"of the goods and chattels, and to receive fo much of the "annual rents or profits of the lands of such putative fa"ther or lewd mother, as fhall be ordered by any Two "JUSTICES OF PEACE as aforefaid, for or towards the difcharge of the parish, to be confirmed at the feffions, "for the bringing up and providing for fuch bastard "child: and thereupon it fhall be lawful for THE SES66 SIONS to make an order for the churchwardens and "overfeers for the poor of fuch parish to difpofe of the goods by fale or otherwife, or fo much of them, for "the purposes aforefaid, as the court fhall think fit, and "to receive the rents and profits, or fo much of them as "fhall be ordered by THE SESSIONS as aforefaid, of his or "her lands."

any

Perfons fued for matters in this act, may plead

485. By 13. 14. Car. 2. c. 2. f. 20. "And if perfon or perfons fhall be fued for any matter or thing "which he fhall do in execution of this act, he may the general if"plead the general iffue, and give the fpecial matter in fue. "evidence; and if the verdict thall pafs for the defen"dant, or if the plaintiff be nonfuited, or discontinue "his fuit, the defendant fhall recover.treble damages."

chargeable may

486. By 6. Geo. 2. c. 31. "Whereas the laws now in The mother of a being (a) are not fufficient to provide for the fecuring baftard child andindemnifying parishes and other places from the great likely to become "charges frequently arifing from children begotten and apply to the juf. "born out of lawful matrimony: for remedy thereof, tices of the paBE IT ENACTED, That if any fingle woman fhall be de- rith, and fwear "livered of a bastard child, which fhall be chargeable, or it to any person, "likely to become chargeable, to any parith, or extra- (a) See18. Elix. "parochial place, or fhall declare herfelf to be with child, c. 3. 7. Jac. 1. "and that fuch child is likely to be born A BASTARD, and 4. and 3. Car. to be chargeable to any parish or extra-parochial place, "and fhall, in either of fuch cases, in an examination to "be taken in writing, upon oath, before any one or more "justice or juftices of the peace of any county, riding, "divifion, city, liberty, or town corporate, wherein such parish or place fhall lie, charge any perfon with having

66

C.

1. C. 4.

by his warrant

gotten her with child, it fhall and may be lawful to and And the juftices "for fuch justice or juftices, upon application made to may apply to "him or them by the overfeers of the poor of such parish, fuch perfon, or "or by any other of them, or by any fubftantial houfe-apprehend him "holder of fuch extra-parochial place, to iffue out his "or their warrant or warrants for the immediate appre"hending fuch perfon, fo charged as aforefaid, and for "bringing him before fuch juftice or juftices, or before any other of his majefty's juftices of the peace of fuch

and commit

him to prifon, unlefs le gives

fecurity.

But fuch perfon, on the wo

man's mifcarriage, &c. fhall be discharged.

The juftices, on prifoner's re

mon the overfeers, &c.

county, riding, divifion, city, liberty, or town corpd"rate; and the juftice or juftices, before whom fuch per"fon fhall be brought, is and are hereby authorized and "required to commit the person so charged as aforefaid to the common gaol or house of correction of such "county, riding, divifion, city, liberty, or town corpo"rate, UNLESS he fhall give fecurity to indemnify fuch

parish or place, OR fhall enter into a recognizance, with "Tufficient furety, upon condition to appear at the next "general quarter-feffions, or general feffions of the peace, "to be holden for fuch county, riding, divifion, city, li"berty, or town corporate, and to abide and perform fuch "order or orders as fhall be made in pursuance of the "18. Eliz. c. 3. concerning baftards begotten and born out “of lawful matrimony.”

487. By 6. Geo. 2. c. 31. f. 2. " PROVIDED neverthelefs, that if the woman fo charging any perfon as afore"faid fhall happen to die, or be married, before the shall "be delivered, or if the fhall mifcarry of fuch child, or "fhall appear not to have been with child at the time of "her examination, then, and in any of the faid cafes,

fuch perfon fhall be difcharged from his recognizance "at the next general quarter-feffions or general feffions "of the peace to be holden for fuch county, riding, di"vifion, city, liberty, or town corporate, or immediately "releafed out of cuftody by warrant under the hand and "feal or hands and feals of any one or more justice or jus"tices of the peace refiding in or near the limits where fuch parifh or place fhall lie."

