thereout, on account of the materials of the old party wall aforefaid, and alfo on account of fuch other expences as aforefaid, and did then and thereby demand payment thereof, according to the faid act of parliament in that behalf; yet he the faid Andrew, not regarding the faid act of parliament, nor his faid promise and undertaking fo by him made in manner and form aforefaid, but contriving and fraudulently intending craftily and fubtilly to deceive and defraud the faid Jonathan in this behalf, did not, nor would, within twenty-one days next after fuch demand was made as aforefaid, or at any time afterwards, (although often requested,) reimburfe or pay to him the said Jonathan the faid fum of two hundred and fifty pounds, or any part thereof, but hath hitherto wholly re2d Count more fufed and neglected fo to do. And whereas the faid A. afterwards, general. to wit, on, &c. aforefaid, at, &c. aforefaid, was indebted to the faid J. in two hundred and fifty pounds of like lawful money of Great Britain, for part of the expence of building a certain party wall before then built by and at the expence of the faid Jonathan, agreeably to the directions of the faid act of parliament, between certain buildings of him the faid Jonathan, fituate and being at, &c. aforesaid, and certain other buildings there adjoining thereto, and which faid laft-mentioned party wall had before then been made ufe of by the faid A. who before, and at the time of building and finishing the fame, was the owner of and perfon entitled to the improved rent of fuch adjoining buildings, and alfo for part of certain other expences which were neceffary for the pulling down of a certain old party wall between the faid feveral buildings before then pulled down by and at the expence of him the faid Jonathan, agreeably to the directions of the faid act of parliament; and being fo indebted, he the faid A. in confideration thereof, afterwards, to wit, on, &c. aforefaid, at, &c. aforefaid, undertook, and then and there faithfully promifed the faid Jonathan, to pay him the faid laft-mentioned fum of money, when he the faid Andrew should be thereto afterwards requested, &c. [See conclufions, &c. to Declarations.] Beneral indebi BY AND AGAINST PARTICULAR PER- (b) FOR the carriage of divers goods, wares, and merchandizes Jatus affumpfit by the faid A. B. before that time carried and conveyed in certain for carriage of goods by land. Waggons, carts, and other carriages of the faid A. B. from, &c, Quantum meruit. to, &c. for the faid C. D. at his fpecial inftance and requeft; and being fo indebted, &c. And whereas, in confideration that the faid A. B. at the fpecia inftance and requeft o the faid C. D. (a) See Attornies, Executors and Adminiftrators, Bankrupts, and their af fignees, Corporations, &c. Baion and Feme, &c. &c. (b) See beginnings and conclufieng to Declarations, &c. for all these Counts. had had before that time carried and conveyed divers other goods, &c. FOR the demorage of a certain veffel called a lighter of the For demorage of faid A. B. by him the faid defendant retained and uled with di- a lighter. vers goods and merchandizes on board of the faid lighter, on demorage for a long time, to wit, for the fpace of forty days then next following. to make amends con FOR that whereas the faid defendant at the time of making the Special Count promise and undertaking of the said defendant, hereafter next men- for the use of a tioned, was poffeffed of divers large quantities of timber, wood, way to pay fo and bark, then lying in the parish of D. in the county aforefaid; much, &c. and and fo being thereof poffeffed, on the first of October, A. D. 1755, for damages. at the parish aforefaid, in confideration that the faid plaintiff, at See Special Afthe fpecial inftance and requeft of the said defendant, would per- fumpfit, mit the faid defendant by himself and several other perfons, with cerning fale, ufe, cattle and carriages, to carry and convey the faid timber, wood, &c. of lands. and bark from the faid places where the fame fo then were, unto, through, over, and along certain clofes and parcels of land of the faid plaintiff, lying and being in the faid parish and county, unto a certain river, called A. otherwise B. river, otherwise the fide of B. river, in the faid county, he the faid defendant undertook, and then and there faithfully promised the faid plaintiff, not only to pay him to much money as he the faid plaintiff fhould therefore reafonably deserve to have, but also to render him full fatisfaction and amends for all fuch damage as fhould be thereby done to the faid plaintiff in his faid clofes and parcels of land. [Averment that plaintiff confiding, &c. did permit, and that the defendant did accordingly fetch, &c. and that the plaintiff reasonably deserved to have other forty pounds, and that in the said carriage, &c. there was damage done to the plaintiff in his clofes and parcels of lands to the value of forty fhillings, to wit, at the