ft, as to

that he did teach

him, and iffue.

2d breach, that

And the faid James, by Ralph Allen his attorney, comes and Plea defends the wrong and injury, when, &c.; and as to the breach the firft breach, of covenant first above affigned, fays, that the faid B. S. the father ought not to have or maintain his aforesaid action thereof against him the faid James, because he the faid James faith, that he the faid James did, during the faid time that he the faid B. S. the fon was, and continued in his faid fervice as fuch an apprentice as aforefaid, teach and inftruct the faid B. S. the fon, and cause and procure him to be taught and inftructed in the art, myftery, or businefs of a furgeon, apothecary, and midwife, and each of them, and in all things incident and belonging thereto, in fuch manner as he the faid James did during that time ufe, practise, and deal in the fame, according to the form and effect of the faid articles, and of the faid covenant of the faid James fo by him made in that behalf as aforefaid, to wit, at R. aforefaid; and of this he the faid James puts himfelf upon the country, and the faid B. S. the now plaintiff doth the like: And as to fo much Second, to the breach of the covenant fecondly aforefaid, as relates to the difimif- charge for dif fing and difcharging the faid B. S. the fon from and out of the miffing him in fervice of the faid James, and keeping and continuing him fo dif- he did not, and miffed and discharged for the time in the faid breach in that behalf ine. mentioned, and refufing to permit or fuffer the faid B. S. the fon to remain, continue, or be in the service of the faid James as fuch apprentice as aforefaid, during the time in the faid breach in that behalf aforefaid; the faid James faith, that the faid B. S. the father ought not to have or maintain his aforefaid action thereof against him the faid James, because he the faid James faith, that he did not difmifs or difcharge the faid B. S. the fon from or out of the fervice of the faid James, or refufe to permit or fuffer the faid B. S. the fon to remain, continue, or be in the service of the faid James as fuch apprentice as aforefaid, in manner and form as the faid B. S. the father hath in his faid breach fecondly above affigned alledged; and of this he the faid James putteth himself upon the country, and the faid B. S. the now plaintiff doth the like: And as to the refidue of the faid breach of covenant fecond- As to the refily above affigned, the faid James fays, that the faid 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 faid B. S. the fon, on the ran away, and concluding with first day of April, in the year of Our Lord 1790, at R. aforefaid in the faid county, without the licence, and against the will of the faid James, voluntarily and wilfully departed and abfented himfelf from his faid fervice, and remained and continued abfent therefrom without the licence and against the will of the faid James, from thence continually hitherto, contrary to the form and effect of the faid indenture; by reafon whereof the faid James could not, during that time, or any part thereof, teach or inftruct the faid B. S. the fon, or caufe or procure him to be taught or instructed in the art, mystery, and bufinefs 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

Ee3

James

a verification.

Plea

James ufed, practifed, and dealt in the fame, or in any other manner, or find or provide for the faid B. S. the fon, meat, drink, or lodging, or any part thereof; and this he the faid 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 to 2d him: And for further plea in this behalf as to the faid breach of breach, that covenant fecondly above affigned, by leave of the court here for fendant agreed this purpose first had and obtained, according to the form of the that the latter ftatute in that cafe made and provided, the faid James says, that the thuld procure faid B. S. the father ought not to have or maintain his faid action another affift thereof against him, because he says, that after the making of the faid ant, plaintiff's articles, and before the difmiffing and difcharging of the faid B. S. fon fhould leave the fon from and out of the fervice of him the faid James, to wit, on

plaint ff and de

deten lant.

