Bernard avers, that the said Bernard by virtue of and under the said indenture, did, after the making the said indenture of the twenty-sixth day of May, A.D. 1752 aforesaid, enter and was received by the said defendant into the service of the said defendant, as such his apprentice in form aforesaid, and into the house of the said defendant, and did stay and continue in the service of the said defendant, as such his apprentice in manner aforesaid, from thence for part of the aforesaid term of four years, to wit, until and upon the twentyseventh day of March, A.Ď. 1756: And the said plaintiff further saith that although he the said plaintiff hath always, from the time of the making of the said indenture hitherto well and faithfully done, performed, and fulfilled everything in the said indenture contained on his part and behalf to be performed and fulfilled; yet protesting that the said Richard hath not done, performed, or fulfilled all things in the said indenture on his part and behalf to be done and performed: in fact the said plaintiff saith, that the said Richard, during the said term of four years in the said indenture mentioned, to wit, on the twenty-seventh day of March, A.D. 1756 aforesaid, at Lancaster aforesaid, without the license, and against the will of the said plaintiff, dismissed and put away the said plaintiff from and out of the said service of the said defendant, and from thence until the end of the said term of four years, wholly refused to permit him to be in the said service of the said defendant, against the form and effect of the said indenture, and of the aforesaid covenant of the said Richard made in that behalf as aforesaid: And the said plaintiff further says, that the said Richard, during all or any part of the said term of four years, did not teach and instruct, or cause to be well and sufficiently taught and instructed, the said plaintiff in the said trade and business of a soapboiler and tallow-chandler, after the best way and manner that he could, according to the form and effect of the said indenture, but therein wholly failed and made default, contrary to the form and effect of the aforesaid indenture of the aforesaid covenant of the aforesaid defendant, so made in that behalf as aforesaid: And the said plaintiff further says that the said Richard did not, during great part of the said four years, from and continually after the said twenty-seventh day of March, in the A.D. 1756 aforesaid, until the end of the said term of four years, or during any part of that time, find or provide for the said plaintiff sufficient, or any meat, drink, washing, or lodging, but during all that time refused so to do, contrary to the form and effect of the said indenture of his said covenant so made in that behalf as aforesaid; and so (concluding as in Form No. 2034).1

cc. FOR NOT PAYING WAGES.

Form No. 2041.

(Precedent in 3 Wentw. Pl. 427.)

(Commencing as in Form No. 2035, and continuing down to*): It

1. For the plea to this declaration, see Form No. 2046, infra.

is witnessed that the said plaintiff, by the name and description of John Wood, of Ensham, in Oxfordshire, with the consent of his father William Wood, put himself apprentice to the said defendant by the name and description of Captain John Bell, of Wapping, to learn his art with him after the manner of an apprentice, to serve from the date of the said indenture unto the full end and term of four years from thence next following, to be fully complete and ended; during which term the said apprentice (here were recited the conditions in the indenture).1 And the said Captain John Bell, his said apprentice in the same art of a mariner, which he used by the best means that he could, should teach and instruct, or cause to be taught and instructed, finding unto his said apprentice sufficient meat, drink, and lodging, during the said term, and also pay him five pounds for the first year, six pounds for the second year, seven pounds for the third year, and ten pounds for the fourth year, and for the true performance of all and every the said agreements, either of the said parties did bind himself unto the other by the said indenture, as by the said indenture, relation being thereunto had, may more fully and at large appear: And the said plaintiff in fact says, that the said plaintiff, by virtue of the said indenture afterwards, to wit, on the same day and year aforesaid, at London aforesaid, in the parish and ward aforesaid, entered and was received into the service of the said defendant, to serve the said defendant as such apprentice in the art aforesaid, during the said term in the said indenture mentioned, and that he the said plaintiff staid and continued in the said service of the said defendant from thence for and during part of the said term of four years in the said indenture mentioned, to wit, until the first day of April, A.D. 1782, to wit, at London aforesaid, in the parish and ward aforesaid, and was then and there ready and willing, and offered to be and continue in the said defendant's service, and to serve him as an apprentice in the art aforesaid from thence until the end and expiration of the said term of four years in the said indenture mentioned, and to perform and fulfil every thing in the said indenture contained on his part and behalf as such apprentice to be done, performed, and fulfilled: Yet the said plaintiff in fact says, that the said defendant afterwards, and during the continuance of the said term, to wit, on the same day and year last aforesaid, at London, in the parish and ward aforesaid, without the license, and against the will of the said plaintiff, discharged the said plaintiff from and out of the service of him the said defendant, and kept and continued the said plaintiff so as aforesaid discharged from and out of the service of him the said defendant from thence until the end and expiration of the said term in the said indenture mentioned, and during all that time refused to permit and suffer the said plaintiff to be and continue in the service of him the said defendant, and to teach and instruct, or cause to be taught and instructed, the said plaintiff in the art of a mariner, by the best means that he the

