Bastardy father of a bastard child, then lately born of her body, and that in and by the said order it was ordered that the said should pay to her the said so long as she should live or should be of sound mind, and should not be in any gaol or prison, or under sentence of transportation or penal servitude, or to such person who might be appointed to have the custody of such bastard child, under the provisions of the said Act, the sum of (here copy the order); and that the said had had due notice of the said order, and that the said bastard child is now living under the age of years, and that the payments directed to be made by the said order have not been made according thereto by the said and that there is now in arrear for the same the sum of (here set out the extent of defaults). These are therefore in Her Majesty's name to command you, the said Constable or other Officers of the Peace, or some or one of you, forthwith to apprehend the said and convey him before two of Her Majesty's Justices of the Peace to answer the premises, and be dealt with according to law. day of made upon oath (*) before by of the district (D) of day of one of Her Majesty's Justices of the Peace, a made at the Petty Session holden in the district (") of woman, that by an order on the day of 18 by Her Majesty's Justices of the Peace acting for the said district (°) then and there assembled of was adjudged to be the putative father of a bastard child, then lately born of her body, and that in and by the said order it was ordered that the said should pay to her the said so long as she should live or should be of sound mind, and should not be in any gaol or prison, or under sentence of transportation or penal servitude, or to the person who might be appointed to have the custody of such bastard child, under the provisions of the said Act, the sum of (here copy the order); and that the said had had due notice of the said order, and that the said bastard child was then living under the age of years, and that the payments directed to be made by the said order had not been made according thereto by the said and that there was then in arrear for the same the sum of (here set out extent of defaults). And whereas the said Justice, by warrant under his hand and seal directed to the Constable of and all her Majesty's Officers of the Peace, commanded him or some or one of them forthwith to apprehend the said and to convey him before two of Her Majesty's Justices of the Peace, to answer the premises and be dealt with according to law. Whereupon the said being now brought before us, two of Her Majesty's Justices of the Peace, to show cause why the same should not be paid, hath not shown any cause why the same should not be paid; and the same duly appearing to us upon oath to be due from the said under the said order, together with the further sum of attending such warrant, apprehension, and bringing up of him, the said nevertheless neglects () to make payment of the said sums due under the said order and the said sums so due for such costs. for the costs These are therefore to require you forthwith to make distress of the goods and chattels of the said and if within the space of days next after such distress by you taken the said sums, together with the reasonable charges of taking and keeping the said distress, shall not be paid, that then you (a) or Affirmation. (b) or City, Town, or other Place. or Refuses Bastardy do sell the said goods and chattels so by you distrained, and out of the money arising by such sale thereof that you detain the said sums and also the reasonable charges of taking, keeping and selling the said distress, rendering the overplus (if any), on demand, unto the said and if no sufficient distress can be found, that then you certify the same unto us, or unto (") two of Her Majesty's Justices of the Peace, to the end that such further proceedings may be had therein as to law doth appertain: and we further order you to make return to this warrant, on the next, unto us or such Justices as aforesaid. And whereas (c) the said day of not having given sufficient security, by way of recognizance or otherwise, to our satisfaction, for his appearance on the return of this warrant, we do hereby further order you to detain the said and keep him in safe custody until the said return can be conveniently made, and then bring him before us or such Justices as aforesaid. Given under our hands and seals, at this day of 18 (4) If the party give security for his appearance, insert the names of the Justices before whom he is to appear, but should he not find such security, insert the word 'any.' () Should the party find security for his appearance on the return of the warrant, erase this paragraph. No. 13 FORM OF RECOGNIZANCE FOR APPEARANCE AT THE RETURN RECOGNIZANCE in the common form, subject to the following condition : : having been Whereas the above-bounden apprehended upon a warrant issued under the hand and seal of one of Her Majesty's Justices of the Peace, upon the information and complaint of for disobedience to an order made in the Petty