FOR VERBAL ter, say, SLANDER. For criminal conversation, vi et armis (r). [⚫314] The like in form in case. [315] of and concerning such matter, ante, 306. n. u. 307. 312,2 Suund. 307. a. n. 1.]-these other false, scandalous, malicious, and defamatory words following, that is to say, he (9) (meaning the said A. B.) is perjured. By means, &c.-[Here state the damage, as ante, 310. observing the notes thereto, and conclude as ante, 287.] [Commencement as ante, page 287, omitting the words, “ of a plea of trespass on the case," &c.]-For that the said C. D. on, &c. and on divers other days and times between that day and the day of exhibiting this bill, with force and arms, &c. assaulted and ill-treated E. F. then and still being the wife of the said A. B. to wit, at, &c. and then and there debauched, and carnally knew her, whereby he the said A. B. for a long space of time, to wit, from the day and year first abovementioned hitherto, hath wholly lost and been deprived of the comfort, fellowship, aid, and assistance of his said wife, in his domestic affairs, which he the said A. B. during all that time, ought to have had, and otherwise might and would have had, to wit, at, &c. aforesaid. And other wrongs to the said A. B. then and there did, against the peace of our said lord the king, and to the damage of the said A. B. of L., and therefore he brings his suit, &c. [Commencement as ante, page 287.]-For that whereas the said C. D. contriving, and wrongfully, wickedly, and unjustly intending to injure the said A. B. and to deprive him of the comfort, fellowship, (9) Ante 312. note k. (r) See the points relating to this action in Selwyn's Ni. Pri. 9 to 19. Bul. Ni. Pri. 26. Bac. Ab. tit. Marriage, E. 2. 3 Bla. Com. 139. may change venue, see 10 East. 32. I have not met with any precedent in which the declaration for Crim. Con. was framed in case; the injury has always been described, as committed with force, the law supposing force and constraint, the wife having no power to consent. S Bla. Com. 139. 7. Mod. 79. Bac. Ab. tit. Marriage, E. 2. and in 2 New. Rep. 482. the action was considered as properly in trespass. The action, however, is in effect in case, 6 East. 387. 251. because, first, the wrong complained of is not immediate, but consequential, the gist of the action not being the sup posed assault on the wife, but the consequent corruption of the body and mind of the wife. 6 East 389.-2dly, That the plaintiff may declare with a quod cum, which is improper in trespass. 2 Salk. 636. 1 Strange. 621.—3dly, That the injury may be stated to have been committed "on divers days and times, &c." which is improper in trespass for an assault. 6 East. 391. 395.4thly, That the plea of the statute of limitations is not guilty within six years. 2 Burr. 753. 6 East. 387. and not as in trespass for an assault within four years. 2 Salk. 420.—And lastly, that the plaintiff is entitled to full costs, though he should not recover 40s. damages. 3 Wils. 319. 1 Salk. 206. 2 Ld. Raym. 831.-When it may be doubtful whether the criminal conversation can be prov. ed, and the defendant have been guilty of enticing away, or harbouring, the wife, it may be advisable to add counts for such injuries, and which may be framed as in the precedent in Willes. 578, 9, 580; and it may be advisable in that case to frame the count as in the next precedent. CONVERSATION, society, aid, and assistance of E F. the wife of him the said A. B. and FOR CRIMINAL to alienate and destroy her affection for him the said A. B., heretofore, to wit, on, &c. and on divers other days and times, between that day and the day of exhibiting this bill at, &c., wrongfully (8), wickedly, and unjustly debauched, and carnally knew the said E. F. then and there, and still being the wife (t) of him the said A. B. and thereby the affection of the said E. F. for him the said A. B. was then and there alienated and destroyed, and also, by means of the premises, he the said A. B. hath thence hitherto wholly lost and been deprived of the comfort, fellowship, society, aid, and assistance of the said E. F. his said wife, in his domestic affairs, which he the said A. B. during all that time ought to have had, and otherwise might and would have had, to wit, at, &c. aforesaid. and servant [316] [Commencement as ante, page 238.]-For that whereas the said C. For debauchD. contriving, and wrongfully, and unjustly *intending to injure the ing a daughter said A. B. and to deprive him of the service and assistance of E. F. (u). the daughter and servant of him the said A. B. heretofore, to wit, on, &c. and on divers other days and times between that day and the day of exhibiting this bill, at, &c. debauched and carnally knew the said E. F. then and there, and from thence, for a long space of time, to wit, hitherto, being the daughter and servant (x) of the said A. B. whereby (s) In an action for debauching a wife or servant, it is not necessary to allege, or prove, that the defendant knew that the female was the wife or servant of the plaintiff, though in an action for seducing away or harbouring a wife, or servant, such allegation and evidence are necessary. Peake, C. N. P. 55. Peake. Law. Evid. 334. Willes. 