It must state the child to have been born in the parish (1), the sex of the child (u), and who begot it (v), and must adjudge him to be the putative father (w); and it must specify the sum in gross to be paid by the father for the expenses attending the birth, &c. (a), and the weekly sum to be paid by the father or mother for the maintenance of the child whilst chargeable (y).

(t) R. v. Butcher, 1 Stra. 437. ii. 1359. R. v. Hexham, 1 Bott, 489. ii. 1360. R. v. Childers, 1 Barnard. 326. ii. 1361. R. v. Stanley, Cald. 172. ii. 220. R. v. Fox, 1 Bott, 492. ii. 1362. Anon., Styles, 368. ii. 1363. R. v. Cuddington, Set. and Rem. 38. ii. 1364. R. v. Godfrey, Ld. Raym. 1363. ii. 1365.

(u) R. v. England, Stra. 503. ii. 1366. (v) R. v. Browne, 2 Stra. 811. ii. 1367. () R. v. Perkasse, 2 Sid. 363. ii. 1368. See R. v. Jenkins, Str. 1050. ii. 1370.

(a) Reg. v. Odam, 1 Salk. 124. ii. 1371. Quarter, 4 M. and S. 559. ii. 1339.

R. v. Pitts, Doug. 662. ii. 1369.

See R. v. Hartington, Upper

(y) See R. v. Johnson, Comb. 69. ii. 1372. R. v. Barebaker, Salk. 478. ii. 1373. Smith's case, 1 Bott, 488. ii. 1374. R. v. Matthews, Salk. 475. ii. 1375. See the form of the order, infra, (1).

(1.) Form of the Order.

County of The order of J. P. Westmoreland. J and K. P. esquires, two of his majesty's justices of the peace in and for the said county, one whereof is of the quorum, and both residing [in, or] next unto the limits of the parish church within the parish of in the said County, made the

day of one thousand eight hundred and -, concerning a [fe] male bastard child lately born in the parish of aforesaid, of the body of A. M. single woman. Whereas it hath been duly made to appear unto us the said justices, as well upon the complaint of the churchwardens and overseers of the poor of the said parish of as upon the oath of the said A. M. that she, the said A. M., on the -day of last past, was delivered of a [fe]male bastard child, at- in the parish of in the said county, and that the said bastard child is now chargeable to the said parish of

, and likely so to continue; and further that A. F. of in the said county, yeoman, did beget the said bastard child on the body of her the said A. M. And whereas the said A. F, has appeared before us, in pursuance of VOL. I.

our summons for that purpose, but has not shewn any sufficient cause why he the said A. F. shall not be the reputed father of the said bastard child [or, And whereas it has been duly proved to us upon oath that the said A. F. has been duly summoned to appear before us the said justices, to the end that we might examine into the cause and circumstances of the premises: and whereas the said A. F. has neglected to appear before us, according to the said summons]; We therefore, upon examination of the cause and circumstances of the premises, as well upon the oath of the said A. M. as otherwise, do hereby adjudge him the said A. F. to be the reputed father of the said bastard child.

And thereupon we do order, as well for the better relief of the said parish of as for the sustentation and relief of the said bastard child, that the said A. F. shall and do forthwith, upon notice of this our order, pay or cause to be paid to the said churchwardens and overseers of the poor of the said parish of -, or to some or one of them, the sum of -, for and towards the reasonable charges and expenses incident to the said birth,

E b

If the order be not obeyed, the party may be com mitted for three months, unless in the mean time he pay the sum appearing to be due (z). Or the party may be indicted for not obeying the order, as for a misdemeanor at common law.

(z) 49 Geo. 3. c. 68. s. 3. See 18 Eliz. c. 3. s. 2. See R. v. Archer, 2 T. R. 270. ii. 1376.

As to securing the reputed father, see 1 Burn's Just. 243, &c. And see 6 Geo. 2. c. 31. s. 1, 2, 3. 13 Geo. 3. c. 82. s. 8. 49 Geo. 3. c. 68. s. 2, 6. And as to the punishment of the mother, see 18 Eliz. c. 3. s. 2. 50 Geo. 3. c. 51.

As to bonds to indemnify the parish, see 1 Burn's Just, 246, &c. 49 Geo. 3. c. 68. s. 2. 54 Geo. 3. c. 170. s. 8. Certiorari, &c.

2. The Appeal.

Any person who shall think himself aggrieved by an order of filiation made by two justices, and not originating at the sessions, may appeal («).

(a) 49 Geo, 3. c. 68. s. 5.

The appeal must be to "the next general quarter ses

and for and towards the mainte- of the said parish of for the nance of the said bastard child, to time being, or to one or some of the time of making this our order. them, the sum of -weekly And whereas it further appeareth and every week from this present unto us the said justices, as well time, for and towards the keepupon the oath of as other- ing, sustentation, and maintenance wise, that the reasonable costs of of the said bastard child, for and apprehending and securing the said during so long a time as the said A. F. and the costs of this our bastard child shall be chargeable to order of filiation (if it be all in one the said parish of And we order), do amount together to the do further order, that the said A. M. sum of (not exceeding 101., shall also pay or cause to be paid to see 49 Geo. 3. c. 68. s. 4.) We the the said churchwardens and oversaid justices do thereupon further seers of the said parish of order that the said A. F. shall for the time being, or to some of and do forthwith likewise the one of them, the sum of weekly and every week, so long as the said bastard child shall be chargeable to the said parish of

said last-mentioned sum pay -,

for the indemnifying the said parish
of W. against the said last-men-
tioned sum of
". And we
do also hereby further order that
the said A. F. shall likewise pay
or cause to be paid to the church-
wardens and overseers of the poor

-, in case she shall not nurse and take care of the said child her. self. Given under our bands and seals the day and year first above written.

sions of the peace, to be holden for the county where such order shall be made” (b).

