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or lewd mother, as shall be ordered by any two justices of peace as aforesaid, for or towards the discharge of the parish, to be confirmed at the sessions, for the bringing up and providing for such bastard child : and thereupon it shall be lawful for the sessions to make an order for the churchwardens and overseers of the poor of such parish to dispose of the goods by sale or otherwise, or so much of them, for the purposes aforesaid, as the court shall think fit, and to receive the rents and profits, or so much of them as shall be ordered by the sessions as aforesaid, of his or her lands. (1)

Persons sued By 13 & 14 Car. II. c. 2, s. 20 And if any person or for matters in this act, may

persons shall be sued for any matter or thing which he plead the ge- shall do in execution of this act, he may plead the general neral issue.

issue, and give the special matter in evidence; and if the verdict shall pass for the defendant, or if the plaintiff be nonsuited, or discontinue his suit, the defendant shall recover treble damages.

6 Geo.II. c.31. By 6 Geo. II. c. 31. s. 1. “ If any single woman shall

be delivered of a bastard child, which shall be chargeable, or likely to become chargeable to any parish or extra-parochial place, or shall declare herself to be with child, and that such child is likely to be born a bastard, and to be chargeable to any parish or extra-parochial place, and shall in either of such cases, in an examination to be taken in writing upon oath before any one or more justices of the peace of any county, &c. wherein such parish or place shall lie, charge any person with having gotten her with child, it shall and may be lawful for such justice or justices, upon application made to him or them by the overseers of the poor of such parish, or any one of them, or by any substantial householder of such extraparochial place, to issue out his or their warrant or warrants for the immediate apprehension of such person so charged as aforesaid, and for bringing him before such justice or justices, or any other of His Majesty's justices of such

(1) Ser 5 Gro. I. c. 8. ante, 270.

county, &c.; and the justice or justices before whom such person shall be brought, is and are hereby authorized and required to commit the person so charged to the common gaol or house of correction of such county, &c. unless he shall give security to indemnify such parish or place, or shall enter into a recognizance, with sufficient surety, to appear at the next general quarter sessions of the peace to be holden for such county, and to abide and perform such order or orders as shall be made, in pursuance of an act passed in the eighteenth year of Her late Majesty Queen Elizabeth, concerning bastards begotten and born out of lawful matrimony.”

c. 68. S.6.

But by 49 Geo. III. c. 68. s.6. so much of 6 Geo. II. c. 31. 49Gco. III. as authorises the justice or justices before whom the reputed father of a bastard shall be brought, in cases where the woman has not been delivered, to commit such reputed father to the common gaol or house of correction, unless he shall give security to indemnify the parish or place, or shall enter into a recognizance with sufficient surety upon condition to appear at the next general quarter sessions, or general sessions of the peace, is repealed.

By the same act, sect. 2, it is enacted, that if any single Sect. 2. woman shall declare herself with child, and that such child. is likely to be born a bastard, and to be chargeable to any parish, township, or extra-parochial place, 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 corporate, wherein such parish, &c. shall lie, charge any person with having gotten her with child, it shall be lawful for such justice, upon application made to him by the overseer of the poor of such parish or township, or by any substantial householder of such extraparochial place, to issue out his warrant for the immediate apprehending of such persons so charged as aforesaid, and for bringing him before such justice, or before any other justice of the peace of such county, &c.: and the justice before whom such person shall be brought, having autho

rity in this behalf, is hereby authorised and required to commit the person so charged to the common gaol or house of correction of such county, &c. unless he shall give security to indemnify such parish or place, or shall enter into a recognizance with sufficient surety or sureties, upon condition to appear at the next general or quarter sessions, or general sessions of the peace, to be holden for such county, &c. to abide and perform such order or orders as shall then be made in pursuance of the 18th of Eliz., 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 such county, &c. shall have certified in writing under their hands to the next; or when such woman shall not have been delivered as aforesaid, then to the immediately subsequent 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 and may be lawful for the justices assembled at such general quarter sessions, or general sessions of the peace, to respite such recognizance to the then next general quarter sessions, or general sessions of the peace, to be holden for such county, &c. without requiring the personal attendance of the putative father so bound, or that of his surety or sureties; and in either of the two last-mentioned cases it shall be lawful for the justices assembled as aforesaid, wholly to discharge such recognizance.

Sect.3.

Sect. 3. after reciting that parishes are put to great expense by enforcing the performance of orders of maintenance made on the filiation of bastard children, enacts, that if any reputed father or 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 justices of the peace, and confirmed by the court of quarter sessions, or against which no appeal shall have been made to the court of quarter sessions, shall neglect or refuse to pay any sum or sums of money which he or she shall have been ordered to pay towards the maintenance or other sustentation for the relief of any such bastard child or children by any such order, it shall be lawful for any justice of the peace of the county, &c. in which such reputed father, or such mother, shall happen to be; and the said justice is hereby required, upon complaint made to him by any one of the overseers of any parish, &c. liable to the maintenance or support of such bastard child or children, or where such bastard child or children shall then be, and upon proof on oath of such order for the payment 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, hath 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, &c. 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, beforewhom such reputed father, or such mother, shall be brought, to be due and unpaid, or shall not show 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 public 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 plate, on
whose behalf such complaint as aforesaid was made, the
said sum or sums of money so due and unpaid as afore-
said, and so from time to time, as often as such reputed
father, or such mother, shall, in manner aforesaid, neglect
or refuse to pay any other sum or sums of
shall afterwards become due by virtue of and under such
order, after the expiration of, or discharge from any such
former imprisonment.

money that

Sect. 4.

Sect. 4. provides that all such charges, expenses, and costs shall be wholly at the discretion of the justices or court of quarter sessions, who shall make the order of filiation, who are authorised to allow and order payment of the whole or part thereof: Provided that the costs of apprehending and securing the reputed father, and of the order of filiation shall not in any case exceed 10l.; and for securing due payment of the same, after such allowance and order, all and every the powers, authorities, provisions, clauses, matters, and things contained in the 18th of Eliz. shall be respectively observed, used, and practised in the execution of this act, and shall be taken to apply as fully and effectually to all intents and purposes as if herein specially recited and re-enacted,

SECT. II.

General Objects of 18 Eliz. c.3, 8c. and to whom they apply. Provisions It was formerly doubted whether the 18 Eliz. c.3. ex18 Eliz. c.5.

tended to the case of a bastard begotten upon a married extend to bastards of mar- woman whose husband was living. For the words of the ried women.

statute are, “ bastards begotten and born out of lawful matrimony," which do not seem to comprehend in their literal sense, the illegitimate issue of a married woman. (1) But it is now settled, that cases of this kind are within the act. (2)

i Lord Raym. 395.

Alanson v.

(1) Rex v. Alberton, 2 Salk. 483. Spence, 5 Mod. 419.

(2) Ibid. and post. Sect. iv.

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