on demand (or on or before the

day of or as the cafe may be.) Yet the faid D. although thereto requested (and although the faid time of payment is long fince past) hath not paid the fame, but hath refufed and still doth neglect and refuse so to do.

To the damage, &c.

7. Upon a Note indorfed against the Promiffor..

Cff. To the fheriff, &c. ATTACH C. D. &c. to answer unto A. B. &c. In a plea of the cafe, for that

on the

the faid C. D. at day of by his certain note in writing, called a promiffory note, by him fubfcribed, bearing date the day and year abovesaid, promised one E. F. to pay him or his order, the fum of on demand, being for value received, and the faid E. afterwards, viz on the fame day and at the place laft mentioned by his indorsement in writing made on the faid note, and fubfcribed with his hand, affigned the faid note to the faid A. and by the fame indorsement, ordered the contents of faid note then wholly due and unpaid, to be paid to the faid A. according to the tenor and effect of the faid note, of which the faid C. afterwards, viz. on the day and year and at the place laft mentioned, had notice, and thereupon became chargeable and liable to pay to the faid A. the fum mentioned in faid note. according to the tenor and effect of the fame; and being fo chargeable, in confideration thereof, then and there promifed fo to do.

Yet, &c.

8. Upon a Promissory Note against the indorfer.

Cf. To the fheriff, &c.

&c. of C. D. to answer to A. B.

ATTACH the goods,

In a plea of the cafe, for that one D. F. of, &c. at on, &c. by his certain note in writing, called a promiffory note, subscribed with his hand, and bearing date the day and year last above mentioned, promifed to pay the faid C. D. or order, the fum of upon, &c. for value in the faid note mentioned to be received, and the faid C. afterwards, viz. on the fame day at aforefaid, by his indorfement on the faid note by him fubfcribed, ordered and appointed the contents of faid note, then being unpaid, to be paid to the faid A. or his order, for value in the faid indorsement

mentioned to be received, whereof the faid A. on the fame day last mentioned, at aforefaid gave notice to the faid C. and then and there required him the faid C. to pay to him the faid A. the aforefaid fum of

contained in

faid note, according to the tenor of the fame, and indorfe ment thereon, but the faid A. in fact faith that the faid E. although as above required thereto, hath not paid the said fum to the faid A, but hath refufed and neglected to pay the fame to him, and thereof the faid C. afterwards, viz. on the day and year laft mentioned at aforefaid, had notice, by reafon of which premifes the faid C. became chargeable and liable to pay said sum of in faid note contained;

and being fo liable, he the faid C. afterwards, viz. on the fame day and year laft mentioned at aforefaid, in con

fideration thereof, upon himself affumed, and then and there faithfully promifed to pay the fame to the faid A. on demand. Yet, &c.

9. For Deceit on a Warranty of Goods.

C. To the fheriff, &c. ATTACH the goods, &c. of C. D. to anfwer to A. B. &c.

In a plea of the cafe, for that the faid C. at faid

dollars, by the faid

on, &c. in confideration of A. to him the faid C. then and there in hand paid, did bargain and fell unto the faid A. one hogfhead of white Lisbon wine, and upon making the faid bargain and fale, he the faid. C. did then and there warrant the fame wine to be neat and perfect wine, and in good condition. But he the faid A. in fact faith that the wine aforefaid, at the time of the bargain and fale aforefaid, was corrupted and adulterated wine, and if drank would be hurtful to man's body; whereby the faid. A. upon the bargain and fale, and warranty aforefaid, was› very much deceived and defrauded..

To the damage, &c.

10. Upon a Bill (or Order) against the Drawer.

Cf. To the fheriff, &c.

ATTACH the goods

and estate of C. D. to answer to A. B.

at

In a plea of the cafe, for that the faid C. on the day of drew a certain bill in writing, fubfcribed with his hand, and directed the fame to one E. F. whereby he requested the faid E. F. to pay to the

of

U. 2

faid A. or his order, on fight thereof the fum of (or in days, &c.) being for value received, which faid bill so made and fubfcribed, the faid A. afterwards, viz. on the

day of at aforefaid, prefented to the faid E.F. and then and there required him the faid E. to accept the fame, and to pay to the faid A. the faid fum of in faid bill mentioned, but he the faid E. then and there refufed to accept the fame and pay the faid fum therein contained, of which the faid C. afterwards, that is to fay, on the fame day and year laft mentioned at aforefaid, had notice, by reafon whereof the faid C. became chargeable, and now is liable and chargeable, to pay to the faid A. the faid fum of in faid bill contained, and being fo liable, he the faid C. afterwards, viz. on the day and year aforefaid, at aforefaid, promised

the faid A. to pay him the faid fum of

on demand. Yet the faid C. although thereto requested, hath not paid the faid fum to the faid A. but hath hitherto refused and ftill doth refufe fo to do.

To the damage, &c.

