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he first breach.

to his faid fervid B. Sin the art, myna

he did not, and

And the said James, by Ralph Allen his attorney, comes and Plea ift, as to defends the wrong and injury, when, &c.; and as to the breach in

“ that he did teach of covenant first above assigned, says, that the said B. S. the fa

ne ra him, and issue, ther ought not to have or maintain his aforesaid action thereof against him the said James, because he the said James faith, that he the said James did, during the said time that he the said B. S. the son was, and continued in his said service as such an apprentice as aforesaid, teach and instruct the said B. S. the son, and cause and procure him to be taught and instructed in the art, myftery, or business of a surgeon, apothecary, and midwife, and each of them, and in all things incident and belonging thereto, in such manner as he the said James did during that time use, practise, and deal in the same, according to the form and effect of the said articles, and of the said covenant of the faid James so by him made in that behalf as aforesaid, to wit, at R. aforesaid; and of this he the said James puts himself upon the country, and the said B. S. the now plaintiff doth the like: And as to so much Second, to the breach of the covenant secondly aforesaid, as relates to the dismis- charge for disa fing and discharging the said B. S. the son from and out of the miliin: him in

ľad breach, that service of the said James, and keeping and continuing him so dif- za missed and discharged for the time in the said breach in that behalf intue. mentioned, and refusing to permit or suffer the said B. S. the fon to remain, continue, or be in the service of the said James as such apprentice as aforesaid, during the time in the said breach in that behalf aforesaid; the said James saith, that the said B. S. the father ought not to have or maintain his aforesaid action thereof against him the said James, because he the said James faith, that he did not dismiss or discharge the said B. S. the son from or out of the service of the said James, or refuse to permit or suffer the faid B. S. the ion to remain, continue, or be in the service of the said James as such apprentice as aforesaid, in manner and form as the said B. S. the father hath in his said breach secondly above assigned alledged; and of this he the said James putteth himself upon the country, and the said B. S. the now plaintiff doth the like: And as to the residue of the said breach of covenant second- As to the relia ly above asiyned, the said James says, that the said B. S. the fa- due of that ther ought not to have or maintain his faid action thereof breach, that he against him, because he faith, that the said B. S. the son, on the ran away, and

i concluding with first day of April, in the year of Our Lord 1790, at R. aforelaid, in the said county, without the licence, and against the will of the said James, voluntarily and wilfully departed and absented himself from his said service, and remained and continued absent therefrom without the licence and against the will of the said James, from thence continually hitherto, contrary to the form and effect of the said indenture; by reason whereof the said James could not, during that time, or any part thereof, teach or instruct the said B. S. the lon, or cause or procure him to be taught or instructed in the art, myitery, and business of a furgeon, apothe. cary, and midwife, or any part thereof, or in all or any of the things incident or belonging thereto, in manner as he the faid Ee 3

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James used, practised, and dealt in the same, or in any other manner, or find or provide for the said B. S. the son, meat, drink, or lodging, or any part thereof; and this be the said James is ready to verify: wherefore he prays judgment if the said B.S.

the father ought to have or maintain his faid action thereof against Plea to 2d him: And for further plea in this behalf as to the said breach of

covenant secondly above alligned, by leave of the court here for plaint ff and de

z gereed this purpose first had and obtained, according to the form of the that the latter statute in that case made and provided, the said James says, that the th uld procuie said B. S. the father ought not to have or maintain his said action another, allilt thereof against him, because he says, that after the making of the said ant, plaintiff's arti

in S articles, and before the dismissing and discharging of the faid B.S. fun should leave deren jant.