the first day of April, in the year of Our Lord 1790, at R. aforefaid, in the faid county, it was agreed by and between the faid B. S. the father and the faid James (amongst other things) in manner following, that is to fay, that the faid James fhould, with all convenient fpeed, procure another perfon to ferve him in his faid art, mystery, and bufinefs, and that when the faid James fhould have procured fuch person, the faid B. S. the fon fhould leave the fervice of him the faid James, and be discharged from his faid apprenticeship; and that he the faid James should not, after the procuring of such perfon, be obliged to teach or inftruct the faid B. S. the fon, or cause and procure him to be taught and instructed in the faid art, mystery, and business of a furgeon, apothecary, and midwife, or any part thereof, or in any thing incident or belonging thereto, or to find or provide for the faid B. S. the fon, any meat, drink, or lodging, and that the faid B. S. the father should not nor would bring any action against the faid James for omitting and refufing fo to do and the faid James avers, that the faid agreement being fo made as aforefaid, he the faid J. in confideration and purfuance thereof afterwards, to wit, on the day and year last aforefaid, at R. aforefaid, in the faid county, did procure another perfon to ferve him in faid art, mystery, and bufinefs; wherefore the faid James then and there difmiffed and difcharged the faid B. S. the fon from and out of the fervice of him the faid J. and kept and continued him fo difmiffed and discharged out of his faid fervice, from thence hitherto, and during all that time wholly refufed to permit the faid B. S. the fon to remain, continue, or be in his fervice, as fuch apprentice as aforefaid, and did not, during any part of the faid laft-mentioned time, inftruct the faid B. S. the fon, or caufe or procure him to be taught or inftructed in the faid art, mystery, or business of a furgeon, apothecary, and midwife, or any part thereof, or in all or any of the things incident or belonging thereto, nor find nor provide for the faid B. S. the fon, any meat, drink, or lodging, or any part thereof, but wholly omitted and refused fo to do, as it was lawful for him to do on that occafion; and this he is ready to verify: wherefore he prays judgment if the faid B. S. the father ought to have or main

him,

tain his faid action against him: And for further plea in this behalf Another plea to as to the faid breach of covenant fecondly above affigned, by leave fecond breach, that the apprenof the court here for this purpose first had and obtained, accord- tice mifbehaved ing to the form of the ftatute in that cafe made and provided, the himself to his faid J. fays, that the faid B. S. the father ought not to have or faid master, as maintain his aforesaid action against him the faid James, because that defendant he fays, that after the making of the said articles, and before the could not keep difmiffing and difcharging the faid B. S. the fon from and out of the service of him the faid 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 difmiffing and difcharging the faid B. S. the fon from and out of the fervice of him the faid James, to wit, at R. aforefaid, in the faid county, the said B. S. the fon mifbehaved himself as fuch apprentice as aforefaid, and then and there wholly refused to obey the lawful commands and orders of him the said James, and then and there beat, bruifed, wounded, and ill-treated the faid James, fo that his life was thereby then and there in great danger, and then and there behaved and conducted himfelf fo improperly, riotoufly, and outrageously, that he the faid James could not keep the faid B. S. the fon as fuch apprentice as aforefaid; wherefore the faid James, on the first day of April, in the year of Our Lord 1790, at R. aforefaid, in the faid county, difmiffed and difcharged the faid B. S. from and out of the service of him the faid J. and kept and continued him so difmiffed and discharged out of his said service from thence hither to 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 did not, during any part of the said laft-mentioned time, teach or inftruct the faid B. S. the fon, or cause or procure him to be taught and inftructed in the faid art, mystery, and business of a furgeon, 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 faid B. S. the fon any meat, drink, or lodging, or any part thereof, but wholly omitted and refused fo to do, as it was lawful for him to do on that occafion; and this he is ready to verify: wherefore he prays judgment if the faid B. S. ought to have or maintain his aforefaid action against him. SAMUEL HEYWOOD.

And the faid B. S. the now plaintiff, as to the faid plea of the Replication d faid James by him above pleaded in bar, as to the faid refidue of injuriatothe third the laid breach of covenant fecondly above affigned, fays, that plea, and iffue. he the faid B. ought not, by reafon of any thing in that plea alledged, to be precluded from having and maintaining his aforefaid action thereof against the faid James, because he fays, that the faid James, of his own wrong, and without any fuch caufe as is by him in the faid plea in that behalf alledged, omitted and refused to teach or inftruct the faid B. S. the fon, or to caufe or procure him to be taught or inftructed in the faid art, mystery, or business of a furgeon, 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 faid James then used, practifed, and dealt in the fame, or in any other manner, and to find or provide for the faid B. S. the fon, meat, drink, or lodging, or any part thereof, in manner and form as the faid B. S. the plaintiff bath above thereof complained against him the faid James; and this he the said B. S. the plaintiff prays may be enquired of by the country, and the faid James doth Replication to the like: And the faid B. S. the plaintiff, as to the faid plea of the 4th plea, during faid James by him fecondly above pleaded in bar, as to the faid the agreement, breach of covenant fecondly above affigned, fays, that the faid B. S.

and iffue.

