case newton versus rouse follow Hirst v Tolson Mac g comment on and not follow  Whincup v Hugh r l c p see also web v England Bea v fern v car Ch d maii Lord  chancellor Eq can ab pl S c a a attorney take b as his clerk and receive and  by article agree with the father of b to return pound of the money if he die  within a year a die within three week the executor of a decree to pay back one  hundred guinea the defendant be executor of one child a attorney with who when  he lie ill of the sickness whereof he afterward die the plaintiff place his  son and give pound guinea with he and article be make and execute by which it  be provide that in case child die within one year that then pound of the money  shall be return it happen that child never recover but die within three week  after seal of the article and payment of the money and the bill now be to have  a great sum than pound pay back the court notwithstanding the party themselves  have provide against accident and agree for a certain sum to wit pound to be  return in case child die within a twelvemonth and that modus assembly vincu  law yet decree guinea to be pay back to the plaintiff the father or so much in  silver as amount to the value thereof it appear in the plead that at the time  of execute the article the testator be indispose the plaintiff be unwilling to  seal the say article or pay the guinea until the say testator declare that in  case he shall not live to go abroad the say guinea shall be return to the  plaintiff and that he be only trouble with a cold and hope to be abroad in two  or three day and thereupon the plaintiff seal the say article and pay the  guinea to the say testator Reg lib b fol as to the jurisdiction of this court  touch the return of apprentice fee and other matter relate to apprentice it  seem doubtful to what extent it exist in Thurman v Abel post vol the court  decree between master and apprentice in London but it appear that the  indenture of apprenticeship be not enrol so that the matter be not proper  cognisable before the chamberlain of London argles v Heaseman atk be a case of  master and apprentice and the fee be pound pay and a bind for the payment of  pound more on a contingency therein mention and for performance of covenant in  the indenture of apprenticeship the contingency happen and the pound be pay  the justice upon application for improper treatment make a order to discharge  the apprentice and refund one sum of pound this be pay and the order quash in  king b and then another order to discharge the apprentice make by the justice  the master then bring his action on the bind and the bill be for a injunction  Hardwicke Lord chancellor say he have no jurisdiction but make a decree by  consent the last case on this subject that appear be hale v web bro Ch Rep  this be a case of discharge of the indenture by consent of the party it be not  state that the indenture be enrol in London but they must have be so because  the party go before the chamberlain to discharge they nothing be there say  about the return of the premium guinea and the bill be for that return Kenyon  master of the roll dismiss the bill on the ostensible ground that nothing  appear in the agreement between the party as to the discharge of the indenture  about the return of the premium and say the remedy if any lie at law for the  money and disclaim the jurisdiction of the court in such a case but say that  in case of bankruptcy this court can relieve as come under the head of  accident vide ex part sandby atk Barwell v ware ibidem Qure therefore if the  death of the master or apprentice will not give the court jurisdiction note  the case salk cite in else argument in hale v web be barber v Dennis and be  mere of a action for money earn by the apprentice and the question turn on the  validity of the apprenticeship vide stat Elizabeth cap sect which appear to be  confine to dispute between master and apprentice and which by the statute be  to be refer to a justice of the peace of the county or mayor or other head  officer of the town c and then if necessary to the session who may discharge  the apprentice see also on the subject of return of premium cuff v brown price  ex part Prankerd b a Vernon chancery case er p