1. See the clause between and ++ in Form No. 2034, supra.

said defendant could, contrary to the form and effect of the said indenture, and of the said covenant of the said defendant by him. made as aforesaid: And the said John Wood further in fact says, that the said defendant did not find for the said plaintiff, his said apprentice, sufficient meat, drink, or lodging, during the said term of four years in the said indenture mentioned, as he ought to have done according to the indenture, but during a great part of the said term, to wit, from the said first day of April, A.D. 1782, aforesaid, until the end and expiration of the said term wholly neglected and refused so to do, and therein wholly failed and made default, contrary to the form and effect of the said indenture, and of the said covenant of the said defendant so by him made in this behalf as aforesaid: And the said plaintiff further in fact says, that the said defendant hath not at any time from the making of the said indenture, hitherto paid, or caused to be paid to the said plaintiff the said five pounds for the first year, six pounds for the second year, seven pounds for the third year, and ten pounds for the fourth year of the said term of four years in the said indenture mentioned, or any or either of those sums of money, or any part thereof; but the said several and respective sums of money above mentioned are and each of them is still in arrear and unpaid from the said defendant to the said plaintiff, contrary to the form and effect of the said indenture, and of the covenant of the said defendant so by him made in this behalf as aforesaid; and so (concluding as in Form No. 2034).

dd. FOR NOT FURNISHING HIM WITH SUITABLE FOOD.

Form No. 2042.

(Precedent in 3 Wentw. Pl. 433.)1

(Commencing as in Form No. 2035, and continuing down to *) the said Joseph did put himself apprentice to the said John, by the name of John Colgate Cripps, citizen and vintner of London, to learn his art, and with him after the manner of an apprentice to serve from the day of the date of the said indenture, until the full end and term of seven years from thence next following to be fully complete and ended; during which term the said apprentice (here were set out the conditions of the indenture); and the said master, that is to say, the said John Colgate Cripps, in consideration of the service of his said apprentice in the same art and mystery which he used, by the best means that he could should teach and instruct, or cause to be taught and instructed, finding unto his said apprentice meat, drink, lodging, and all other necessaries, during the same term, performance of all and every the said covenants and agreements, either of the said parties bound themselves unto the other by the said indenture, as by the said indenture, relation being thereto had, will more fully appear: And the said Joseph in fact further

