to give the borough justices jurisdiction: (Reg. v. Myott, 32 L. J., M. C. 138.) A woman who has no settled place of residence may make application to the justices of the division in which for the time being she happens to be: (Lawrence v. Ingmire, 20 L. T. 391.) Great care should be taken that the petty sessional division be correctly described: (Reg. v. Whittles, 3 New Sess. Cas. 397; 18 L. J., M. C. 96; 13 Q. B. 248.) By the Act of the 8 Vict. c. 10, s. 10, an explanation is given of the term " petty sessional division," and it enacts that such term "shall be taken to include any division of a county, riding, or division, having a separate commission of the peace, in which one or more petty sessions have been or shall be usually held, or any division for the holding of special sessions formed or to be formed under the provisions of the Act of the ninth year of the reign of his late Majesty King George the Fourth, intituled, 'An Act for the better Regulation of Divisions in the several Counties of England and Wales,' or of the Act of the sixth year of the reign of his late Majesty, amending the same; and that where there are two or more petty sessions usually held in such division, or where any justice acts for two or more of such divisions, he shall require the party whom he shall summon, under the authority of the said first-recited Act, to appear at the petty sessions to be held in any such division as he shall deem fit." Some doubts

having been entertained as to whether or not the sittings of justices in and for any city, borough, or town corporate, having a separate commission of the peace, could be properly deemed a petty session of the peace within the meaning of the Acts, it was enacted by the 12 Vict. c. 18, s. 1, "that every sitting and acting of justices of the peace, or of a stipendiary magistrate in and for any city, borough, or town corporate, having a separate commission of the peace, or any part thereof, within England and Wales, at any police court or other place appointed in that behalf, shall be deemed a petty sessions of the peace, and the district for which the same shall be holden shall be deemed a petty sessional division within the meaning of any Acts of Parliament already made or hereafter to be made, having relation to such petty sessions or to any business to be transacted thereat."

What is to be done on the application, and mode of proceeding.-The application is to be "for a summons to be served upon the man alleged by her to be the father of the child; and if such application be made before the birth of the child, the woman shall make a deposition upon oath, stating who is the father of such child." The first step which the mother of the child is required to take, is that of applying for a summons against the man whom she alleges to be the father, and upon her so making application, if after the birth of the child, the justice will have

to take her information in writing, but not upon oath. It perhaps may be doubted whether or not it is legally necessary that this information. should be taken in writing, the general rule of law being that when the statute upon which the proceedings are founded does not expressly require the information to be in writing, it need not be taken in that form, and a verbal statement is all that is required before issuing a summons. In the present case it is nowhere required that the application by the mother, after the birth of the child, shall be taken in writing, but inasmuch as a form for such an application is given in the schedule to the 8 Vict. c. 10, and in the forms prepared by the Local Government Board, it will be prudent to take it in writing, and in The Queen v. Fltecher (40 L. J., M. C., 123), it was held that where the application is made by the woman before the birth of the child it must be upon oath and in writing.

By the 4th section of the 7 & 8 Vict. c. 101, it is provided that "no such order" (of affiliation) "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;" therefore the day to be stated in the summons for the appearance of the father should be some day not only after the six days from the date of the summons, but also within forty days after the

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day when it is supposed the summons will be served.

If the application is made by the woman in a case where she seeks to charge the man in respect of his having paid money for the maintenance of the child within twelve months after its birth, the following form is given by the statute; and it should seem, from the language of Lord Campbell, C.J., in Reg. v. Berry (ante, p. 17), that the justice should take proof upon oath of the payment of the money before issuing the summons.

If the application is made by the woman in a case where she seeks to charge the man who has ceased to reside in England within the twelve months next after the birth of the child, but who has returned to England within twelve months next before her making it, forms Nos. 8 and 9 (post) may be used.

If the application is made before the birth of the child, the woman is required by sect. 3 of the 35 & 36 Vict. c. 65, "to make a deposition upon oath stating who is the father of such child." In this case, therefore, the justice wil administer an oath to her as to the truth of the facts contained in the deposition, which deposition may be in the forms Nos. 1 and 2 (post).

In case the woman wishes to obtain the compulsory attendance of any witness on the hearing, the should apply for a summons, which the jus

tice is empowered to grant, under sect. 70 of the 7 & 8 Vict. c. 101 (see sect. 70, post, 7 & 8 Vict. c. 101); and this power to compel the attendance of witnesses can be exercised as well on behalf of the putative father as the mother of the child.

Upon receiving the complaint, and granting the summons, the justice should carefully inform the woman of the time and place at which she is to attend. The summons against the putative father will be served by the proper summoning officer of the place; but the summons for a witness will be given to the woman to be served by her, who should serve it personally upon the witness, and at the same time (if required by the witness to do so) should tender him his reasonable expenses of attending, which, however, need not include any compensation for his loss of time, which is a matter to be decided by the justices themselves.

Service of the Summons.-The service of the summons may be either personal on the alleged father of the child, or by leaving it at his last place of abode; and in either case it must be effected six days at least before the petty sessions: (sect. 4.) In serving the summons, it will be the duty of the officer to effect it personally if he can; but in either case to be particular as to the circumstances attending the service, and, as soon as convenient, to make a memorandum of the fact and manner of service on the