2d Count. 3d Count. Plea, that he vo ed himself. of March, A. D. 1756: And the faid plaintiff further faith, that although he the faid plaintiff hath always, from the time of the making of the faid indenture hitherto well and faithfully done, performed, and fulfilled every thing in the faid indenture contained on his part and behalf to be performed and fulfilled; yet protesting that the faid Richard hath not done, performed, or fulfilled all things in the faid indenture on his part and behalf to be done and performed; in fact the faid plaintiff faith, that the faid Richard, during the faid term of four years in the faid indenture mentioned, to wit, on the twenty-feventh day of March, A. D. 1756 aforefaid, at L. aforefaid, without the licence, and against the will of the faid plaintiff, difmiffed and put away the faid plaintiff from and out of the said service of the faid defendant, and from thence until the end of the faid term of four years, wholly refufed to permit him to be in the faid service of the faid defendant, against the form and effect of the faid indenture, and of the aforefaid covenant of the faid Richard made in that behalf as aforefaid: And the faid plaintiff further fays, that the faid Richard, during all or any part of the faid term of four years, did not teach and inftruct, or caufe to be well and fufficiently taught and inftructed, the faid plaintiff in the faid trade and bufinefs of a foap-boiler and tallow-chandler, after the best way and manner that he could, according to the form and effect of the faid indenture, but therein wholly failed and made default, contrary to the form and effect of the aforefaid indenture of the aforefaid covenant of the aforefaid defendant, fo made in that behalf as aforefaid: And the faid plaintiff further fays, that the faid Richard did not, during great part of the faid four years, from and continually after the faid twenty-feventh day of March, in the A. D. 1750 aforefaid, until the end of the faid term of four years, or during any part of that time, find or provide for the faid plaintiff fufficient, or any meat, drink, washing, or lodging, but during all that time refufed fo to do, contrary to the form and effect of the faid indenture of his faid covenant fo made in that behalf as aforefaid; and fo the faid plaintiff faith, that the faid defendant (although, &c.) hath not kept with plaintiff his covenants aforefaid. Damages ten pounds. And the faid Richard, by A. B. his attorney, comes and deluntarily abfent fends the wrong and injury, when, &c. and as to the first breach of covenant above affigned, fays, that the faid Bernard ought not to have or maintain his aforefaid action thereof against him; because he fays, that the faid B. on the faid twenty-feventh day of March, A. D. 1756 aforefaid, in the aforefaid breach above affigned mentioned, at Lillington aforefaid, voluntarily, and of his own free will did depart and abfent himself from the fervice of the faid defendant, and voluntarily of his like own free will continued abfent from the fervice of the faid defendant, from thence until the end and term of four years, without this, that the faid Richard, without the licence and against the will of the faid plaintiff, difmiffed and put away the faid plaintiff from and out of the faid fervice of the faid defendant, as the faid plain tiff hath above in his faid deed in that behalf alledged; and (a) This I think should be in, though Mr. Warren left it out; but that might be occafioned by the nature of the cafe, which was, the apprentice would have returned,but having been guilty of felony, J. MORGAN. MIDDLESEX, to wit. Jane Goadley complains of Robert Covenant on an Hall, being, &c. cf a plea of breach of covenant; for that where- indenture of apas by certain indenture of apprenticeship made on the twelfth prenticeship day of September, A. D. 1783, to wit, at Weftminster, in the against the facounty of Middlefex aforefaid (one part of which indenture, fealed ther, for nonwith the feal of the faid Robert, fhe the faid Jane now brings here the daughter's performance of into court, the date whereof is the day and year aforefaid), it is covenant. witneffed (amongst other things) that Mary Hall, daughter of the faid Robert (by the name and addition of Robert Hall, of the parish of Iflington, Middlesex), did put herself apprentice to the faid Jane (by the name and addition of Jane Goadley, of the city of Bath, Somerfetfhire), to learn her art, alfo to affift in the family bufinefs, fuch as washing, ironing, &c. and with her VOL. III. E e (after (after the manner of an apprentice) to ferve 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 the said apprentice her miftrefs faithfully fhould ferve, her fecrets keep, her lawful commands every where gladly do; that the fhould not haunt taverns or playhouses, nor absent herself from her