case the queen against gold a indictment lie for disobey a order of justice in  not receive and provide for a poor apprentice pursuant to Elizabeth c but be a  nonfeasance it ought not to be lie way et arms S c salk S c Sett Rem salk side  salk lev ray gold be indict for that one a a poor boy be set out to he as a  apprentice pursuant to the statute Elizabeth c be way et arms refuse to  provide for he it be move to quash it first modern because it be not a matter  indictable second in case it be indictable there shall have be first a  application to a justice of peace and after a appeal to the session and then  perhaps for disobedience to such order a indictment will lie three it be lie  to have be way et arms which be absurd it be for a nonfeasance per curian if  this have be the case of a common apprentice air indictment will not lieSee  king v Trevilian stram a indeed former it have be hold general and by all the  judge in pine case keb b that the justice can not compel a man to take a  apprentice upon the statute Elizabeth c but since the contrary opinion have  prevail the king v Fairfax Mod S c show see also king v cross comb king v  fleet call king v clap term Rep king v Tunstead hop term Rep king v saint  Nicholas Nottingham term Rep a and then when we allow they such power of  necessary consequence we must allow a indictment for disobedience to their  ordersSee king v balm Cowp b either in not receive or receive and after turn  off or not provide for such apprentice and though a Act of parliament  prescribe a easy way of proceed by complaint as be urge yet that do not hinder  a indictment the will c enact that when any poor child shall be appoint to be  bind apprentice pursuant to the Elizabeth c S the person or person to who they  be so appoint to be bind shall receive and provide for they accord to the  indenture sign and confirm by the two justice of the peace and also execute  the other part of the say indenture and if he or she shall refuse to do so  oath be make thereof by one of the churchwarden or overseer of the poor before  any two justice of the peace for that county c be or she shall forfeit for  every such offence the sum of ten pound see also Geo c c and though the way et  arms in this case be absurd yet it be only surplusage which will not vitiate  and the court refuse to quash it