Archibald Buchanan, defender, agreed to be an apprentice to Stephen Maxwell, pursuer. An indenture between the two men specified the penalties that Buchanan would pay if he missed work; it also required Maxwell to pay Buchanan a stipend for board. Several years into the indenture, Maxwell accused Buchanan of theft and had him jailed. Buchanan was released on bail and never brought to trial. He then sought either to return to work or to be free of the indenture. Maxwell refused to receive him and raised an action for the contractual penalties, as well as for damages relating to Buchanan’s failure to complete the indenture.
William Morison, The Decisions of the Court of Session (1811), pg. 593