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to the &c. day of &c., and, during that time, had the care and management of the goods of the plaintiff (in the schedule hereto annexed, mentioned); all of the value of &c., to merchandise and make profit thereof, for the plaintiff; and to render him a reasonable account thereof on demand; yet, though requested, the said D hath never rendered a reasonable account thereof, but wholly refuses so to do.

J. Otis.

Another. In a plea of account; for that the said D, at &c. on &c., was bailiff to the plaintiff of twenty pair of men's shoes &c., all of the value of &c., to carry them to the West Indies, the dangers of the seas excepted, and there to merchandise with them to the plaintiff's best profit, and thereof to render the plaintiff his reasonable account, on demand, saving to the said D one half of the profits thereof; and the said D afterwards carried the said goods safe to &c., in the West Indies; yet he hath not rendered his reasonable account thereof, though requested, but unjustly neglects it.

GRIDLEY.

Another by Baron and Feme. In a plea of account; for that the said D, at &c. from &c. to &c., was the bailiff of the said F, then sole, and during all that time, had the care and management of the several goods and chattels, enumerated in the scbedule hereunto annexed, all of the value of &c., to merchandise therewith, for the benefit of the said F, and ought thereof to render his reasonable account on demand; yet the said D, though of'en requested, never rendered his reasonable account aforesaid, to the said F, while sole, nor to the plaintiffs or either of them, since their intermarriage, but refuses to do it. Thatcher.

By consignor of goods. In a plea of account, for that the said D at &c., froin &c. to &c., was the plaintiff's bailiff, and in that time, had the care and management of the plaintiff's five hogsheads of molasses, containing &c., of the value of &c., to transport to Philadelphia (the dangers of the seas only excepted), and there to sell the same to the plaintiff's best advantage, and to lay out the proceeds in the following manner, viz. &c., and to render to the plaintiff a reasonable account thereof, when thereto required; and the plaintiff avers, that the said D transported the goods aforesaid safely to said Philadelphia, and there sold the same; yet, though requested, &c. Against surviving bailif, for not rendering account of goods, fc.

In a plea of account; for that the said D and one S. now deceased, and whom the said D survived, were, for a long time, to wit, from &c. to &c., the bailiffs of the plaintiff, to wit, at &c., and during that time, bad the care and administration of divers goods and merchandises of the plaintiff, to wit, of twelve chests of coral beads of the plaintiff

, of a great value, to wit, forty thousand dollars, to be merchandised and made profit of for the plaintiff, and to render a reasonable account of the same to the plaintiff

, when requested; yet the said D and S, in the lifetime of the said S, or the said D, since the decease of the said S, though often required, have not nor hath either of them, rendered a reasonable account of the same to the plaintiff

, but the said D and S, in the lifetime of the said S, and the said D since the decease of the said S, have refused, and the said D still refuses so to do. Godfrey v. Saunders, 3 Wilson's Rep. 73.

Partner v. Partners, as bailiffs of lands and goods. In a plea of account; for that the said C and D, on &c., and from thenceforth until &c., at &c., were bailiffs of the plaintiff of certain closes, called &c., situate in &c., with the appurtenances, of them, the said C and D and the plaintiff, and, for all that time had the care and management thereof, and received the issues and profits thereof, for the common benefit and profit of the said C and D, and the plaintiff, to render a reasonable account thereof to the plaintiff, when thereto required; and, during all that time, at &c., were the bailiffs of the plaintiff, and had the care and management of great quantities of peat, and peat ashes, and hay of the said C and D. and the plaintiff, for the common benefil and profil of the said C and D and the pluintiff, to render a reasonable account thereof to the plaintiff, when thereto required; yet the said C and D, though often requested, have not, nor hath either of them, rendered to the plaintiff a reasonable account of the premises, or any part thereof, but have denied, and still deny so to do.

Pli Assist. 35. HARDCASTLE.

Against bailif for goods, fc. to merchandize with. In a plea of account; for that the said. D had been bailiff of the plaintiff, from &c. until &c., and during all the time aforesaid, had the care and disposal of divers goods and merchandizes of the plaintiff, to wit, of six half barrels of white herrings, four quarter barrels of salmon, and one half barrel of salmon for all the time aforesaid, to merchandize and make profit thereof, for the plaintiff, and to render him a reasonable account thereof, when requested ; yet the said D. though requested, hath not rendered a reasonable account thereof, but hath refused, and still refuses to render the same to him.

Pl. Assist. 36. DRAPER. Against owner of fishing schooner, for not accounting for fish.

In a plea of account; for that the said D, was bailiff of the plaintiff, at &c., from &c., to &c., and had the care and management of his fifth part of one hundred quintals of cod fish, caught by the plaintiff and others, a fishing crew in the said D's schooner, Fishhawk, within the time aforesaid, and of the value of &c., to merchandize with, and make profit thereof, for and to render his reasonable account thereof, to the plaintiff on demand; yet, &c.

