LXV. Mich. 15 Eliz. In the Common Pleas.
AN Action of Debt was brought against one upon an Obliga∣tion▪ It was upon an Apprentice Bond; The Condition of which was, That if such a one did become the Apprentice of the Obligee, and transport his Merchandises beyond the Seas, and make a Retorn of them, and maketh an Accompt unto the Obli∣gee, and payeth the Monies upon his Accompt within a certain time, that then, &c. And afterwards, the Obligee doth release by Deed to the Servant the Apprentice, and not to the Obligor: And in Debt brought against the Obligor, he pleaded the Release. And it was said by the Lord Dyer, and by the whole Court, That by the Release to the Servant, the Obligation was saved, if the Release were made before any forfeiture; or that the Servant or Appren∣tice had broken any of the Conditions, or any point according to the Covenants: but if it was made after any of them was broken, then such a Release to the Servant, did not dispence with the Obli∣gation which was made by the stranger, because an Obligation once forfeited, cannot be saved by any Act or Release made or done to a stranger.