version to the said A B, whereby the said A B became and was possessed() of the said reversion of and in the said demised premises, with the appurtenances, to wit, at, &c. afore said. And being so possessed, &c [Commencement as ante, 191. and note (c).] deeds. senting him For that whereas heretofore, to wit, on, &c. at, &c. by a cer- On apprentice tain indenture of apprenticeship(r) then and there made, (one Against the part of which said indenture, sealed with the seal of the said father of an apprentice, CD, the said A B now brings here into court, the date where- for the apof is the same day and year aforesaid,) one E F did put him- prentice ab self apprentice to the said A B, to learn his art, trade and mys- self.(g) tery 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 it 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 * 234 21. (p) Ante, 215, 216. and 2 Saund. must be for seven years, and if it be (9) See the various precedents of declarations and pleas, by and against apprentices, indexed in 5 Went. 112. 132. 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 at the conclusion of the indenture amount to a covenant. Doug. 518. 8 Mod. 190. fit. Covenant, A. 2. for a less term, no action can be sup- () As to the binding by indenture, In detinue. 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 C D thereby bound himself unto the said A B.(8) As by the said indenture, reference being thereunto had, will (amongst other things) more fully and at large appear. By virtue of which said indenture the said E Fafterwards, to wit, on the said, &c. at, &c. aforesaid. entered, and was then and there received into the service of the said AB as such apprentice as aforesaid, and remained and continued in such service under, and by virtue of the said indenture, for a long space of time, to wit, from the day and year last aforesaid, until and upon, &c. to wit, at, &c. aforesaid. And although he the said A B hath always, from the time of the making of the said indenture, hitherto well and truly performed, fulfilled 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 A B in fact saith, that the said E F did not, nor would, faithfully serve the said A B, according to the tenor and effect, true intent and meaning of the said indenture; but on the contrary thereof, he the said E F during the said term, to wit, on, &c. at, &c. aforesaid, did unlawfully absent himself, and hath, from thence, hitherto remained and continued absent from the service of the said A B contrary to the tenor and effect of the said indenture, and of the said covenant of the said CD in that behalf made as aforesaid, and so, &c. [Same conclusion as ante, 194.] (s) Ante, 233. n. (9). This amounts to a covenant, Doug. 518. 8 Mod. 199. 235 IV. DECLARATIONS IN DETINUE. Markham and Le Blanc. next after in Trinity Term, 47 Geo. III. a bailment to request.(a) (b) (to wit.) A B complains of CD being in the cus- First count on tody of the marshal of the marshalsea of our lord the now redeliver on king, before the king himself, of a plea, that he render to the said A B certain goods and chattels (or, " deeds and writings," according to the fact) of great value, to wit, of the value of 1. of lawful, &c. which he unjustly detains from him.(c) For that whereas the said AB heretofore, to wit, on,(d) &c. at,(e) &c. delivered to the said C D certain goods and chattels, to wit, &c.(f) of the said A B of great *value,(g) to wit, of the value of —. of lawful money of, &c. to be redelivered by the said (a) Com. Dig. Pleader, 2 X. 2. Mode of Declaring, New Rep. 140. See the precedents in detinue, 7 Wentw. 647. 3 Wooddes. 106. 1 New Rep. 140. Willes, 119. and in trover, post. (b) The venue is transitory. Com. Dig. Action, N. 6. unless against justices of the peace, &c. (c) In C. P. the form runs," CD was summoned to answer A B of a plea that he render to the said AB certain goods or chattels (or deeds and writings) of great value to wit, &c. which he unjustly detains from him, and thereupon the said A B by E Fhis attorney, complains against the said CD, for that whereas," &c. (d) The day is not material, unless it constitute part of the contract (e) The venue being transitory, the precise place is immaterial. (f) As to the certainty necessary in the description of the chattels, 2 Saund. 