ought not, by reafon of any thing in that plea mentioned, to be barred from having and maintaining his faid action thereof against the faid James, because he fays, that it was not agreed by and between the faid B. S. the father and the faid James, in manner and form as the faid James hath above in his said laft-mentioned plea in that behalf alledged; and this he the said B. S. the plaintiff prays may be enquired of by the country; and the faid James doth the like: And the faid B. S. the plaintiff, as to the Replication to 5th plea, de in- faid plea of the faid James laftly above pleaded in bar to the faid juria, and iffue. breach of covenant fecondly above affigned, fays, that the said B. ought not, by reason of any thing in that plea alledged, to be barred from having and maintaining his aforefaid action against him the faid James, because he says, that the faid James, of his own wrong, and without any fuch caufe as is by him in his faid laft-mentioned plea in that behalf alledged, difmiffed, and discharged the faid B. S. the fon from and out of the fervice of the faid James, and kept and continued him fo difmiffed and difcharged out of the fervice of him the faid James from thence hitherto and during all that time, wholly refufed to permit or fuffer the faid B. S. the fon to remain, continue, or be in his fervice as fuch apprentice as aforefaid, and did not, during any part of that time, teach or inftruct the faid B. S. the fon, or caufe or procure him to be taught or inftructed in the faid art, mystery, or bufinefs of a furgeon, 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 faid B. S. the fon, 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 faid B. S. prays may be enquired of by the country; and the faid James doth the like. T. BARROW.

I have taken iffue on each of the defendant's pleas, but I am of opinion that the laft, though true in fact, is bad in point of law; for I do not think that the exprefs covenant of the defendant, to inftruct the apprentice in his profeffion, and to find him with board and lodging during the term, can be difcharged by the mere mifbehaviour of the latter to the former, as ftated 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 amending, but it is proper to obferve, that if the defendant's evidence at the trial goes only to fupport the faulty plea, I think it bad in arrest of judgment, though he fhould obtain a verdict upon it.

CITY

an infant ap

him with meat,

CITY OF BRISTOL, William Organ, late of the city Declaration by of Bristol, fishmonger and cork-cutter, was fummoned to answer prentice against John Bayley of a plea of covenant broken; and thereupon the his master, for faid J. B. by J. C. who is admitted by the court to profecute for not inftructing the faid J. B. who is within the age of twenty-one years, as the him in his trade, next friend of the faid J. B. complains: for that whereas on the and providing feventh of October 1775, at the city of Bristol, by a certain in- drink, &c. denture, &c. &c. as by the faid indenture, relation being had thereto, more fully and at large appears: And the faid J. B. fays, that after making the faid indenture, to wit, on the day and year aforesaid, at the city of B. aiorefaid, he the faid J. B. entered into the fervice of the faid William and Ann, to serve after the manner of an apprentice, according to the form and effect of the faid indenture; and although the faid J. B. always, from the time of making the faid indenture, hitherto hath kept, performed, and done all things in the faid indenture contained on his part and behalf to be done, performed, and kept; yet, protesting that the faid William hath not done any thing in the faid indenture contained on his part and behalf to be done and performed: In fact the faid J. B. faith, that the said W. hath not, fince the day of the date of the faid indenture, diligently taught, inftructed, and informed the faid J. B. or caused him to be informed by others in the aforesaid art of a fishmonger, and the aforefaid art of a cork-cutter, or either of them, but hath wholly neglected and refused fo to do, contrary to the form and effect of the faid indenture, and of the covenant of the faid William in that behalf made as aforesaid: And the faid J. B. further faith, that the faid William hath not, fince the time of making the faid indenture, found him the faid J. B. good and fufficient meat, drink, lodging, and other neceffaries (apparel and washing excepted) or any of them, but hath wholly neglected and refused fo to do, contrary to the form and effect of the faid indenture, and of the covenant of the said William in that behalf made as aforefaid; and fo the faid J. B. fays, that the faid William (although often requested) hath not kept with the faid J. B. his covenant in manner aforefaid made, but hath broken the fame, and to keep the fame with the faid J. B. hath hitherto wholly refufed, to the damage; and therefore, &c.

ment.

And the defendant, by A. B. his attorney, comes and defends Plea ift, that the wrong and injury, when, &c.; and as to the faid breach of defendanttaught covenant firit above affigned, fays, that the faid J. B. the plaintiff, plaintiff according to the agree (actio non); but he faith, that the said William hath, fince the day of the date of the faid indenture, diligently taught, inftructed, and informed the faid J. B. the plaintiff, in the aforefaid art of a fishmonger, and in the aforefaid art of a cork-cutter, according to the form and effect of the faid indenture, and of the covenant of the faid William in that behalf made as aforefaid; and of this, &c. Second, defendant, for further plea in bar as to the faid breach of covenant plaintiff abfented himfelf from defendant's fervice, and that whilst he remained in his service, defendant taught and instructed him.

that