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such parish to dispose of the goods by sale or otherwise, or so much of No. IV. them for the purposes aforesaid as the court shall think fit, and to re- 13 & 14 ceive the rents and profits or so much of them as shall be ordered by the Car. II. c. 12. sessions as aforesaid of his or her lands. (1.)
(1) See the Statute post. title Poor. Class 27, No. 2.
[ No. V. ] 6 George II. c. 31.–An Act for the Relief of
Parishes and other Places from such Charges as may
arise from Bastard Children born within the same. WHEREAS the laws now in being are not sufficient to provide for 6 Geo. II. c. 31.
the securing and indemnifying parishes and other places from the great charges frequently arising from children begotten and born out of • lawful matrimony ;' For remedy thereof, be it enacted by the King'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 twenty. After 24th June fourth day of June in the year of our Lord one thousand seven hundred 1733, the Perand thirty-three, if any single woman shall be delivered of a bastard child, son charged on which shall be chargeable or likely to become chargeable to any parisá Oath of being or extraparochial place, or shall declare herself to be with child, and that the Father of a such child is likely to be born a bastard and to be chargeable to any parish Bastard Child, or extraparochial place, and shall in either of such cases, in an examination to be taken in writing upon oath before any one or more justice or justices of the peace of any county riding division city liberty or town corporate wherein such parish or place shall lie, charge any person with having gotten her with child, it shall and may be lawful to and for such justice or justices upon application made to him or them by the overseers of the poor of such parish, or by any one of them, or by any substantial householder of such extraparochial place, to issue out his or their warrant may be imme. or warrants for the immediate apprehending such person so charged as diately appreaforesaid, and for bringing him before such justice or justices, or before hended, any other of his Majesty's justices of the peace of such county riding division city liberty or town corporate, and the justice or justices before whom such person shall be brought' is and are hereby authorised and required to commit the person so chargeil as aforesaid to the common gaol or house of correction of such county riding division city liberty or and committed town corporate, unless he shall give security to indemnify such parish or place, or shall enter into a recognisance with sufficient surety upon con- less he give Se
to Prison, undition to appear at the next general quarter sessions or general sessions of curity. the peace to be holden for such county riding division city liberty or town corporate, and to abide and perform such order or orders as shall be made in pursuance of an Act passed in the eighteenth year of the reign of her late Majesty Queen Elizabeth, concerning bastards begotten and born out 18 Eliz. c. 3. of lawful matrimony.
II. Provided nevertheless and be it enacted by the authority aforesaid, Such Person on That if the woman so charging any person as aforesaid shall happen to the Woman's die or be married before she shall be delivered, or if she shall miscarry Miscarriage, of such child, or shall appear not to have been with child at the time of &c. shall be her examination, then and in any of the said cases such person shall be discharged. discharged from his recognisance at the next general quarter sessions or general sessions of the peace to be holden for such county riding division city liberty or town corporate, or immediately released out of custody by warrant under the hand and seal or hands and seals of any one or more justice or justices of the peace residing in or near the limits where such parish or place shall lie.
III. Provided also, and be it enacted by the authority aforesaid, That The Justices, upon application made by any person who shall be committed to any gaol on Prisoner's or house of correction by virtue of this Act, or by any person on his behalf, Request, may to any justice or justices residing in or near the limits where such parish summon the or place shall lie, such justice or justices is and are hereby authorised and Overseers, &c. required to summon the overseer or overseers of the poor of such parish, or one or more of the substantial householders of such extraparochial
No. V. place, to appear before him or them at a time and place to be mentioned 6 Geo. II.
in such summons, to shew cause why such person should not be discharged; and if no order shall appear to have been made in pursuance of the said Act of the eighteenth year of the reign of her late Majesty Queen
Elizabeth, within six wecks after such woman shall have been delivered, and if no Order such justice or justices shall and may discharge him from his imprisonment be made within in such gaol or house of correction to which he shall have been committed. six Weeks after the Woman's Delivery, l'risoner to be set at Liberty.