Session holden in the district (^) of on the day of 18 by Her Majesty's Justices of the Peace then and there assembled, whereby he was adjudged to be the putative father of a bastard child, lately born of the body of the said woman, and ordered to pay certain sums of money as therein set forth; and having been brought before two of Her Majesty's Justices of the Peace by virtue of the said warrant, and having neglected (") to make payment of the sums due from him under such order, together with the costs attending such warrant, apprehension, and bringing of him up before such Justices, they have, by warrant under their hands and seals, addressed to the Constable of directed the sum so due, together a with such costs, to be recovered by distress and sale of the goods and chattels of the said and have made the said warrant returnable on to them, or unto the day of two Justices of the Peace acting for the district (^) of Now the condition of this recognizance is such, that if the above-bounden do appear before the Justices unto whom the said warrant is made returnable on the day so appointed for the return thereof to abide the further proceedings thereon, then the same shall be of no effect, otherwise to remain in full force. Bastardy No. 14 WARRANT OF COMMITMENT Western Australia,} To the Constable of gaol (°) at and to the keeper of the common Whereas information and complaint were, on the 18 day of one of Her Majesty's Justices of woman, 18 a made upon oath (") before the Peace, by of the district () of that by an order made at the Petty Sessions holden in the district (*) of on the day of by Her Majesty's Justices of the Peace acting for the said district (*) then and there assembled, of was adjudged to be the putative father of a bastard child, then lately born of her body, and that in and by the said order it was ordered that the said should pay to her the said so long as she should live or should be of sound mind, and should not be in any gaol or prison, or under sentence of transportation or penal servitude, or to such person as might be appointed to have the custody of such bastard child, under the provisions of the said Act, the sum of (here copy the order) and that the said had had due notice of the said order, and that the said bastard child was then living under the age of years, and that the payments directed to be made by the said order had not been made according thereto by the said and that there was then in arrear for the same the sum of (here set out extent of defaults). And whereas the said Justice by warrant under his hand and seal, directed to the Constable of and all Her Majesty's Officers of the Peace, commanded him or some or one of them forthwith to apprehend the said and to convey him before two of Her Majesty's Justices of the Peace, to answer the premises and be dealt with according to law. Whereupon the said being now brought before us, two of Her Majesty's Justices of the Peace, to show cause why the same should not be paid, hath not shown any cause why the same should not be paid; and the same duly appearing upon oath (c) to be due from the said under the said order, together with the further sum of for the costs attending such warrant, apprehension, and bringing up of him, but the said nevertheless neglects (4) to make payment of the said sums due under the said order, and the said sums so due for such costs. And whereas it appears to us, upon the admission of the said that no sufficient distress can be had upon his goods and chattels for the recovery of the said several sums. These are therefore to convey the said these are also to command the said command you, the said Constable of to the said common gaol () at to and you the said keeper of the common gaol () to receive into the said common gaol (") there to remain without unless such sum and costs, the costs and charges attending the commitment to the said common gaol () and of the bail or mainprize for the term of (c) together with () and conveying of the said persons employed to convey him thither, be sooner paid and satisfied. Given under our hands and seals, at Bastardy No. 15 WARRANT OF COMMITMENT IN DEFAULT OF DISTRESS Western Australia, 18 to wit. } To the Constable of colony. and to all other Peace Officers in the said day of one of her Majesty's Justices of the of the district (a) of a Whereas information and complaint were, on the made upon oath (c) before Peace by woman, that by an order made at the Petty Session holden in the district (") of on the day of 18 by Her Majesty's Justices of the Peace acting for the said district (") then and there assembled of was adjudged to be the putative father of a bastard child then lately born of her body, and that in and by the said order it was ordered that the said should pay to her the said so long as she should live and should be of sound mind, and should not be in any gaol or prison, or under sentence of transportation, or penal servitude, or to such person as might be appointed to have the custody of such bastard child under the provisions of the said Act, the sum of (here copy