Joint-tenant v. Joint-tenant of a chattel, as bailif. In a plea of account ; for that the said D, for a long time, to wit, from &c., until &c. at &c., was proprietor of one undivided moiety, and tailiff of the plaintiff of the other undivided moiety, of a certain mare, and during that time, had the care and management of said mare, and the letting out to hire of said mare, for the advantage and profit of the plaintiff and the said D, to render a reasonable account thereof to the plaintiff, on demand; yet the said D, though requested, hath not rendered the said reasonable account to the plaintiff, but refuses so to do.

Imp. Pl. 153. Note. This action is given by 4 Ann, c. 16, sect. 27, in England. Against Bailiff of lands and chattels, and receiver of money, to

merchandise. In a plea of account.; 'for that the said D, on &c., and until, &c., at se og had been bailiff of the plaintiff, of twenty messuages and five hundred acres of land, with theịr appurtenances, and during all that time, had the card, and management of the horses, cows, and sheep of the plaintiff, to wit, of fifty horses, fifty cows, and five hundred sheep, to make merchandise and profit thereof, for the plaintiff, and to render the plaintiff a reasonable account of the same ; and, during the time aforesaid, that the said D had been bailiff to the plaintiff, at &c., the said D, at &c., received of the money of the plaintiff, ten thousand dollars, by the hands of R. S., to make merchandise and profit thereof, for, and to render a reasonable account thereof to the plaintiff

, when requested; yet the said D, though requested, hath not rendered a reasonable account thereof to the plaintiff, but hath refused, and still refuses so to do. Imp. Pl. 151. Against bailif of lands, with power to demise, fc., and receiver of

moneys. In a plea of account; for that the said D was bailiff to the palintiff of one messuage and thirty acres of land with the appurtenances, in S aforesaid, from &c. to &c. and during all that time, had the care and management thereof, and sufficient power to improve, let, and demise the tenements aforesaid, with the appurtenances, and to collect and receive the rents, issues and profits of all the premises, to the use of the plaintiff, and, during all that time, had been receiver of all the moneys of the plaintiff, and had as such received of the moneys of the plaintiff, by the hands of R. W. one hundred dollars, and, by the bands of W. R., six hundred dollars, to render his reasonable account thereof, to the plaintiff, on demand; yet the said D, hath not rendered his reasonable account thereof to the plaintiff, but hath refused, and still refuses so to do.

Mod. Ent. 50. Against a guardian for profits of lands. In a plea of account ; for that the said D had been guardian to the plaintiff, and, as such, had the custody of the lands and tenements of the plaintiff, to wit, two messuages, three cottages, and eighty acres of land, thirty acres of meadow, eighty acres of pasture, and thirty acres of wood, with the appurtenances, in &c., from &c. until &c., (the plaintiff during all that time being within the age of fourteen years,) and, during all that time, the said D received the issues and profits of the said messuages and tenements, to render his account thereof when he should come of full age; yet the said D hath not rendered such account to the plaintiff, but hath refused, and still refuses so to do. Mod. Ent. 52.

Note. By “ full age" here is meant fourteen years; and if the guardian take the profits afterwards, he must be sued as bailiff, and not as guardian; and this may be done, even while under twenty-one years of age. 1 Inst. 89; 1 Woodes. 457; 1 Bl. Comm. 463.

So if a stranger intermeddle with, and take profits of the lands, the heir may have this action against him, and charge him, as guardian, for the time he was under fourteen ; and, as bailiff, afterwards. Fitz. Nat. Brev. 270 ; Sulliv. Lect. 175; Co. Litt. 89, b. 90, a. (MSS.) Adm'r of a partner against a partner, who was also surviving part

ner of another firm, as receivers of moneys. First Count. In a plea of account; for that the said S (intestate) and one C, now deceased, had the said E, at &c., on &c., and long before had been, and from that time until the decease of the said C, which happened on &c., continued to be copartners in trade, jointly using commerce together under the name and firm of &c., and the said E and one A, on &c., and long before that time, were, and until the time of the decease of said A, which happened on &c., continued to be copartners in trade, jointly using commerce together, as partners, under the firm of &c., to wit, at &c.; and that the said E and A, being partners as aforesaid, in the lifetime of said A, were the receivers of the moneys of the said C, S, and E, from &c., unto the time of the said A's decease, which happened on &c., during which time the said A and E in his lifetime, as partners as aforesaid, had jointly received of the moneys of the said C, S, and E, belonging to them as copartners, as aforesaid, at &c., the several and respective sums, mentioned in the account hereto annexed, by the several persons, for the causes, in the way and in the manner, respectively mentioned in said account, in the whole amounting to $60,300, one third part whereof belonged to the said S, to render a reasonable account thereof to him, when they, the said A and

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