The Woman IV. Provided always, and be it further enacted by the authority aforenot to be exa- said, that it shall not be lawful for any justice or justices of the peace to mined relating send for any woman whatsocver before she shall be delivered and one to her Pregnan- month after, in order to her being examined concerning her pregnancy cy till one
or supposed pregnancy, or to compel any woman before she shall be deliMonth after her vered to answer to any questions relating to her pregnancy; (1.) any law Delivery
usage or custom to the contrary notwithstanding. (1.) 1. One who is de facto guardian of the condition sufficiently certain. Middleham r. Bellerpoor of a parish united with other parishes under by, I M. & S. 310.–6. A soldier in actual service the Stat. 22 Geo. III. c. 83. for the better re- may be committed to prison for want of sureties lief and employment of the poor, and who is re- under Stat. 6 Geo. II. c. 31. for being the father ceived and acknowledged by the parish as guardian, of a bastard child. Rex v. Archer, 2 T. R. 270. though not legally appointed under the statute, Rex v. Bower, 5 T. R. 156.-7. The Statute is yet competent to apply in that character to a 6 Geo. II. c. 31. only authorises parish officers to justice of the peace to take the examination of a take security from the putative father of a bastard single woman with child, in order to filiate the child to indemnify the parish: therefore where bastard; which by the Stat. 6 Geo. II. c. 31. s. 1. they had taken a promissory note absolute for a is directed to be made upon application by the sum certain, to which there was a plea of tender overseers of the poor, in whose place such guardian of a lesser sum as the amount of the damage acis appointed, and he is also competent to apply to tually sustained by the parish, the issue upon the justice for a summons against a reputed father which was found for the defendant: Held: that for not obeying an order of bastardy ; which by the plaintiffs could not recover more. Stat. 49 Geo. III. c. 68. s. 3. is directed to be Gower, 6 E. R. 110. And see the Overseers of made upon complaint by any one of the overseers St. Martin in the Fields v. Warren, 1 B. & A. 491. of the poor. And though the latter Statute direct -8. Every reasonable intendment will be made the Magistrate, upon such complaint and proof in favour of an order of justices. Therefore where upon oath of the order for payment of mainte- an order of bastardy, reciting that it had appeared nance, and non-payment thereof, to issue his war- to the justices on the oath of R. T. that the said rant to apprehend the reputed father, yet it is Mary Cole (referring to the title in which she was proper for the Justice to issue a summons in the named as Mary Cole deceased) was delivered of a first instance to the party charged to attend and bastard child, &c.; and further, that upon the exshew cause, &c. Rex í. St. Martyr, (Inhab.) amination of the said M. C. taken on oath, &c. 13 E. R. 55.–2. The examination of a pregnant dated, &c. in the presence of the said R. T., the woman, taken before a justice of peace under said M.C. upon her oath charged the defendant with Stat. Geo. II. c. 31. is admissible cvidence on an being the father, &c. adjudged that therefore upon application to the quarter sessions to make an examination of the cause and circumstances of the order of filiation on the putative father, if the premises, as well on the oath of the said M. C. woman die before such application is made; and before birth so taken, and also upon the oath of if not contradicted ought to be conclusive. Rex the said R. T. that the defendant was the father, v. Ravenstone, (Inhab.) 5 T. R. 373.-3. An and that he should pay so much, &c.; the Court order of bastardy may be made after the death of will intend (cspecially after appeal confirming the the woman, upon her examination when taken order) that M. C. was dead at the time of the pregnant, under Stat. 6 Geo. II. c. 31.