577. (t) In an action for crim. con. the plaintiff must prove an actual marriage. 4 Burr. 2057. Peake. Law. Ev. 330. Selwyn's Ni. Pri. 14. 16; but in an action of trespass by husband and wife, for the battery of the wife, it is sufficient to prove reputation of marriage. Stra. 480. (u) As to actions by a parent or master, in that character, see Bac Ab. tit. Master and Servant, O. Peake's Law of Evid. 333. 2 New. Rep. 476. This action lies for debauching an adopted daughter. 11 East. 23. Evidence of mental pain is admissable. 3 Esp. R. 119. For the battery of a servant it is clear, that trespass vi et armis is pro- (x) It is not necessary to allege or FOR DEBAUCH- the said E. F. became pregnant and sick with child, and so remained, ING DAUGH- and continued for a long space of time, to wit, for the space of nine TERS. [317] By a master for enticing away his servant or ap months then next following, at the expiration whereof, to wit, on, &c. at, &c. aforesaid, she the said E. F. was delivered of the child with which she was so pregnant as aforesaid, to wit, at, &c. aforesaid, by means of which said several premises, she the said E. F. for a long space of time, to wit, from the day and year first above-mentioned hitherto, became, and was unable to do or perform the necessary affairs and business of the said A. B. so being her father and master aforesaid, and thereby he the said A. B. during all that time, lost and was deprived of the service of his said daughter and servant, to wit, at, &c. aforesaid. And also, by means of the said several premises, he the said A. B. was forced and obliged to, and did necessarily pay, lay out, and expend divers sums of money, in the whole amounting to a large sum of money, to wit, the sum of L., in and about the nursing and taking care of the said E. F. his said daughter and servant, and in and about the delivery of the said child, to wit, at, &c. aforesaid. To the damage, &c. [Conclusion as ante, 287.] [If the female were not the daughter of the plaintiff, omit the words "Daughter" and "Father" throughout; or *in cases where the legitimacy may be questionable, a count omitting those words which are not necessary, see ante, 31. note u; Peake, C. N. P. 55. should be added.] [Commencement as ante, 287.]—For that whereas before and at the time of the committing of the several grievances by the said C. D. as hereinafter mentioned, one E. F. was, and from thence hitherto hath prentice (y). been, and still is, the servant (or "apprentice") of the said A. B. in his trade or business of a which he, the said A. B. then exercised and carried on, and still doth exercise and carry on, to wit, at, &c. Yet the said C. D. well knowing the premises, but contriving, and wrongfully, and unjustly intending to injure, prejudice, and ag prove that the defendant knew that the (y) As to this action in general, see apprenticeship, or contract of hiring, are stated at length; but this appears unnecessary and injudicious, see the precedents, 2 Saund. 169. 8 Wentw. Ind. 31. It is necessary to allege and prove, that the defendant knew that the third person was the apprentice, or servant, of the plaintiff, Peake. C. N. P. 55. Peake. L. E. 334. 3 Bla. C. 142. Willes. 582; but it is not necessary to state what means of enticement the defendant adopted, Willes. 577. The damage per quod servitium amisit must be alleged and proved. 5 East. 39. Burr 1352. 3 Bla. Com. 142. ENTICING AWAY APPREN TICES. [* 318 ] grieve the said A. B. in his aforesaid trade and business, and to deprive him of the service of the said E. F. as such servant (or "apprentice") as aforesaid, and of the profits, benefits, and advantages, which might and would otherwise have arisen and accrued to him from such service whilst the sa E. F. was such servant (or "apprentice") of the said A. B. as aforesaid, to wit, on, &c. at, &c. aforesaid, unlawfully, wrongfully, and unjustly enticed, persuaded, and procured the said E. F. so then being the servant (or "apprentice") of the said A. B. as aforesaid, to depart from and out of the service of him the said A. B. by means of which said enticement, persuasion, and procurement, *and on no other account whatsoever, the said E. F. so being such servant (or "apprentice") as aforesaid, then and there, to wit, on, &c. aforesaid, at, &c. aforesaid, unlawfully, wrongfully, and unjustly, and without the licence or consent, and against the will of the said A. B. departed from and out of the service of him, the said A. B. and hath remained and continued absent from such service for a long space of time, to wit, from thence hitherto, whereby the said A. B. hath, for and during all that time, lost, and been deprived of the service of the said E. F. in his aforesaid trade and business, and of all the profits, benefits, and advantages which might, and would otherwise, have arisen and accrued to him from such service, and hath been, and is, otherwise greatly injured in his aforesaid trade and business of a, to wit, at, &c. aforesaid.