said M, &c., &c., and other wrongs to the said M, the said L then and there did, against the peace of the commonwealth, and to the damage of the plaintiffs.

NOTE. Nothing must be alleged in this count which affects the husband alone; as the expense of the wife's cure.

By husband alone, for the battery of his wife, per quod, &c.

For that the said D, on &c., at &c., with force and arms, made an assault upon the said E (the wife,) and did then and there beat, bruise, wound, and ill treat the said E, so being the wife of the plaintiff as aforesaid, insomuch that the said E, then and there became and was sick, lame and disordered, and so continued for a long space of time, to wit, hitherto; whereby the plaintiff, during all that time, lost the comfort, assistance, society, and benefit of the said E, his wife, in bis domestic affairs, which he might and otherwise would have had; and thereby also the plaintiff was obliged to expend, and did expend a large sum of money, to wit, $, in the healing of his said wife of her said lameness, malady, and disorder, occasioned as aforesaid, &c., to the damage of the said plaintiff, &c.

NOTE. "To their damage" would be bad. It is said that care should be taken in declaring by the husband alone, for an assault and battery committed on the wife, not to include any injury for which the husband and wife together may maintain an action, lest judgment should be arrested; and therefore the personal sufferings of the wife must not be included. See Com. Dig. Plead. 2 A, 1; 1 Salk. 119.

For beating a daughter, per quod, &c.

For that the said D, on &c., at &c., with force and arms, made an assault on E F, then and still being the daughter and servant of the plaintiff, to wit., at &c., and then and there beat, bruised, wounded, and ill treated her; insomuch that the said E F, by means thereof, then and there became and was sick, lame, and disordered, and so continued for a long space of time, viz. from thence hitherto; during all which time, the plaintiff was deprived of the service of his said. daughter and servant, and of all the benefit and advantage, that might and otherwise would have arisen to him from such &c., viz. at &c. aforesaid.

For debauching a daughter or servant; in Trespass. See ante, Case, p. 457.

For that the said T, on &c., at &c., with force and arms, assaulted, debauched and carnally knew one E F, then and

from thence hitherto the daughter and servant of the plaintiff; whereby the said E F became pregnant and sick with child, and so continued for a long space of time, to wit, nine months then next following, at the expiration whereof the said E F, on &c., at &c., was delivered of the child with which she was so pregnant as aforesaid, viz. at &c. aforesaid; by means of which said several premises, the said E F, during all the said nine months, was unable to perform the necessary affairs of the plaintiff, so being her father and master as aforesaid; and thereby the said plaintiff was, during all the said nine months, deprived of the service. of his said daughter and servant, to wit, at &c, aforesaid; and was obliged to expend, and did expend, divers large sums &c. of money, in the whole amounting to $—, in the nursing of his said daughter and servant, and in the delivery of the said child, &c. &c.

NOTE. This action for the seduction of a daughter, may be maintained, if the daughter is actually in her father's service, or lives in his family, whether she is under or over twenty one. 2 T. R. 166; Peake's N. P. 55. But if she is of age and in another's service at the time of se duction, he can maintain no action. 5 East, 45. But if the seducer hires her into his service for the purpose of seduction, the father may maintain this action. 2 Starkie, 493. If acts of service are proved, though the daughter does not sleep under her father's roof, he may main. tain this action. 5 T. R. 360. And if she is under age and the father has a right to her services, though she does not live in his family, this action may be maintained. 8 Serg. & Rawle, 36.

For the seduction of an adopted daughter, this action may be maintained, and vindictive damages given. 11 East, 23.

So for seducing away a mere menial servant and debauching her. Peake's N. P. 55.

In this action it is not necessary to show, that the defendant knew she was plaintiff's servant, as it is usually in cases of enticing away servants, apprentices, &c. Ibid.

The father cannot maintain this action, if he knowingly suffers his daughter to receive the visits of a married man familiarly. Peake's N. P. C. 240.

If the seduction took place in the father's house, it is better to bring Trespass quare clausum fregit in one count, and allege the seduction as an aggravation of damages. See under the head of quare clausum fregit, post.

And the action lies without doubt for the seduction of any inmate of a man's family who is not a mere boarder.

For crim, con. with plaintiff's wife. See Case, p. 457; see also under quare clausum fregit.

For that the said D, heretofore, viz, on &c., at &c., with force and arms, assaulted and ill treated E G, then and there being the wife of the plaintiff, and then and there de

bauched and carnally knew her, whereby the plaintiff for a long space of time, viz. from thence hitherto, hath been wholly deprived of the comfort, fellowship and assistance of his said wife, which during all the said time he otherwise would have had, &c.

NOTE. This action is transitory. To maintain it, a marriage must be proved. 1 Doug. 171; 4 Bur. 2057. If the husband and wife have agreed to live separately, no action can be maintained. 5 T. R. 357. But, where a deed, between husband and wife, contained a proviso, that, on the happening of a certain event, the wife should be allowed to live separate, if the trustees consented; and the wife separated without such consent, and afterwards committed adultery, it was held, the husband might sue the adulterer. 6 East's R. 644; 2 Smith, 356. Negligence in the husband, or loose and improper conduct, and even adultery in him, furnishes no defence in this action; but they go in mitigation of damages. 4 T. R. 657; 4 Esp. R. 237. But if the adultery takes place with his express or implied consent, no action can be maintained. Ibid.