488. By 6. Geo. 2. c. 31. f. 3. " PROVIDED ALSO, that upon application made by any perfon who fhall be comqueft, may fum-mitted to any gaol or houfe of correction by virtue of "this act, or by any perfon on his behalf, to any juftice "br juftices refiding in or near the limits where fuch & parish or place fhall lie, fuch juftice or juftices is and "are hereby authorized and required to fummon the "overfeer or overfeers of the poor of such parish, or one "or more of the substantial houfholders of fuch extra"parochial place, to appear before him or them, at a "time and place to be mentioned in fuch fummons, to thew caufe why fuch perfon fhould not be discharged; and if no order fhall appear to have been made in purfuance of the faid act of the 18. Eliz. c. 3. within fix weeks after fuch woman fhall have been delivered, fuch "juftice or juftices fhall and may difcharge him from foner to be fethis imprisonment in fuch gaol or houfe of correction "to which he shall have been committed.

and if no order" be made within fix weeks after

the woman's delivery, pri

at liberty.

489. By

489. By 6. Get: 2. c. 31. f. 4. "PROVIDED ALWAYS, The woman not that it fhall not be lawful for any juftice or juftices of to be examined refpecting her "the peace to fend for any woman whatsoever before pregnancy till "the fhall be delivered, and one month after, in order to one month after "her being examined concerning her pregnancy, or fup- her delivery. દ pofed pregnancy, or to compel any woman before the Thall be delivered to answer to any queftions relating to "her pregnancy; any law, ufage, or euftom, to the contrary notwithstanding."

66

as fhall be born

pregnant wo

490. By 13. Geo. 3. e. 82. f. i. "Whereas, through the For the regula humane and benevolent affiftance of well-difpofed per- tion of fuch fons, many HOSPITALS and places have been established baftard children "for the charitable reception of PREGNANT WOMEN, in bospitals of which have afforded great relief in times of the utmost other places, "diftrefs, and therefore merit every due fupport and en- no hofpital "couragement; but fome inconveniencies having been shall be efta*found to arife from the number of BASTARD CHILDREN blished for the reception of born in fuch hofpitals and places, which have become "heavy burdens, and have occafioned unreasonable charges, unlefs 4 "upon those parishes wherein fuch hofpitals and places licence be ob"have been inftituted, to their great and unjuft oppref- tained; which "fion: and whereas it would tend as well to promote tices, at their licence the juf the intereft. of fuch hofpitals and places as to give a quarter-feffions, "feasonable relief to fuch parishes, if a law was made to are empowered regulate the fettlement of fuch baftard children, IT is to grant. ENACTED, that from and after the first day of Novem"ber 1773, no hofpital or place fhall be established, ufed, "or appropriated, or continue to be used or appropriated, "for the public reception of pregnant women, under public "or private fupport, regulation, and management, in any "parish within that part of Great-Britain called England, "unless A LICENCE fhall be firft had and obtained, in man"ner hereafter mentioned, from the juftices of the peace, at *fome one of their general quarter-feffions to be held for "the county, riding, divifion, city, or corporation, where"in fuch hofpital or place fhall be fituated; and fuch juf"tices are hereby authorized and required to grant fuch "licence to any perfon or perfons who fhall apply for "the fame, fuch perfon or perfons paying the fum of "forty fhillings for every fuch licence to the clerk of the "peace of fuch county, riding, or divifion, or to the "town clerk of fuch city or corporation, as a perquifite "for his trouble, and as a fund to defray the expence of "the ftamp and parchment that fhall be used for the 64 grant of fuch licence."..

491. By

Every licence

66

491. By 13. Geo. 3. c. 82. f. 2. "Every fuch fishall be stamped "cence fhall be written on parchment, and ftamped with with a 58.ftamp, «‹ a and figned by five fhilling ftamp; and a copy thereof fhall be entwo juftices. "tered in a book to be kept for that purpofe by fuch "clerk of the peace, or town clerk, and preferved as a public register among the records of the county, riding, "divifion, or of fuch city or corporation, as the cafe may "be, to be infpected by any perfon or perfons on pay"ment of one thilling; and every fuch licence fhall be figned by two or more fuch juftices of the peace at "their general quarter-feffions, and fhall entitle the per"fon or perfons to whom fuch licence fhall be granted "to keep one hofpital, houfe, or place, and no more, for "the public or charitable reception of pregnant women.

