expiration thereof, to wit, on the last mentioned 10th day of June, A.D. 1787, at Marlbridge aforesaid, did enter into, carry on, and was concerned in the printing and embossing business for other and different persons than the said Roger and Joseph, to wit, for and with the said John Hart and Henry Ackerley, contrary to the tenor and effect of the said indenture, and of the aforesaid covenant of the said John in that behalf made as aforesaid; whereby, and by reason of which said several premises, the said machinery, engines, etc., used by them the said Roger and Joseph in their said business, hath been and is divulged, and made known to the said John Hart and to many others, and in consequence thereof their said secrets and inventions in trade, in their said trade and business, are very much reduced in value, and are in danger of becoming wholly useless and unprofitable to them in future; and by means of the same having been so revealed and disclosed to the said John Hart as aforesaid, they the said Roger and Joseph to prevent his making use of them to their prejudice, or any further disclosing them, were forced and obliged to take him into, and to engage him in their service in their said business for a certain long term of years, whereof six and more are still to come and unexpired, at and upon certain very high and disadvantageous terms and wages, to wit, at the wages of two pounds two shillings per week, and have been obliged to pay, and must hereafter pay him such wages during the remainder of his said contract or employment, which they otherwise could not nor would have done, to wit, at Marlbridge aforesaid, and so (concluding as in Form No. 2034).

(c) For Exercising Trade within a Certain Distance of Master Place of Business.

Form No. 2037.

(Precedent in 3 Wentw. Pl. 302; Lawyer's Guide 453.)

(Commencing as in Form No. 2034, and continuing down to *) for that whereas by certain articles of agreement, indented, made, and agreed upon the eighteenth of October, A. D. 1774, at Worcester, in the said county of Worcester,* between one Thomas Doughty and the said Richard of the first part, and the said William of the other part the counterpart of which said articles, sealed with the seal of the said Richard, the said William now brings into court, the date whereof is the same day and year aforesaid - the said William, in consideration of the sum of one hundred guineas to be paid as thereinafter was mentioned, covenanted and agreed with the said Thomas D. his executors, administrators, and assigns, that he the said William should and would, as far as in him lay, within the time and space of two years from the date of the said articles, if the said Richard should so long live, or continue with the said William, teach and instruct, or cause the said Richard to be taught and instructed by the best ways and means he could in the science and business or occupation of a cutter or sow-gelder, in all things belonging to the same business which the said William then used:

And the said Thomas D. did, by the said articles of agreement, covenant, promise, and agree, to and with the said William, that he the said Richard should and would dwell with, and faithfully and truly serve the said Richard in his said business during the said time of two years, which he the said Richard did thereby consent and agree to do accordingly, and that the said William should have all the benefit of the said service during the said term; and the said Richard did, in and by the said articles, for himself, his executors, administrators, and assigns, covenant, promise, and agree, to and with the said William, his executors and administrators, that the said Richard should not nor would, after his leaving or quitting the service of his said master — without first having obtained his consent and approbation for so doing-follow or exercise the said science, business, or occupation of a cutter or sowgelder within the space of ten miles from the city of Worcester during the life of the said William, or so long as he should continue in and follow the business of a cutter or sow-gelder as aforesaid, as by the said articles, amongst other things, more fully appears : And the said William in fact says that the said Richard, on the day of the date of the said articles, at Worcester aforesaid, entered and was received into the service of the said William under the said articles, and so remained and continued from thence until the end and expiration of the said term of two years therein mentioned, when his said servitude or apprenticeship under the said articles, ceased, ended, and determined, and he the said Richard left and quitted the service of his said master the said William, to wit, at Worcester aforesaid: And the said William in fact saith that although he the said William hath always, since the said Richard so left and quitted his service as aforesaid, hitherto continued in and followed his said business of a cutter or sowgelder as aforesaid; yet the said Richard, after he so left and quitted the service of the said William as aforesaid, and whilst the said William continued in and followed the said business of a cutter or sow-gelder as aforesaid, to wit, on the first of January, 1780, did follow and exercise, and always from thence hitherto hath followed and exercised, and still doth follow and exercise, the said science, business, or occupation of a cutter or sow-gelder within ten miles from the city of Worcester, that is to say, at, and in the said city of Worcester, and in divers other places within ten miles of the said city, without first having obtained the consent or approbation of the said William for so doing, contrary to the tenor and effect, true intent and meaning of the said articles of agreement, and the said covenant of him the said Richard in that respect made as aforesaid, whereby the said William hath lost and been deprived of great profit, benefit, and advantage that would have arisen and accrued to him from the exercise of his said trade and business of a cutter and sow-gelder within the limits aforesaid, if the said Richard had not followed and exercised the same within such limits, and in manner aforesaid, to wit, at Worcester aforesaid; and so (concluding as in Form No. 2034).