order made, and that her examination on oath Ravenstone, (Inhab.) 5 T, R. 373.-4. If a per- before taken in writing under the Stat. 6 Geo. II. son be bound by a recognisance by one Magistrate c. 3), was verified on oath of R. T. before the under 6 Geo. II. c. 31. to appear at the next ses. Magistrates making the order; which examination sions and perform such order as shall there be is sufficient after the death of the mother to warmade on him, under the 18 Eliz. c. 3. respecting rant a subsequent order of filiation. Rex v. Claybastards, the sessions can only make an order of ton, 3 E. R.58.-9. An order filiating the child of a bastardy on him, but cannot order him also to give married woman is good; though it only states that security for the performance of that order. Rex such child was likely to become chargeable; which v. Price, 6 T. R. 147.–5. Where the putative, are the words of the Stat. 6 Geo. Il. c. 31. s. 1. as father of a bastard child gave a voluntary bond, applied to the bastards of single women; for upon and not under the compulsion of Stat. 6 Geo. II. that Statute as well as the Stat. 18 Eliz. c. 3. which c. 31. to the parish officers, conditioned for the pay. has the words, born out of lawful matrimony, 'the ment of a sum certain every three months until only question is, whether the child be by law a the child should be deemed capable of providing for bastard. 8 E. R. 193. herself; Held: that such bond was good and the
[ No. VI. ] 49 Geo. III. c. 68.--An Act to explain and
No. VI. amend the Law of Bastardy, so far as relates to indem- 49 Geo. III. nifying Parishes in respect thereof.—[3rd June 1809.]
c. 68. WHEREAS the provisions of an Act made in the eighteenth year of
the reign of Queen Elizabeth, concerning bastards begotten and 49 George III. "born out of lawfiil matrimony, are found to be inadequate to the pur
poses of indemnifying parishes against the charges and expences in- 18 Eliz. c. 3. • curred by the apprehending and securing the reputed father, and also .by the obtaining the order of filiation : And whereas it is expedient that
such charges and expences should be borne and discharged by the ad* judged reputed father of such bastard child or children, at the discretion of the justices by whom such adjudication shall be made either in the court of quarter sessions or otherwise, not exceeding the amount herein after mentioned :' Be it therefore enacted by the King'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 every person who shall hereafter be ad- Reputed Father judged to be the reputed father of any bastard child or children shall be of a Bastard chargeable with and liable to the payment of all reasonable charges and shall be chargeexpences incident to the birth of such bastard child or children, and also able with Exto the payment of the reasonable costs of apprehending and securing pences incident such reputed father, and also to the payment of the costs of the order to the Birth, of filiation, such costs of apprehending and securing the reputed father and with Costs and of the order of filiation not to exceed the sum of ten pounds; prehension and and all such charges expences and costs shall be duly and respectively, of the Order ascertained on oath before the justices of the peace or the court of of Filiation. quarter sessions making such order of filiation, which oath such justices or court are hereby respectively empowered to administer.
II. And be it further enacted, That if any single woman shall declare Men charged herself to be with child, and that such child is likely to be born a bastard on Oath by Woand to be chargeable to any parish township or extraparochial place,
men likely to
be delivered of and shall in an examination to be taken in writing upon oath before
any justice of the peace of any county riding division city liberty or town be apprehended corporate wherein such parish township or place shall lie, charge any by Warrant of a person with having gotten her with child, it shall be lawful to and for Justice and such justice upon application made to him by the overseer of the poor
compelled to such parish or township, or by any substantial householder of such extra- give Security to parochial place, to issue out his warrant for the inmediate apprehending indemnify the of such person so charged as aforesaid, and for bringing him before such Parish, or to justice or before any other justice of the peace of such county riding abide the Order division liberty or town corporate; and the justice before whom such of Sessions, unperson shall be brought, having authority in this behalf, is hereby der 18 Eliz.c.3. authorised and required to commit the person so charged as aforesaid to the common gaol or house of correction of such county riding division liberty or town corporate, unless he shall give security to indemnify such parish or place or shall enter into a recognisance with sufficient surety or sureties upon condition to appear at the
next general quarter sessions or general sessions of the peace to be holden for such county riding division city liberty or town corporate, to abide and perform such order or orders as shall then be made (1.) in pursuance of the said Act of the eighteenth year of the reign of Queen Elizabeth, unless one such justice as aforesaid shall have certified in writing under his hand to such general quarter sessions or general sessions of the peace, that it had been proved before him upon the oath of one credible witness that such single woman had not been then delivered or had been delivered within one month only previous to the day on which such general quarter sessions or general sessions of the peace shall be holden, or unless two justices of the peace
of (1.) There was an oversight in the introduc- 6 Geo. II. was general, to abide such Order as tion of the word Then, which confines the Con- should be made in pursuance of the Statute of dition of the Recognisance to Orders made at the Elizabeth, and which of course extended to Oro Sessions. The Recognisance directed by Stat. ders made by Justices out of Sessions.
