The common law epitomiz'd with directions how to prosecute and defend personal actions, very useful for all lawyers, justices of peace, and gentlemen : to which is annexed the nature of a writ of error, and the general proceedings there upon : with a plain table for the easie finding out of every particular / by William Glisson and Anthony Gulston ...

The Count against a Baily, 1. of a Court or Hundred. 2. of a Mannor, &c.

Counts that from such a day to such a day he had the administration de bladis, foenis, equis, bo∣bus, vaccis, porcis, bidentibus, carucis, ac de omni∣bus aliis rebus, &c. & de, &c. ad merchandizan∣dum & proficuum faciendum, &c. & ad rationa∣bilem Computum, &c. Lib. Intra. 17. A. Sect. 1. vide more Lib. Intra. 17. a, & b. sect. 1, 2, 3, 4, 5. fol. 17. b, &c. sect. 1, 2, 3, 4, 5, 6.

The Plaintiff ought to Count that the Defen∣dant was Baily of the Mannor-house and Lands, &c. and yet it is not material whether he had the Mannor-house, &c. for the Receipt charges him, 9 Edw. 3.356. pl. 38. Stoner. 27 Edw. 3.29. pl. 25.

He need not count the things particularly, be∣cause it may be shewed before the Auditors, Crook 1 Hen. 8.153. pl. 2. where he is to charge him particularly.

But the Book of 49 Edw. 3.13. 14 Hen. 4.14. says, that it is material. Q. inde.

If Account be brought against one that by Custome ought to gather the Rents, the Count must be special, 21 Hen. 7.76. pl. 23. because the Custome makes the case to be special.

The Count was against one as Baily of a house and merchandise occupied by Joynt-tenants, ex quacunque causa seu contractu. Lib. Intra. 18. A. sect. 6.

The Count was, that he was Baily at the Feast of St. Michael, and good, because it shall be

intended th'Archangel, Coke 11. part 39. A. Metcalfes Case, 20 Hen. 6.23.

The Count was against a Tenant per Elegit, that he had made waste to the value, &c. Old. Nat. br. 34.

Conusor counts that the Conusee had levied the sum, or that he had levied part, and ten∣dred the remnant, 47 Edw. 3.11. pl. 9. and fol. 25. pl. 63.

And so of the Assignee of a Conusor, 25. Ed. 3.53. pl. 17.

The King is not held to Count against one as Baily, but may alledge generally in his informa∣tion, quod ille ad computand. Domino Regi tenetur; and if it be against Executors, quod is tempore mortis suae tenebatur. Coke 11. part 90. Devou∣shers Case.