case fitzhugh against Dennington if a master give a bind to make his  apprentice free of the city at the end of seven year if request the defendant  may plead to a action of debt on this bind that at the end of seven year or  after he be not request c for he be not bind to do it except upon request make  at the time appoint for the performance SC post SC salk SC salk SC holt SC ld  ray error of a judgement in the marshal court in debt upon a bind the  defendant upon oyer of the bind which recite that the plaintiff be become a  apprentice to the defendant for seven year and be condition that if the  defendant at the end of the say seven year shall make procure or cause the  plaintiff to be make free of the company of joiner of London if thereunto  request then the obligation to be void plead that ad that which divides of the  say seven year or after until time of action bring he be not request to which  the plaintiff demurrer judgement be give for the plaintiff below suppose the  request not material at all or at least if it be that the plea shall have be  that be never be request and not to tie it up to a request at the end of the  seven year or after for he may have request before the end of the seven year  to make he free at the end of the seven year but Montague for reverse the  judgement insist that if in this case the request have not be express make  part of the condition yet the plea will not have be good and he take a  diversity that when there be a duty make by the bind there needs no averment  of a request but otherwise when the bind be for do a collateral act as here  and for this he quote Brownl but whenever the condition be to do a thing when  thereunto require or if thereunto require there the request be part of the  condition and must be aver per curian the request be material here the meaning  be plain from the recital that the defendant be to have make the plaintiff  free at the end of seven year that be when his time be out if the plaintiff  please which be to be signify to the defendant by request and the request must  be when the condition can be perform videlicet at the end of seven year and  not before and if it be a good request within the seven year that ought to be  show on the plaintiff side otherwise it shall not be intend for it can be  intend that one will request a thing to be do before it be to be or can be do  and the judgement be reverse nisi this case be move again and after a second  argument the judge give their opinion seriatim and the judgement be unanimous  reverse SC post a