case TEDCASTLE against HOLLIWELL Michaelmas term pound Elizabeth roll on a  bind condition to pay within one month after notice the value of such good as  a apprentice shall misspend proof must he give to the obligor before action  bring that the good have been misspend ante post roll ab kutt hob Bl Rep dougl  term Rep a plea to debt on bind must answer the whole substance of the  condition post Debtupon a obligation the condition be that whereas I d have  bind himself to he a apprentice with the plaintiff if the say I d during his  apprenticeship or any other by his assent or procurement take or riotous  misspend any good of the plaintiff if then the defendant within one month  after notice thereof give to he satisfy and pay to the plaintiff for all such  sum of money or ware c so take or notorious spend by croak Elizabeth the say I  d or any other by his procurement or consent the same be sufficient prove that  then c the defendant protestando that the say I d nor any person by his  consent not make mention of procurement have not take onor riotous spend any  good of the plaintiff c for plea say that the plaintiff have not sufficient  prove before action bring that the say I d have take or riotous spend any good  of the plaintiff upon which plea the plaintiff demurrer it be argue by Daniel  for the plaintiff and by Godfrey for the defendant and the question only be if  the proof shall he in this action or by any other mean before and what proof  shall serve vide Edward Richard bar and Scroggs case before mich pound  Eliz Gawdy and Fenner justice conceive the proof must he before the action  bring by some collateral mean but say not what mean or in what manner for the  defendant be not to pay but so much as be take and prove to he take or spend c  and this within one month after notice so he be to have time to pay after  proof make and notice give and this can be in this action but much be not  speak to it for there be a incurable fault in the plead for he for plea say  that the plaintiff have not make proof that I d take or riotous spend c but  speak not that any other by his consent or procurement and so do not answer to  the substance of the condition and for this it be hold clear ill and for this  cause it be adjudge for the plaintiff although it be say who per other compose  per he himself compose so the plea extend to it but the court contra but for  the matter in law they say it be strODg against the plaintiff croak Elizabeth  er p