argalis and HEASEMAN the session have a original jurisdiction in respect of  discharge a apprentice but a apprentice can be discharge without appearance or  summons of the master use the apprentice unkind not a sufficient reason for  discharge he Cun Str S c marsh move to quash a order of session make for  discharge a apprentice be it exception that this be a original application to  the session whereas they have no original jurisdiction their jurisdiction in  these case tempt Hardwicke case arise from the stat Elizabeth c sec and in  Carth the king and gately a order grant for go original to the session which  case be also in Mod d exception that if the session have a original  jurisdiction yet it be limit upon the appearance of the master or some default  make by he which ought to be show in the order and nothing of that appear on  this order d exception that the jurisdiction in this case be not right  exercise for the reason they give and they be bind to give a reason as for  unkind usage from the master now the Act give they jurisdiction if the master  misuse his apprentice or evil entreat he and the allege unkind usage come not  up to that and though the order say further that the master refuse to continue  he in his service or to entertain he accord to the indenture that will not  make it better for in the case of the king and Davie stram Ses Cas pl Fel  trill geo S c a order state that the master declare he will not take his  apprentice and hold to be no sufficient reason and the order quash Pilsworth  as to the first objection there have be several resolution contrary to that of  the king and gately and particular in the case of the king and Johnson salk it  be solemnly settle that the session have original jurisdiction notwithstanding  the word of the Act stram S C see Ses Cas pl Barnard b r SC id Kel pl as to  the d objection he cite the case of Dillan I salk and Ditton salk but on look  into they they appear to be direct against he and in the case of Ditton it be  say that the Act must have a reasonable construction so as not to permit the  master to take advantage of his own obstinacy as to the d objection he say the  Act leaves it to the justice discretion to discharge if they see cause Lord  Hardwicke c j as to the first objection the late case have be that the session  have a original jurisdiction and though it be to be wish that private justice  have prior jurisdiction as be less expensive yet I think it be a right  determination upon that Act that the session have a original jurisdiction for  the case tempt Hardwicke er p application which the Act direct to be make to a  private justice seem to mean only to arbitrate and accommodate the dispute the  statute say if he can compound the matter he be to take bind for the party  appearance at the session so that they be not to take it up by appeal see wms  sand a n case tempt Hardwicke as to the d objection I think it be not to be  get over in case of conviction appearance have always be hold necessary but in  case of order in general the court in many case will presume in all respects  rite be acta and that distinction between order and conviction I agree be  confirm in the case of the king and Lloyd stram Barnard b r S c Ses Cas pl in  Michaelmas last but then that presumption be only in case of order upon  statute which do not in express term require a appearance but now we be upon a  Act which give the justice authority to proceed upon the appearance of the  party so that it be make a essential requisite by the Act to find their  jurisdiction Id n as to the d exception in general it be not necessary to set  out the reason of their judgement but here the Act require it and it be right  say that use unkind be not such misuse as be intend by the Act and if the  follow reason his refuse to continue he in his service be to be understand of  a absolute refusal to let he continue with he and not only as a refusal to  entertain accord to his article that neither will be a ground for this order  because the justice have a power to compel the master to take he again as be  do in the case of the king and Davie cite p ante however this be more doubtful  Id n see also burn title apprentice sect but on the d exception the order must  be quash this case be cite I Const