No. VI. such county riding division city liberty or town corporate shall have cer
tified in writing under their hands to the next, or where such woman 49 Geo. III. shall not have been delivered as aforesaid then to the immediately subc. 68
sequent general quarter sessions or general sessions of the peace that an order of filiation had been already made on the person so charged, or that such order was not then requisite to be made on account of the death of the child born a bastard, or for other like sufficient reason ; in each of which cases firstly before mentioned it shall be lawful for the justices assembled at such general quarter sessions or general sessions of the peace to respite such recognisance to the then next general quarter sessions or general sessions of the peace to be holden for such county riding division city or town corporate, without requiring the personal attendance of the putative father so bound or of that of his surety or sureties, and in either of the said two last-mentioned cases it shall be lawful for the justices assembled as aforesaid wholly to discharge such
recognisance. For Mainte. III. • And whereas parishes are often put to great expence in enforcing nance of Bas- the performance of orders of maintenance made on the filiation of bastard tard Children. children ;' Be it therefore further enacted, That if any reputed father or
any mother of such bastard child or children on whom any order of filiation or maintenance of such child or children shall have been made by the court of quarter sessions, or which shall have been made by two jus
tices of the peace and confirmed by the court of quarter sessions, or Father or Mo. against which no appeal shall have been made to the court of quarter ther neglecting sessions, shall neglect or refuse to pay any sum or sums of money which to pay for Main. he or she shall have been ordered to pay towards the maintenance or tenance of Bas. other sustentation for the relief of any such bastard child or children by tard according any such order, it shall be lawful for any justice of the peace of the to Order, may county riding division city liberty or town corporate in which such rebe apprehended puted father or such mother shall happen to be, and the said justice is and committed hereby required upon complaint made to him by any one of the overseers by one Justice of the poor of any parish township or place liable to the maintenance or for!Three
support of such bastard child or children or where such bastard child or Months, or till children shall then be, and upon proof on oath of such order for the payPayment. ment of such sum or sums of money and of such sum or sums of money
being unpaid and of a demand of such payment having been made and a refusal to pay the same, or that such reputed father or such mother bath left his or her usual place of abode and hath avoided a demand thereof being made by such overseer, to issue his warrant to apprehend such reputed father or such mother and to bring him or her before such justice or any other justice of the peace of the same county riding division city liberty or town corporate to answer such complaint ; and if such reputed father or such mother shall not pay such sum or sums of money as shall appear to the said justice before whom such reputed father or such mother shall be brought to be due and unpaid, or shall not shew to such justice some reasonable and sufficient cause for not so doing, it shall be lawful for such justice and the said justice is hereby required to commit such reputed father or such mother to the publick house of correction or common gaol of the said county, to be there kept to hard labour for the space of three months, unless such reputed father or such mother shall before the expiration of the said three months pay or cause to be paid to one of the overseers of the poor of the parish township or place on whose behalf such complaint as aforesaid was made the said sum or sums of money so due and unpaid as aforesaid, and so from time to time and as often as such reputed father or such mother shall in manner aforesaid neglect or refuse to pay any other sum or sums of money that shall afterwards become due by virtue of and under such order after the expiration of or dis
charge from any such former imprisonment as aforesaid. Expences and
IV. Provided always, and be it further enacted, That all such charges Costs subject to expences and costs shall be wholly subject to the discretion of the justhe Discretion tices or court of quarter sessions who shall make such order of filiation; of Justices or and the justices or court of sessions are hereby authorised if they shall Sessions, and recoverable as under 18 Eliz. c. 3.
