INFORMER.

at, &c. aforesaid, indorsed the said note, by which said indorsement he the said BY COMMON G. H. then and there ordered and appointed the said sum of money, in the said note specified, to be paid to the said A. B. or his order, and then and there delivered the said note, so indorsed as aforesaid, to the said A. B. [then another indorsement by A. B. to I. K. was stated ;] and the said note being so made and indorsed, as aforesaid, afterwards, and after the said 29th day of September, in the year of our Lord 1714 aforesaid, and before the exhibiting of the bill of the said A. B. who sues as aforesaid, against the said C. D. to wit, on, &c. at, &c. aforesaid, it was corruptly, and against the form of the statute in such case made and provided, agreed by and between the said C. D. and the said I. K. that the said C. D. should lend and advance to the said I. K. the sum of £-, of lawful, &c. and that the said C. D. should forbear and give day of payment thereof unto the said I. K. from the lending and advancing thereof until the said promissory note should become due and payable, according to the tenor and effect thereof, and that the said I. K. should buy of the said C. D. and that the said C. D. should sell and deliver to the said I. K. divers, to wit, 20 casks of butter, being then and there of small value, to wit, of the value of £-, of lawful, &c. as he the said C. D. then and there knew, for which said casks of butter the said I. K. should pay to the said C. D. a much larger sum of money than the said real value of the said casks of butter, and the said sum of £-, to wit, the sum of £-, of like lawful money; and that, for the forbearing and giving day of payment of the said sum of £-, by the [ *513] said C. D. to the said I. K. as aforesaid, the said C. D. should take, accept, and receive, of and from the said I. K. a certain sum of money, to wit, the sum of £—, of lawful, &c. being the difference between the real value of the said casks of butter and the said sum of £-, so as aforesaid to be paid for the same, and that the said C. D. should also take, accept, and receive for such forbearance, the further sum of £—, of like lawful money, and that for securing the payment of the said sum of £-, so to be lent and advanced by the said C. D. as aforesaid, and of the said sum of £-, the said I. K. should deliver to the said C. D. the said promissory note, so made and indorsed as aforesaid; and the said A. B. who sues as aforesaid, avers, that, in pursuance of the said corrupt and unlawful agreement, he the said C. D. did afterwards, to wit, on, &c.(d) and on divers other days and times, between that day and the 22d day of November then next following, at, &c. aforesaid, lent and advanced to the said I. K. divers sums of money, in the whole amounting to a large sum of money, to wit, the sum of £-, of lawful, &c. and did forbear and give day of payment thereof to the said I. K. from the lending and advancing thereof, until the said promissory note did become due and payable, according to the tenor and effect thereof; and that, in further pursuance of the said corrupt and unlawful agreement, the said I. K. on the said, &c. at, &c. aforesaid, did buy of the said C. D. and the said C. D. did then and there sell and deliver to the said I. K. divers, to wit, twenty casks of butter, being then and there of small value, to wit, of the value of the said sum of £—, of lawful, &c. as he the said C.

(d) The day on which the money is averred to have been advanced, is material. 4 Esp. 152.-1 Campb. 445.

BY COMMON D. then and there well knew, for which said casks of butter the sad I. K. did

INFORMER.

