take in any such order or judgment brought up upon a return to a writ of certiorari shall be allowed, unless such omission or mistake shall have been specified in the rule for issuing such certiorari."

As, however, these and all further proceedings upon the subject differ in no respect from those applicable to orders and convictions in general, it will be prudent not further to enter into them in this place.

APPENDIX.

7 & 8 VICT. CAP. 101.

AN ACT FOR THE FURTHER AMENDMENT OF THE LAWS RELATING TO THE POOR IN ENGLAND.—[9th August, 1844.]

4 & 5 Will. 4, c. 76-Powers of making Order on putative Father to cease.

"WHEREAS it is expedient to amend an Act passed in the Session held in the fourth and fifth years of the reign of his late Majesty King William the Fourth, intituled An Act for the Amendment and better Administration of the Laws relating to the Poor in England and Wales,' and certain other Acts relating to the Relief of the Poor in England;" be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that from and after the passing of this Act all powers for obtaining or making an order upon any putative father for the maintenance of a bastard child shall cease and determine, except as hereinafter provided.

[Sects. 2 and 3 are repealed by the 35 & 36 Vict. c. 65, s. 2, sch. 1.]

Applications to be made within Forty Days-Appeal to Quarter Sessions for the putative Father.

Sect. 4. And be it enacted, that the justices in petty sessions as aforesaid may adjourn the hearing of the case as often as to them may seem fit; but no such order shall be made unless applied for at such petty sessions within the space of forty days from the service of the summons after the birth of the bastard child on the person alleged to be the father of such bastard child; and if within twenty-four hours after the adjudication and making of any order on the putative father as aforesaid such putative father give notice of appeal to the mother of the bastard child, and also within seven days give sufficient security, by recognisance or otherwise, for the payment of costs, to the satisfaction of some one justice of the peace, it shall be lawful for such putative father to appeal to the general quarter sessions of the peace to be holden after the period of fourteen days next after the making of the said order for the county, city, borough, or place for which such petty session may have been held; and the justices in such quarter sessions assembled, or the recorder, as the case may be, shall thereupon hear and determine such appeal, and shall order such costs to be paid by either party as to them or him may seem fit.

Money under the Order to be paid to the Mother, or to a person appointed by the Justices.

Sect. 5. And be it enacted, that all money payable under any order as aforesaid shall be due and payable to the mother of the bastard child in respect of such time and so long as she lives and is of sound mind, and is not in any gaol or prison, or under sentence of trans

portation; and after the death of the mother of such bastard child, or whilst such mother is of unsound mind, or confined in any gaol or prison, or under sentence of transportation, any two justices may, if they see fit, by order under their hands and seals from time to time, appoint some person who, with his own consent, shall have the custody of such bastard child so long as such bastard child is not chargeable to any parish or union, and any two such justices may revoke the appointment of such person, and may appoint another person in his stead; and every person so appointed to have the custody of a bastard child shall, so long as such child is not chargeable to any parish or union, be empowered to make application for the recovering of all payments becoming due under the order of the Court of Petty Session as aforeaid, in the same manner as the mother of such bastard child might have done; and the clerk to the justices making any order on the putative father of a bastard child, or appointing any person to have the custody of such child, as hereinbefore provided, shall, as soon as may be, send by post or otherwise a duplicate of such order or appointment, signed by such clerk, to the clerk to the guardians of the union or parish in which the mother of such bastard child resided at the time of making such order or appointment.

[The proviso to this section is repealed by the 35 & 36 Vict. c. 65, s. 2, sch. 1.]

Mother punishable for Neglect or Desertion of her Bastard Child-5 Geo. 4, c. 83.

Sect. 6. And be it declared and enacted, that every woman neglecting to maintain her bastard child, being able, wholly or in part so to do, whereby such child becomes chargeable to any parish or union, shall be

punishable as an idle and disorderly person, under the provisions of an Act made and passed in the fifth year of the reign of his late Majesty King George the Fourth, intituled, “An Act for the Punishment of Idle and Disorderly Persons, and Rogues and Vagabonds, in that part of the United Kingdom called England; "and every woman so neglecting to maintain her bastard child, after having been once before convicted of such offence, and every woman deserting her bastard child, whereby such bastard child becomes chargeable to any parish or union, shall be punishable as a rogue and vagabond, under the provisions of the said last-recited Act.

Proceedings against putative Father in case of Death or Incapacity of Mother.

Sect. 7. (See sect. 41 of the 31 & 32 Vict. c. 122, enabling parish officers to receive amount when child chargeable to parish), "Provided always, that after the death of such mother, or if such mother be incapacitated as aforesaid, so often as any bastard child for whose maintenance such order of petty sessions has been made becomes chargeable to any parish or union by the neglect of the putative father to make the payments due under the orders of justices, then and in such case it shall be lawful for any board of guardians, of an union or parish, or if there be no such board of guardians, for the overseers of any parish or place, to make such application for the enforcement of the order as might have been made by the mother of such bastard child, if alive; but all payments for the maintenance of such child made in pursuance of such application shall be made to some person to be from time to time appointed by the justices as hereinbefore provided, and