cccxliv TEDCASTLE and HALLYWELS case debt in debt upon a bind the defendant  plead that the condition be that whereas John Hallywel have put himself to be  a apprentice to the plaintiff if the defendant John Hallywel during his  apprenticeship or any other for he by his consent or agreement take or riotous  spend any of the good of his say master the plaintiff if then the defendant  within one month after notice thereof give to he do pay and satisfy the  plaintiff for all such sum of money ware c so take or riotous spend by the  defendant or by any other by his procurement or consent the same be sufficient  prove that then c the defendant by protestation quod nec ipse nor any other by  his procurement or consent have take or riotous spend the good of the  plaintiff for plea say that the plaintiff before the writ bring have not  sufficient prove that the say John Hallywel take or notously spend any of the  plaintiff good upon which the plaintiff do demurrer in law it be argue by  Leonard er p Daniel that the proof be sufficient and good for the time if it  be try in the action upon this obligation and the proof intend be proof by  twelve man for it be not set down before what person it shall be prove nor any  manner of proof appoint and therefore it shall be try accord the law of the  land which see e r bar Godfrey contrary this case be not like to the case  before for here be a further matter first warning and a month after notice pay  c and if the proof shall be make in this action the defendant shall lose the  benefit of the condition which give time to pay it within a month after for in  all such case the precedent act of the obligee be traversable as h I be bind  by obligation to feoff such a person of such land as the obligee shall appoint  in a action bring against I I shall say that the plaintiff have not appoint c  and here ought to be notice first and proof ought to precede the notice by the  meaning of the condition and so this differ from the other case put for here  proof be not the substance of the whole Owen sergeant it be the folly of the  defendant to put himself to such a inconvenience for now he ought to pay the  money without delay of any month and here the defendant ought to plead that he  have not embezzle any good of the plaintiff and the plaintiff to fold back  shall say and show the special matter that he have give notice to he thereof  see e roll cro Elizabeth in the king bench