For an assault and battery of plaintiff's wife, whereby she miscarried.

For that the said D, on &c. at &c., with force and arms, assaulted one A B, then and still being the wife of the plaintiff, and who was then and there pregnant with child, and then and there beat, bruised, wounded, and ill treated the said A B, and then and there pulled a chair, whereon the said A B was sitting, from under the said A B, with so much violence, that the said A B then and there fell up-. on the ground, and thereby was greatly terrified and hurt ;; by means whereof the said A B afterwards, and before the natural time of delivery, to wit, on &c., at &c., was taken in labor, and was delivered of a dead child; and afterwards. continued sick and disordered a long space of time, viz. six weeks, then next following; whereby the plaintiff, during all the time last mentioned, was deprived of the fellowship and assistance of his wife, and afterwards, viz. on &c., at &c., was obliged to expend, and did expend, a large sum of money, viz. $-, in the necessary care and nursing of his said wife, &c. &c.

For an assault and battery, and false imprisonment, and selling plaintiff as a slave in a foreign port.

For that the said D, on &c., at &c., in parts beyond seas,. to wit, at S aforesaid (the proper venue,) with force and. arms, assaulted the plaintiff, then being on board the ship A,. lying in the said port, and then and there beat, bruised,. wounded and ill treated him, and then and there tied the plaintiff to a certain cannon, and kept him so tied for a long.

space of time, viz. ten hours, and then and there by force and against the will of the plaintiff, took and carried him from on board the said ship, on shore in the said port, and then and there sold and disposed of the plaintiff, as a slave, and then and there left the plaintiff in a state of slavery and bondage; whereby the plaintiff was kept and continued in servitude and slavery in the said port, viz. at &c. aforesaid, a long space of time, viz. years, and during all that time, was obliged to endure, and did endure great privations and inhuman and barbarous punishments, and was nearly starved for want of necessary food; and was put to great expense, and did expend a large sum of money, viz. the sum of $—, in liberating himself from said slavery and bondage, and in procuring a passage home, from the said port of &c. to &c., within this commonwealth, &c.

Parts of declarations in Trespass, for various batteries and injuries, which may be introduced according to circum

stances.

For breaking plaintiff's arm.

—and then and there struck the plaintiff divers violent and grievous blows on the right arm of plaintiff, so that the same was thereby broken; whereby the plaintiff was wholly deprived of the use of his said arm for a long space of time, riz. two months, and was obliged to expend, and did expend a large sum of money, viz. $- in the cure of the same, and by reason thereof has suffered great pain and anxiety.

For keeping plaintiff confined in prison, in consequence of which he had fils.

and then and there imprisoned the plaintiff, and kept and detained him in prison there, without any reasonable cause, for a long time, viz. six weeks, against the will of the plaintiff; whereby the plaintiff, during all that time, became afflicted with divers epileptic fits and other convulsions, fits and diseases, of mind and body, and was then and there obliged to expend, &c.

For shooting the plaintiff, &c.

and with a certain pistol, charged and loaded with gunpowder, and leaden bullets, which the said D then and there held in his hand, and aimed and directed towards and at the plaintiff, the said D then and there, shot at, hit, and wounded the plaintiff in his right shoulder, in so grievous a

manner, that the plaintiff then and there lost great quantities of blood, and his life was endangered and despaired of; by reason whereof the said plaintiff wholly lost the use of his right arm for a long space of time, &c.

2. Trespass quare clausum fregit.

For breaking and entering plaintiff's close.

For that the said T, on &c., and on other days and times between that day and the day of the purchase of this writ, with force and arms, broke and entered the plaintiff's close, situate in &c. (describe it particularly to avoid a new assignment,) and then and there forced and broke open, damaged, and spoiled a gate of the plaintiff, of great value, viz. of the value of $, then standing in the said close, and the locks, staples, and hinges of the said plaintiff, of great value, viz. of the value of $-, affixed to the said gate, and with which the same was locked and fastened; and with feet in walking, trod down, trampled upon, and spoiled the grass and corn of the plaintiff, of great value, viz. of the value of $-, there then growing; and with cattle, viz. horses, cows, oxen and sheep, ate up and depastured the grass and corn of the plaintiff of great value, viz. of $—, then growing and being in the said close; and with divers other horses, cattle, and sheep, and also with the wheels of divers carts, wagons, and other carriages, crushed, damaged, and spoiled, other the grass and corn of the plaintiff, of great value, viz. of the value of $-, there then also growing and being, and with the feet of the said horses &c. and with the wheels of the said carts &c., tore up, damaged, and spoiled the earth and soil of the said close; and also then and there mowed and cut down the grass and corn of the plaintiff then growing in the said close, and then and there took and carried away the hay and corn, to wit, cart loads of hay and cart loads of corn of the plaintiff, of great value, to wit, of the value of $-, off and from the said close, and converted and disposed thereof to his own use; and also then and there cut down and destroyed the trees and underwood, to wit, (state the particulars) and other trees, and

acres of underwood of the plaintiff, of great value, viz. of the value of $-, and the timber, wood, branches, and bushes thereof, coming and arising, to wit, loads of timber, -cords of wood, &c. of the plaintiff, of great value, viz. of the value of $, took and carried away, and