afterwards, to wit, on, &c. at, &c. aforesaid, pay to the said C. D. a much larger sum of money than the real value of the said casks of butter, and much more than the said sum of £-, to wit, the sum of £-, of like, &c. And the said A. B. who sues as aforesaid, further says, that for the forbearing and giving day of payment of the said sum of £-, by the said C. D. to the said I. K. as aforesaid, the said C. D. in further pursuance of the said corrupt and unlawful agreement, did then and there, to wit, on, &c. last aforesaid, at, &c. aforesaid, take, accept, and receive, of and from the said I. K. a certain sum of money, to wit, the sum of £-, of lawful, &c. being the difference between the real value of the said casks of butter, and the said sum of £-, so as [ *514 ] aforesaid paid for the same; and that afterwards, to wit, on, &c. at, &c. *aforesaid, the said C. D. in further pursuance of the said corrupt and unlawful agreement, did take, accept, and receive, for such forbearance, of and from the said A. B. the further sum of £—, of like lawful, &c.; and that for securing the payment of the said sum of £-, so lent and advanced by the said C. D. to the said I. K. as aforesaid, and of the said last-mentioned sum of £-, the said I. K. in further pursuance of the said corrupt and unlawful agreement, did, on the said, &c. at, &c. aforesaid, deliver to the said C. D. the said promissory note, made and indorsed as aforesaid, and which said promissory note he the said C. D. then and there accepted and received, of and from the said I. K. according to the said corrupt and unlawful agreement, and upon the terms thereof; and the said A. B. who sues as aforesaid, further saith, that the said sum of £, being the difference between the real value of the said casks of butter, and the said sum of £-, so as aforesaid paid for the same, together with the said sum of £-, so taken, accepted, and received by the said C. D. of and from the said A. B. in manner and for the cause aforesaid, exceed the rate of £5 the forbearing of £100 for a year, contrary to the form of the statute in such case made and provided, whereby, and by force of the statute in such case made and provided, the said C. D. forfeited for his said offence the sum of £—, being treble the value of the said sum of £-, so lent and advanced by the said C. D. to the said I. K. and so forborne as aforesaid, and thereby, and by force of the statute in such case made and provided, an action hath accrued to the said A. B. who sues as aforesaid, to demand and have, for our said lord the king, and for himself, in this behalf, of and from the said C. D. the said sum of £—, so forfeited as aforesaid, parcel of the said sum above demanded. -[Common count for usury, as in the next precedent.]

Common count, for

usury, on 12

c. 16.

For that the said C. D. after the 29th day of September, in the year of our Lord 1714, and before the exhibiting of the bill of the said A. B. who sues as Anne, st. 2. aforesaid, against the said C. D. to wit, on, &c. at, &c. upon a certain corrupt contract, made after the said 29th day of September, which was in the year of our Lord 1714 aforesaid, to wit, on, &c. at, &c. aforesaid, between the said C. D. and one E. F. took, accepted, and received, of and from the said E. F. a certain sum of money, to wit, the sum of £-, of lawful, &c. by way of corrupt bargain and loan, for the said C. D. forbearing and giving, and having

INFORMER.

forborne *and given day for payment of a certain sum of money, to wit, the BY COMMON sum of £—, of like lawful money, theretofore, to wit, on, &c. aforesaid, at, &c. aforesaid, lent and advanced by the said C. D. to the said E. F. (or “due and owing from the said E. F. to the said C. D.") from the said, &c. until and upon the said day of, &c. then next following, which said sum of £— so taken, accepted, and received, by the said C. D. of and from the said E. F. in manner and for the cause aforesaid, exceeds the rate of £5, for the forbearing of £100 for a year, contrary to the form of the statute in such case made and provided; whereby, and by force of the said statute, the said C. D. forfeited for the said offence, the sum of £-, being treble the value of the said sum of £-, so lent and advanced by the said E. F. to the said C. D. and so forborne as aforesaid; and thereby, and by force of the said statute, an action hath accrued to the said A. B. who sues as aforesaid, to demand and have, for our said lord the king, and for himself, in this behalf, of and from the said C. D. the said sum of £—, parcel of the said sum above demanded.