the order). That the said had due notice of the said order, and that the said bastard child was then living, under the age of years, and that the payments directed to be made by the said order had not been made according thereto by the said and there was then in arrear for the same the sum of (here set out extent of defaults). and to And whereas the said Justice, by warrant under his hand and seal, directed to the Constable of and all Her Majesty's Officers of the Peace, commanded him or some or one of them forthwith to apprehend the said convey him before two of Her Majesty's Justices of the Peace to answer the premises and be dealt with according to law. Whereupon the said being brought before two of Her Majesty's Justices of the Peace to show cause why the same should not be paid, did not show any cause why the same should not be paid; and the same duly appearing upon oath to be due from the said under the said order, together with the further sum of for the costs of attending such warrant, apprehension, and bringing up of him, but the said neglecting () to make payment of the said sums due under the said order, and the said sums so due for such costs, the said Justices required the Constable in the said warrant mentioned forthwith to make distress of the goods and chattels of the said and if no such distress two of could be found then to certify the same unto them, or unto Her Majesty's Justices of the Peace, to the end that such further proceedings might be had therein as to law appertained. And whereas it appears to us two of Her Majesty's Justices day of of the Peace, by return of the said Constable dated the that he hath made diligent search, but doth not know of nor can find any goods and chattels of the said by distress and sale whereof the said sums and costs can be recovered, pursuant to the said warrant; and that the costs incurred by the said Constable in attempting to make such distress are shillings. And the said is now before us (*) to These are therefore to command you the said Constable of convey the said to the said common gaol (Þ), and these are also to command you the said keeper of the said common gaol () to receive the said into the said common gaol ("), there to remain without bail or mainprize for the term of (1) unless such sum and costs, and the aforesaid charges attending or City, Town, or other Place. (b) or House of Correction. (c) or Affirmation. (d) or Refusing. Insert in custody of the said Constable'; or 'according to the exigency of a recognizance duly entered into by him on the day of last.' (1) Not to exceed three calendar months. Bastardy the attempt to make the said distress, together with the further sum of being the costs and charges attending the commitment and conveying of the said to the said common gaol ("), and of the person employed to convey him thither, be sooner paid and satisfied. Given under our hands and seals, at of in the year of our Lord 18 () or House of Correction. No. 16 APPOINTMENT OF GUARDIAN TO THE BASTARD CHILD Western Australia,} Whereas the Justices assembled at a Petty Session of Her Majesty's Justices of the Peace for the district (^) of one day of on the at said district () did, on the application to summons to be served upon one issued his summons to the said holden on the one of Her Majesty's Justices of the Peace, for a and the said Justice thereupon to appear at a Petty Session to be for the said district () to day of answer her complaint touching the premises: And that the said summons, within forty days from the said and that the said * 18 having been duly served with the said day of having been applied to the said Justices in Petty according to the form of Session assembled for an order upon the said the Act in such case made and provided: And that it having been then proved to the said Justices that the said child was, on the born a bastard of the body of the said Justices having heard the evidence of such woman, and such other evidence as she had produced, and the evidence of the said having been corroborated in some material particular by other testimony to their satisfaction, did adjudge the said to be the putative father of the said child; and having regard to all the circumstances of the case, did order that the said the mother of the said bastard child, so long as she should live and be of sound mind, and be not in any gaol or prison, or under sentence of transportation, or penal servitude, or to the person who might be appointed to have the custody of such child, under the provisions of the said Act the sum of (here copy the order). two of Her Majesty's Justices of the Peace acting do hereby order and appoint in the district (*) who has consented thereto, to have the custody of such bastard child so long as such bastard child shall not be a burden on the public funds or on any public or municipal body. This form must be completed, in regard to the recitals, by reference to the order of the Justices (*) Died, or become of unsound mind, or is now in the Gaol or Prison of under sentence of transportation or penal servitude. or is |
