of, is the father of such child, and having given proof to me that the said did within the twelve calendar months next after the birth of such child pay money for its maintenance, maketh application to me for a summons to be served upon the said to appear at a petty session to be holden for the petty sessional division (a) in which I usually act, to answer such

complaint as she shall then and there make touching the premises. Exhibited before me, the day and

year first above written.

(a) Or city, borough, or other place, as the case may be.

The woman's deposition upon oath.] If the application be before the birth of the child, "the woman shall make a deposition upon oath, stating who is the father of such child." 8. 2. The following may be the form :

Deposition, before birth.

Id.

Application and deposition of

a single woman,

to wit.

residing at in the county (a) of

upon oath before me, the undersigned

-, taken one of Her Majesty's

justices of the peace acting for the (a) petty sessional division of

in the said county of

day of in the year of our and forty

in which she resides, this Lord one thousand eight hundred

who upon her oath (b) saith, that she is now

of

in the county of

with child, and that is the father of the child with which she is now pregnant, and maketh application for a summons to be served upon the said alleged by her to be the father of the said child, to appear at a petty session to be holden after the birth of such child for the petty sessional division (a) in which I usually act, to answer such complaint as she shall then and there make touching the premises.

of

Exhibited and sworn before me, the day}

and year first above written.

(a) or city, borough, or other place. (b) or affirmation.

The summons.] Upon the woman making this application, and, when necessary, making a deposition on oath as to the father of the child,-the "justice of the peace shall thereupon issue his summons to the person alleged to be the father of such child, to appear at a petty session, to be holden after the expiration of six days at least for the petty sessional division, city, borough, or other place, in which such justice usually acts," Id. s. 2, if the application be after the birth of the child; but if the application be before the birth, the justice "shall summon the man to appear at some petty session at which he usually acts, to be held on a day after the time when the said mother shall expect the child to be born." 8 & 9 Vict. c. 10,

8. 4. If there be two or more petty sessions usually holden in any such division, or where any justice acts for two or more of such divisions, he shall require the party, whom he shall summon, to appear at the petty sessions to be held in any such division as he shall deem fit. Id. s. 10. So, that although the mother must apply for the summons to a justice acting for the petty sessional division within which she resides, yet if that justice usually act for two divisions, he may make the summons attendable at either. The following may be the form of the summons after birth :

to wit.

}

Το

Summons after birth.
of the parish of·

in the county of

Whereas application hath been this day made to me, the undersigned, one of Her Majesty's justices of the peace for the (a) of, by single woman, residing at in the (b) petty sessional division of the said county for which I act, who hath been delivered of a bastard child since the passing of the Act of the eighth year of the reign of Her present Majesty, intituled "An Act for the further Amendment of the Laws relating to the Poor in England," within twelve calendar months from the date hereof, and of which bastard child she alleges you to be the father, for a summons to be served upon you to appear at a petty session of the peace, according to the form of the statute in such case made and provided.

These are therefore to require you to appear at the petty session of the justices holden at -, being the petty session for the division (b) in which I usually act, on (c)

day of

at

of the clock in the

of our Lord one thousand eight hundred and forty ·

the

noon in the year

to answer

any complaint which she shall then and there make against you

touching the premises.

Herein fail you not.

Given under my hand, at
day of

in the county (b)

this

in the year of our Lord one thousand eight hundred and forty

Note. If you neglect to appear at the petty sessions as above stated, the justices, upon proof that this summons has been duly served upon you, or left at your last place of abode, may proceed, if they think fit, to make an order upon you, as the putative father of the child above referred to, to pay a weekly sum to the said mother for its maintenance, and other sums for costs and expenses.

(a) or county, city, or borough, or other place, as the case may be. (b) or city, borough, or other place.

(c) Insert some day, at least six

days after the date of the summons, and after the day when the same can be served upon the man, or at his place of abode.

The following may be the form after birth, where the father has paid for the maintenance of the child within twelve months :

Whereas application hath been this day made to me, the undersigned, one of Her Majesty's justices of the peace for the (a) of- by, single woman, residing at in the (b) petty sessional division of the said county for which I act, who hath been delivered of a bastard child more than twelve calendar months before this day, of which bastard child she alleges you to be the father, and for the maintenance whereof she hath given me proof that you did within the twelve calendar months next after its birth pay money, for a summons to be served upon you to appear at a petty sessions of the peace, according to the form of the statute in such case made and provided.

These are therefore to require you to appear at the petty session of the justices holden at —, being the petty session for the division (b) in which I usually act, on (c)

day of

at

the

of the clock in the noon, in the year

to

of our Lord one thousand eight hundred and forty answer any complaint which she shall then and there make against you touching the premises.

