case cardinal against HESKET easter term Eliz roll in debt on a bind condition  to repay on notice what a apprentice may emhezzle the declaration must show  the place where he be indenture that he be a person within the operation of  Elizabeth c the proof that head emhezzle and that due notice be give to the  obligor swill sand Bl Rep DdugL I Tem Rep b r debt upon a obligation condition  if Robert Hesket who be bind apprentice to the plaintiff shall embezzle any of  his master good and if within twenty davs after notice thereof give to the  defendant and one Thomas Hesket and priof thereof make unto they the defendant  shall pay to the plaintiff such sum of money as the good emhezzled be worth  that then c the defendant prolestando that there be not any of the plaintiff  good emhezzles pro plea to say there be not any notice give to the defendant  and Thomas Hesket the plaintiff reply that such a day Rohert Hesket hecame  bind his apprentice and that he to take in hand extra possession of the  plaintiff such good and sell they to person unknown and that he give notice  thereof unto they eschew that paper unto they under the apprentice own band  wherein he confess it and thereupon the defendant demurrer first because he do  not show in what place he hecame a apprentice which be material and it be hold  to be a good exception per totan curian second because he show not that he be  such a person who may he a apprentice by the statute of Elizabeth c and this  be also hold to he a material exception and although the statute be not plead  yet he shall take advantage thereof because it be a general statute three that  this notice and proof be not sufficient for it ought to have be give to they  both together and be give to one at one time and to the other at another time  it be not sufficient and this proof also be not sufficient in itself be only  upon the apprentice own confession who be not de digqiUs wherefore for these  and other exception it be adjudge for the defendant vide Richard bar assize  Henry how proof shall he make