For that

The like for the sum for

usury where

borne was

paid at dif

said C. D. after the 29th day of September, which was in the year of our Lord 1714, and before the exhibiting of the bill of the said A. B. who sues as aforesaid, against the said C. D. to wit, on, &c. at, &c. upon a certain corrupt contract, made after the said 29th day of September, which was in the ferent times. year of our Lord 1714 aforesaid, to wit, on, &c. aforesaid, at, &c. aforesaid, between the said C. D. and one E. F. took, accepted, and received, of and from the said E. F. a certain sum of money, to wit, the sum of £1. 1s. of lawful money of Great Britain, by way of corrupt bargain and loan, for the said C. D.'s forbearing and giving, and having forborne and given day of payment of a certain sum of money, to wit, the sum of £22, of like lawful money, theretofore, to wit, on, &c. at, &c. aforesaid, lent and advanced by the said C. D. to the said E. F. from the time of lending and advancing the same, until and upon, &c. when a part of the said sum of £22, to wit, the sum of £15. 11s. part thereof was paid and satisfied, and also for the forbearing and giving, and having forborne and given, day of payment, of the sum of £6. 98. of like lawful money, residue of the said sum of £22, upon, and from the day and year last aforesaid, until and upon, &c. when a part of the said sum £6. 9s. to wit, the sum of £3, part thereof, was paid and satisfied, and also for the forbearing *and giving, and having [ #516 ] forborne and given, day of payment of the sum of £3. 9s. of like lawful money, residue of the said sum of £6. 9s. upon and from the day and year last aforesaid, until and upon, &c. which said sum of £1. 18. so taken, accepted, and received by the said C. D. of and from the said E. F. in manner and for the cause aforesaid, exceeds the rate of £5, for the forbearing of £100 for a year, contrary to the form of the statute in such case made and provided; whereby, and by force of the said statute, the said C. D. forfeited for his said offence, the sum of £66, of like lawful money, being treble the value of the said sum of £22, so lent and advanced by the said C. D. to the said E. F. and so forborne as aforesaid, and thereby and by force of the said statute in such case made and provided, an action hath accrued to the said A. B. who sues as aforesaid, to demand and to have for our said lord the king, and for himself in this behalf, of and for the said C. D. and the said sum of £66, so forfeited as aforesaid, parcel of the said sum above demanded.

Against the

apprentice, for the ap

prentice ab

[ *518 ]

to wit. A. B. complains of C. D. being in the custody of the marfather of an shal of the Marshalsea(g) of our lord the now king, before the king himself, of a plea of breach of covenant. For that whereas, heretofore, to wit, on, &c. (h) senting him- at, &c. (venue) by a certain indenture of apprenticeship(i) then and there self(e). made, (one part of which said indenture(k), sealed *with the seal of the said defendant, the said plaintiff now brings here into court, the date whereof is the same day and year aforesaid,) one E. F. did put himself apprentice to the said plaintiff to learn his art, trade, and mystery of a — and with him (after the manner of an apprentice) to serve from the date thereof unto the full end and term of [seven] years from thence next following, to be fully complete and ended, during which term is was thereby covenanted and agreed, that the said apprentice his said master faithfully should serve, his secrets keep, his lawful commands every where gladly do, and that he should not haunt taverns or playhouses, nor absent himself from his said master's service day or night unlawfully, but in all things as a faithful apprentice should behave himself towards his said master, and all his, during the said term. And for the true performance by the said E. F. of all and every the covenants and agreements therein contained on the part and behalf of the said E. F. to be performed and fulfilled, the said defendant thereby bound himself unto the said plaintiff(). As by the said indenture, reference being thereunto had, will (amongst other things) more Entry of ap- fully and at large appear. By virtue of which said indenture the said E. F. prentice inLo service. afterwards, to wit, on the said, &c. at, &c. (venue) aforesaid, entered, and was

Reference

to`ndenture.

(e) See forms of declarations by and against apprentices, Morg. 480, 550.-Pl. A. 316; and other forms, indexed in 5 Wentw. 112, 132. See the law in general, 1 Burn, J. 26th edit. tit. Apprentices." A father cannot, against his infant son's consent, bind him as an apprentice, 3 B. & A. 584. An action of covenant cannot be supported against an infant apprentice. Cro. Car. 179.-6 T. R. 557.-It should therefore be against the party who covenanted for the infant's due performance of the indenture. The usual words of the indenture amount to a covenant. Doug. 518. -8 Mod. 190.-Com. Dig. tit. "Covenant," A. 2. It is no defence, that the defendant's son, after becoming of age, avoided the indenture, though he properly served till that time. 3 B. & A. 59. The master cannot dismiss apprentice from his service, though the apprentice misbehave himself. 1 B. & C. 460.-2 D. & R. 465, S. C. But if the apprentice quit the service, and refuse to return, or prevents himself from returning, and the master is not requested to receive him back,

the master is not liable for not receiving and taking care of him, 6 B. & C. 680; and see the pleadings there.

(f) As to title, see ante, 12, note(a).

(g) See forms by original, &c. ante, 10, 18, 20. (h) A deed may be stated in pleading to have been made on a day different from its date, omitting the words "bearing date, &c." 4 East, 477; but it is most usual to insert the date.

