firft above affigned, by leave, &c.; but he fays, that after the making of the aforefaid indenture, to wit, on the feventh of October 1775, the faid J. B. the plaintiff, entered into the service and employment of the faid William in the aforefaid arts of a fifhmonger and corkcutter, and attended the faid William for inftruction therein for a long fpace of time, to wit, for the space of then following; and that afterwards, on A. D. and from thenceforth until the day of fuing out the original writ of the faid J. B. the plaintiff at B. aforefaid, he the said J. B. the plaintiff abfented himself from the fervice and employment aforefaid of the aforefaid William, and neglected to attend the faid William in the arts aforefaid: And the said William further fays, that from the time when the faid J. B. the plaintiff, first entered into the fervice and employment of the faid William in the arts above-mentioned, until the time of his abfenting himself therefrom, and neglecting to attend the said William therein as aforefaid, he the faid William did + teach, inftruct, and inform the faid J. B. the plaintiff, in the aforefaid art of a fifhmonger, and in the aforefaid art of a cork-cutter, according to the form and effect of the faid indenture of the covenant of the said William in that behalf made as aforefaid veri3d, that defend- fication; wherefore he prays judgment if, &c.; and defendant, as to the faid breach of covenant laftly above affigned, says, &c. but he fays, that the faid William did find the faid J. B. the plaintiff, good and fufficient meat, drink, lodging, and other neceffaries, according to the form and effect of the laid indenture, and of the covenant of the faid William in that behalf made as aforefaid; and 4th, that plain. of this, &c. and for further plea in bar as to the faid breach of covenant laftly above affigned, by leave, &c. [the fame as first himfelf from de- part of fecond plea to this+], find him the faid J. B. the plaintiff, &c. the fame as the third plea. ant did find plaintiff meat and drink. tiff abfented fendant's fer vice, and that defendant, while, &c. did find, &c. to Replication, &c. And the faid John the plaintiff, as to the faid plea of the faid two pleas, William by him fecondly above pleaded in bar, fays, (precludi non), protesting that but protefting that the faid William did teach, inftruct, or indefendant did form the faid J. B. the plaintiff, in the aforefaid art of a fishmonnot keep, &c. ger, and in the aforesaid art of a cork-cutter, in manner and form Plaintiff avers as in and by the faid fecond plea is above alledged; nevertheless, that he did not for replication in this behalf the faid S. the plaintiff fays, that he abfent himself, the faid John the plaintiff did not abfent himself from the fervice &c. and employment aforefaid of the faid William, or neglect to attend the faid William in the arts aforefaid, in manner and form as as the faid William hath in and by that plea above alledged; and this the faid John prays, &c.: And as to the faid plea of the faid Toplea,protestWilliam by him laftly above pleaded in bar, the faid John the ing that plaintiff plaintiff fays, (actio non); but protefting that he the faid William did not find fufdid not find him the faid John the plaintiff, good and fufficient ficient meat and meat, drink, lodging, and other neceffaries, in manner and form as in and by the faid laft plea in that behalf is above supposed; nevertheless, for replication in this behalf the faid John the plain- Plaintiff drink. avers absent himself. tiff fays, that he the faid John the plaintiff did not abfent himself that he did not from the fervice and employment of the faid William, in manner and form as the faid William hath in and by that plea above alledged; and this, &c. THO. WALKER. And the faid William, as to the faid plea of the faid John by Rejoinder. him above pleaded, in reply to the faid plea of the faid William by him fecondly above pleaded in bar, faith, that he doth the like: And the faid William, as to the faid John the plaintiff by him above pleaded, in reply to the faid plea of the faid William by him lastly above pleaded in bar, faith, that he doth the like. The plaintiff's replications conclude to the country, and the defendant hath only to take iffue on the replications, by giving the fimiliter to each; but as I faid before, and as Mr. Serjeant Grofe hath alfo faid, I think that the plaintiff will paying wages. nor LONDON, to wit. John Wood against John Bell, in a plea Declaration in of covenant broken: for that whereas by a certain indenture made covenant by apon the fourteenth day of September A. D. 1780, to wit, at Lon- his mafter, for prentice against don aforefaid, in the parish of St. Mary-le-bow, in the ward of difcharging him Cheap, and which said indenture, fealed with the feal of the faid before the expidefendant, the faid plaintiff now brings into court, the date ration of whereof is the fame day and year aforefaid: It is witneffed, that term, not finding, &c. the faid plaintiff, by the name and defcription of John Wood, of Enfham, in Oxfordshire, with the confent of his father William Wood, put himself apprentice to the faid 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 ferve from the date of the faid indenture unto the full end and term of four years from thence next following, to be fully complete