parish aforefaid, whereof the faid defendant had notice. Affign a breach for neither paying the forty fhillings, nor rendering full nor any other fatisfaction or amends for the faid damages.] Second Count as the firft, only for the damages, Third Count like the firft, only for the quantum meruit, Fourth Count indebted in forty pounds General indebi for the use and occupation of a certain way or paffage for divers tatus affumpfit cattle, waggons, and other carriages loaded with timber, wood, for the use of a and bark, in, through, over, and along certain clofes of the faid way. plaintiff, lying and being in the parish of, &c. before then had, ufed, occupied, poffeffed, and enjoyed by the faid defendant, and at his requeft, by the permiffion of the faid plaintiff, for a long time, to wit, for the space of one hundred days then elapfed; and being fo indebted, &c. And whereas, in confideration that the Quantum meruit, faid plaintiff, at the like special inftance, &c. of the faid defen dant, For tonnage. dant, had before that time permitted the faid defendant, by himfelf and his fervants, and other perfons, and with cattle, waggons, and other carriages, to fetch, draw, take, and carry away divers large quantities of timber, wood, and bark, through, over, and along certain other clofes and parcels of land of the faid plaintiff, lying and being in the parish of, &c. aforefaid, and that the faid defendant had accordingly, by the faid permiffion of the said plaintiff, by himself the faid defendant, and by his fervants, and divers other perfons, and with cattle, waggons, and other carriages, fetched, drawed, carried, took, and carried away the faid timber, wood, and bark, through, over, and along the faid laft mentioned clofes and parcels of land of the faid plaintiff, he the said defendant undertook, &c. to pay him fo much as, &c. and the said plaintiff avers that, &c. [See beginnings and endings of Declarations.] FOR the tonnage of divers goods, wares, and merchandizes of the faid defendant, by him the faid defendant before that time navigated, carried, and conveyed upon divers parts of a certain navigable cut or canal, navigable and paffable from the river Trent to the river Merfey, in certain boats, barges, and other veffels, for the faid defendant, and at his fpecial inftance and request; and axum merit. being fo indebted, &c. And whereas, in confideration that the faid plaintiff had before that time, at the like fpecial inftance and request of him the faid defendant, navigated, carried, and conveyed divers other goods, wares, and merchandizes of him the faid defendant, upon divers parts of the faid cut or canal, in certain other boats, &c. for him the faid defendant, he the faid defendant undertook, &c. to pay him the faid plaintiff fo much money as he reasonably deferved to have for the tonnage thereof, when he the faid defendant fhould be thereto afterwards requested; and the faid plaintiff avers that he, &c. [See beginnings of and conclufions to Declarations.] For a crop of t FOR a certain crop of sheep cabbage of the faid plaintiff, beheep-cabbage. fore that time growing and being in a certain clofe of the faid plaintiff, and fold by him the faid plaint ff to the faid defendant, and by him the faid defendant, according to that fale, gathered, taken, had, and received, and at his fpecial inftance and request; and being to indebted, &c. [See beginnings and conclufions, &c.] Quantum meruit. And whereas, in confideration that the faid plaintiff, at the like fpecial inftance, &c. of the faid defendant, had before that time fold to the faid defendant a certain other crop of fheep-cabbage of the faid plaintiff, then growing and being in a certain other clofe of him the faid plaintiff, and that the faid defendant had, according to that fale, gathered, took, had, and received the fame, he the faid defendant undertook, &c. to pay him fo much, as, &c.; and the faid plaintiff avers that, &c. Add indebitatus affumpfit and quantum meruit for the agiftment of cattle, and indebitatus affumpfit and quantum meruit for the ufe, and occupation of ten acres of land, fown with fheep-cabbage, and indebitatus affumpfit and quantum meruit for goods fold and delivered. [For thefe Counts fee Morgan's Va. Me. Impey's Mod. Pl. and Richardfon's Practice in B. R. and C. B.] rial. FOR that whereas the faid plaintiff, on, &c. and for a long For the fees of á time, to wit, for the space of three years then clapfed, was, and fexton for búfrom thence hitherto hath been, and ftill is, fexton of the parish of, &c. and as fuch fexton of the said parish during all the time aforefaid was, and ftill is, entitled to have, take, and receive. all and fingular the fees due and of right payable to the fexton of the faid parish church on the burial and interment of the corpfe of évery perfon from time to time during the time aforefaid buried and interred in the faid parish church of, &c. and in the church yard of the faid parish, or in either of them: and