c. (Conclusion as ante, 35.)-The quantum meruit thereon is as ante, 36, inserting as follows, "had before that time done, performed, and bestowed other his work and labour, care, and diligence, as such solicitor and sworn clerk as aforesaid, in and about the prosecuting, defending, and soliciting of divers other causes, suits, and businesses, *in the said Court of Chancery, for the said C. D. he the said C. D. undertook," &c. (Conclusion as ante 36.) The indebitatus count is as ante, 35, inserting these words, "for the work and labour, care, diligence, and attendance of the said A. B. by him the said A. B. before that time done, performed, and bestowed as the proctor of and for the said C. D. and upon his retainer, in and about the prosecuting of an appeal from a sentence pronounced by the. Arches Court of Canterbury, to the High Court of Delegates, and in and about other the business of the said C. D. and for the said C. D. and at his special, &c. and also for fees due, and of right payable from the said C. D. to the said A. B. in respect thereof, and being so indebted," &c. (Conclusion as ante, 35.) The quantum meruit thereon is as ante, 36, inserting as follows," had before that time done, performed, and bestowed other his work and labour, care, diligence, and attendance, as the proctor of and for the said C. D. and upon his like retainer, in and about the prosecuting a certain other appeal from a sentence pronounced by the said Arches Court of Canterbury, to the said High Court of Delegates, and in and about other the business of the said C. (g) 1 Wentw. 193, 4. |