Herein fail you not.

Given under my hand, at

day of

in the county (b)

this

in the year of our Lord one thousand eight hundred and forty Note. If you neglect to appear at the petty sessions, as above stated, the justices, upon proof that this summons has been duly served upon you, or left at your last place of abode, may proceed, if they think fit, to make an order upon you, as the putative father of the child above referred to, to pay a weekly sum to the said mother for its maintenance, and other sums for costs and expenses.

(a) or county, city, borough, or other place, as the case may be. (b) or city, borough, or other place.

(c) Insert some day, at least six

days after the date of the summons, and after the day when the same can be served upon the man, or at his place of abode.

The following may be the form of the summons before birth :

Whereas an application hath been made to me, the undersigned,

,

one of Her Majesty's justices of the peace for the (a) county of by —, single woman, residing at in the (a) petty sessional division of the said county for which I act, now with child, of which child she hath this day duly sworn on oath (b) before me the said justice that you are the father, for a summons to be served on you to appear at a petty session, according to the form of the statute in such case made and provided. These are therefore to require you to appear at the petty session of the justices holden at being the petty session for the division (a) in which I usually act, on (c)

day of

the

at hundred and forty shall then and there make against you touching the premises.

in the year of our Lord one thousand eight to answer any complaint which she

Herein fail you not.

Given under my hand, at -, in the county (a) ―, this day of- in the year of our Lord one thousand eight hundred and forty

Note.-If you neglect to appear at the petty sessions as above stated, the justices, upon proof that this summons has been duly served upon you, or left at your last place of abode, may proceed, if they think fit, at the petty sessions therein named, to make an order upon you, as the putative father of the child above referred to, to pay a weekly sum to the said mother for its maintenance, and other sums for costs and expenses.

(a) or city, borough, or other place.

(b) or affirmed.

(c) Insert some day when the petty session will be held after the birth of the child, and at such a

distance of time that six days at least may elapse after the issuing of the summons and the service on the man, or at his place of abode, before the petty session.

Witnesses.] If it be necessary to summon a witness, or to enforce his attendance, the justices have now authority to do so by stat. 7 & 8 Vict. c. 101, s. 70, by which it is enacted that in any proceedings to be had before justices in petty sessions, under the provisions of this Act, if any party to such proceedings request that any person be summoned to appear as a witness in such proceedings, it shall be lawful for any justice to summon such person to appear and give evidence upon the matter of such proceedings: and if any person so summoned neglect or refuse to appear to give evidence at the time and place appointed in such summons, and if proof upon oath be given of personal service of the summons upon such person, and that the reasonable expenses of attendance were paid or tendered to such person, it shall be lawful for such justice, by warrant under his hand and seal, to require such person to be

brought before him, or any justices before whom such proceedings are to be had; and if any person, coming or brought before any such justices in any such proceedings, refuse to give evidence thereon, it shall be lawful for such justices to commit such person to any house of correction within their jurisdiction, there to remain without bail or mainprize for any time not exceeding fourteen days, or until such person shall sooner submit himself to be examined; and in case of such submission, the order of any such justice shall be a sufficient warrant for the discharge of such person."

The following may be the form of the summons :

Berks. To E. F., of in the county aforesaid, labourer. Forasmuch as one Jane Styles, single woman, hath made complaint [reciting the summons, to the words] to answer in that behalf; and whereas the said hath requested that you may be summoned as a witness in the said proceeding: These are therefore to require you to appear before the justices of the peace at the petty session to be holden on — in and for the said petty sessional division [or city or borough] aforesaid, to testify what you may know in that behalf. not. Given under my hand and seal this the year of our Lord

at

at

of

And herein fail you day of

in the said county.

The following may be the form of the warrant :—

Berks: To

in

in

Forasmuch as one Jane Styles, [reciting the summons to the putative father, to the words] to answer in that behalf: and whereas, at the request of I, J. P., esquire, one of Her Majesty's justices of the peace in and for the said county, on at did issue my summons unto E. F., of ——, "" the said county, labourer, wherein, after reciting the complaint aforesaid, I required him to appear [&c. as in the summons to the witness to the words] to testify what he might know in that behalf; and whereas the said E. F. hath neglected to appear to give evidence at the time and place appointed in such summons, according to the exigency of the said summons, but hath disobeyed the same; and proof upon oath hath now been given before me, of the personal service of the said last mentioned summons upon the said A. B., and that for his reasonable expenses of attendance were then paid [or tendered] to him: These are therefore to command you forthwith to bring the said E. F. before me the said justice at petty session to which the application may have been adjourned,] or before such other justices as may be then there present, to be examined concerning the matter aforesaid, and to be further dealt with according to law. Herein fail you not. Given

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