bastard child, with whom she has passed as a single woman, she may have the rights of a single woman. I also think that upon the return of the husband she cannot be said to have married again, thereby making the payments for the support of the child cease."

Another case is that of Reg. v. Blane (3 New Sess. Cas. 597; 18 L. J., M. C. 216). In that case the mother was a native of France, and the child was born in that country, but on her bringing the child to this country she obtained a summons, whereupon an order was afterwards made. Upon this order being afterwards removed into the Queen's Bench it was quashed by that court, upon the ground that an order in bastardy cannot be made in respect of an illegitimate child born abroad of a foreign woman; and from the language of the judges it would appear that the same rule would be applicable to a bastard child born of an English woman, if born anywhere out of England.

It matters not, however, where the child was begotten if it be born in England-thus, in Hampton v. Rickard (43 L. J., M. C. 133), the child was born at the parish of St. German's, in Cornwall, where the woman was then living, the father, who was an Irishman, having been in Ireland at the time of the birth. The connexion, which resulted in the birth of the child, took place in Ireland, where the woman was then living. Upon these facts the Court of Queen's

Bench held, that the justices had jurisdiction to make an order. In his judgment COCKBURN, C.J., said, "Here the material fact is, the father's presence in this country. The place where the mother first became pregnant is not a fact for the consideration of the justices."

A child born on the high seas on board of an English ship is deemed to be born in England (Marshall v. Murgatroyd, 40 L. J., M. C. 7.) In that case a bastard child was born of an English mother on board of a steamship belonging to the Cunard line of steamers sailing on the high seas. The mother came to reside in England, and applied to justices for an order of affiliation against the father; and it was held that under the circumstances it must be taken that the birth took place in England, and that the justices had jurisdiction to make the order upon the putative father. In giving his judgment BLACKBURN, J., said, "We think that the decision in The Queen v. Blane is correct, and that the Act applies only to a child born of a mother in English territory; but then the birth in the present case was on a ship belonging to the Cunard line of steamers on the high seas, and we think there is sufficient to show that it was an English ship. Then, an English ship on the high seas is part of English territory. For the purposes of venue, provisions have been made for trying and punishing offences committed on the high seas, as if they had been committed on

THE

LAW AND PRACTICE

OF

ORDERS OF AFFILIATION,

AND

Proceedings in Bastardy.

CHAPTER I.

OF MATTERS PRELIMINARY TO THE

HEARING.

THE jurisdiction of Justices of the Peace to make orders of affiliation, and the practice and proceedings connected with such orders, are now entirely governed by the four statutes of the 7 & 8 Vict. c. 101, the 8 Vict. c. 10, the 35 & 36 Vict. c. 65, and the 36 Vict. c. 9. Whenever, therefore, it is intended to take any step to procure such an order, or to resist or enforce it before or after it is made, the provisions of these enactments should be carefully perused and strictly followed. Bearing, therefore, in mind that these Acts of Parliament are the groundwork of the entire law upon these orders, it will be convenient, in considering the subject, to proceed step by step through each stage of the inquiry.

B

Who may apply for a Summons.-The 35 & 36 Vict. c. 65, s. 3, enacts that, "Any single woman who may be with child or who may be delivered of a bastard child after the passing of this Act may, either before the birth or at any time within twelve months from the birth of such child, or at any time thereafter, upon proof that the man alleged to be the father of such child as within the twelve months next after the birth of such child paid money for its maintenance, or at any time within the twelve months next after the return to England of the man alleged to be the father of such child, upon proof that he ceased to reside in England within the twelve months next after the birth of such child, make application to any one justice of the peace acting for the petty sessional division of the county, or for the city, borough, or place in which she may reside, for a summons to be served on 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; and such 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."

Although the statute mentions "single woman,"