AND HOW ACQUIRED. and to hold the said customary tenement, with the appartenances, to 5. THE TITLE, the said A. B. his heirs, and assigns for ever, to be holden of the said last-mentioned lord, by copy of court-roll, at the will of the lord, according to the custom of the said manor, and the said A. B. was then and there admitted (1) tenant of the said customary tenement, with the appurtenances as aforesaid, and thereby then and there became, and was, and still is seised in his demesne as of fee, of the said reversion of and in the said customary tenement, with the appurtenances, at the will of the lord, according to the custom of the said manor. And being so seised, &c. 41. Title by And the said E. F. being so seised as aforesaid, he the said E. F. devise, in fee afterwards, to wit, on, &c. at, &c. aforesaid, duly made and published simple (m). his last will and testament in writing (n), bearing date, &c. and signed by him the said E. F. and attested and subscribed in the presence of the said E. F. by three credible witnesses, according to the form of the statute in such case made and provided (9), and thereby (amongst other things) gave and devised the said demised premises, with the appurtenances, unto the said A. B. to hold unto and to the use of the said A. B. and his heirs and assigns for ever. And the said E. F. afterwards, to wit, on, &c. at, &c. aforesaid, died so seised of the reversion *of and in the said demised premises with the appurtenances as aforesaid, without altering his said will, as to his said devise of the said demised premises, with the appurtenances. Whereupon and whereby (1) the said A. B. then and there became and was seised of the said reversion in his demesne as of fee. And being so seised, &c. And the said C. D. being so possessed of the said demised premises, with the appurtenances, and the said E. F. being so possessed of the said reversion, as aforesaid, afterwards and during the said term by the said indenture granted, to wit, on, &c. at, &c. the said E. F. duly made and published his last will and testament in writing, bearing date the the same day and year last aforesaid, and thereby amongst other things, gave and bequeathed the said reversion of and in the said demised premises, with the appurtenances, unto the said A. B. and his assigns, and by his said will, he the said E. F. then and there appointed G. H. (4) See the precedent, 1 Saund. 146. Vin. Ab. Copyhold, U. b. ante, 279. (m) See the precedents, 2 Saund. 235, 6. 1 Saund. 253. Lil. Ent. 133. 7 East. 128. 3 Wilson. 130. (n) The will must be shewn to have been made in writing, in pursuance of the statutes, 32 Hen. 8. c. 1., and 34 Hen. 8. c. 5. 1 Saund. 276. a. n. 2. (*) 29 Car. 2. c. 3. s. 5.-but neither this nor the statute of wills, need be referred to, Dyer. 85. b. (p) No assent of the executor is to be stated in the case of a devise of a freehold interest, Co. Lit. 111. a.-1 Saund. 278. n. 5.-3 East. 120. 7 East, 324. (9) This precedent is framed precisely as in the case of Mackay against Mackreth, referred to, ante, 254. See also 1 Saund. 278. 2 Saund. 21. 281] 42. Title to a chattel real, by will (9). AND HOW ACQUIRED. 5. THE TITLE, executor thereof, and afterwards, to wit, on, &c. at, &c. he the said E. F. died so possessed of the said reversion of and in the said demised premises, with the appurtenances, without revoking or altering his said will with respect to the said bequest, after whose death, to wit, on, &c. at, &c. aforesaid, the said G. H. duly proved the said last will and testament, and took upon himself the burthen of the execution thereof (r), and then and there assented (s) to the said bequest of the said reversion to the said A. B. whereby the said A. B. became and was possessed (t) of the said reversion of and in the said demised premises, with the *appurtenances, to wit, at, &c. aforesaid. And being so possessed, &c. [⚫ 282] ON APPREN Against the father of an apprentice, for the apprentice absenting himself (u). [Commencement as ante, 241, and note (b).] For that whereas hereTICE DEEDS. tofore, to wit, on, &c. at, &c. by a certain indenture of apprenticeship (v) then and there made, (one part of which said indenture, sealed with the seal of the said C. D. the said A. B. now brings here into court, the date whereof is the same day and year aforesaid,) one E. F. did put himself apprentice to the said A. B. to learn his art, trade, and mystery 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 play-houses, 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 performance by the said E. F. of all and every (r) It is necessary to state the proof of the will, 2 Stra. 716.