fully promised to perform all the said agreement, on his part to be performed, the said A and B then and there promised the plaintiff, to perform all said agreement, on their part to be performed. And the plaintiff avers, that giving credit to the last mentioned promise of said A and B, he went the said voyage; that he performed the service of a faithful mariner on board said ship, in the capacity of chief mate; that he did not occupy his privilege aforesaid, in said ship, in the part of the voyage from &c. to &c., or any part thereof; and that the said ship was fully loaded and freighted by or for the account or benefit of said A and B, in the said part of the voyage aforesaid, viz. from &c., to &c.; whereby the said A and B became liable to pay the plaintiff so much money as the privilege aforesaid was reasonably worth on demand; which the plaintiff avers to be the sum of $-, whereof the said A and B thereafterwards, at &c., had notice.

SECOND COUNT. And also, for that whereas the plaintiff, on &c., at &c., at the special instance and request of said A and B, had permitted them to load and freight tons on board a certain other ship, called &c., in and on account of the privilege, as it is called, which belonged to the plaintiff, of tons on board said other ship &c., from &c., to &c., which privilege they occupied, and loaded and freighted accordingly; the said A and B, then and there promised the plaintiff to pay him on demand therefor, so much as he reasonably deserved, which the plaintiff avers to be the sum of &c. PUTNAM.

Add" Money had and received."

Part owners v. master [ part owner] for breach of orders.

In a plea of the case, for that whereas the plaintiffs and the said E [defendant] were, on &c., at &c., joint owners of the brig, called &c., and her cargo and goods on board, which are enumerated in the schedule annexed, in the following proportion, viz. &c., &c.; and the brig so laden, and then lying at &c., bound on a voyage to &c., beyond seas, with said cargo was of the value of $; and the plaintiffs, being the major part of said owners, in number and value, according to the custom of merchants, and at the request of said E, appointed him, the said E, master of the said brig, for the said intended voyage, and then and there promised to allow and pay him, the said E, at the rate of $-, for

master's wages, monthly, during said voyage, and also $per cent. for commissions on the sale and disposal of said cargo, and for the purchase of other cargo, according to the orders hereinafter mentioned; in consideration thereof, the said E then and there promised the plaintiffs, that he would immediately proceed, &c. [so recite the substance of the orders. Now the plaintiffs aver, that the said E, having taken the charge of said brig and cargo, as master aforesaid, afterwards on &c., proceeded from &c. on the voyage aforesaid, and on &c., arrived at &c., with the same cargo, and with the net proceeds thereof could have easily purchased a cargo, &c. [as in the orders :] yet the said E, not minding his promises aforesaid, but contriving to deceive and defraud the plaintiff, did not purchase a cargo &c., but refused and neglected so to do &c., [state the particular breaches] and though often requested, has not rendered the plaintiffs any account of his proceedings in said voyage, though said voyage is long since ended, and still refuses and neglects so to do.

Add a count as on a promise by bailiff, &c.

Against administrator on a joint note of intestate and plaintiff paid by plaintiff.

For that the said A [plaintiff,] and said I, [intestate,] at &c., on &c., being jointly indebted to one C, in the sum of $-, to secure the payment of said sum, gave a promissory note to said C, of that date; by which they promised jointly and severally to pay said C, that sum in- -months from that date, with interest therefor until paid. And afterwards, on &c., at &c., said note being due and unpaid, said A was requested by said C to pay her the whole of said sum and the interest until that time, which the said A, then and there did, the interest and principal amounting to $, of which the said I, thereafterwards on the same day had notice, and thereby became liable to and in consideration of the premises, then and there promised the plaintiff to pay him one half of the principal and interest, to wit the sum of $- on demand; yet the said I, though often requested, to wit, on &c., at &c., never paid the sum in his lifetime, nor hath the said D [defendant] paid the same, though alike requested, since his death, &c.

PARSONS.

On a promise by note to repair a wharf, &c. In a plea of the case, for that the said A [defendant] on

&c., at &c., agreed with the plaintiff, that he, the said A, would repair, ballast and mud the plaintiff's wharf, situate in &c., lying between &c., for the sum of $-, to be paid. him by the plaintiff therefor, and that the said A, in consideration that the plaintiff had disbursed for, and paid him $-in part and promised to pay him, the said A, other $-, in full of the said $-, when he should have finished the aforesaid mudding, repairing, and ballasting the wharf of the plaintiff, then and there promised the plaintiff well and faithfully to repair, mud and ballast said wharf of the plaintiff, according to his agreement aforesaid, on demand; yet though requested, viz., on &c., at &c., &c.

Against executor, on a special agreement of testator.

