MON IN FORMER. BY COM. until and upon the said day of, &c. then next following, which said sum ofl. 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 -l., being treble and 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 ―l., parcel of the said sum above demanded. The like sum for For that the said C. D. after the 20th day of September, which was for usury in the year of our Lord 1714, and before the exhibiting of the bill of where the the said A. B. who sues as aforesaid, against the said C. D. to wit, on, borne was &c. at, &c. upon a certain corrupt contract, made after the said 29th day paid at different times. of September, which was in the 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, heretofore, 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. 9s. 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 of £6. 9s. to wit, the sum of £3, part thereof was paid and satisfied, [*516] and also for the forbearing *and giving, and having 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. 1s. 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 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. the said sum of £66, so forfeited as aforesaid, parcel of the said sum above demanded. *DECLARATIONS IN COVENANT. Ellenborough. I. ON APPRENTICE DEEDS. Term, Will. 4. (ƒ). BY MAS TER AGAINST FATHER OF APPRENTICE. of an ap to wit. A. B. complains of C. D. being in the custody of the mar- Against shal of the Marshalsea (g) of our lord the now king, before the king himself, the father of a plea of breach of covenant. For that whereas, heretofore, to wit, on, prentice &c. (h) at, &c. (venue) by a certain indenture of apprenticeship () then for the apand there made, (one part of which said indenture (k), sealed with the prentice absenting seal of the said defendant, the said plaintiff now brings here into court, himself. the date whereof is the same day and year aforesaid,) one E. F. did put (e). himself apprentice to the said plaintiff to learn his art, trade, and mystery [*518] 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 perform (e) See forms of declaration, 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 defense 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, VOL. II. 52 and the master is not requested to receive (f) As to title, see ante, 12, note, (a). (h) A deed may be stated in pleading to (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." TER AGAINST OF AP PRENTICE. Reference to inden ture. Entry of apprentice into service. BY MAS- ance 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 performFATHER ed 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 fully and at large appear. By virtue of which said indenture the said E. F. afterwards, to wit, on the said, &c. at, &c. (venue) aforesaid, entered, and was then and there received into the service of the said plaintiff 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. [or, from thence hitherto] to wit, at, &c. (venue) aforeGeneral said. And although he (m), the said plaintiff, hath always, from the time performance by of the making of the said indenture, hitherto well and truly performed, plaintiff. 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 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 said E. F. during the said term, to wit, [*519] on, &c. at, &c. (venue) *aforesaid, did 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 Usual con- made as aforesaid. And so, the plaintiff in fact saith (n), that the said 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 £ (0), and therefore he brings his suit, &c. Breach. clusion. BY AP PRENTICE AGAINST [See commencement in covenant, as ante, 517.] For that whereas, heretofore, 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, Covenant the said plaintiff by the name of S. the son of the said O. S. of the seby the ap- cond 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 prentice sum should be inserted sufficient to cover the real demand and 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 appren tices, 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. BY AP PRENTICE AGAINST MASTER. 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, all his lawful and honest commands [*520] 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 his said master he should not waste, nor lend them unlawfully to any; hurt to his said master he should not do, or cause or procure to be done; he should neither buy or sell without his master's leave; tarverns, inns, or ale-houses, he should not haunt; at cards, dice, tables, or any other unlawful game, he should not play; matrimony he should not contract; nor from the service of his said master, day or night, absent himself, but in all things, like an honest, diligent, and faithful apprentice, should and would demean and behave himself towards his said master, and all his, during the said term; and the said O. S. for and in consideration of the covenants and agreements on the said defendant's part and behalf to be done and performed, for himself, his heirs, executors, and administrators, did covenant, promise, and agree, to and with the said defendant, his executors and administrators, by the said indenture, in manner and form following, that is to say, that the said plaintiff should and would well, truly, and faithfully serve the said defendant, during all the term of his said apprenticeship, according to the purport, true intent, and meaning, of all and singular the articles above mentioned, without any fraud, deceit, damage, or departure; and also that he the said