"four months after the fact done by which he fhall "think himself fo aggrieved, fuch appellant first giving, Giving fourteen" or caufing to be given, fourteen days notice at the leaft,

days notice,

The parish-offi

apprehend the futbers of any BASTARDS,

"in writing, of the intention to bring fuch 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 fuch notice given entering into re"cognizance, with two fufficient fureties, conditioned to 66 try fuch appeal, and to abide the order of, and to pay "fuch cofts as fhall be awarded by the juftices at fuch "quarter-feffions; and the faid juftices fhall then hear " and determine the caufes and matters of appeal in a "fummary way, and award fuch cofts to the parties ap"pealing or appealed against as they the faid juftices fhall "think proper; and the determination of fuch juftices, "fo made, fhall be final, binding, and conclufive, to all in"tents and purposes whatsoever,"

497. By 13. Geo. 3. c. 82.1. 8. "All officers belongcers and all ma-ing to the parish wherein the mother of fuch child fo giftrates em"born A BASTARD fhall have been laft legally settled, and powered to "all magiftrates of the county, riding, divifion, city, cor"poration, or place, wherein fuch parifh fhall be fituated, "fhall have power and authority to apprehend the re"puted father of any fuch baftard child, to take fecurity "for the indemnity of the parifh, and to punish the pa"rents, and to do every other matter or thing relative to "fuch case of baftardy, in the fame manner, and with the "fame powers, as fuch magiftrates or officers might of would have had in cafe fuch child had been born in "fuch parish or place; any law or ftatute to the contrary "thereof in any-wife notwithstanding.”

Provifo,

Owners or maf

to take the woman before ad. mitted to be

498. By 13. Geo. 3. c. 82. f. 9. " Provided always, that "nothing in this act contained shall extend, or be con"ftrued to extend, to alter the law as it now ftands re"lative to the fettlement of any baftard child fo born as "aforefaid, in cafes where the mother's fettlement cannot "be afcertained and determined.

499. By 13, Geo. 3. c. 82. f. 10. "The owner, ters of hofpitals keeper, governor, mafter, fecretary, clerk, or other per"fon, who fhall have, or to whom fhall be intrusted the care, conduct, or management, of fuch hofpital, house, examined before" or place, fhall, and he the or they is and are hereby dia juftice. "rected or required, before the admiffion of any preg"nant woman into fuch hofpital, house, or place, forthwith (unless prevented by fickness) to take, or caufe to

"be

I

"be taken, fuch woman before fome juftice of the peace "in and for the county, riding, divifion, city, corpora"tion, or place, where fuch hofpital, houfe, or place is "fituated, which juftice is hereby directed and required "to examine her upon oath, whether fhe is married or "fingle and in cafe fuch pregnant woman fhall not "be able, at the time of fuch admiffion, to go before "fuch juftice, and be examined as aforefaid, that then, "and in every fuch cafe, it fhall and may be lawful to "and for the faid owner, keeper, governor, mafter, fecretary, clerk, or other perfon, as aforefaid, and he fhe or "they is and are hereby directed and required, when and fo foon as fuch woman fhall be fufficiently recovered, "to take, or cause to be taken, fuch woman before fuch "justice, to be by him examined as aforefaid, any law, "ftatute, ufage, or cuftom, to the contrary thereof in "any-wife notwithstanding: and all and every the parti"culars of fuch examination, taken upon oath as afore"faid, fhall be entered in a book, to be provided and kept for that purpose by the owner, keeper, governor, "mafter, fecretary, clerk, or other perfon as aforefaid, " and figned by the juftice of the peace before whom fuch "examination is taken, who is hereby directed and re"quired to fign the fame."

davit that the is

500. By 13. Geo. 3. c. 82. f. 11. "Provided always, If the woman "that if any woman, on admiffion into fuch hofpital, produce an affi houfe, or place, fhall produce an affidavit, fworn by married, or her before fuch juftice of the peace for the city of Lon- fingle, the is not "don, or for the county, riding, divifion, city, corpora- liable to go be"tion, or place, wherein fuch hofpital, houfe, or place fore the justice. "fhall be fituated, that he is a married or fingle woman,

as the cafe may be, which affidavit fhall be kept and filed at every fuch hofpital, houfe or place; then, and "in every fuch cafe, fuch woman fhall not be liable or "compellable by this act to go before any justice of the "peace, or to be further examined on oath as to her "marriage.