74. b. Co. Lit. 286. b. Bae. Abr. Detinue, B. Com. Dig. Pleader, 2 X. 2. The date of a deed, &e, needs not be stated, 1 Wils. 116. (3) The declaration may mention the value of every particular, or of all in gross, Com. Dig. Pleader, 2 X. 2. and the latter is most usual. Formerly a distinction was taken as to price and value, in the description of animate and inanimate chattels. Cro. Jac. 130. but this is no longer attended to, Bac. Abr. Trover, F. F. N. B. 88. M. and value appears in all cases to be the preferable description. * 236 In detinue. CD to the said A B when he the said CD should be thereunto afterwards requested ;(h) yet the said C D, although he was afterwards, to wit, on, &c. at, &c. aforesaid, requested by the said AB so to do,(i) hath not as yet delivered the said goods and chattels, or any of them, or any part thereof, to the said AB but hath hitherto wholly neglected and refused, and still doth neglect and refuse so to do, and still unjustly detains Second count the same from the said A B, to wit, at, &c. aforesaid. And on a supposed finding.() whereas also the said A B heretofore, to wit, on, &c. aforesaid, at, &c. aforesaid, was lawfully possessed of certain other goods and chattels, to wit, &c. of great value, to wit, of the value of . of like lawful money as of his own property, and being so possessed thereof, he the said A B afterwards, to wit, on, &c. aforesaid, at, &c. aforesaid, casually lost the said goods and chattels out of his possession, and the same afterwards, to wit, on, &c. aforesaid at, &c. aforesaid, came to the possession of the said CD by finding ;(k) yet the said CD well knowing the said last-mentioned goods and chattels to be the property of him the said A B, and of right to belong and appertain to him, hath not as yet delivered the said last-mentioned goods and chattels, or any or either of them, or any part thereof, to the said AB, although often requested so to do, but hath hitherto wholly refused so to do, and hath detained, and still doth detain the same from the said A B, to wit, at, &c. aforesaid. To the damage of the said A B of —1.(1) and therefore he brings his suit, &c. * 237 (4) The contract of bailment must be truly stated; see the precedents, 3 Wooddes. 106. 1 New Rep. 140. Willes, 119. (i) The precedents in 1 New Rep. 140. 5 Wooddes. 106. Willes, 119. do not state a special request; but in Willes, 118. 5 T. R. 409. this was objected to, and see the precedent in 7 Wentw. 635, 636, 637. (1) Com. Dig. Pleader, 2 X. 2. See the precedents, 1 New Rep. 140. Willes, 118. 4 T. R. 229. and the notes to the preceding count. (k) This is not traversable, 1 New Rep. 140. but quære, if the defendant originally took the goods tortiously. Selwyn's N. P. 593. Ante, vol. 1. Index, tit. Detinue. (1) As the judgment in this action is conditional to recover the specific chattel, or in case it be not forthcoming, damages for detaining the same, Cro. Jac. 682. Com. Dig. Pleader, 2 X. 12. a sum should be here inserted to cover the real value. tinue in the same declaration.(m) (to wit.) A B complains of C D being, &c. of a In detinue. plea, that he render to the said A B, the sum of. of lawful, Debt and de&c. which he owes to, and unjustly detains from him, and also that he render to him, the said A B, a certain indenture of lease of him the said A B, bearing date, &c. which he unjustly detains from him; for that whereas, [here insert the counts in debt, and the conclusion, ut ante, 144. to the words “To the damage," &c. and then insert the counts in detinue for the lease, c. as in the last precedent to the end, and conclude," To the damage," &c.] *V. DECLARATIONS IN CASE. * 238 Markham and Le Blanc. next after in Trinity Term, 47 Geo. III. (a) ver in K. B. (to wit.) A B complains of C D being in the Beginningand conclusion of custody of the marshal of the marshalsea of our lord the now a declaration king, before the king himself, of a plea of trespass on the in case or trocase, &c. For that whereas, &c. [Here state the cause of action, and conclude as follows :]-To the damage of the said A B of .(b) and therefore he brings his suit, &c. Pledges, &c. (m) That debt and detinue may be joined, see 2 Saund. 117. b. Bro. Joinder in Action, 97. and for the precedents, see Brownl. Red. 186. Rast, 150. When a defendant has in his possession, personal property, formerly of the plaintiff, and it be doubtful whether a contrast by the defendant for the purchase thereof can be proved, it is advisable to insert a count in debt for goods sold, and (a) As to the title, ante, 1. n. (a). |