11. On a Bill (or Order) accepted.

Cf. To the fheriff, &c. ATTACH the goods, &c. of C. D. of, &c. to answer to A. B. of, &c.

day of

on

In a plea of the cafe, for that one E. F. at the drew a certain bill in writing fubfcribed with his hand, and directed the fame to the faid C. whereby he required the faid C. to pay to the faid A. on fight thereof (or within days, &c.) for value received, the fum of and to charge him the faid E. therewith, and the faid A. in fact faith that afterwards, viz. on the day of he the faid C. accepted the faid bill. and thereby became chargeable and now is chargeable and liable to pay the fum in faid bill mentioned, viz. the fum of according to the tenor thereof, to the faid A. and in confideration thereof, then and there promifed fo to do. Yet the faid C. although thereto requested, hath not paid the fame to the faid A. but hath hitherto refused and still doth neglect and refuse so to do.

at

To the damage, &c.

12. For a Nuifance.

Cf. To the fheriff, &c. ATTACH the goods, &c. of E. D. to anfwer to A. B.

In plea of the cafe, for that whereas the faid A. on the day of, &c. and always from thence hitherto was and hath been and still is poffeffed of a meffuage or tenement fituate, lying and being in the town of in the county aforefaid, for a certain term of years then and yet to come and whereas the faid A. and all thofe whofe eftate he now hath of and in the meffuage with the appurtenances aforefaid, have and from the time whereof the memory of man is not to the contrary, were accustomed to have, and of right ought to have for themselves and their tenants, as to the faid meffuage belonging and appertaining, in the garden of faid A. in and out of the river running down and defcending between the meadow of the faid E. called, &c. and the faid garden of the aforefaid A. at all times of the year at their pleasure, clean, pure and wholesome water, to drefs all manner of victuals, for the neceffary fubfistence of men inhabiting and refiding in the tenement aforefaid with the appurtenances, or any part thereof: Nevertheless the faid E. not ignorant of the premifes, but contriving and maliciously intending the said A. in this behalf unjustly to grieve, the day, &c. in the year, &c. at, &c. aforefaid, certain tan pits in the aforefaid meadow, called, &c. then and there made and digged, and continued; and the mud, filth, and other unclean things into the faid meadow of the faid E. near to the river, and near the faid garden of the faid A. then and there out of the tan pits aforefaid did caft and evacuate; and from thence the faid mud, filth and uncleannefs, into the faid river out of the aforefaid meadow of him the faid E. near to the garden of the aforefaid A. out of the fame tan pits then and there being evacuated and caft into the water of the faid A. then and there did run down and defcend; whereby the faid water of him the faid A. out of the river near the garden of the faid A. for the neceffary use of him the faid A, and his wlrole family taken and had, be: came putrid, corrupt, and to human bodies altogether un. wholefome.

To the damage, &c.

III. OF ACTION OF ACCOUNT.

ACTION of account lies against a bailiff, or receiver; &c. to thofe who by reafon of their offices and bufinefs are to render accounts, but refufe to do it.

This action may be brought againft, 1. Bailiff or receiver of rents and debts. 2. Where one was not bailiff or re

ceiver. 3. Before auditors, &c.

1. A Declaration of Account against a Bailiff C To the fheriff, &c. ATTACH the goods, &c. of E. D. &c. to answer to H. B. &c.

In a plea of account, for that whereas the faid E. was the bailiff of the faid H of one meffuage and fixty acres of land, &c. with the appurtenances fituated in the town of, &c. from the day of, &c. until the day of, &c. and for. all that time having the care thereof, and power to let and improve the fame, and the rent for the faid meffuage and lands, to the use of him the faid H. during the faid time, to collect and receive, as receiver of the monies of the faid H. for the fame time had received of the money of him the faid H. at aforefaid, by the hands of

ten dols.. and by the hands of fix dols. to render a reafonable account thereof, to the faid H. when he fhould be there.. unto required.

Yet the faid E. though often thereto requested, his reafon-able account of the fame to the faid H. hath not rendered, but the fame to him hitherto to render he hath refused, and ftill doth refufe fo to do..

To the damage, &c.

2. A Declaration against a Receiver to account for Money: Cf. To the fheriff, &c. ATTACH the goods, &c. of E. D. to anfwer to H. B. &c.

In a plea of account, for that whereas E. on the

day of at in the county aforefaid, had been the re

ceiver of the monies of him the faid H. and for that whole. time had the care and difpofition of divers goods and chattels of the faid H. viz. of, &c. to the value of

viz. at

aforefaid, in the county aforefaid, to make merchan-dize and profit thereof, for him the faid H. and to render a reasonable account thereof to the faid H. when he fhould. be thereunto required. And whereas he the faid E. during the time aforefaid, had received of the monies of the faid H. at, &c. aforefaid by the hands of, &c. dollars, to render a reasonable account of the fame, when he should! be thereunto required..