chargeable to any parish, the overseers or guardians of such parish, or the guardians of any union in which such parish may be situate, may, if they think proper, after diligent enquiry as to the father of such child, apply to the next general quarter sessions of the peace, within the jurisdiction of which such parish or union shall be situate, after such child shall have become chargeable, for an order upon the person whom they shall charge with being the putative father of such child, to reimburse such parish or union for its maintenance and support." 4 & 5 W. 4, c. 76, s. 72. Therefore where a bastard child, born since the passing of this statute, (14th August, 1834), becomes chargeable to a parish, the overseers should immediately make enquiry as to the putative father; and if they learn this from the mother, they should then make inquiries, and endeavour to obtain such evidence, confirmatory of the girl's account, as may be sufficient to satisfy the justices at sessions, that the party to be charged is the putative father of the child. By whom.] If the parish or township, to which the child has become chargeable, be in an union, the application must be by the guardians of the union; but if the parish or township be not in an union, the application may be made by the churchwardens and overseers, or by the guardians where the poor are under the management of guardians. Supra. When.] The statute requires that the application shall be made at the next sessions after the child becomes chargeable; supra; that is to say, the next practicable sessions, after the overseers, having made diligent inquiry as to the father, shall be in a situation to make the application. R. v. JJ. of Oxfordshire, T. 1836. Arch. Sess. Pr. 403. And see R. v. JJ. of Carnarvonshire, 5 Nev. & M. 361. Notice.] No such application shall be heard at such sessions, unless 14 days' notice shall have been given, under the hands of such overseers or guardians, to the person intended to be charged with being the father of such child, of such intended application; and in case there shall not, previously to such sessions, have been sufficient time to give such notice, the hearing of such application shall be deferred to the next ensuing quarter sessions." 4 & W. 4, c. 76, s. 73. See the form of the notice, Arch. Sess. Pr. 405. This notice must be signed by a majority of a board of guardians, (not being less than three), if the parish be in an union; or by a majority of the churchwardens and overseers, if the parish be not in an union. A defect in this notice or in the service of it, will not be waived, by the putative father appearing at the sessions and opposing the application. 5 Nev. & M. 361. R. v. JJ. of Carnarvonshire, Proceedings at the hearing.] "The court to which such application shall be made, shall proceed to hear evidence thereon; and if it shall be satisfied, after hearing both parties, that the person so charged is really and in truth the father of such child, it shall make such order upon such person in that respect, as to such court shall appear to be just and reasonable under all the circumstances of the case." 4 & 5 W.4, c. 76, s. 72. "Provided always, that no such order shall be made, unless the evidence of the mother of such bastard child shall be corroborated in some material particular by other testimony, to the satisfaction of the court. Id. "If such person so intended to be charged, shall not appear by himself or his attorney, at the time when such application shall come on to be heard before such court, according to such notice, such court shall nevertheless proceed to hear the same, unless such overseers or guardians shall produce an agreement, under the hand of such person, to abide by such order as such court shall make thereon, without the hearing of evidence by such court: provided always, that such court may, notwithstanding such agreement, require that evidence shall be given in support of such application, if it thinks fit, before such order is made." Id. s. 74. The form of such written agreement or consent, may be thus: 2 I hereby consent that the court of quarter sessions for the county of to be holden on at in the said county, may make an order upon me, as the putative father of the bastard child of which Ann Styles has been delivered; and I hereby agree to abide by such order as the said court shall make her upon, without the hearing of any evidence by such court. Given under my hand this day of 1839. JOHN NOKES. If the putative father have given this consent, the counsel for the parish, at the sessions, having made the application, has merely to prove the party's signature to this consent, and examine the overseer as to the amount already paid for the maintenance of the child, for a period not exceeding six months. But if the party have not signed such consent, then the parish will have to prove 1. The service of a copy of the notice, and that the notice is signed by the churchwardens and overseers, or guardians. 2. By the mother, that she is a single woman, has had a child, and that the party charged is the father of it; the time of the birth; and when the child became chargeable. 3. Evidence confirmatory of what the mother has stated, as to the party charged being the putative father. 4. By the overseer or relieving officer, the amount expended in the maintenance of the child, during a period not exceeding six calendar months,—not including any sums paid to, or laid out upon, the mother. Order.] If the court make an order, they thereby, after reciting the application and hearing, &c. require the putative father to pay a weekly sum, usually 1s. 6d. or 2s., to the overseers, for its future maintenance; and also any sum which may have already been expended in maintaining it, during the six calendar months previous to the hearing of the application. 