In a plea of the case, for that in the lifetime of said C, viz. on &c., at &c., a certain discourse was moved and had between the plaintiff and said C, of and concerning the plaintiff's removing from off the farm of his late father, in &c., where the plaintiff then lived, and selling his own land adjoining thereto, and also his right in his said father's real estate, and of his, the plaintiff's, living with said C, until the plaintiff by the help and assistance of said C, could purchase some other place; and the said C, then and there promised the plaintiff, that if he would remove quietly from his said father's farm, he, the said C, would give him, the plaintiff, towards purchasing some other place, and help him, the plaintiff, otherwise. Now the plaintiff in fact says, that he, relying on the said promise of the said C, did remove off from his said father's farm, sell his own land adjoining thereto, being &c., and also all his right in his said late father's estate, and lived with the said C, for the space of one year; yet the said C, wickedly contriving to defraud and injure the plaintiff, though requested, never gave the said A the said sum of $- towards purchasing some other place, nor otherwise helped him, but utterly refused to do either; nor since his death, &c. R. DANA.

Part owner v. part owner, for repairs of a saw-mill. For that from &c., to &c., the plaintiff hath been owner and occupier of an undivided moiety of a saw-mill, called &c., in &c., the other moiety thereof belonging to the said A, [defendant,] and one D, viz. to each an undivided one fourth part; and the plaintiff and the said A and D, having hitherto received the profits of said mill, and improved it according to their respective interests therein, were, and by law

are bound to repair and keep up the same and the utensils thereof; and whereas the said mill and utensils, on &c., fell to decay and wanted repairs, mentioned in the schedule annexed hereto, and the plaintiff, on &c., at &c., gave notice thereof to the said A and D, and required their aid and assistance, in proportion to their respective interests aforesaid, for repairing said mill and utensils, but they refused it; whereupon the plaintiff caused said mill and utensils to be repaired, and therein used the materials and did the labor mentioned in said schedule, all being necessary, and amounting to $, and thereof, on &c., at &c., gave notice to the said A and D; and the said B thereupon became liable to pay the plaintiff one fourth part of said sum, being $—; and being so liable, in consideration, &c. Co. Lit. 54, 200; 2 Ld. Raym. 1093; F. N. B. 127, 295.

For money due on settlement by judge of probate of the real estate, on one heir, against husband and wife.

For that L B, late of S aforesaid, was, in his lifetime, seized in his demesne, as of fee, of certain lands and tenements situate in S, aforesaid, and on &c., there died so seized thereof, and intestate, leaving several co-heirs, viz. T. C., A. C., S. C., M. C., [plaintiff ] and P. C. [one defendant] his heirs, to whom the said estate descended in this form, namely, to the said T two-sixth parts thereof, and to the said A, S, M, and P, one sixth part thereof, each; and afterwards, and before there was any settlement or distribution of the said estate, made by the Judge of Probate of Wills and granting administration in and for the said county of E, and before the same A came of age or was married, he, on &c., at &c., died seized in fee of his said undivided sixth part of the real estate aforesaid, and intestate, leaving the said T, S, M, and P, his heirs. And it being duly, and according to law, represented and made to appear to S D, Esq, Judge of Probate of Wills and granting administration in and for the said county of E, that the real estate aforesaid, whereof the said L B died so seized, could not be divided among all his children without great prejudice to or spoiling the whole, and that it would conveniently accommodate more of his children than his eldest son, the said Judge, on &c., in pursuance of the power and authority given him by the laws of this Province [commonwealth,] made for the settlement and distribution of intestates' estates, adjudged and decreed parts, other than her share of the

real estate, whereof the said L B died so seized, unsettled, unto the said P, aud settled the same on her, to hold to her and her heirs forever, she paying to the said M, when she came of age, or was married, the sum of £27, with lawful interest for the same from the said &c., day of &c., the said £27 being the said M's proportionate part or share of the value of the real estate, so ordered unto and settled on the said P. And the said P, then and there, while sole and before her intermarriage with the said E, [the joint defendan] accepted the real estate so ordered to, and settled on her, and entered thereinto, and thereby became chargeable to pay the said M the aforesaid sum of £27, with lawful interest for the same, when she came of age, or was married, which first happened, and promised the said M to do it accordingly. And the said M came of age on the &c. day of &c.; yet the said P, though often requested, never paid the said £27, or the interest thereof, while sole; nor since her intermarriage with said E, have. the said E and P, or either of them, though alike requested, ever paid the same, but wholly neglect and refuse so to do. TROWBRIDGE.

Against assignee of a term, by assignor, for not repairing, according to the original covenants of the lease.

For that the plaintiff, on &c., at &c., being possessed of two certain messuages or tenements, situate at &c., for the then residue of a certain term of six years, commencing from the &c. day of &c., by virtue of a certain demise or lease thereof, made from one R to the plaintiff and his assignees, by indenture, bearing date the &c. day of &c., under divers covenants and agreements, contained in said indenture, on the part and behalf of the plaintiff, as such lessee thereof, and his assignees, to be kept and performed, of which the said D [defendant] then and there had notice; and in consideration that the plaintiff, at the special request of the said D, would then and there sell and assign over the same to the said D, for the then residue of the said term, subject to the covenants and agreements on the lessee's part and behalf, in the said indenture contained, then and there faithfully promised the plaintiff, that he, the said D, would perform and keep, all and singular such agreements and covenants, from the &c. day of &c., last past. And the plaintiff avers, that, confiding in the said promise of the said D, he did then and there sell and assign over to the said D, the said messuages or tenements, with the appurtenances