whereas the faid defendant, whilst he the faid plaintiff fo was fexton of the faid parish as aforefaid, to wit, on, &c. aforefaid, at the parish aforefaid, was indebted to the faid plaintiff in the fum of forty fhillings for his fees before then due and of right payable to him the faid plaintiff, as fexton of the faid pari h, on the burial and interment of the corpfe of one A. B. before then, and during the time that the faid plaintiff was fo fexton of the faid parish, buried and interred in the church-yard of the faid parish; and being fo indebted, &c. Indebitatus affumpfit and quantum meruit for work and labour. [See Morgan's Va. Me.] fons at defend, FÖR divers cattle before then fold to the faid defendant, and by for cattle fold to virtue of that fale delivered to one A. G. at the special inftance defendant, and and requeft of the faid defendant, and for divers other cattle, &c. delivered to febefore then fold, &c. to the faid defendant, and by virtue of that veral other perfale delivered to one J. C. at the like fpecial inftance, &c. of the ant's requeft faid defendant, and for divers other, &c. &c. Quantum meruit accordingly; for which fee Morg. &c. and beginnings and endings under that head. FOR that whereas the faid defendatit, on, &c. at, &c. as hufband General indeli of a certain ship called the Ranger, was indebted to the faid plain- tatus affumpfit atiff in one hundred pounds of lawful, &c. for the work and labour, gainft the buf&c. of the faid plaintiff, by the faid plaintiff before that time done band of a flip for repairing the and performed by himfelf and his fervants, in and about the repair- fame. ing and fitting out the faid fhip, whereof the faid defendant fo was Hufband, at the fpecial instance, &c. of the faid defendant, and on his retainer, and for divers materials and other neceffary things ufed and applied in and about that work and labour, before then found and provided by the faid plaintiff, at the like special inftance, &c. of the faid defendant; and being fo indebted, &c. And whereas, Quantum meruit. in confideration that the faid plaintiff, at the like fpecial inftance, &c. For a paffage London. &c. of the faid defendant, as hufband of the faid fhip, and on his retainer, had before that time done and performed other his work and labour by himself and his fervants, in and about the repairing and fitting out of the faid ship, whereof the said defendant fo was husband, and had found and provided divers other materials and neceflary things ufed and applied in and about that work and labour, he the faid defendant undertook, &c. to pay him so much as, &c. ; and the faid plaintiff avers that, &c. FOR the carrying, transporting, and conveying of the said defrom Jamaica to fendant from parts beyond the feas, to wit, from Jamaica in the Weft Indies to London, in a certain fhip or veffel called the Wilkes and Liberty, whereof the faid plaintiff was then and there the mafter and commander, at the fpecial inftance and request, &c.; Quantum meruit, and being so indebted, &c. And whereas, in confideration that the faid plaintiff, at the like special inftance and request of the said defendant, had before that time carried, tranfported, and conveyed, &c. &c. he the faid defendant undertook, &c. &c. to pay him fo much money as, &c.; and the faid plaintiff avers that, &c. Third and fourth counts, for meat, drink, lodging, &c. Fifth and fixth counts, work and labour by himself and his fervants. Ninth and tenth counts, money laid out; account stated; and For thefe Counts fee Morgan's V. M. and beginnings and endings, &c. of Declarations, &c. in this work. vage, with Mr. Indebitatus afFOR that whereas, on eighth December, A. D. 1744, a certain fumpfit against fhip, called the Lonsdale of Whitehaven, whereof one Richard the collector of Bevan was then mafter, and then loaded with divers goods and cuftoms for fal- merchandizes, was forced on fhore and ftranded on the fea-coast Serjeant Boo. of this kingdom, at or near a certain place called End Foft, in the tle's Opinion. parish of St. Bees, within the jurifdiction of the port of Whitehaven, in the county of Cumberland; and the faid defendant then was, and still is, the collector of his majefty's cuftoms in the port of Whitehaven and whereas the faid 'defendant, as collector of the customs aforefaid, on the first May 1746, at the parish of, &c. aforefaid, in the county aforefaid, was indebted to the said plaintiff in three hundred and thirty-fix pounds fix fhillings of right due and payable by the faid defendant, as collector of the customs aforesaid, to the faid plaintiff, for the work and labour, care and diligence, of the faid plaintiff, before that time done and performed by the faid plaintiff in the falvage of the faid cargo wherewith the faid fhip, fo forced on fhore and ftranded as aforefaid, at the time of her being fo forced on fhore and ftranded as aforefaid, was loaden, and in the cuftody of the faid defendant as collector of the customs as |