and ended; during which term the faid apprentice his faid mafter faithfully fhall ferve, his fecrets keep, his lawful commands every where gladly do; he should do no damage to his faid mafter, nor fee to be done of others, but that he to his power fhould let or forthwith give warning to his faid master of the fame; he should not waste the goods of his faid mafter, nor lend them unlawfully to any; he hould not commit fornication, nor contract matrimony within the faid term; he should not play at cards, dice, tables, or any other unlawful games, whereby his faid mafter might have any lofs with his own goods or others during the faid term, without li cence cence of his faid mafter; he should neither buy nor fell; he should not haunt taverns or play-houses, nor absent himself from his faid mafter's fervice day nor night unlawfully, but in all things as a faithful apprentice he fhould behave himself towards his faid mafter and all his during the faid term: And the faid Captain John Bell, his faid apprentice in the fame art of a mariner, which he used by the beft means that he could, fhould teach and inftruct, or cause to be taught and inftructed, finding unto his faid apprentice fufficient meat, drink, and lodging, during the faid term, and also pay him five pounds for the first year, fix pounds for the fecond year, feven pounds for the third year, and ten pounds for the fourth year, and for the true performance of all and every the faid agreements, either of the faid parties did bind himself unto the other by the faid indenture, as by the faid indenture, relation being thereunto had may more fully and at large appear: And the faid plaintiff in fact fays, that the faid plaintiff, by virtue of the said indenture afterwards, to wit, on the fame day and year aforefaid, at London aforefaid, in the parish and ward aforefaid, entered and was received into the service of the faid defendant, to serve the faid defendant as fuch apprentice in the art aforefaid, during the faid term in the faid indenture mentioned, and that he the faid plaintiff staid and continued in the faid fervice of the faid defendant from thence for and during part of the faid term of four years in the faid indenture mentioned, to wit, until the first day of April A. D. 1782, to wit, at London, &c. aforefaid, and was then and there ready and willing, and offered to be and continue in the faid defendant's fervice, and to ferve him as an apprentice in the art aforefaid from thence until the end and expiration of the faid 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 fuch apprentice to be done, performed, and fulfilled: Yet the faid plaintiff in fact fays, that the faid defendant afterwards, and during the continuance of the faid term, to wit, on the fame day and year laft aforesaid, at London, &c. aforefaid, without the licence, and against the will of the faid plaintiff, discharged the faid plaintiff from and out of the fervice of him the faid defendant, and kept and continued the faid plaintiff fo as aforefaid difcharged from and out of the fervice of him the faid defendant from thence until the end and expiration of the faid term in the faid indenture mentioned, and during all that time refufed to permit and fuffer the faid plaintiff to be and continue in the fervice of him the faid defendant, and to teach and inftruct, or caufe to be taught and inftructed the faid plaintiff in the art of a mariner, by the best means that he the faid defendant could, contrary to the form and effect of the faid indenture, and of the said "covenant zd breach, did of the faid defendant by him made as aforefaid: And the faid John not find him in Wood further in fact fays, that the faid defendant did not find for board and lodg- the faid plaintiff, his faid apprentice, fufficient meat, drink, or lodging during the faid term of four years in the faid indenture ift breach dif charged plaintiff. ing. men mentioned, as he ought to have done according to the indenture, but during a great part of the faid term, to wit, from the faid firft day of April A. D. 1782 aforesaid, until the end and expiration of the faid term wholly neglected and refused so to do, and therein wholly failed and made default, contrary to the form and effect of the faid indenture, and of the faid covenant of the said defendant fo by him made in this behalf as aforefaid: And the faid 3d Breach, did plaintiff further in fact fays, that the faid defendant hath not at not pay him his any time from the making of the faid indenture, hitherto paid, or ftipulated caused to be paid to the faid plaintiff the faid five pounds for the wages. first year, fix pounds for the fecond year, feven pounds for the third year, and ten pounds for the fourth year of the faid term of four years in the faid indenture mentioned, or any or either of those fums of money, or any part thereof; but the faid feveral and refpective fums of money above-mentioned are and each of them is ftill in arrear and unpaid from the faid defendant to the said plaintiff, contrary to the form and effect of the faid indenture, and of the covenant of the faid defendant fo by him made in this behalf as aforefaid; and so the said plaintiff fays, that the said defendant, although often requested, hath not kept with the faid plaintiff the covenants made between them, but hath broken the fame, and to keep the fame hath