-See the precedent, 1 Saund. 106, 7. (s) In the case of a bequest of a chattel real, the legatee must, in pleading, aver the assent of the executor, which is necessary to vest the legal interest in him; see 1 Saund. 278. n. 5. supra, n. l. (t) Ante, 265. and 2 Saund. 21. (u) See the various precedents of declarations and pleas by and against apprentices, indexed in 5 Wentw. 112. 132. 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 at the conclusion of the indenture amount to a covenant. Dougl. 518. 8 Mod. 190. Com. Dig. tit. Covenant, A. 2.-The binding must be for seven years, and if it be for a less term, no action can be supported upon the indenture. 5 Eliz. c. 4. s. 41. 1 Anstr. 256, 7. The deed, however, is only voidable and not absolutely void, 7 T. R. 310. 314. 1 Bot. 525. pl. 709. 530. pl. 717. 2 Bott. 377. pl. 404. And a stranger cannot take advantage of the objection, unless the parties to it have previously avoided it. Id. ibid. 2 Hen. Bla. 511. 2 Esp. Rep. 734. () As to the binding by indenture, see 1 Nolan's P. L. 311. Co. Lit. 143. b. the covenants and agreements therein contained on the part and behalf ON APPRENof the said E. F. to be performed and fulfilled, the said C D. thereby TICE DEEDS. bound himself unto the said A. B. (w). As by the said indenture, re- [⚫ 283] ference 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. aforesaid, entered, and was then and there received into the service of the said A. B. 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. to wit, at, &c. aforesaid. And although he, the said A. B. hath always, from the time of the making of the said indenture, hitherto well and truly performed, 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 A. B. in fact saith, that the said E. F. did not, nor would, faithfully serve the said A. B. 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, on, &c. at, &c. aforesaid, did unlawfully absent himself, and hath, from thence, hitherto remained and continued absent from the service of the said A. B. contrary to the tenor and effect of the said indenture, and of the said covenant of the said C. D. in that behalf made as aforesaid, and so, &c.[Same conclusion as ante, 244.] be re-deliver (b) (to wit.) A. B. complains of C. D. being in the custody First count on of the marshal of the Marshalsea of our lord the now king, before the a bailment to king himself, of a plea, that he render to the said A. B. certain goods ed on request and chattels (or "deeds and writings," according to the fact) of him, (a). the said A. B. of great value, to wit, of the value of L. of lawful, (w) Ante, 282, note u. This amounts to a covenant, Dougl. 518-8 Mod. 190. (a) Com. Dig. Pleader, 2 X. 2 Mode of Declaring, New. Rep. 140.-See the Precedents in Detinue, 7. Wentw. 647. 3 Wooddes. 106. 1 New. Rep. 140. (b) The venue is transitory. Com. Dig. IN DETINUE. &c. which he unjustly detains from him (c). For that whereas the said A. B heretofore, to wit, on (d), &c. at (e), &c. delivered to the said C. D. certain goods and chattels, to wit, &c. (ƒ) of the said A. B. of great value (g), to wit, of the value of L.-, of lawful money [285] of, &c. *to be re-delivered by the said C. D. to the said A. B. when he the said C. D. should be thereunto afterwards requested (h); yet the said C. D. although he was afterwards, to wit, on, &c. at, &c. aforesaid, requested by the said A. B. so to do (i) hath not as yet delivered the said goods and chattels, or any of them, or any part thereof, to the said A. B. but hath hitherto wholly neglected and refused, and still doth neglect and refuse so to do, and still unjustly detains the Second count same from the said A. B. to wit, at, &c. aforesaid. And whereas also on a supposed the said A. B. heretofore to wit, on, &c. aforesaid, at, &c. aforesaid, finding (j). was lawfully possessed of certain other goods and chattels, to wit, &c. of great value, to wit, of the value of