seller may have his remedy for this value by action of assumpsit or debt on a quantum valebant. So if I employ a man to do work for me, without fixing upon the amount of his wages, the law implies an agreement upon my part to pay him a fair compensation for his labour; and he may recover it for me, in an action of assumpsit or debt on a quantum meruit. If I lend money to another, or lay out or expend money on his account and at his request, the law presumes an agreement upon his part to repay it to me, and I may have an action of assumpsit or debt against him for the amount of it. So if a man receive money which belongs to me, or which in equity and justice he should not retain, and which ought to be paid to me, I may maintain assumpsit or debt against him for the amount of it, as for so much money had and received by him to my use. And lastly, if upon an account being stated between two persons, a balance appear to be due from one to the other, the law implies an agreement to pay the amount of such balance, and an action of assumpsit or debt may be maintained for it.

If an act of parliament inflict a certain penalty for a particular act, an action of debt will lie for the penalty, if no other remedy be specified in the statute: for the law implies that by the fundamental contract of society, the offending party is bound and hath virtually agreed to obey the directions of the legislature, and pay the forfeiture incurred to such persons as the law requires. But where a statute prohibits an act injurious to an individual, and does not assign any certain penalty for it, the remedy for the party grieved is by action on the case.

When a judgment is given for damages, or debt and damages, or costs, the law also implies a contract by the party to pay the amount *of them; and the judgment is therefore considered a debt, for which the other party may have his remedy by action of debt. Upon judgments for the plaintiff, this is not at all times an advisable proceeding; for he is not entitled to costs in such an action, unless the court shall otherwise order. 43 G. 3, c. 46, s. 4. 2 Arch. Pr. C. B. 291. But as this statute does not extend to actions on judgments for a defendant, a defendant may adopt this remedy by action of debt on his judgment, if he think it more advisable than a scire facias. For the amount of a foreign judgment, the remedy is by action of assumpsit or debt; but upon an Irish or Scotch judgment, the remedy is by action of debt only. For the same reason, debt lies for an amercement set in a court leet or court baron; also, for forfeitures imposed by the bye-laws and private ordinances of a corporation.

And lastly, if a man undertake an office, employment, trust or duty, he thereby, in contemplation of law, impliedly contracts with those who employ him, to perform that with which he is entrusted, with

integrity, diligence and skill; and if he fail to do so, it is a breach of contract, for which the party may have his remedy by action on the case, or in most cases by action of assumpsit. Thus if a public officer be guilty of neglect of duty, or a palpable breach of it either of nonfeazance or misfeazance; as if a sheriff do not execute a writ, or wilfully make a false return to it: the person thereby injured may have his remedy by action on the case. So if a gaoler suffer a prisoner in his custody to escape, the party at whose suit he was in custody may have his remedy by action on the case, if the prisoner were in custody upon mesne process; or by debt or case, if he were in custody in execution. So if through any gross and culpable negligence of an attorney his client be damnified, the client may have his remedy by action of assumpsit or action on the case. So if a common innkeeper allow the goods of his guest to be stolen; or a common carrier or barge-master lose or injure goods given to him to carry; or a farrier lame a horse in the shoeing of him; or a tailor or other workman do not execute his customers' work in a workmanlike manner; or a person, to whom goods are bailed, do not take the same care of them that he would if they were his own property; or a public innkeeper refuse to receive a guest; or the owner of a public convey. ance refuse to receive a passenger: these are breaches of implied contract above mentioned, for which the party thereby damnified may have his remedy by action of assumpsit or action on the case. So upon a sale of goods, there is an implied undertaking that the seller has a good title to them, and may lawfully make sale of them; and if this turn out not to be the case the purchaser may have his remedy by assumpsit or case. Upon a sale of provisions also, it is always implied that they are wholesome; and if they be not, the buyer may have his remedy by action on the case. But in all other cases of sales, the warranty as to the quality of the goods must be expressed and to such express warranty, as where a horse is warranted sound or the like, the law annexes a tacit contract, that if it be otherwise than warranted, the vendor shall make compensation to the buyer, and the latter may thereupon have his remedy by assumpsit or action on the case. If a man however, *sell me goods which he knows to be unsound, and have used any art to disguise them; or if they be different in any respect from what he represents them to be; or if a man cheat me with false cards or dice, or by false weights or measures; or if I be injured in any other respect by the falsity or deceit of another I may have my remedy by action on the case; for the law always implies a contract that every transaction is fair and honest. 56; 3 Bl. Com. 164.

10 Co.

SECT. V.

Remedy for Injuries to the Person, &c. of an Individual.

To his Person.] For battery, wounding or mayhem, or for an attempt to commit any of these (which in law is termed an assault,) the injured party may have his remedy in damages, by action of trespass. Even for a threat or menace to commit any of these injuries, Reg. 104 b. 2 Rol. 545 l. 25, 41, or to pull a man's house down, Reg. 108, or the like, if any injury arise to the party from such threat or menace, the remedy, it seems, is also by action of trespass. Com. Dig. Battery, D.

For false imprisonment, that is, for every confinement or detention of a man, against his will, without sufficient authority, the party so imprisoned may have his remedy in damages by action of trespass.