2 E. of F. P.-2

17

Volume II.

(3) AGAINST THE MASTER.

(a) By the Father of Apprentice for Discharging Him.

Form No. 2038.

(Precedent in 3 Wentw. Pl. 419.) 1

(Commencing as in Form No. 2037, and continuing down to *) between the said Barton Shuttleworth the now plaintiff, and Barton Shuttleworth his son, of the one part, and the said James Hargreaves of the other part, and sealed with the respective seals of the said Barton Shuttleworth the now plaintiff, and Barton Shuttleworth the son, and the said James, and bearing date the same day and year aforesaid- which said articles of agreement now remain in the custody and possession of the said James, and therefore the said Barton Shuttleworth the now plaintiff, cannot bring the same here into court- the said Barton Shuttleworth the son, of his own free will, and with the consent of the said Barton Shuttleworth his father, the now plaintiff, did put, place, and bind himself apprentice to the said James Hargreaves to serve him in his art, mystery, or business of a surgeon, apothecary, and midwife, from the day of the date of the said articles. for and during the full end and term of four years from thence next ensuing, and that he the said Barton Shuttleworth the son, should and would, during the said term, keep the secrets of his said master, and should not, nor would not, during the said term, embezzle or misspend any of his said master's money or goods, nor absent himself from his service at any time without his consent, but in all respects behave himself as a good and faithful apprentice ought to do; and the said James Hargreaves in consideration of such apprenticeship, and also in consideration of fifty-two pounds ten shillings of lawful money of Great Britain to him in hand paid, by the said Barton Shuttleworth the father, on or before the sealing and delivery of the said articles, the receipt whereof he did thereby acknowledge, did covenant and agree for himself, his heirs, executors, and administrators, that he the said James Hargreaves should and would, at all times during the term aforesaid, teach and instruct, or cause and procure to be taught and instructed in the art, mystery, or business of a surgeon, apothecary, and midwife, and in all things incident and belonging thereto, in such manner as he the said James Hargreaves then, or at any time during the said term, should use, practice, or deal in the same; and also that he the said James Hargreaves should and would, during the said term, find and provide for the said Barton Shuttleworth the son, good and sufficient meat, drink, and lodging, fit for such an apprentice, as by the said articles of agreement, relation being thereunto had, may more fully appear: And the said Barton Shuttleworth the father, in fact says that the said Barton Shuttleworth the son, by virtue of the said articles, afterwards, to wit, on

