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D. and for the said C. D. and at his like special, &c. he the said C.
D. undertook," &c. (Conclusion as ante, 36.)

3. RESPECT.

ING PERSON

AL SERVICES

another attor

ney.

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The indebitatus count is as ante, 35, inserting these words, "for the 68. By an work and labour, câre and diligence of the said A. B. by him the said agent against A. B. before that time done, performed, and bestowed for the said C. D. as the agent of the said C. D. and upon his retainer, and at his special, *&c. in and about the prosecuting and defending of divers suits in law and equity, for the said C. D. and for fees due, and of right payable to the said A. B. in that respect, and in and about the drawing and engrossing of divers deeds and writings for the said C. D. and at his like, &c. and also for other work and labour, care, diligence, and attendance of the said A. B. by him before that time done, performed, "and bestowed for the said C. D. and at his request, and also for divers journeys and attendances by the said A. B. before that time taken, made, and performed for the said C. D. and at his like, &c. and being so indebted," &c..(Conclusion as ante, 35.)[Add a quantum meruit adapted to the first count-one count for work and labour generally-and the money counts.]

[67]

69. As a sheriff's officer,

· The indebitatus count is as ante, 35, inserting these words, “for certain fees, perquisites, and sums of money, before that time due and bailiff, &c. owing, and of right payable from the said C. D. to the said A. B. as a bailiff to the sheriff of the county of, upon and for the execution of divers writs, precepts, and processes, for the said C. D. at his special instance and request; and also upon and for the work and labour, trouble, care, diligence, journeys, and attendance of the said A. B. as such bailiff as aforesaid, by him before that time done, performed, and bestowed, in and about the executing and serving of the said writs, precepts, and processes, and in and about the conducting, guarding, and keeping of divers persons arrested by him the said A. B. for the said C. D. under and by virtue of the said writs, precepts, and processes, at the like special instance and request of the said C. D. And being so indebted," &c. (Conclusion as ante, 35.)[Add two counts for work and labour generally-money paid-had and received-account stated and breach.] *

The indebitatus count is as ante, 35, inserting these words," for cer- 70. Do. in another form. tain fees and rewards before that time and then due and payable from the said C. D. to the said A. B. as a sheriff's officer, 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 such officer in and about the making of divers captions, and executing certain 'writs and process for the safd C. D. and at his special instance and request, and being so indebted," &c. (Conclusion as ante, 35.)Quantum meruit thereon as ante, 36, inserting as follows, "had be- Quantum fore that time done, performed, and bestowed other his work and la- on.

meruit there.

AL SERVICES.

3. RESPECT bour, tare, *diligence, and attendance as a sheriff's officer, in and ING PERSON about the making of divers other captions, and executing certain other writs and process for the said C. D. he the said C. D. undertook," &c. (Conclusion as ante, 36.). ·

[* 68 ]

72. As stew

for fees on ad

mission to a copyhold (h).

For that whereas one E: F. now is, and for a long time now elapsed, ard of a manor hath been lord of the manor of ——, in the county of, and the said A. B. now is and during all the time aforesaid, hath been his steward of the courts of the said manor, to wit, at — , in the said county. And whereas the said C. D. whilst the said E. F. was lord of the said manor, to wit, on the, &c. at, &c. aforesaid, was indebted to the said A. B. as steward of the courts of the said manor, in the sum of L.for his fees due and of right payable to him as steward of the courts of the said manor, for and on the admission of G. the wife of the said C. D. to certain copyhold tenements of the said manor, held of the lord of the said manor as of his manor by copy of the court-rolls of the said manor, according to the custom of the same manor before then thereto duly admitted, and for the engrossing and entering the said admission on the court-rolls of the said manor, and for the copies thereof before then made for and delivered to the said C. D. and G.his wife by the said A. B. at the special instance and request of the said C. D. and for stamps and parchments in that behalf before then found, provided, and used by the said A. B. at the like special instance and request of the said C. D. and being so indebted, &c." (Conclusion as ante, 35.)

73: For journeys and attendances as a witness (i).

[69]

The indebitatus count is as ante, 35, inserting these words, "for the work and labour, journeys. and attendance of the said A. B. by him the said A. B. before that time done, performed, bestowed, made, and given as a witness for and on the behalf of the said C. D. in and about the attending to give his the said A. B's. evidence upon the trial of a certain action before the depending in the court of our said lord the king before the king himself, and wherein the said C. D. was plaintiff, and one E. F. was defendant, 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, labour, and attendance, and made divers other journeys, and given other his attendance as a witness upon the trial of a certain other cause wherein the said C. D. was plaintiff, and the said E. F. defendant, he the said C. D. undertook, &c. (Conclusion as ante, 36.).

(h) See Morgan's Precedents, 577,

(i) See 13 East. 15. 1 - Taunt. 10,

Thirdly,For Services in general.

3. RESPECT

ING PERSON

AL SERVICES.

The indebitatus count is as ante, 35, inserting these words, " for the 74. For work work and labour, care and diligence, of the said A. B. by him the said and labour and materials (). A. B. before that time done, performed, and bestowed, in and about the business of the said C. D. and for the said C. D. and at his special, &c. And also for divers materials and other necessary things by the said A. B. before that time found and provided, and used and applied, in and about that work and labour 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 done, performed, and bestowed other his work and labour, care and diligence, in and about other the business of and for the said C, D. and had also at the like, &c. before that time found and provided divers other materials and necessary things, and used and applied the same in and about the said last-mentioned work and labour, he the said C. D, undertook," &c. (Conclusion as ante, 36.)-[Add two counts for goods sold-money paid-and the account stated—and breach. If the demand be for work only, omit those parts which relate to the materials.]