O. S. should and would find, allow, provide, and deliver unto the said plaintiff, during the term of his said apprenticeship, sufficient and decent apparel, of all sorts, both of linen and woolen, so often as need should require, and thereof should and would save harmless and indemnify the said defendant, his executors and administrators, and likewise should and would cause the said apparel to be repaired and amended so often as the same should want and stand in need of being repaired and amended; and the said defendant, for and in consideration of the sum of £60, of lawful money of Great Britain, to him in hand paid, at or before the ensealing and delivering thereof by the said O. S. the receipt whereof the said defendant did thereby acknowledge, and thereof, and of every part and parcel thereof, did acquit and discharge the said O. S. his executors and administrators forever, by the said indenture; and also for and in consideration of the service of the said plaintiff as aforesaid, for himself, his heirs, executors, and administrators, *did covenant, [*521] promise and agree, to and with the said plaintiff, his executors and administrators, by the said indenture, in manner and form following, that is to say, that he the said defendant should and would teach and instruct, or cause the said plaintiff to be taught and instructed, the best way and manner that he could in the art and mystery of an apothecary, which he then used, and also should, and would find, allow, and provide, unto and for the said plaintiff sufficient wholesome meat, drink, washing, lodging, and all other necessaries (except apparel and mending the same, as above mentioned), both in sickness and in health, during all the said term of his apprenticeship, as by the said indenture now brought here into court, rela BY AP PRENTICE Averment tion being thereunto had, may more fully appear. And the said plaintiff in fact saith, that he the said plaintiff forthwith, after the making the said MASTER. indenture, to wit, upon the said, &c. at, &c. (venue) aforesaid, entered into his said service, to serve the said defendant, as his apprentice, for the term aforesaid, according to the true intent and meaning of the said indenture, and hath always in all things well and truly observed, performed, and fulfilled all things in the said indenture contained, on his part and behalf to be performed and fulfilled, to wit, at, &c. (venue) aforesaid; nevertheless the said plaintiff in fact saith, that the said defendant, from the making of the said indenture, and from the time of his the said O. S.'s entering into the said service, hitherto hath not taught nor instructed him the said plaintiff, nor caused the said plaintiff to be taught and instructed in the said art and mystery of an apothecary, as he ought to have done, according to the form and effect of his said covenant in that behalf so made as aforesaid, but hath hitherto wholly neglected and refused so to do, to wit, at, &c. (venue) aforesaid; and the said plaintiff further saith, that the said defendant, from the making the said indenture, and from the time of the said plaintiff's entering into the said service, hitherto hath not found, allowed, nor provided, unto or for the said plaintiff meat, drink, washing, lodging, or any other necessaries (apparel and mending thereof excepted, as is above mentioned), as he ought to have done, according to the form and effect of his said covenant in that behalf so made as aforesaid, but hath hitherto wholly neglected and refused so to do, contrary to the said indenture and the said covenant of the said defendant, in that behalf made as aforesaid, to wit, at, &c. (venue) aforesaid, and so, &c.— [Common conclusion, as ante, 519, and as in next precedent.] ticeship to tice, master for [*522] *For that whereas, heretofore, to wit, on the, &c. at, &c. (venue) by a Indenture certain indenture of apprenticeship, then and there made between the appren said plaintiff and the said I. A. deceased, which said indenture was and is a mariner, sealed with the seal of the said R. M. (but being in the possession of the by appren- said defendant, the said plaintiff cannot produce the same to the said against ex- court here (r),) the said plaintiff did put himself apprentice to the said ecutors of I. A. to learn his art and mystery with him, after the manner of an apprentice, to serve from the day of the date of the said indenture, until not providing meat, the full end and term of three years from thence next following, to be board, &c. fully complete and ended, and the said I. A. thereby covenanted and (q). agreed, his said apprentice in the art of a mariner, which he used, by the best means that he could, to teach and instruct, or cause to be taught and instructed, finding unto his said apprentice sufficient meat, drink, and lodging, and in lieu of all other necessaries during the said term, should and would pay unto him £14 for the first year, £16 for the second, and £20 for the third year, and of £5 more if he served his term out faithfully ; and for the true performance of all and every the covenants and agreements therein contained both the said parties bound himself to the other by the said indenture, as by the said indenture, reference being thereunto had, will more fully and at large appear; by virtue and in pursuance of which said indenture, the said plaintiff afterwards, to wit, on the day and (9) As to mariner's apprentice inden- s. 12.-Burn, J. tit. "Apprentice." tures, see 1 Bott, 630 to 633.-5 Eliz. c. 5. (r) Let this be according to the fact. |