(i) As to the binding by indenture, see 1 Nolan's Poor Laws, 311.-Co. Lit. 145 b. Burn, J. tit. " Apprentice."

(k) A profert, or an excuse for the want of it must in general be stated, or the declaration will be bad on special demurrer, 4 Anne, c. 16. If a profert be stated, and the deed cannot be produced, plaintiff will be nonsuited on the plea of non est factum, 4 East, 585. As to proferts in general, see 1 Saund. 9. note 1.-Ante, 439.-Index, vol. i. tit." Profert."

(1) Ante, 517, note (e). This amounts to a covenant, Dougl. 518.-8 Mod. 190.

AGAINST

APPREN

then and there received into the service of the said plaintiff as such apprentice BY MASTER as aforesaid, and remained and continued in such service, under and by virtue FATHER OF of the said indenture, for a long space of time, to wit, from the day and year last TICE. aforesaid, until, and upon, &c. [or, from thence hitherto] to wit, at, &c. (venue) aforesaid. And although he(m), the said plaintiff, hath always, from the time General of the making of the said indenture, hitherto well and truly performed, fulfilled, performance and kept all things therein mentioned and contained, on his part and behalf to be performed, fulfilled, and kept, according to the tenor and effect, true intent and meaning thereof, the said plaintiff in fact saith, that the said E. F. did not nor would faithfully serve the said plaintiff according to the tenor and effect, true intent and meaning of the said indenture; but on the contrary thereof, he the Breach. said E. F. during the said term, to wit, on, &c. at, &c. (venue) *aforesaid, did [ *519 ] unlawfully absent himself, and hath, from thence, hitherto remained and continued absent from the service of the said plaintiff contrary to the tenor and effect of the said indenture, and of the said covenant of the said defendant in that behalf made as aforesaid. And so, the plaintiff in fact saith (n), that the Usual consaid defendant (although often requested so to do) hath not kept the said covenant so by him made as aforesaid, but hath broken the same, and to keep the same with the said plaintiff hath hitherto wholly neglected and refused, and still doth neglect and refuse, to the damage of the said plaintiff of £—(6), and therefore brings his suit, &c.

clusion,

TICE AGAINST

MASTER. Covenant by the apprentice on

his indenture(p).

[See commencement in covenant, as ante, 517.] For that whereas, hereto- BY APPRENfore, to wit, on, &c. at, &c. (venue) by a certain indenture tripartite, then and there made between O. S. of, &c. gentleman, of the first part, the said plaintiff by the name of S. the son of the said O. S. of the second part, and the said defendant by the name of, &c. of the parish of P. in the said county, apothecary, of the third part (one part of which said indenture, sealed with the seal of the said defendant, he the said plaintiff now brings here into court, the date whereof is the same day and year aforesaid), he the said plaintiff of his own free will, and by and with the consent and approbation of his said father, testified by his being made a party thereto, and by his signing and sealing thereof, did put and bind himself an apprentice to and with the said defendant to learn his art, and with him, after the manner of an apprentice, to serve from the day and year aforesaid, for and during, and until the full end and term of seven years from thence next ensuing, and fully to be complete and ended; during which said term, the said apprentice his master should and would faithfully serve, his secrets *keep, [ *520 ] all his lawful and honest commands every where gladly do, he should do no damage to his said master, nor see it to be done by others, but to his power should prevent, or forthwith give notice to his said master of the same; the goods of

(m) This general averment of performance by the plaintiff is unnecessary. 1 Saund. 235, n. 5. -Rep. temp. Hardw. 343, 4.-2 Mod. 309.

(n) This statement is unnecessary, there being a breach of covenant alleged before, it is holden unnecessary to make a repetition of it in the conclusion, 1 Saund. 235, n. 7.

(0) In all declarations in covenant, a sum should be inserted sufficient to cover the real demand and VOL. II. 51

interest till the time of final judgment.

(p) See this form, Pl. A. 316. It is not framed precisely according to the modern language of pleading, but may readily be adapted. See other precedents, by apprentices, 3 Wentw. 324, 312, 419, 427, 433. See a form of declaration by the father against the master, 6 B. & Cres. 680. As to the validity of the deed, see 16 East, 13, and Chitty's Law of Apprentices,