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" four months after the fact done by which he shall

“ think himself fo aggrieved, such appellant first giving, Giving fourteen“ or causing to be given, fourteen days notice at the lealt, days notice, “ in writing, of the intention to bring such appeal, and

“ of the matter thereof, to the party or parties against “ whom such appeal is intended to be brought, and within " two days next after such notice given entering into re« cognizance, with two sufficient fureties, conditioned to “ try such appeal, and to abide the order of, and to pay “ such costs as shall be awarded by the justices at such “quarter-sessions; and the faid justices Thall then hear 6c and determine the causes and matters of appeal in a “ summary way, and award such costs to the parties ap

pealing or appealed against as they the said justices shall “think proper ; and the determination of such justices, “ so made, shall be final, binding, and conclusive, to all in

“ tents and purposes whatsoever," The parith-offi. 497. By 13. Geo. 3. c. 87. f. 8. “All officers belong, çers and all ma-« ing to the parish wherein the mother of such child lo gistrates em

« born A BASTARD shall have been last legally settled, and powered to apprehend be "all magiftrates of the county, riding, division, city, cor, fubers of any “poration, or place, wherein such parish shall be fituated, BASTARDS, “ Thall have power and authority to apprehend the re

puted father of any such bastard child, to take security « for the indemnity of the parish, and to punish the pa" rents, and to do every other matter or thing relative to “ such case of bastardy, in the same manner, and with the “ fame powers, as such magiftrates or officers might of I would have had in case luch child had been born in « such parith or place; any law or statute to the contrary

" thereof in any-wise notwithstanding.' Proviro! 498. By 13. Geo. 3. c. 82. 1.9. “ Provided always, that

nothing in this act contained shall extend, or be con“ ftrued to extend, to alter the law as it now stands re“ lative to the settlement of any bastard child so born as " aforesaid, in cases where the mother's settlement cannot « be ascertained and determined.

Owners or mal.

499. By 13, Gco. 3. c. 82. f. 10. “ The owner, ters of hospitals « keeper, governor, master, secretary, clerk, or other perto take the woman before ad. son, who shall bave, or to whom shall be intrusted the mitted to be “ care, conduct, or management, of such hospital, house, examined before “ or place, shall, and he lhe or they is and are hereby dia justice,

“rected or required, before the admission of any preg“ nant woman into such hospital, house, or place, forth'“ with (unless prevented by sickness) to take, or cause to

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5 be taken, such woman before some justice of the peace " in and for the county, riding, division, city, corpora“tion, or place, where such hospital, house, or place is s situated, which justice is hereby directed and required “ to examine her upon oath, whether she is married or

single: and in case such pregnant woman Thall not “ be able, at the time of such admission, to go before “ such justice, and be exainined as aforesaid, that then, \' and in every such case, it Mall and may be lawful to "and for the said owner, keeper, governor, master, secresó tary, clerk, or other person, as aforesaid, and he ihe or " they is and are hereby directed and required, when and şi so soon as such woman shall be sufficiently recovered, !! to takę, or cause to be taken, such woman before such "justice, to be by him examined as aforesaid, any law, "statutc, usage, or custom, to the contrary thereof in

any-wise notwithstanding: and all and every the parti"culars of such examination, taken upon oath as afore" said, shall be entered in a book, to be provided and

kept for that purpose by the owner, keeper, governor, "master, secretary, clerk, or other person as aforesaid, "' and signed by the justice of the peace before whom such "examination is taken, who is hereby directed and required to sign the same."

5oo. By 13. Geo. 3. £. 82. s, 11. “ Provided always, If the woman " that if any woman, on admission into such hospital, produce an affic "house, or place, fhall produce an affidavit, sworn by married, or

her before such justice of the peace for the city of Lon- fingle, she is not "don, op for the county, riding, division, city, corpora- liable to go be"tion, or place, wherein such hospital, house, or place fore the justice, “ shall be fituated, that she is a married or single woman, " as the case may be, which affidavit shall be kept and "" filed at every such hospital, house or place; then, and " in every such case, such woman shall not be liable or fi compellable by this act to go before any justice of the

peace, or to be further cxamined on oath as to her " marriage.

