not to exceed the sum of 107.; and all such charges, expences, and costs shall be duly ascertained before the justices of the peace, or the court of quarter sessions, making such order of filiation. may commit bastard children to the house of correction. the mother of By 7 Jac. I. c. 4. s. 7. And because great charge ariseth The justices upon many places within this realm by reason of bastardy, be it enacted, that every lewd woman which shall have any bastard, which may be chargeable to the parish, the justices of peace shall commit such lewd woman to the 6 house of correction, there to be punished, and set on work during the term of one whole year; and if she shall eftsoons offend again, that then to be committed to the house of correction as aforesaid, and there to remain until she can put in good sureties for her good behaviour not to offend so again. (1) several By 3 Car. I. c. 4. s. 15. so much of the 18 Eliz. c. 2. as concerneth bastards begotten out of lawful matrimony is continued; with this, that all justices of the peace within their several limits and precincts, and at their sessions, may do and execute all things concerning that part of the said statute, that by justices of the peace, in the several counties, are by the said statute limited to be done. The sessions shall have the same authority in cases of bastardy, as are given to justices of peace. Putative fa By 13& 14 Car. II. c.12. s.19. And whereas the putathers of bastard tive fathers and lewd mothers of bastard children run children, how away out of the parish, and sometimes out of the country, to be proceedand leave the said bastard children upon the parish where ed against. they are born, although such putative father and mother have estates sufficient to discharge such parish, be it enacted, that it shall and may be lawful for the churchwardens and overseers for the poor of such parish, where any bastard child shall be born, to take and seize so much of the goods and chattels, and to receive so much of the annual rents or profits of the lands of such putative father (1) Repealed by 50 Geo. III. c. 51. Persons sued for matters in this act, may plead the general issue. 6 Geo.II. c.31. 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) By 13& 14 Car. II. c. 2. s. 20. And if any person or persons shall be sued for any matter or thing which he shall do in execution of this act, he may plead the general 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. 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) See 5 Geo. I. c. 8. ante, 270. county, &c.; and the justice or justices before whom such 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 Sect.3. 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. 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, before whom 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 |