-And whereas also, the Second count for harboursaid E. F. heretofore, to wit, on, &c. aforesaid, at, &c. aforesaid, then and still being the servant (or "apprentice”) of the said A. B. unlawfully, wrongfully, and unjustly, without the licence or consent, and against the will of the said A. B. departed and went away from and out of the service of the said A. B. to wit, at, &c. aforesaid, and afterwards, to wit, on, &c. aforesaid, there went and came to the said C. D. Yet the said C. D. well knowing the said E. F. to be the servant (or "apprentice") of the said A. B. but contriving, and wrongfully, and unjustly intending to injure the said A. B. and to deprive him of the service of the said E. F. his said servant (or "apprentice,") and of all the profits, benefits, and advantages which might, and would otherwise have arisen and accrued to him from such service, then and there, to wit, on, &c. aforesaid, at, &c. aforesaid, unlawfully, wrongfully, and unjustly received (a) the said E. F. so then being the serv- (a) Add a ant (or "apprentice") of the said A. B. as aforesaid, into the service third count, of him the said C. D. and harboured, detained, and kept the said E. F. allegation, omitting this in his said service for a long space of time, to wit, from the day and and only state year last aforesaid hitherto, whereby the said A. B. for and during tice and re*all that time, lost, and was deprived of the service of the said E. F. quest not to and of all the profits, benefits, and advantages which might and would ant harboured, do so, defend[$19] ing (2). that after no &c. (2) As to this count, see 6 T. R. 221. ENTICING AWAY APPREN TICES. otherwise have arisen and accrued to him from such service, to wit, at, &c. aforesaid-[Add third count as suggested in the note: conclude as ante, 287.] Against a carrier for losing a box (b). [320] II. FOR TORTS TO PERSONAL PROPERTY. Declarations of this nature are principally against attornies, or other agents, or bailees-for deceit on the sale of goods, &c. for negligence in driving carriages, or navigating ships-for excessive or irregular distresses-for rescue of goods distrained for rent or damage feasant, or of prisoners-against sheriffs and other officers for escapes, false returns, &c. for unduly exercising trades or imitating inventions-in trover-or for injuries to personal property in reversion. It is most usual to declare in assumpsit against attornies and agents, (a) see the printed forms in case, 8 Went. Ind. 29. 39. 47-2 Wils. 3254 Burr. 2061-3 Wils. 443-2 Bla. Rep. 906—1 T. R. 656—1 T. R. 101; but against bailees of different descriptions it is sometimes advisable to declare in case as in the following precedents. The precedents in assumpsit against bailees of different descriptions, ante, 142 to 163, may easily be varied into case, observing the form of the following precedents:See a precedent in case for the loss of a dog, and in trover, i T. R. 274; for negligence in shipping a hogshead, 3 East. 62 ; and for not accounting for the produce of a bill of exchange, 6 East. 333; 1 New. Rep. 43. These declarations must shew a legal duty, or an express contract, founded on sufficient consideration, 12 East. 89. [Commencement as ante 287.]-For that whereas the said C. D. before and at the time of the delivery of the goods and chattels to him, as hereinafter next mentioned, *was, and thence hitherto hath been, and still is, a common carrier of goods and chattels for hire, from (a) See the form, ante, 134-5. 142, to declare setting out the custom of &c. the realm, 1 Sid. 245. Com. Dig. Action, Case Negligence, C. 2. But this custom being the common law, need not be stated, Hob. 18. 1 Wils. 281. Bac. Ab. Carriers, A. and see the precedent, 3 Wils 429. The declaration must shew a duty or a contract, 12 East. 89. (b) See the precedent in Assumpsit, and the notes ante, 155. Bac. Ab. tit. Carriers. 8 Went. Ind. 43. 47, 48. And when it might be advisable to declare in case, instead of assumpsit, supra and ante, 155. note h. 3 East. 62.70. 12 East. 89. 94. 454. 2 New. Rep. 365. 454, Formerly it was usual |