To his health.] If a man's health be injured, by the exercise of a noisome trade which infects the air in his neighbourhood, or by selling him bad provisions or wine, he may have his remedy by action on the case. Or if he receive any injury from the neglect or unskilful management of his physician, surgeon or apothecary, he may have assumpsit or case, at his option.

To his reputation.] For slanderous words, or for libels if published; or for words or writing, not amounting to slander or libel, if a special damage be occasioned to the party by them: the party injured may have his remedy in damages, by action on the case.

Also, for preferring a malicious indictment or prosecution against a man, he may have his remedy by action on the case; or by action of conspiracy, which however is now obsolete.

To his family.] For criminal conversation with a man's wife, he may have his remedy by action of trespass, or action on the case. So, for taking away a man's wife, although not by force, he may have his remedy in damages by action of trespass; or for persuading or enticing her to live separate from him, without a sufficient cause, he may have an action on the case. So, for an assault and battery, &c. of a man's wife, he may have an action of trespass.

For debauching a man's daughter, he may have his remedy in damages, by action on the case.

For enticing a man's hired servant to leave his service; or for *hiring him or receiving him as a servant, knowing him at the same time to be the servant of another: the master so injured may have his remedy by action on the case. So, for a battery or false imprisonment of a servant, his master may recover damages in an action of trespass.

I have now pointed out shortly the various remedies by action, which our laws afford for injuries to a man's property or person; they will be found, however, treated of at large in the second and subsequent books of the present work. Great care must be taken in adopting the proper form of action: for if a wrong form be adopted, the plaintiff will be nonsuited at the trial; or if it appear upon the face of the pleadings, the defendant may take advantage of it either by demurrer, by motion in arrest of judgment, or by writ of error.

*CHAPTER III.

THE TIME LIMITED BY LAW FOR BRINGING AN ACTION.

Entry, Distress or action, for land or rent.] By stat. 3 & 4 W. 4, c. 27, s. 2, it is enacted, that after the 31st December, 1833, "no person shall make an entry or distress, or bring an action, to recover any land or rent, but within twenty years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued to some person through whom he claims; or if such right shall not have accrued through any person through whom he claims, then within twenty years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued to the person making or bringing the same." And by scc. 3, where the party or the person through whom he claims, was in possession or receipt of rents or profits, and was dispossessed, &c., then the time of limitation shall reckon from the time he was dispossessed or ceased to receive the profits; but when he claims through a person who was scised until his death, then the time of limitation shall reckon from the death; when he claims an estate in possession under an instrument (other than a will) made to him or to the person under whom he claims, by the person in possession, and no person shall have been in possession under such instrument, then the time of limitation shall reckon from the time the party was entitled to possession under the instrument; when the estate claimed shall be a reversion or remainder, and no person shall have been in possession or receipt of rents under it, then the time of limitation shall reckon from the time at which it became an estate in possession; or if the party claim by reason of a forfeiture or breach of condition, then the time of limitation shall reckon from the time such forfeiture was incurred or such condition was broken. And by sect. 15,

in all cases where there is no adverse possession at the time of passing this act, the claimant may make an entry or distress or bring his action at any time within five years after, notwithstanding the twenty years hereinbefore limited shall have expired. And by sect. 14, where there is an acknowledgment in writing of the claimant's title, by the person in possession or receipt of rent, &c., the time of limitation shall reckon from the date of such acknowledgment. But by sect. 10, no person shall be deemed to be in possession as aforesaid, merely by reason of his having made an entry on the land. By sect. 35, the receipt of rent from a tenant from year to year or other lessee, shall, as against such lessee or persons claiming under him, be deemed to be the receipt of the profits of the land, within the meaning of the act.

As to the time of limitation with respect to remainder-men or *reversioners, there seems to be some discrepancy in the act which I cannot very well explain. By the 3d section, above mentioned, where the estate claimed is a reversion or remainder, and no person shall have been in possession or the receipt of rents under it, then the time of limitation shall reckon from the time at which it became an estate in possession, that is to say, at the time the previous estates tail, &c. were exhausted and determined. See Doe v. Pike, 3 B. & Ad. 738. And by sect. 4, when a reversioner or remainder-man is entitled to enter or bring an action for a forfeiture or breach of condition, and fail to do so, he may afterwards do so within the limited time after the estate has become an estate in possession in such manner as if such forfeiture, &c. had never occurred. Again, by sect. 5, "a right to make an entry or distress, or to bring an action to recover any land or rent, shall be deemed to have first accrued, in respect of an estate or interest in reversion, at the time at which the same shall have become an estate or interest in possession by the determination of any estate or estates in respect of which such land shall have been held, or the profits thereof or such rent shall have been received, notwithstanding the person claiming such land, or some person through whom he claims, shall, at any time previously to the creation of the estate or estates which shall have determined, have been in possession or receipt of the profits of such land, or in receipt of such rent." And if the person in possession be tenant at will, the right of the party entitled, subject to such tenancy, shall be deemed to have first accrued at the determination of such tenancy, or at the expiration of one year from the commencement of it, at which time such tenancy shall be deemed to have determined; but no mortgagor or cestui que trust shall be deemed a tenant at will to his mortgagee or trustee, within the meaning of this clause. S. 7. In like manner, if the person in possession be tenant from year to year, the