the son from and out of the service of him the said James, to wit, on
the first day of April, in the year of Our Lord 1790, at R. aforesaid,
in the said county, it was agreed by and between the said B. S.
the father and the said James (amongst other things) in manner fol.
lowing, that is to say, that the said James hould, with all convenient
speed, procure another person to serve him in his said art, mystery,
and business, and that when the said James should have procured
such person, the said B. S. the son should leave the service of him
the said James, and be discharged from his said apprenticeship;
and that he the said James should not, after the procuring of such
person, be obliged to teach or instruct the said B. S. the son, or
cause and procure 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 any thing incident or belonging thereto,
or to find or provide for the said B. S. the son, any meat, drink,
or lodging, and that the said B. S. the father should not nor would
bring any action against the said James for omitting and refusing
so to do: and the said James avers, that the said agreement being
so made as aforesaid, he the faid J. in consideration and pursu:
ance thereof afterwards, to wit, on the day and year last afore-
faid, at R. aforesaid, in the said county, did procure another per-
fon to serve him in faid art, mystery, and business; wherefore the
faid James then and there dismissed and discharged the said B. S.
the lon from and out of the service of him the said J. and kept
and continued him so dismissed and discharged out of his faid ler-
vice, from thence hitherto, and during all that time wholly re-
fused to permit the said B. S. the son to remain, continue, or
be in his service, as such apprentice as aforesaid, and did not,
during any part of the said last-mentioned time, instruct the faid
B. S. the son, or cause or procure him to be taught or instructed
in the said art, mystery, or business of a surgeon, apothecary, and i
midwife, or any part thereof, or in all or any of the things inci-
dent or belonging thereto, nor find nor provide for the said B. S.
the son, any meat, drink, or lodging, or any part thereof, but
wholly omitted and refused so to do, as it was lawful for him to do
on that occasion; and this he is ready to verify: wherefore he
prays judgment if the said B. S. the father ought to have or main-

tain his said action against him: And for further plea in this behalf Another plea to as to the said breach of covenant secondly above alligned, by leave fecond breach, of the court here for this purpose first had and obtained, accord

od that the appren.

ad and obtamcu, accordo tice misbehaved ing to the form of the statute in that case made and provided, the himself to his said J. says, that the said B. S. the father ought not to have or said master, as maintain his aforesaid action against him the laid James, because that defendant he says, that after the making of the said articles, and before the could not keep dismissing and discharging the said B. S. the son from and out of the service of him the said James, to wit, on the first day of January, in the year of Our Lord 1790, and on divers other days and times between that day and the dismissing and discharging the said B. S. the son from and out of the service of him the said James, to wit, at R. aforesaid, in the said county, the said B.S. the son misbehaved himself as such apprentice as aforesaid, and then and there wholly refused to obey the lawful commands and orders of him the said James, and then and there beat, bruised, wounded, and ill-treated the said James, so that his life was thereby then and there in great danger, and then and there behaved and conducted himself so iinproperly, riotously, and outrageously, that he the said James could not keep the said B. S. the son as such apprentice as aforesaid ; wherefore the said James, on the first day of April, in the year of Our Lord 1790, at R. aforesaid, in the said county, dismissed and discharged the said B. S. from and out of the service of him the said J. and kept and continued him so dirmilled and discharged out of his said service from thence hither, to and during all that time, wholly refused to permit or suffer the said B. S. the son to remain, continue, or be in his service as such apprentice as aforesaid, and did not, during any part of the said last-mentioned time, teach or inftruct the said B. S. the son, or cause or procure 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, nor find or procure for the said B, S. the son any meat, drink, or lodging, or any part thereof, but wholly omitted and refused so to do, as it was lawful for him to do on that occasion; and this he is ready to verify: wherefore he prays judgment if the said B. S. ought to have or maintain his aforesaid action against him.

SAMUEL Heywood,

milled and dirchan the said J. and he said B. s. flaid, in the pain

Jaft-mente as aforeta: remain, to holly refuferice from ued him out of

o myit procure teach did not, of being imit orthither.

And the said B. S. the now plaintiff, as to the said plea of the Replication d: said James by him above pleaded in bar, as to the said residue of injuriatothe third the laid breach of covenant secondly above assigned, says, that plea, a he the said B. ought not, by reason of any thing in that plea al. ledged, to be precluded from having and maintaining his aforelaid action thereof against the said James, because he says, that the said James, of his own wrong, and without any such cause as is by him in the faid plea in that behalf alledged, omitted and refused to teach or instruct the faid B. S. the fon, or to cause or procure hiin ta be taught or instructed in the said art, mystery, or business of a surgeon, apothecary, or midwife, or any part thereof, or in all or Ee 4

any

any of the things incident or belonging thereto, in manner as he the said James then used, practised, and dealt in the fame, or in any other manner, and to find or provide for the said B. S. the son, meat, drink, or lodging, or any part thereof, in manner and form as the said B. S. the plaintiff bath above thereof complained againit him the faid James; and this he the said B. S. the plaintiff

prays may be enquired of by the country, and the said James doch Replication to the like: And the said B. S. the plaintiff, as to the said plea of the 4th plea, during said James by him fecondly above pleaded in bar, as to the faid

agreement, breach of covenant secondly above affigned, says, that the said B. S. and issue.