HOSPITALS

now or hereafter

for the reception of pregnant wo men, deemed

64

66

preg

492. By 13. Geo. 3. c. 82. f. 3. " As well all hofpitals, houfes, and places, already eftablifhed, ufed, or approto be establishedpriated for the public reception of pregnant women, and fupported by charitable contributions, or otherwise, for "the purposes of the delivery or lying-in of fuch nant women, as all other hofpitals, houfes, or places, that may hereafter be established, used, and appropri"ated in like manner for the like purposes, thall be "deemed and taken to be hospitals and places within the "true intent and meaning of this act."

within the incent of this act.

Infcription to

the door of all hofpitals.

66

493. By 13. Geo. 3. c. 82. f. 4. "And that it may be be affixed over more eafily known what hofpitals, houfes, or places fhall "have been licenfed purfuant to this act, BE IT ENACTED, "that there fhall be fixed and kept up over the door, or public entrance, of every fuch hofpital, houfe or place, "an infcription, in large letters, in the following words: videlicet, LICENSED FOR THE PUBLIC RECEPTION OF 46 PREGNANT WOMEN, PURSUANT TO AN ACT OF PARLIAMENT PASSED IN THE THIRTEENTH YEAR OF

BASTARD

THE REIGN OF KING GEORGE THE THIRD, and the "affixing and keeping fuch infcription fhall be a condi"tion in every fuch licence; and in cafe fuch inferip"tion fhall not be fixed and kept over the door or public "entrance of fuch hofpital, houfe, or place, fuch licence fhall become null and void."

CHILDRENborn" in fuch hofpitals not to be entitled to relief as a pa

rifhioner.

"No BASTARD CHILD

494. By 13. Geo. 3. c. 82. f. 5. or children, born in any fuch hofpital, house, or place, as aforefaid, fhall be legally fettled in, or fhall be entitled to any relief as a parishioner from the parifh wherein fuch hofpital, houfe, or place fhall be fituated; "but every fuch child or children fhall follow the mother's fettlement, and hall immediately gain a fettle

“ment

"ment in the parish or parishes refpectively where his "her or their mother or mothers were laft legally fettled; "any law, ftatute, ufage, or cuftom to the contrary there"of in any-wife notwithstanding."

mothers from

parish, if within

twenty miles of

495. By 13. Geo. 3. c. 82. f. 6. "In cafe it fhall be- The charges of "come neceffary to remove the mother of the child fo born conveying bas. "A BASTARD, and the child fo born a baftard, or either tards and their "of them, from the parish or place in which fuch hof- any hofpital to "pital, houfe, or place fhall be fituated, to the parish or the mother's "place to which fuch woman fhall belong, or where the parish, shall be "shall have obtained her last legal fettlement, fuch parish paid by fuch " or place, being within twenty miles of fuch hofpital, "houfe, or place, to which the fhall be fo removed, fhall be the hofpital; "chargeable with, and liable to the payment of all charges which charge "and expences incident to or attending fuch removals; fhall be fettled fuch charges and expences to be allowed and fettled by by the juftices of the parish in any juftice or juftices of the peace (who is and are writing, and if "hereby required to allow and fettle the fame) in and for not paid in two "the county, riding, divifion, city, corporation, or place, days after de"in which the parish or place fhall be fituated, to which mand, may be levied by dif. "fuch mother and child, or either of them, shall be re- trefs. "moved as aforefaid: and if fuch charges and expences, "after being allowed and fettled as aforefaid, and demand "thereof made in writing, directed to the churchwar"dens or overfeers of the poor of the parish to which "fuch mother and child, or either of them, fhall be re"moved as aforefaid, fhall not be paid within two days "after fuch demand; then, and in every such case, it "fhall and may be lawful to and for any one or more “of his majesty's juftices of the peace in and for the "county, riding, divifion, city, corporation, or place, in "which the parifh fhall be fituated, to which fuch mother "and child, or either of them, fhall be removed, and he "or they is and are hereby required, by warrant under "his or their hand and feal, or hands and feals, to levy "the fame by distress and fale of the goods and chattels "of the churchwardens or overfeers of the poor making "fuch refufal as aforefaid, or on the goods and chattels "of any or either of them."

496. By 13. Geo. 3. c. 82. f. 7. " Provided always, Appeal may be "that if any perfon or perfons fhall think himself or them- made to quar"felves aggrieved by fuch removal or distress had or made ter-feffions by perfons ag. "in pursuance of this act, every fuch perfon may appeal grieved. "to the quarter-feffions of the peace to be holden for the "county, riding, divifion, city, corporation, or place, wherein he shall have fuffered fuch grievance, within

Cc3

“four