faid miftrefs's fervice day or night unlawfully, but in all things as a faithful apprentice fhould behave herfelf towards her faid miftrefs, and all hers, during the faid term; and for the true performance of all and every the faid covenants and agreements, either of the faid parties did become bound unto the other by the faid indenture, as by the faid indenture (relation being thereunto had) will (amongst other things) more fully and at large appear; by virtue of which faid indenture the faid Mary Hall afterwards, to wit, on the faid twelfth day of September, in the year aforefaid, at Westminster, in the county of Middlefex aforefaid, entered, and was then and there received into the fervice of the faid Jane as her apprentice, and remained and continued in fuch fervice, under and by virtue of the faid indenture, for a long space of time, to wit, from the day and year laft aforefaid, until and upon the day of, in the year of Our Lord 17, to wit, at Weftminster, in the county of Middlefex aforefaid; and although fhe the faid Jane hath always, from the time of the making the faid indenture hitherto, well and truly performed, fulfilled, and kept the fame in all things therein mentioned and contained on her part and behalf to be performed, fulfilled and kept, according to the tenor and effect, true intent and meaning of the faid indenture, to wit, at Westminster, in the county of Middlefex aforefaid: Yet, protesting that the faid Robert hath not performed, fulfilled, or kept any thing in the faid indenture 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 faid Jane in fact faith, that the faid Mary Hall did not nor would faithfully ferve the faid Jane, according to the tenor and effect, true intent and meaning of the faid indenture; but on the contrary thereof, fhe the faid Mary Hall did, during the faid term, to wit, on the faid day of in the year laft aforefaid, at Weft minster, in the county of Middlefex aforefaid,, unlawfully abfent herself, and hath from thence hitherto remained and continued unlawfully abfent from the service of the faid Jane, contrary to the tenor and effect of the faid indenture, and of the covenants in that behalf made as aforefaid: And fo the faid Jane in fact faith, that the faid Robert (although often requested), hath not kept the faid covenants fo by him made with the faid Jane, in manner and form aforefaid, but hath broken the fame, and to keep the fame with the faid Jane hath hitherto wholly refufed, and still refufes fo to do, to the damage of the faid Jane of pounds; and therefore she brings her fuit, &c. Pledges, &c. Drawn by MR, TIDD. Vide Branch. Emington, Doug 5c0, and Whitby v. Loftus, B. R. M. 10. G. I 8. Mod. 190. Trinity Term, 30. Geo. 3. prenticeship, by a not bufinefs, and of is LANCASHIRE, to wit. Barton Shuttleworth, clerk, com- Declaration in plains of James Hargreaves, being, &c. of a plea of covenant bro- B. R. in coveken; for that whereas by certain articles of agreement indent- nant on an ined, made, concluded, and agreed upon the fixteenth day of Octo- denture of apber, in the year of Our Lord 1789, at Rochdale, in the county the father of the of Lancaster aforefaid, between the faid B. S. the now plaintiff, apprentice and B. S. his fon, of the one part, and the faid J. H. of the other gainst his maspart, and fealed with the refpective feals of the faid B. S. the now ter, for plaintiff, and B. S. the fon, and the faid James, and bearing date teaching him the the fame day and year aforefaid (which faid articles of agreement difmiffing him. now remain in the cuftody and poffeffion of the faid James, and there- States that the fore the faid B. S. the now plaintiff, cannot bring the fame here indenture into court), the faid B. S. the fon, of his own free will, and with apprentice the consent of the faid B. S. his father, the now plaintiff, did put, in defendant's place, and bind himfelf apprentice to the faid J. H. to ferve him in cuftody, therefore plaintiff his art, mystery, or bufinefs of a furgeon, apothecary, and mid- cannot produce wife, from the day of the date of the faid articles, for and during it in court. the full end and term of four years from thence next ensuing, and that he the faid B. S. the fon, fhould and would, during the faid term, keep the fecrets of his faid mafter, and should not, nor would not, during the faid term, embezzle or miflpend any of his faid master's money or goods, nor absent himself from his service at any time without his confent, but in all refpects behave himself as a good and faithful apprentice ought to do; and the faid J. H. in confideration of fuch apprenticeship, and alfo in confideration of fifty-two pounds ten fhillings of lawful money of Great Britain to him in hand paid, by the faid B. S. the father, on or before the fealing and delivery of the faid articles, the receipt whereof he