burgess vers BRACHER if a man agree to ride without whip or stick or other arm  a allegation that he road without whip and stick or other arm be  unexceptionable as a averment of performance after a verdict for he SC Str Mod  and Q whether it will not be sufficient upon demurrerThe report in Mod be  silent as to this point and in Str the court be make to say that the  declaration will have be ill upon demurrer a debt for a penalty of for  nonperformance of article enter into between the plaintiff and defendant for  run a horserace upon nil debet plead and a verdict for the plaintiff sergeant  chapel move in arrest of judgement that one of the agreement in the article be  that the rider of each horse shall ride without whip Lord Raymond well stick  well other arms England weapon praeter greave et calcaria and the plaintiff  among the other necessary fact allege in the declaration aver that the rider  of his horse come at the time to the start place upon the back of his horse  cum greave et spur send without whip et stick well other arms ready to ride  the course and then set out that the defendant be then and there upon his  horse just in the same manner and that the plaintiff rider and the defendant  then and there in form prediction be upon the say horse do start and run and  the plaintiff horse win the race c so that this averment be that the plaintiff  rider do ride without stick et whip be may have either a stick or a whip for  the averment be he have not both but if he have either he do not ride accord  to the agreement and therefore the plaintiff have not entitle himself to this  action because he have not show he run accord to the agreement in the article  but the court seem all to incline this will have be good upon a demurrer  because the averment be that he rid without whip et bact lo well other arms c  that well make the whole sentence disjunctive and be as much as say he rid  without a whip or a stick or other weapon however all the judge be clear of  opinion it be sufficient after a verdict and whether it will be good or not on  a demurrer it be certain good after a verdict for they can not but intend that  it be prove upon the trial that the rider rid without either whip or stick  accord to the article otherwise the judge who try the cause will not have  permit the jury to have find for the plaintiff and so the truth be for it be  try before just ice Raymond lend assize at Taunton and therefore judgement be  give for the plaintiff June the that salk holt opinion I Bulstr Cox case cro  Elizabeth Hopkins v Stafford and more be cite and for the defendant cro  Elizabeth Leon be cite Lord Raymond er p Lord Raymond michaelmas term george  king b r