501. By 13. Geo. 3: c. 82. f: 12, If any woman When any wa“ shall be delivered of a bastard child in such hospital, man fhall be de. Ş house, or place, such owner, keeper, governor, master, vard, the owner

secretary, clerk, or other pesson as aforesaid, shall, four of the hospital is " days at the least before any such woman Thall be dif- to give four " charged, give, or cause to be given, a personal notice, or days notice, be" notice in writing, of such delivery, to be left at the usual fore she is dif

charged, to tho “place of abode of the OVERSEER or overseers, churchwar" den or churchwardens, of such parish or place wherein

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The mother of " such hospital, house, or place shall be situated; and a bastard to be “ such overleer or overseers, church warden or churchexamined by th: « wardens, or some or one of them, is and are hereby au. justices, and fuch examination “thorized and required, after such notice given, to attend certified in writ.“ at such hospital or place within the time so notified as ing to the over- « aforesaid, and thall convey every such woman before feers.

“ some justice of the peace of the county, riding, division, “ city, corporation, or place, where such birth or births “ ihall happen, who shall examine every such woman

upon oath relative to her last legal settlement, and thall “ certify, in writing, to suchi overseer or church warden “ the whole of such examination, who shall cause the “fame to be deposited and kept anongst the books and

papers belonging to such parish or place.” Overseer at- 502. By 13. Geo. 3. c. 82. f. 13...“ If at any time tending, and

“ luch overseer or churchwarden thall, upon such attenbeing informed a dance, be informed by such owner, keeper, governor, man is not fuf.“ master, secretary, clerk, or other person, that any such ficiently reco- woman is not sufficiently recovered to be taken out and vered, ihall wait « carried before such justice, such overseer orchurchwarden till a further

« shall wait till a further notice shall in like manner be natice be given. “ given ; and such notices, from time to time, shall be

repeated as occasion may require; and every such over« seer and churchwarden, who shall receive the same, is

hereby required to pay due attention thereto." Every woman 503. By 13. Gco. 3. c. 82. f. 14. “ Provided always, may be kept in « that it shall and may be lawful for every such owner, the hofpital fill « keeper, governor, master, secretary, clerk, or other condition to be person, to keep and detain in such hospital, house, or dischaiged, &c.;“ place, every such woman fo delivered of a bastard child,

" till the Thall be adjudged in a fit condition to be dif

charged, and until she shall have been examined before “ some justice of the peace as aforesaid, with respect to “the place of her last legal settlement."

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but not to ex- 504. By 13. Geo. 3. c. 82. f. 15. “ Provided always, tend to keep any “ that nothing in this act thall extend, or be construed to woman longer “extend, to authorize or impower any person whatsoever than fix weeks, se to keep or detain in such hofpital, house, or place, any consent. “woman fo delivered of a bastard child for a longer time

“ than fix weeks after the birth of such child, unless it “ Thall be done by her own free consent.”

Owners, gover

505. By 13. Geo. 3. c. 82. f. 16. “ Every such nors, &c. not complying with

owner, keeper, governor, master, secretary, clerk, or the directions of this act to forfeit gol.

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"other person as aforesaid, who shall wilfully neglect or and overseers, “refuse to comply with the directions of this adt, fhall &c. negle&ting " forfeit and pay for every luch neglect or refusal the or reft fing, so " sum of fifty pounds; and every such overseer orchurch- forfeit 101. “ warden who shall in like manner neglect or refuse to "comply with the directions of this act, shall, for every “ such neglect or refusal, forfeit and pay the sum of ten “pounds; which penalties or forfeitures shall be reco- How penalties "vered, with full coits of suit, by action of debt, bill, may be reco“plaint, or information, in any of his majesty's courts vered and ap" of record at Westminster, by any person or persons plied. " who shall sue for the same; and such forfeitures and “ penalties, when recovered, shall be applied, one moiety “ to the use of the poor of the parish where such offence " shall have been committed, and the other moiety to the “person or persons who shall sue for and recover the “ fame.”