did thereby acknowledge, did for himself, his heirs, executors, and administrators, that he the faid J. H. fhould and would, at all times during the term aforefaid, teach and inftruct, or caufe and procure to be taught and inftructed in the art, mystery, or business of a furgeon, apothecary, and midwife, and in all things incident and belonging thereto, in fuch manner as he the faid J. H. then, or at any time during the faid term, fhould use, practise, or deal in the fame; and alfo that he the faid J. H. fhould and would, during the faid term, find and provide for the faid B. S. the fon, good and fufficient meat, drink, and lodging, fit for fuch an apprentice (as by the faid articles of agreement, relation being thereunto had may more fully appear): And the faid B. S. the father, in The fon entered fact fays, that the faid B. S. the fon, by virtue of the faid articles, into defendant's afterwards, to wit, on the feventeenth day of October, in the fervice. year aforefaid, at R. aforefaid, in the county aforefaid, entered and was received into the fervice of the faid James, to ferve him the faid James as fuch apprentice as aforefaid, during the faid term of four years, in the faid articles mentioned, and flaid and continued in the faid fervice of the faid James, as fuch apprentice as aforefaid, for and during part of the faid term in the faid indenture mentioned, to wit, until and upon the first day of April, in the Ee 2 year ift Breach, did year of Our Lord 1790, to wit, at, R. aforefaid: Yet the faid not inftruct the James did not, during the faid time that the fald B. S. the fon, fo apprentice. was and continued in his faid fervice as fuch apprentice as aforefaid, teach or inftruct the faid B. S. the fon, or caufe or procure him to be taught or inftructed in the art, mystery, or business of a furgeon, apothecary, and midwife, or either of them, or in all or any of the things incident or belonging thereto, in fuch manner as he the faid James did, during that time ufe, practife, and deal in the fame, or in any other manner whatsoever; but wholly omitted and refufed fo to do, and therein wholly failed and made default, contrary to the form and effect of the faid articles, &c. of the faid covenant of the faid James, fo by him made in that behalf as aforefaid, and in manifeft breach thereof: And the faid B. S. the father, further in fact fays, that although the faid B. S. the fon, hath always, during the faid term, been defirous of remaining and continuing in the faid fervice of the faid James, as fuch apprentice as aforefaid, for and during, and until the end and expi ration of the faid term of four years in the faid articles mentioned, ad Breach, turn to wit, at R. aforefaid: Yet the faid James afterwards, and long ed the appren before the expiration of the faid term of four years in the said artice away, and ticles mentioned, to wit, on the faid firft day of April, in the year did not inftruct laft aforefaid, at R. aforefaid, without the licence or confent, and or provide him with board and againft the will of the faid B. S. the fon, difcharged and Jodging. difmiffed the faid B. S. the fon from and out of the fervice of him the faid James, and kept and continued him fo difmiffed and discharged out of his faid fervice from thence hitherto, and during all that time wholly refused to permit or fuffer the faid B. S. the fon, to remain, continue, or be in his fervice as fuch apprentice as aforefaid, and hath not, during any part of the faid laft-mentioned time, taught or inftructed the faid B. S. the fon, or caufed and procured him to be taught and inftructed in the faid art, mystery, and bufinefs of a furgeon, apothecary, and midwife, or any part thereof, or in all or any of the things incident or belonging thereto, in manner as he the faid James uses, practises, and deals in the fame, or in any other manner; neither hath the faid James, during any part of the faid last-mentioned time, found or provided for the faid B. S. the fon, good and fufficient meat, drink, and lodging, fit for fuch an apprentice, or any other meat, drink, or lodging, or any part thereof, but hath altogether omitted and refused fo to do, and hath therein wholly failed and made default, contrary to the form and effect of the faid articles of the faid James fo by him made in that behalf as aforefaid, and in manifeft breach thereof; and fo the faid B. S. the father fays, that the faid James (although often thereto requested), hath not kept with him the faid B. S. the father, the aforefaid covenant made with him the faid James as aforefaid, but hath broken the fame; and to keep the fame with the faid B. S. the father, the faid James hath hitherto altogether refused, and still refuses, to the damage of the faid B. S. the father, of one hundred pounds; and therefore he brings his fuit, &c. Pledges, &c. Condition. |