501. By 13. Geo. 3. c. 82. f. 12. "If any woman When any wa "fhall be delivered of a baftard child in fuch hofpital, man fhall be delivered of a bafhoufe, or place, fuch owner, keeper, governor, mafter, jard, the owner "fecretary, clerk, or other perfon as aforefaid, fhall, four of the hofpital is days at the leaft before any fuch woman fhall be dif- to give four "charged, give, or caufe to be given, a perfonal notice, or days notice, be "notice in writing, of fuch delivery, to be left at the ufual fore he is difplace of abode of the OVERSEER or overfeers, churchwar-charged, to the f den or churchwardens, of such parish or place wherein

Сс
CC 4

"fuch

overfeers.

Seers.

The mother of "fuch hofpital, house, or place fhall be fituated; and a baftard to be fuch overfeer or overfeers, churchwarden or churchexamined by the wardens, or fome or one of them, is and are hereby aujuftices, and fuch examination "thorized and required, after fuch notice given, to attend certified in writ-"at fuch hofpital or place within the time fo notified as ing to the over-aforefaid, and fhall convey every fuch woman before "fome justice of the peace of the county, riding, divifion, "city, corporation, or place, where fuch birth or births. "thall happen, who fhall examine every fuch woman upon oath relative to her laft legal fettlement, and shall "certify, in writing, to fuch overfeer or churchwarden "the whole of fuch examination, who fhall cause the "fame to be depofited and kept aniongft the books and papers belonging to fuch parish or place."

Overfeer attending, and

that fuch wo

man is not fuf

502. By 13. Geo. 3. c. 82. f. 13. "If at any time "fuch overfeer or churchwarden fhall, upon fuch attenbeing informed «dance, be informed by fuch owner, keeper, governor, "mafter, fecretary, clerk, or other perfon, that any fuch ficiently reco- "woman is not fufficiently recovered to be taken out and vered, hall wait" carried before fuch juftice, fuch overfcer or churchwarden till a further "fhall wait till a further notice fhall in like manner be notice be given. «given; and fuch notices, from time to time, fhall be "repeated as occafion may require; and every fuch over"feer and churchwarden, who fhall receive the fame, is "hereby required to pay due attention thereto."

Every woman

may be kept in the hofpital till

fhe be in a fit condition to be

503. By 13. Gco. 3. c. 82. f. 14. "Provided always, that it fhall and may be lawful for every fuch owner, « keeper, governor, mafter, fecretary, clerk, or other perfon, to keep and detain in fuch hofpital, houfe, or difcharged, &c.; " place, every fuch woman fo delivered of a bastard child, "till fhe fhall be adjudged in a fit condition to be dif"charged, and until the fhall have been examined before "fome juftice of the peace as aforefaid, with refpect to "the place of her last legal fettlement."

but not to ex

tend to keep any woman longer than fix weeks,

without her confent.

Owners, gover

504. By 13. Geo. 3. c. 82. f. 15. "Provided always, that nothing in this act fhall extend, or be construed to extend, to authorize or impower any perfon whatsoever to keep or detain in fuch hofpital, houfe, or place, any woman fo delivered of a bastard child for a longer time "than fix weeks after the birth of fuch child, unless it "fhall be done by her own free confent."

66

nors, &c. not +66 complying with

505. By 13. Geo. 3. c. 82. f. 16. "Every fuch owner, keeper, governor, mafter, fecretary, clerk, or

the directions of this act to forfeit 501.

"other

forfeit zol.

"other person as aforefaid, who shall wilfully neglect or and overfeers, "refufe to comply with the directions of this act, fhall &c. neglecting "forfeit and pay for every fuch neglect or refufal the or refufing, to "fum of fifty pounds; and every fuch overfeer or church"warden who fhall in like manner neglect or refuse to "comply with the directions of this act, fhall, for every "fuch neglect or refufal, forfeit and pay the fum of ten

46

66

"pounds; which penalties or forfeitures fhall be reco- How penalties vered, with full cofts of fuit, by action of debt, bill, may be recoplaint, or information, in any of his majesty's courts vered and ap"of record at Westminster, by any perfon or perfons plied. "who fhall fue for the fame; and fuch forfeitures and

46

penalties, when recovered, fhall be applied, one moiety "to the ufe of the poor of the parish where fuch offence "fhall have been committed, and the other moiety to the perfon or perfons who fhall fue for and recover the "fame."

