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Common Law Procedure Act 1852

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This is the original version (as it was originally enacted).

Statements of Causes of Action On Contracts

1. Money payable by the Defendant to the Plaintiff for [these Words Money payable, &c. should precede Money Counts like 1 to 14, but need only be inserted in the first Goods bargained and sold by the Plaintiff to the Defendant. 2. Work done and Materials provided by the Plaintiff for the Defendant at his Request. 3. Money lent by the Plaintiff to the Defendant. 4. Money paid by the Plaintiff for the Defendant at his Request. 5. Money received by the Defendant for the Use of the Plaintiff. 6. Money found to be due from the Defendant to the Plaintiff on Accounts stated between them. 7. A Messuage and Lands sold and conveyed by the Plaintiff to the Defendant. 8. The Goodwill of a Business of the Plaintiff, sold and given up by the Plaintiff to the Defendant. 9. The Defendant's Use, by the Plaintiff's Permission, of Messuages and Lands of the Plaintiff. 10. The Defendant's Use, by the Plaintiff's Permission, of a Fishery of the Plaintiff. 11. Fines payable by the Defendant as Tenant of Customary Tenements of the Manor of to the Plaintiff as Lord of the said Manor, for the Admission of the Defendant into the said Customary Tenements. 12. The Hire of [as the Case may be], by the Plaintiff let to hire to the Defendant. 13. Freight for the Conveyance by the Plaintiff for the Defendant at his Request of Goods in Ships. 14. The Demurrage of a Ship of the Plaintiff kept on Demurrage by the Defendant. 15. That the Defendant on the Day of A.D., by his Promissory Note, now over-due, promised to pay to the Plaintiff £ Two Months after Date, but did not pay the same. 16. That one A., on, &c. [Date], by his Promissory Note, now overdue, promised to pay to the Defendant, or Order, £_______ [Two] Months after Date; and the Defendant indorsed the same to the Plaintiff; and the said Note was duly presented for Payment, and was dishonoured, whereof the Defendant had due Notice, but did not pay the same. 17. That the Plaintiff, on, &c. [Date], by his Bill of Exchange, now over-due, directed to the Defendant, required the Defendant to pay to the Plaintiff £ Two Months after Date ; and the Defendant accepted the said Bill, but did not pay the same. 18. That the Defendant, on, &c. [Date], by his Bill of Exchange, directed to A., required A. to pay to the Plaintiff £ [ Two] Months after Date; and the said Bill was duly presented for Acceptance, and was dishonoured, of which the Defendant had due Notice, but did not pay the same. 19. That the Plaintiff and Defendant agreed to marry one another, and a reasonable Time for such Marriage has elapsed, and the Plaintiff has always been ready and willing to marry the Defendant, yet the Defendant has neglected and refused to marry the Plaintiff,

20. That the Plaintiff and Defendant agreed to marry one another on a Day now elapsed, and the Plaintiff was ready and willing to marry the Defendant on that Day, yet the Defendant neglected and refused to marry the Plaintiff. 21. That the Defendant, by warranting a Horse to be then sound and quiet to ride, sold the said Horse to the Plaintiff, yet the said Horse was not then sound and quiet to ride. 22. That the Plaintiff and the Defendant agreed by Charter-party, that the Plaintiff's Ship called the " Ariel " should with all convenient Speed sail to R., or so near thereto as she could safely get, and that the Defendant should there load her with a full Cargo of Tallow or other lawful Merchandise, which she should carry to H., and there deliver, on Payment of Freight £ per Ton, and that the Defendant should be allowed Ten Days for loading, and Ten for Discharge, and Ten Days for Demurrage, if required, at £ per Day; and that the Plaintiff did all Things necessary on his Part to entitle him to have the agreed Cargo loaded on board the said Ship at R., and that the Time for so doing has elapsed, yet the Defendant made default in loading the agreed Cargo,

23. That the Plaintiff let to the Defendant a House, No. 401, Piccadilly, for Seven Years, to hold from the Day of

A.D. at £ a Year, payable quarterly, of which Rent Quarters are due and unpaid. 24. That the Plaintiff by Deed let to the Defendant a House, No. 401, Piccadilly, to hold for Seven Years from the Day of A.D. , and the Defendant by the said Deed covenanted with the Plaintiff well and substantially to repair the said House during the said Term [according to the Covenant], yet the said House was during the said Term out of good and substantial Repair.

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