1. See also a precedent in Pleader's Assistant 316.

the seventeenth day of October, in the year aforesaid, at Rochdale aforesaid, in the county aforesaid, entered and was received into the service of the said James, to serve him the said James as such apprentice as aforesaid, during the said term of four years, in the said articles mentioned, and staid and continued in the said service of the said James, as such apprentice as aforesaid, for and during part of the said term in the said indenture mentioned, to wit, until and upon the first day of April, in the year of our Lord 1790, to wit, at Rochdale aforesaid: Yet the said James did not, during the said time that the said Barton Shuttleworth the son, so was and continued in his said service as such apprentice as aforesaid, teach or instruct the said Barton Shuttleworth the son, or cause or procure him to be taught or instructed in the art, mystery, or business of a surgeon, apothecary, and midwife, or either of them, or in all or any of the things incident or belonging thereto, in such manner as he the said James did, during that time use, practice, and deal in the same, or in any other manner whatsoever; but wholly omitted and refused to do so, and therein wholly failed and made default, contrary to the form and effect of the said articles of agreement so made and concluded as aforesaid, of the said covenant of the said James, so by him made in that behalf as aforesaid, and in manifest breach thereof: And the said Barton Shuttleworth the father, further in fact says that although the said Barton Shuttleworth the son, hath always, during the said term, been desirous of remaining and continuing in the said service of the said James, as such apprentice as aforesaid, for and during, and until the end and expiration of, the said term of four years in the said articles mentioned, to wit, at Rochdale aforesaid: Yet the said James afterwards, and long before the expiration of the said term of four years in the said articles mentioned, to wit, on the said first day of April, in the year last aforesaid, at Rochdale aforesaid, without the license or consent, and against the will of the said Barton Shuttleworth the son, discharged and dismissed the said Barton Shuttleworth the son, from and out of the service of him the said James, and kept and continued him so dismissed and discharged out of his said service from thence hitherto, and during all that time wholly refused to permit or suffer the said Barton Shuttleworth the son, to remain, continue, or be in his service as such apprentice as aforesaid, and hath not, during any part of the said last-mentioned time, taught or instructed the said Barton Shuttleworth the son, or caused and procured him to be taught and instructed in the said art, mystery, and business of a surgeon, apothecary, and midwife, or any part thereof, or in all or any of the things incident or belonging thereto, in manner as he the said James uses, practices, and deals in the same, or in any other manner; neither hath the said James, during any part of the said last-mentioned time, found or provided for the said Barton Shuttleworth the son, good and sufficient meat, drink and lodging, fit for such an apprentice, or any other meat, drink, or lodging, or any part thereof, but hath altogether omitted and refused so to do, and hath therein wholly failed

and made default, contrary to the form and effect of the said articles of the said James so by him made in that behalf as aforesaid, and in manifest breach thereof; and so (concluding as in Form No. 2034).1

(b) By the Apprentice.

aa. FOR NOT INSTRUCTING HIM.

Form No. 2039.

(Precedent in 3 Wentw. Pl. 425.) 2

(Commencing as in Form No. 2036, and continuing down to *) : And the said John Bayley says that after making the said indenture, to wit, on the day and year aforesaid, at the city of Bristol aforesaid, he the said John Bayley entered into the service of the said William and Ann, to serve after the manner of an apprentice, according to the form and effect of the said indenture; and although the said John Bayley always, from the time of making the said indenture, hitherto hath kept, performed, and done all things in the said indenture contained on his part and behalf to be done, performed, and kept; yet, protesting that the said William hath not done anything in the said indenture contained on his part and behalf to be done and performed: In fact the said John Bayley saith that the said William hath not, since the day of the date of the said indenture, diligently taught, instructed, and informed the said John Bayley or caused him to be informed by others in the aforesaid art of a fishmonger, and the aforesaid art of a cork-cutter, or either of them, but hath wholly neglected and refused so to do, contrary to the form and effect of the said indenture, and of the covenant of the said William in that behalf made as aforesaid: And the said John Bayley further saith that the said William hath not, since the time of making the said indenture, found him the said John Bayley good and sufficient meat, drink, lodging, and other necessaries apparel and washing excepted-or any of them, but hath wholly neglected and refused so to do, contrary to the form and effect of the said indenture, and of the covenant of the said William in that behalf made as aforesaid; and so (concluding as in Form No. 2034).3

bb. FOR DISMISSING HIM.

Form No. 2040.

(Precedent in 3 Wentw. Pl. 415.)

(Commencing as in Form No. 2035, and continuing down to *) it was witnessed that the said Bernard Banger, at his own free and voluntary will, and by and with the consent of his father, placed and bound himself apprentice for four years, as by the said indenture now brought here into court more fully and at large appears; and the said

1. For the plea to this declaration, see Form No. 2047, infra.

2. See also a precedent in Lawyer's

Guide 455; 2 Rev. Swift's Dig. 559. 3. For the plea to this declaration, see Form No. 2043, infra.