hitherto wholly refused, and still doth refuse to the faid plaintiff his damages of four hundred pounds, and therefore he brings fuit, &c.; pledges, &c. And the faid defendant, by A. B. his attorney, comes and de- Plea to 1ft fends the wrong and injury, when, &c. and as to the breach of breach, that decovenant by the faid plaintiff first above affigned, fays, that he the fendant did not faid defendant did not without the licence, and against the will of difcharge him. the faid plaintiff, difcharge the faid plaintiff from and out of the fervice of him the faid defendant, and keep and continue him the faid defendant so discharged from and out of the fervice of him the faid defendant, and did not refufe to permit or fuffer the faid plaintiff to be or continue in the service of him the faid defendant, and to teach and inftruct, or caufe the faid plaintiff to be taught and inftructed in the art of a mariner, in manner and form as the the faid plaintiff hath above complained against him, and of this he puts himself upon the country, and the faid plaintiff doth fo likewife: And as to the breach of covenant by the faid John Wood fecondly above affigned, the said defendant fays, that the faid plaintiff, (actio non); because he fays, that the faid plaintiff, To 2d breach, after the making of the faid indenture of apprenticeship, and after that plaintiff he had entered and been received into the fervice of the faid de- and defendant fendant, to wit, on the first day of Auguft A. D. 1781, at Lon- wrecked in the were fhipdon, &c. aforefaid, he the faid defendant failed on a voyage to West Indies, parts beyond the feas, in a certain fhip or vessel whereof the faid that defendant defendant is the mafter, and that the faid plaintiff failed in and on procured plainboard the said ship or veffel with the faid defendant, to be by him tiff a paffage home, but that he quitted the ship, and that defendant provided plaintiff with board and lodging as must as in his power under these circumstances. taught taught and inftructed in the art of a mariner; and the faid fhip or veffel was afterwards, by the force of certain tempefts and ftorms wrecked in parts beyond the feas, to wit, in the Weft Indies, with the faid defendant and plaintiff in and on board the fame; and that he the faid defendant after the shipwreck of the faid ship or veffel as aforefaid, and as foon as he the faid defendant had it in his power fo to do, did procure and engage one William Henderson, then being mafter of a certain other fhip or veffel to furnish a paffage for and to carry the faid plaintiff from the Weft Indies aforefaid, to London aforefaid, and to provide fufficient meat, drink, and lodging for the faid plaintiff from the West Indies aforefaid, to London aforefaid, that he the faid plaintiff on his arrival there might be again employed in the fervice of the faid defendant, and be provided with fufficient meat, drink, and lodging during the refidue of the aforefaid term, according to the form and effect of the faid indenture; and that the faid plaintiff afterwards, to wit, on the twenty-fixth day of February A. D. 1782, with his own confent went on board the faid laft-mentioned fhip or veffel, to be carried by the faid William Henderfon, in the faid voyage from the Weft Indies aforefaid, to London aforefaid; and the faid defendant further faith, that the faid plaintiff after he so as aforefaid had gone on board the faid laft-mentioned fhip or veffel for the purpose aforefaid, to wit, on the day and year last aforesaid, left and quitted the fame, and did not at any time afterwards, during the faid term in the faid indenture mentioned, return into the fervice of the defendant, but on the contray thereof, wholly neglected and omitted fo to do, against the will and confent of the faid defendant, that is to fay, at London, &c. aforefaid: And the faid defendant faith, that from the time of the making of the said indenture unto the time of the faid fhipwreck, he the faid defendant found and provided for the faid plaintiff fufficient meat, drink, and lodging, according to the form and effect of the faid indenture, and that from the time of the faid fhipwreck until the time of his the faid plaintiff's quitting the faid laft-mentioned fhip as aforefaid, he the faid defendant found and provided for the faid plaintiff meat, drink, and lodging in as ample manner as he the faid defendant, under the circumftances attending and confequent to the faid fhipwreck, was able, and had it in his power to do, that is to fay, at London, &c. aforefaid, and this, &c. wherefore, &c. if the faid plaintiff ought to have or maintain his aforefaid action thereof against him, by reafon of the faid breach of coveTo 3d breach, nant fecondly above aforefaid, &c. And as to the faid breach of that he paid covenant by the faid plaintiff laftly above affigned, he the faid wages for firit defendant faith, that the faid plaintiff (actio non); because he faith, year. that he the faid defendant after the making of the faid indenture, to wit, on the fourteenth day of September A. D. 1781, at London, &c. aforefaid, did pay to him the faid plaintiff five pounds for the first year of the faid term, according to the form and effect of the faid indenture, and of the covenant of the faid defendant in that behalf made as aforefaid; and the faid defendant further fays, that the |