4 & 5 W. 4, c. 76, s. 73. And the statute provides that "such order shall in no case exceed the actual expense incurred or to be incurred for the maintenance and support of such bastard child while so chargeable, and shall continue in force only until such child shall attain the age of seven years, if he shall so long live; provided also, that no part of the monies paid by such putative father, in pursuance of such order, shall at any time be paid to the mother of such bastard child, nor in any way be applied to the maintenance and support of such mother. Id. s. 72. See forms of the order, Arch. P. L. Amend. Act, p. 25-27. Costs.] If the court make the order, they cannot order the putative father to pay the overseers' or guardians' costs; the statute gives them no authority to do so. But if, " upon the hearing of such application, the court shall not think fit to make any order thereon, it shall order and direct that the full costs and charges, incurred by the person so intended to be charged, in resisting such application, shall be paid by such overseers or guardians." 4 & 5 W. 4, c. 76, s. 73. BAWDY HOUSE. See" Disorderly House." BEASTIALITY. See" Unnatural Practices." BIGAMY. "If any person, being married, shall marry any other person during the life of the former husband or wife, whether the second marriage shall have taken place in England or elsewhere:" felony, transportation for seven years, or imprisonment, with or without hard labour, for not more than two years. 9 G. 4, c. 31, s. 22. But, by the same section, the act shall not extend to a second marriage out of England by any but a British subject; nor to a person marrying a second time, "whose husband or wife shall have been continually absent from such person for the space of seven years then last past, and shall not have been known by such person to be living within that time;" nor to a person who, at the time of the second marriage, shall be divorced from the bond of the first marriage; nor to a person whose former marriage shall have been declared void by the sentence of a court of competent jurisdiction. The offender may be tried, &c. in the county in which he is apprehended or is in custody. Id. In order to sustain this charge, the prosecutor must prove the two marriages. These may be proved by any person who was present, and can identify the parties, or by producing and proving an examined copy of the registry of the marriage, and given satisfactory proof of identity; and this evidence will be sufficient, without proof of any licence or publication of banns. R. v. Allison alias Wilkinson, R. & Ry. 109. If either marriage were in a foreign country, proof that it was solemnized in the manner usual in that country, will be good presumptive proof that it was a valid marriage. Lacon v. Higgins, 3 Stark. 178. It may be necessary to mention that since the Marriage Act 4 G. 4, c. 76, a marriage, by licence, of persons under age, without the consent of parents, is not void, the 16th section of that act upon the subject being merely directory; R. v. Birmingham, 8 B. & C. 29; also, that a marriage by banns in a false name, is not a nullity, unless it be proved that both parties had a knowledge of it; R. v. Wroxton, 4 B. & Ad. 640; nor can it be objected to by the party who caused the false name to be used; R. v. Allison alias Wilkinson, supra. R. v. Edwards, R. & Ry. 283; nor will it be any objection that at the time of the marriage by banns, the parties did not reside in the parish. R. v. Hind, R. & Ry. 253. The prosecutor must also prove that at the time of the second marriage, the first wife or husband was alive. It may be necessary to mention that the first wife or husband cannot be a witness; the second may. Commitment:-On at · feloniously did marry and take to wife one E. F., C. B. his former wife, to whom the said A. B. was previously married, being then alive; against the form of the statute in such case made and provided. And you the said keeper, &c. BLASPHEMY AND PROFANENESS. Blasphemies against God, such as denying his being or providence, and all contumelious reproaches of Christ, being offences tending to subvert religion and morality, are indictable as misdemeanors at common law, and punishable with fine or imprisonment, or both. 1 Hawk. c. 5, s. 1,5. See R. v. Taylor, 1 Vent. 293. Woolstan's case, 2 Str. 834, Fitzg. 64. R. v. Annet, 1 W. Bl. 395. In the same manner, all profane scoffing at the holy Scripture, or exposing any part of it to contempt or ridicule, being an offence of the same tendency, is likewise a misdemeanor, and similarly punished. 1 Hawk. c. 5, 8. 2, 5. So, speaking or writing against Christianity, or even against the established religion (exceping the disputes of learned men upon particular controverted points, Per Cur in R. v. Woollaston, supra), is a misdemeanor at common law, punishable in the like manner. See R. v. Thomas Paine, 1 East, P. C. 5. R. v. Hall, 1 Str. 416. at Commitment for a blasphemous libel:-On unlawfully and wilfully did compose, print and publish a certain scandalous, impious, blasphemous, and profane libel, [of and concerning the holy scriptures, and the christian religion.] And you the said keeper, &c. BREAD AND FLOUR. 1. Reguiations within the Bills of Mortality. 1. Regulations within the Bills of Mortality. Bread, of what materials, p. 154. Adulterating bread, p. 155. |