[70].

The indebitatus count is as ante, 35, inserting these words, "for the 75. For work work and labour, care and diligence of the said A. B. before that time his servants, by plaintiff and done, performed, and bestowed by him the said A. B. and his servants, with horses and with his horses, carts, and carriages, [or, "with his lighters and other vessels,"] in and about the business of the said C. D. and for the said C. D. and at his special, &c., and being so indebted," &c. (Conclusion as ante, 35.)

N. B. If it be for the carriage of goods, instead of the words between the brackets, say, ["in and about the carrying and conveying of divers goods and chattels, wares and merchandize, and delivering the same for the said C. D. and at his special," &c. or the count may be as in the next indebitatus count.]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, by him

and carriages, or with lighters, &c.

(k) When the work has been com- cial, 2 East. 145; if done at the request pletely performed for the defendant, of the defendant for a third person, though under a special agreement, if. omit the statement of the business, &c. the contract was not under seal, this being "of the defendant," and if the count is sufficient, Fitzg. 302.1 Wils. defendant's liability be merely collate117; but if not perforined in conseral on a written contract declare spe quence of the defendant's breach of cially, 1 Saund. 211. b. contract, the declaration should be spe.

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ING PERSONAL SERVICES.

3. RESPECT- self and his servants, and with his horses, carts, and carriages, [or, "with his lighters and other vessels,"] in and about the business of the said C. D. and for the said C. D. he the said C. D. undertook," &c. (Conclusion as ante, 36.)[Add one indebitatus assumpsit count for work and labour generally-and the account stated-and breach.]

76. For the carriage of

The indebitatus count is as ante, 35, inserting these words, " for the goods by land. Carriage and conveyance of divers goods, wares, and merchandize, by the said A. B. before that time carried and conveyed in certain carts and other carriages for the said C, D. and at his special, &c. and being so indebted," &c. (1), (Conclusion as ante, 35)The quantum meruit thereon is as ante, 36, inserting as follows, "had *before that time carried and conveyed divers other goods, &c. in certain other carts and carriages, for the said C. D. he the said C. D. undertook," (Conclusion as ante, 36.)

[71]

77. For work, journeys, and attendance.

78. For work as an agent generally, and

sion (m).

The indebitatus count is as ante, 35, inserting these words, " for the work and labour, care and diligence, of the said A. B. by him the said A. B. done, performed, and bestowed, in and about the business of the said C. D. and for the said C. D. and at his special, &c. and for divers journeys and attendances by the said A, B. before that time made, performed, and given, in and about the said work and labour 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 done, performed, and bestowed other his work and labour, care and diligence, in and about other the business of the said C. D. and for the said C. D. and had also at the like, &c. before that time made, performed, and given divers other journeys and attendances in and about the said last-mentioned work and labour for the said C. D. he the said C. D. undertook," &c. (Conclusion as ante, 36)-[Add count for money paid-account stated-and breach.J

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 agent of and for the said C. D. and on his retainer, and for certain commission and reward 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

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ING PERSON

agent of and for the said C. D. he the said C. D. undertook, &c. (Con- 3. RESPECT-. clusion as ante, 36.) [Add one count *for work and labour generally- AL SERVICES. account stated-and breach.]

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agent in sell

The indebitatus count is as ante, 35, inserting these words, " for the 79. For work work and labour, care and diligence, of the said A. B. by him the said as a factor or A. B. before that time done, performed, and bestowed, as the factor and ing goods. agent of the said C. D. in and about the selling and disposing of divers goods, wares, and merchandize of 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, &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 done, performed, and bestowed other his work and labour, care and diligence, as the factor and agent of the said C. D. in and about the selling and disposing of divers other goods, wares, and merchandize and in and about other the business of the said C. D. and for the said C. D. he the said C. D. undertook," &c. (Conclusion as ante, 36.)—[Add one count for work and labour generally—the account stated and breach.]

[⚫73]

The indebitatus count is as ante, 35, inserting these words," for the 80.—As an work and labour, care and diligence, of the said A. B. by him before that insurance broker (n). time done, performed, snd bestowed, in and about the writing, drawing, and making out of divers policies of insurance of divers ships and vessels, goods, wares, and merchandize, before that time written, drawn, and made out by the said A. B. as an insurance-broker, and in and about the causing, and procuring divers persons to insure divers sums of money upon the said ships and vessels, goods, wares, and merchandize, at the special, &c. and for divers' sums of money before that time advanced and paid by the said A. B. for the said C. D, at his like, &c. to divers persons as and for certain premiums and rewards, for the underwriting and subscribing the said policies of insurance, before that time underwritten and subscribed for the insurance of the said ships and. vessels, goods, wares, and merchandize, during certain voyages undertaken by the said ships and vessels, and for the trouble, care, and diligence of the said A. B. in that behalf, at the like special, &c. And being so indebted," &c. (Conclusion as ante, 35.) The quantum meruit thereon is as ante, 36, inserting as follows, “in consideration that the said A. B. as such insurance-broker as aforesaid, at the like, &c. had before that time done, performed, and bestowed other his work and labour, care and diligence, in' and 'about the writing, drawing, and making out of divers other policies of insurance of divers other ships.

1

(n) As to these counts, see 1 H. B. 241. This count is proper where the plaintiff in the character of broker has got a policy effected by third persons

for the defendant. When the action is
at the suit of the underwriter for the
premiums, the counts are as the next
precedent.

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