(b) 18 Eliz. c. 3. s. 2. 49 Geo. 3. c. 68. s. 5. R. v. Coyston, 1 Sid. 149. ii. 1377. R. v. Brown, Salk. 480. ii. 1378. R. v. Shaw, Šalk. 482. ii. 1379.

Notice of Appeal.] The notice of appeal must be given to the justices who made the order, or to one of them, and also to the churchwardens and overseers of the poor of the parish on whose behalf such order shall have been made, or to one of them, ten clear days before the sessions (c); otherwise the appeal shall not be received or heard (d).

(c) 49 Geo. 3. c. 68, s. 5.

(d) 49 Geo. 3. c. 68. s. 7. R. v. JJ. of Lincolnshire, 3 B. and C. 548. ii. 1380.

This notice of the party's intention to appeal must state the 66 cause and matter thereof" (e); that is to say, the grounds on which he intends to object to the order at the sessions (f). It need not, however, be in writing: a notice by parol has been holden to be sufficient (g).

(e) 49 Geo. 3. c. 68. s. 5.

(f) R. v. JJ. of Oxfordshire, 1 B. and C. 279. ii. 1381.

(5) R. v. JJ. of Salop, 4 B. and A. 626. ii. 1382. See the form of the notice of appeal, infra (1).

Recognisance.] Besides giving notice of appeal, the party must also " enter into a recognisance, within three days after such notice, before some justice of the peace

(1) Form of the Notice.

To A. B. and C. D. esquires, two of his majesty's justices of the peace for the county of, and to the churchwardens and overseers of the poor of the parish of C., in the said County.

This is to give notice, to you and every of you, that I, W. F., do intend, at the next general quarter sessions of the peace, to be holden in and for the said county of

at J., in the said county, to appeal
against a certain order of the said
A. B. and C. D., purporting to be
made the- day of
-, one
thousand eight hundred and
Concerning a [male] bastard child,
born in the parish of C. aforesaid, of
the body of A. M. single woman,
whereby the said A. B. and C. D.

did (amongst other things,) adjudge
me the said W. F. to be the reputed
father of the said child; and that
the cause and matter of such appeal
are, that [I, the said W. F., am not
the reputed father of the said bas-
tard child; that I, the said W. F.,
did not beget the same; that I, the
said W. F., never had carnal con-
nexion with the said A. M.; and
that the said A. M. is now, and was
at the time of the birth of the said
child, a married woman]. Of all
which premises you the said jus-
tices, and you the said churchwar-
dens and overseers, and each and
every of you, are hereby desired to
take notice.
W. F.
Witness,

for such county, with sufficient surety, conditioned to try such appeal, and abide the judgment and order of, and pay such costs as shall be awarded by, the justices of such quarter sessions" (h); otherwise the appeal shall not be received or heard (i).

(i) 49 Geo. 3. c. 68. s. 7. R. v. JJ. of Lincolnshire, 3 B. and C. 548. ii. 1380. See the form of the recoguisance, infra (2).

Proceedings at the Hearing.] The appellant, if called upon (k), must prove the service of the notice and the entering into the recognisance (which of course will be returned to the sessions), before the respondent opens his case; and it must appear that they are such notice and recognisance as were required by the statute.

The counsel for the respondent then begins (7): be states his case and calls witnesses to prove it.

(2) Form of the Recognisance.

The counsel for the appellant then addresses the court, remarks upon the case stated on the part of the respond. ents, and either shews that it has not been proved by the evidence adduced in support of it, or he sets up a case in opposition to it, and calls witnesses to prove it.

If the appellant call witnesses to prove his case, the respondent's counsel will be entitled to the reply.

As to the evidence, vide infra.

It may be necessary to state, that no objection can be made to the order for want of form; for, by the statute 5 Geo. 2. c. 19. s. 1. all defects of form shall be amended by the justices, without costs; and, after such amendment, they shall proceed to examine the truth and merits of the case (m).

(m) See 5 Geo. 2. c. 19. s. 1.

Evidence.] The respondent must prove three things: first, that the woman was delivered of a living (n) child, (male or female, as stated in the order); secondly, that the child is a bastard; and, thirdly, that the appellant is the putative father of it. All this is usually proved by the testimony of the mother, confirmed, if necessary, by other evidence. If the woman be unmarried, she may prove the whole of it; that the child was born a bastard is of course proved by her testimony that she was unmarried, or not legally married (0), at the time of its birth and when it was begotten. If she be reputed to be a married woman, either she or the reputed husband may prove that she never was legally married (p).

(2) R. v. De Brouquens, 14 East, 277. ii. 1333.

(0) See ante, p. 33.

(p) R. v. Bramley, 6 T. R. 330. ii. 417. R. v. St. Peter's, Burr. S. C. 25. ii. 375.

If the woman be married, she may prove her delivery, and her connexion with the putative father (q); but not the non-access of her husband, which must be proved aliunde (r). Formerly, it was said, that if the husband was within the four seas, the issue of the wife should be (9) R. v. Reading, Andr. 10. ii. 1384.

(r) R. v. Kea, 11 East, 132. ii. 418. See R. v. Luffe, 8 East, 193. ii. 419. R. v. Rooke, Wils. 340. ii. 1385.