L., of like lawful money as of his own property, and being so possessed thereof, he the said A. B. afterwards, to wit, on, &c. aforesaid, at, &c. aforesaid, casually lost the said goods and chattels out of his possession, and the same afterwards, to wit, on &c. aforesaid, at, &c. aforesaid, came to the possession of the said C. D. by finding (k); yet the said C. D. well knowing the said last-mentioned goods and chattels to be the property of him the said A. B. and of right to belong and appertain to him, hath not as (c) In C. P. the form runs, "C. D. was summoned to answer A. B. of a plea, that he render to the said A. B. certain goods and chattels (or deeds and writings) of great value, to wit, &c. which he unjustly detains from him, and thereupon the said A. B. by E. F. his attorney, complains against the said C. D. for that whereas, &c." as to price and value, in the description of animate and inanimate chattels, Cro. Jac. 130; but this is no longer attended to, Bac. Ab. Trover F.-F. N. B. 88 M. and value appears in all cases to be the preferable description. (h) The contract of bailment must be truly stated; see the precedents, 3 Wooddes. 106. 1 New. Rep. 140. Wil (d) The day is no material, unless it les. 119. constitute part of the contract. (i) The precedents in 1 New. Rep. (e) The venue being transitory, the 140. 3 Wooddes. 106. Willes. 119. do precise place is immaterial. (f) As to the certainty necessary in the description of the chattels. 2 Saund. 74. b. Co. Lit. 286. b. Bac. Ab. Detinue B.Com. Dig. Pleader, 2 X. 2. The date of a deed, &c. needs not be stated, 1 Wils. 116. See Willes. Rep. 126. 12 Mod. 9. 2 Vent. 78. (g) The declaration may mention the value of every particular, or of all in gross, Com. Dig. Pleader, 2 X. 2. 2 Bla. Rep. 853. and the latter is most usual. Formerly a distinction was taken not state a special request; but in Willes. 118. 5 T. R. 409. this was objected to, and see the precedent in 7 Went. 635, 6, 7. (j) Com. Dig. Pleader, 2 X. 2.— See the Precedents, 1 New. Rep. 140. Willes. 118. 4 T. R. 229. and the notes to the preceding count. (k) This is not traversable, 1 New. Rep. 140. but. quære, if the defendant originally took the goods tertiously. Selwyn's Ni. Pri. 593. ante, vol. 1. Index. tit. Detinue. Doct. Plac. Detinue. yet delivered the said last-mentioned goods and chattels, or any or IN DETINUE. either of them, or any part thereof, to the said A. B. although often requested so to do, but hath hitherto wholly refused so to do, and hath detained, and still doth detain the same from the said A. B. to wit, at, &c. aforesaid. To the damage *of the said A. B. of L.therefore he brings his suit, &c. -(), and [286] -, (to wit.) A. B. complains of C. D. being, &c. of a plea that Debt and detinue in the he render to the said A. B. the sum of L.-, of lawful, &c. which same declarahe owes to, and unjustly detains from, him, and also that he render to tion (m). him the said A. B. a certain indenture of lease of him the said A. B. bearing date, &c. which he unjustly detains from him; for that whereas [here insert the counts in debt, and the conclusion, ut ante 187, 8, omitting the words "to the damage," &c. and then insert the counts in detinue for the lease, &c. as in the last precedent to the end, and conclude," To the damage," &c.] (to wit.) A. B. complains of C. D. being in the custody of Beginning and conclusion of a the marshal of the Marshalsea of our lord the now king, before the declaration in king himself, of a plea of trespass on the case, &c. For that whereas, case, or trover &c. [Here state the cause of action, and conclude as follows :]—To the in K. B. damage of the said A. B. of L.—, (6), and therefore he brings his suit, &c. Pledges, &c. (1) As the judgment in this action is conditional to recover the specific chattel, or in case it be not forthcoming, damages for detaining the same, Cro. Jac. 628. Com. Dig. Pleader, 2 X. 12. a sum should be here inserted to cover the real value. (m) That debt and detinue may be joined, see 2 Saund. 117. b. Bro. Joinder in Action, 97. and for the precedents see Brownl. Red. 186. Rast. 150. When a defendant has in his possession personal property, formerly of the plaintiff, and it be doubtful whether a contract (a) As to the title, ante, 12. n. a. |