ought not, by reason of any thing in that plea mentioned, to be barred from having and maintaining his raid action thereof against the faid James, because he says, that it was not agreed by and between the said B. S. the father and the said Jaines, in manner and form as the said James hath above in his said last-mentioned plea in that behalf alledged; and this he the faid B. S. che plaintiff prays may be enquired of by the country; and the said

James doth the like : And the said B. S. the plaintiff, as to the Replication to James dotn the like : Ang

olea, de inte faid plea of the said James lastly above pleaded in bar to the said juria, and iffue, breach of covenant secondly above assigned, says, that the said

B. ought not, by reason of any thing in that plea alledged, to be barred from having and maintaining his aforesaid action against him the said James, because he says, that the said James, of his own wrong, and without any such cause as is by him in his faid last-mentioned plea in that behalf alledged, dismissed, and difcharged the said B. S. the son from and out of the service of the faid James, and kept and continued him so dismissed and disa charged out of the service of him the said James from thence hi. therto and during all that time, wholly refused to permit or suffer the said B. S. the son to remain, continue, or be in his fervice as such apprentice as aforesaid, and did not, during any part of that time, teach or instruct the said B. S. the son, or cause or procure him to be taught or instructed in the said art, myftery, or business of a surgcon, apothecary, or midwife, or any part thereof, or in all or any of the things incident or belonging thereto, nor find or provide for the said B. S. the son, any meat, drink, or lodging, or any part thereof, but wholly omitted and refused so to do, in manner and form as the faid B. S. the plaintiff hath above thereof complained against him the said James; and this he the said B. S. prays may be enquired of by the country ; and the said James doth the like.

without any behalf alle det of the create and

T. BARROW,

I have taken issue on each of the defend int's pleas, but I am of opinion that the lait, though true in fact, is bad in point of law; tor I do not think that the express covenant of the defendant, to infiruct the apprentice in his profeffion, and to find him with board and lodging during the term, can be discharged by the mere misbehaviour of the latter to the former, as itated in that plea; how

ever, it would have been nugatory to have demurred to it, as the defendant might have gone to trial upon the good pleas without it or with it, by amend.ng, but it is proper to observe, that if the defendant's evidence at the trial goes only to support the faulty plea, I think it bad in arrest of judgment, though he should obtain a verdict upon it.

denture, of October 1975, Baccomplains : torney-one

CITY OF BRISTOL, M. William Organ, late of the city Declaration by of Bristol, fithmonger and cork-cutter, was fummoned to answer anna

wa ummoned to answer an infant ap

prentice against John Bayley of a plea of covenant broken; and thereupon the his master for said J. B. by J. C. who is admitted by the court to prosecute for not instructing the said J. B. who is within the age of twenty-one years, as the him in his trade, next friend of the said J. B. complains : for that whereas on the and providing

in him with meat, seventh of O&tober 1775, at the city of Bristol, by a certain in

drink, &c. denture, &c. &c. as by the said indenture, relation being had thereto, more fully and at large appears : And the said J. B. says, that after making the said indenture, to wit, on the day and year aforesaid, at the city of B. aforesaid, he the said J. B. 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 J. B. 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 any thing in the said indenture contained on his part and behalf to be done and performed: In fact the said J. B. faith, that the said W. hath not, since the day of the date of the Taid indenture, diligently taught, instructed, and informed the said J. B. or caused him to be informed by others in the aforefaid 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 J. B. further faith, that the said William hath not, fince the time of making the said indenture, found him the said J. B. good and sufficient meat, drink, lodging, and other necelfaries (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 the said J. B, says, that the said William (although often requested) hath not kept with the said J. B. his covenant in manner aforesaid made, but hath broken the same, and to keep the same with the said J. B. hath hitherto wholly refused, to the damage ; and therefore, &c.

And the defendant, by A. B. his attorney, comes and defends Plea ift, thac the wrong and injury, when, &c.; and as to the laid breach of defendanttaught covenant first above alligned, says, that the said J. B. the plaintiff, plaintiff accord

ing to the agreen (actio non); but he faith, that the said William hath, since them

ne ment. day of the date of the said indenture, diligently taught, instructed, and informed the said J. B. 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, &c. Second, that defendant, for further plea in bar as to the said breach of covenant plaintiff a

alled himself from defendant's service, and that whidit he remained in his service, defendant taught and instructed him.

f absent.

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