506. By 13. Geo. 3. c. 82. 1.17: “ If any action or to any a&ion *luit shall be commenced against any person or per- on this statute * fons for any thing by him or them done or executed the defendant “ in pursuance of this act, the defendant or defendants may plead the “ in such action or suit shall and may plead the general

general issue, and

on verdict in his “ issue, and give this act and the special matter in evi- favour shall have “dence at any trial to be had thereupon, and that the treble costs. “ fame was done in pursuance and by the authority of “ this act; and if afterwards a verdict shall pass for the « defendant or defendants, or the plaintiff or plaintiffs u shall become nonsuited, or discontinue his her or their u action or profecution, or judgment shall be given against « him her or them upon demurrer, or otherwise ; then « fuch defendant or defendants shall have treble costs « awarded to him or them against such plaintiff or “ plaintiffs.”

507. By 13. Geo. 3. c. 82. f. 18. “ Provided always, Adions to be « that no such action or suit shall be brought by virtue commenced " and in pursuance of this act, unless the same be com- within fix u menced within fix calendar months after the offence « committed."

montbs.

508. By 13. Geo. 3. c. 82. f. 19. “ This act shall be public adt. " deemed a public act; and as such taken notice of by « all judges, justices, and other persons, without fpe"cially pleading the same."

509. By

Bastards born

509. By 20. Geo. 3. c. 36. f. 2. “ It is declared, that in huuses of cor- - all bastard children born or to be born in the house of rection being “ induitry within any incorporated hundred or district, Parith.

“ for which any itatute has been made for the relief and “ employment of the poor, thall be deemed to belong

to the parish or place where the mother of such bastard !' child was legally leitled.”

Co. Lit. 244.

357

II. Iho shall be deemed basurds. All children 310. A BASTARN, by our English laws, is one that is porn before ma- not only begotten but born out of lawful matrimony. trimony are

The civil and canon laws do not allow a child to remain bastards.

a bastard if the parents afterwards intermarry, and herein

they differ moft materially from our law; which, though 3. Rull, Abr.

not fo ftrict as to require that the child shall be begotten, 1. Com. Dig. yet makes it an indispensable condition that it shall be 579.

born after lawful wedlock: all children, therefore, born

before matrimony are bastards by the laws of England. All children

511. Radwell's Cafe, Trinity Term, 18. Edw. I. Roll 6. born so long af: Co. Litt. 124. b.---On a special verdiep it was found that ter the death of the husband,

Henry, the son of Beatrice, who was the wife of Rabira that by the usual Radwell, deceased, was born per undecim dies poft ultimum conise of getta- tempus legitimum mulieribus conftitutum ; and thereupon it tien they could was adjudged, that the aforelaid Henry cannot be coníinot be begotten dered i he son of the aforesaid Robert according to the laws by , are zards.

and customs of England. Co. Lit. 124. b. in nolis.

512. Radwell's Cale, Lord HALE'S MSS, Co. Lit. 124. The usual timc - In aslife by John Radwell against Henry, son of Beafor a woman

trice, who was wife of Robert Radwell ; quia computum ef going with child is foly weeks.

that the aforesaid Henry was born eleven days after forty Wecks, which is the usual time in law for a woman going with child; ex qua the aforesaid Robert had no accefs ta the aforesaid Beatrice for one month before his death, it

Mall be presumed that the aforesaid Henry is a bastard, (a) Pid: Mr. Judginent was therefore given for the plaintiff (a), Hargrave's obo servation on this case, Co. Lit. 125. a. ir nolis. But the time of

513. Alfopv, Bowrrell, Mich. 7. Jac. I. Cve. Jac. 541. restation may be The question was, Whether a woman being delivered set rded by ác.

of a child forty weeks and nine days after the death of her ciderual causes, husband, the child thall be in bastard ? It was proved that S.C. Palm.

her deceased husband's father did much abuse her, and caused her to lie in the streets. Three phyficians (two of them doctors in phyfic) made oath that the child came in time convenient to be the child of the party who died ;

and

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