506. By 13. Geo. 3. c. 82. f. 17. "If any action or to any action "fuit fhall be commenced against any perfon or per- on this ftatute "fons for any thing by him or them done or executed the defendant may plead the "in pursuance of this act, the defendant or defendants general iffue, and "in fuch action or fuit fhall and may plead the general on verdict in his "iffue, and give this act and the special matter in evi- favour thall have "dence at any trial to be had thereupon, and that the treble cofts. "fame was done in pursuance and by the authority of "this act; and if afterwards a verdict fhall pass for the "defendant or defendants, or the plaintiff or plaintiffs "shall become nonfuited, or difcontinue his her or their "action or profecution, or judgment shall be given against "him her or them upon demurrer, or otherwise; then "fuch defendant or defendants fhall have treble cofts "awarded to him or them against fuch plaintiff or "plaintiffs.'

within fixe

507. By 13. Geo. 3. c. 82. f. 18. "Provided always, Actions to be "that no fuch action or fuit shall be brought by virtue commenced "and in pursuance of this act, unless the fame be com"menced within fix calendar months after the offence "committed."

months.

508. By 13. Geo. 3. c. 82. f. 19. "This act fhall be Public a&t. "deemed a public act; and as fuch taken notice of by "all judges, juftices, and other perfons, without fpe"cially pleading the fame."

509. By

Bastards born

rection belong to the mother's pafith.

509. By 20. Geo. 3. c. 36. f. 2. “It is declared, that in houfes of cor- all baftard children born or to be born in the houfe of "induftry within any incorporated hundred or district, "for which any ftatute has been made for the relief and employment of the poor, fhall be deemed to belong to the parish or place where the mother of fuch baftard child was legally fettled."

All children

trimony are

baftards.

II. Who fhall be deemed bafards.

510. A BASTARD, by our English laws, is one that is born before ma- not only begotten but born out of lawful matrimony. The civil and canon laws do not allow a child to remain a baftard if the parents afterwards intermarry, and herein they differ moft materially from our law; which, though not fo ftrict as to require that the child fhall be begotten, 1. Com. Dig. yet makes it an indifpenfable condition that it fhall be bern after lawful wedlock all children, therefore, born before matrimony are baftards by the laws of England.

Co. Lit. 244. 1. Rull. Abr. 357

579.

All children

the hufband,

511 Radwell's Cafe, Trinity Term, 18. Edw. 1. Roll 6. born fo long af- Co. Litt. 124. b.-On a fpecial verdict it was found that ter the death of Henry, the fon of Beatrice, who was the wife of Robert that by the ufual Radwell, deceased, was born per undecim dies poft ultimum comfe of geita- tempus legitimum mulieribus conftitutum; and thereupon tien they could was adjudged, that the aforefaid Henry cannot be confinot be begotten dered the fan of the aforefaid Robert according to the laws and cuftoms of England.

by him, are baí

gards.

Co. Lit. 124. b. in notis.

going with child

it

512. Radwell's Cafe, Lord HALE's MSS. Co. Lit. 124. The ufual time-In affife by John Radwell against Henry, fon of Beafor a woman trice, who was wife of Robert Radwell; quia computum eft is forty weeks. that the aforefaid Henry was born eleven days after forty weeks, which is the ufual time in law for a woman going with child; ex quo the aforefaid Robert had no accefs to the aforefaid Beatrice for one month before his death, it fhall be prefumed that the aforefaid Henry is a baftard, Judgment was therefore given for the plaintiff (a),

(a) Fid Mr.

Hargrave's ob
fervation on this cafe, Co. Lit. 125. a. in notis.

But the time of

retarded by ac.

513. Alfop v. Bowtrell, Mich. 7. Fac. 1. Cro. Jac. 541. geftation may be The queftion was, Whether a woman being delivered Accerted or of a child forty weeks and nine days after the death of her cidental caufes, hufband, the child thall be baftard? It was proved that her deceafed hufband's father did much abuse her, and caufed 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;

S. C. Palm. 9.

and