see fit to allow and order payment of the whole or any part thereof: Pro- No. VI. vided al ways, That the costs of apprehending and securing the reputed 49 Geo. III. father and of the order of filiation shall not in any case exceed the sum of ten pounds; and for securing the due payment of the same after such allowance and order as aforesaid, all and every the powers authorities provisions clauses matters and things contained in the said Act passed in the eighteenth year of the reign of Queen Elizabeth concerning bastards begotten and born out of lawful matrimony shall be respectively observed used and practised in the execution of this Act, and shall be construed deemed and taken to apply as fully and effectually to all intents and purposes as if the said powers authorities provisions clauses matters and things were specially recited and re-enacted in this Act.
V. Provided also, and be it further enacted, That any person or per- Appeal to the sons who shall think himself herself or themselves aggrieved by any Quarter Sesorder made by such justices as aforesaid under the provisions of this Act, sions, on giving and not originating in the quarter sessions, may appeal to the next gene- Notice and enral quarter sessions of the peace to be holden for the county where such tering into Reorder shall be made, on giving notice to such justices or to one of them, cognisance. 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 such general quarter sessions of the peace at which such appeal shall be made of his her or their intention of bringing such appeal and of the cause and matter thereof, and entering into a recognisance within three days after such notice before some justice of the peace 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 at such quarter sessions, which said justices at their said sessions, upon proof of such notice being given and of entering into such recognisance as aforesaid, shall and they are hereby required to proceed in hear and determine the causes and matters of all such appeals and shall give such relief and costs to the parties appealing or appealed against as they in their discretion shall judge proper; and such judgments and orders therein made shall be final binding and conclusive to all parties concerned and to all intents and purposes whatsoever.
VI. And be it further enacted, That so much of an Act passed in the So much of sixth year of the reign of his late Majesty King George the Second, in- 6 Geo. 2. c. 31. tituled « An Act for the Relief of Parishes and other Places from such $ 1,2. as authoCharges as may arise from Bastard Children born within the same," as rizes Justices to authorises the justice or justices before whom the reputed father of a bas. commit reputed tard child shall be brought, in cases where the woman has not been Father before delivered, to commit such reputed father to the common gaol or house of Birth of Bastard, correction unless he shall give security to indemnify the parish or place
repealed. or shall enter into a recognisance with sufficient surety upon condition to appear at the next general quarter sessions or general sessions of the peace, shall be and is hereby repealed.
VII. And be it further enacted, That from and after the passing of No future Apthis Act no appeal in any case relating to bastardy shall be brought re- peal without ceived or heard at the said quarter sessions unless such notice shall have Notice. been given and such recognisance shall have been entered into in manner [See $ 5.] aforesaid according to the provisions of this Act.
“ Commencement of Act, 20th July 1809. $ 8.”
( No. VII. ] 50 Geo. III. c. 51.–An Act to repeal so
much of an Act, passed in the Seventh Year of King James the First, as relates to the Punishment of Women delivered of Bastard Children ; and to make other Pro
visions in lieu thereof.-[9th June 1810.] WHEREAS an Act was passed in the seventh year of the reign of his 50 Geo. III.
late Majesty King Janies the First, intituled, An Act for the due Erecution of diters Laws and Statutes heretofore made against Rogues Vaga- 7 Jac. I. c. 4. bonds and Sturdy Beggars and other Lewd and Idle Persons :- And whereas