1. See also the precedents in 3 Chit. Pl. 311, and Humph. Prec. 709, 711.

2. See the clause between and t in Form No. 2034, supra,

says, that although he the said Joseph on the said seventh day of October, A.D. 1772, entered and was received into the service of the said John Colgate Cripps, and continued to serve the said John Colgate Cripps as such apprentice as aforesaid, for and during the said term of seven years, in the said indenture mentioned, according to the tenor and effect of the said indenture; yet the said Joseph in fact further says that the said John Colgate Cripps did not find unto him the said Joseph meat, drink, lodging," and all other necessaries, during the said term, according to the tenor and effect of the said indenture, and of the covenant of the said John Colgate Cripps in that behalf made as aforesaid, but on the contrary, he the said Joseph says that although he the said Joseph during the said term, to wit, on the fifteenth day of November, A.D. 1775, at London aforesaid, became and was sick, ill, and indisposed, and so for a long time during the aforesaid term did continue, whereof the said John Colgate Cripps had notice, to wit, at London aforesaid; and although according to the tenor and effect of the aforesaid indenture, the said John Colgate Cripps ought to have found unto the said Joseph for and during such sickness and indisposition, certain necessary medicines and medical assistance; yet the said Joseph avers that the said John Colgate Cripps did not nor would find unto him the said Joseph such necessary medicine and medical assistance for and during his aforesaid sickness. and indisposition, but refused and neglected so to do, and therein. wholly failed and made default, contrary to the tenor and effect of the aforesaid indenture, and of the aforesaid covenant of the said John Colgate Cripps in that behalf, to wit, at London aforesaid, whereby he the said Joseph was forced and obliged to find and pay for such medicines and medical assistance himself, and on that occasion to lay out and expend divers sums of money, amounting in the whole to a large sum of money, to wit, the sum of thirty pounds of lawful money of Great Britain, to wit, at London aforesaid. so (concluding as in Form No. 2034).

b. Pleas.

(1) THAT MASTER DID Instruct.

Form No. 2043.

(Precedent in 3 Wentw. Pl. 425.)

And

In the King's Bench.

Trinity Term, 27 Geo. III.1

William Organ

ats.

John Bayley.

And the defendant, by Andrew Bacon his attorney, comes and defends the wrong and injury, when, etc.;2 and as to the said

1. For the formal parts of a plea in a particular jurisdiction, consult the title PLEAS.

2. See vol. I, p. 184, note 3.

breach of covenant first above assigned, says, that the said John Bayley, the plaintiff, ought not to have or maintain his aforesaid action thereof against him;* but he saith, that the said William hath, since the day of the date of the said indenture, diligently taught, instructed, and informed the said John Bayley, the plaintiff, in the aforesaid art of a fishmonger, and in the aforesaid art of a cork-cutter, according to the form and effect of the said indenture, and of the covenant of the said William in that behalf made as aforesaid; and of this he the said William Organ puts himself upon the country. And defendant, for further plea in bar as to the said breach of covenant first above assigned, by leave of the court here, for this purpose first had and obtained, according to the form of the statute in such case made and provided, says, that the said John Bayley ought not to have or maintain his aforesaid action thereof against him; but he says, that after the making of the aforesaid indenture, to wit, on the seventh of October, 1775, the said John Bayley, the plaintiff, entered into the service and employment of the said William in the aforesaid arts of a fishmonger and cork-cutter, and attended the said William for instruction therein for a long space of time, to wit, for the space of one year then following; and that afterwards, on the seventh day of October, A.D. 1776, and from thenceforth until the day of suing out the original writ of the said John Bayley, the plaintiff, at Bristol aforesaid, he the said John Bayley, the plaintiff, absented himself from the service. and employment aforesaid of the aforesaid William, and neglected to attend the said William in the arts aforesaid: And the said William further says, that from the time when the said John Bayley, the plaintiff, first entered into the service and employment of the said William in the arts above mentioned, until the time of his absenting himself therefrom, and neglecting to attend the said William therein as aforesaid, he the said William did teach, instruct, and inform the said John Bayley, the plaintiff, in the aforesaid art of a fishmonger, and in the aforesaid art of a cork-cutter, according to the form and effect of the said indenture of the covenant of the said William in that behalf made as aforesaid; and this the said William Organ is ready to verify: wherefore he prays judgment if the said John Bayley ought to have or maintain his aforesaid action thereof against him, etc.1

(2) THAT MASTER DID PROVIDE BOARD.

Form No. 2044.

(Precedent in 3 Chit. Pl. 498.)

(Commencing as in Form No. 2043, and continuing down to *) because he says, that he the said John continually after the making of the said articles, until the said supposed dismissal and discharge of the said Richard by the said John from his service at Bristol

1. This plea was in answer to a declaration to be found in Form No. 2039, supra.