from the time of the order, Rex v. Selbourne, 2. Show. 132. 104. So also an order is bad unless it appear to be made on the examination of witneffes; and therefore an order made on an affidavit was quafhed, Rex v. Colbert, i. 433. pl. 578 105. An order that the reputed father fhall pay fo much weekly "to the overfeers of the poor," is good, Rex v. Weflon, i. 434: pl. 581

1c6. So alfo an order directing the payment on a particular day, weekly, is good, Rex v. Wifion, i. 434. pl. 582 107. And when no particular day is mentioned, but the order directs, generally, that the money fhall be paid weekly, then the money is due at the beginning of the week, Rex v. Fearnley, i. 367. pl. 464

r08. So an order to pay nine pounds in grofs immediately upon fight of the order, and after that so much weekly, is good, Rex v. Odam, i. 435. pl. 586

109. Same point, Rex v. Gravesend, i. 437. pl. 595 110. So alfo an adjudication that the child was baptized in the parifi, and ordering thirty-fix pounds be paid, "part whereof has been already ex"pended for the maintenance of the "child and other incidental charges "and expences,has been held good," Rex v. Moravia, i. 437. pl. 596

11. But the reputed father cannot be ordered to pay a grofs fum at a future day for the purpose of binding the child out apprentice, Rex v. Willey, i. 436. pl. 393 112. For a reputed father is not compellable to give the child a portion or to put it out apprentice, Rez v. Selbourne, z Show. 132.

113. The order must exprefsly adjudge that the perfon charged with the maintenance is the reputed father of the child; and therefore an order ftating, "Whereas it ap "pears to us that A. B. is, &c." was held bad; for this is not an exprefs adjudication, Rex v. Pitts, i. 438. pl. 598

114. The juftices cannot order a basftard child to be delivered to its mother, Rex v. Felton, i. 438. pl. 597

IX.

APPEAL

from

ORDER OF BASTARDY.

115. By 18. Eliz. c. 3. f. 2. the ap peal against an order of baftardy must be "to the next general fef

66

fions of the peace holden in the 66 county where the order fhall be "made," i. 384. pl. 481 116. It is faid that the words next general feffions" mean that the order made by two juftices must be confirmed or difcharged at the next general feffions for that part of the county where the order was made, and not at the feffions for the county; for it would otherwife be mifchievous in many counties where there are feveral feflions in diflinct parts of the county, Rex v. Confion,

i,

441. pl. 609

117. And the next feffions fhall be that which is held next after the reputed father has notice of the order by two juftices, Rex 0: Brown, i. 441. pl. 651

118. And if the order be made by the feffions, the party need not appeal during the feffions in which the order is made; for that cannot be the next feffions after notice, Rex v. Burrell, 2. Med. 20 119. And the appeal must be to the next general feffions, and not to the

next quarter-feffions after notice, Rex v. Shaw, i. 442. pl. 602 120. But it is not neceffary that it fhould be ftated in the order, that the feffions, to which the appeal is made, was the next general feffions, Rex v. Brown, i. 441. pl. 601

121. For if a court of general quarterjeffions next after an order of bastardy quafh the order, the court of king's bench will not intend that a court of general feffions intervened, and therefore, unless that appear, the order will be good, Rex v. Chichester, i. 445. pl. 613

X.

OF

the jurifdiction of

THE SESSIONS.

122. The feffions have an original jurifdiction in cafes of baftardy, Slater's Cafe, i. 442. pl. 604 123. And therefore an original order of baftardy may be made at feffions, Rex v. Greaves, i. 446. pl. 612 124. And after the feffions have made an order, the two juftices cannot make an order in the fame cafe, Slater's Cafe, i. 442. pl. 604 125. Nor if the feffions difcharge the order of two juftices, Rex v. Teri. 447. pl. 615 126. But the feffions may quash an order of baftardy made by two justices, and make an original order on another perfon, Wood's Cafe, i. 443. pl. 6c6 137. And against fuch original order there is no appeal, Pridgeon's Cafe, i. 443. pl. 605

rant,

128. But in making an original order on the ftatute 3. Car. I. c. 4. which is the ftatute that gives jurifdiction to the feffions in this cafe, they

may commit as the two juftices might have done on the 18. Eliz. c. 3. that is, unless the party put in fecurity to perform the order, or to appear at the next fellions, Rex v. Weston, i. 444. pl. 607

129. The feffions cannot make an order fining a conftable who has let the putative father efcape, Rex v. Ridge, i. 444. pl. 608

130. In an order on the putative father, it ought to appear that he was fummoned; but the Court will intend that he was fummoned, unlefs the contrary appear, Rex v. Clegg, i. 444. pl. 609 131. So alfo if their order recites, that it was made upon full hearing, the Court will intend that the merits of the cafe came before them, Rex v. Teriam, i. 445. pl. 610

132. If the feffions confirm an order made by two juftices, it is conclufive, and cannot be vacated at a fubfequent feffions, Rex v. Arundel, i. 445. pl. 611

133. By 5. Geo. 2. c. 19.

66 upon "all appeals against orders of jus"tices, the feffions may cause any "defects of form to be rectified " and amended without any colts "or charges to the parties, and proceed to hear and determine upon the merits of fuch or"ders, &c." i. 442. pl. 603

and the particulars of fuch examination fhall be entered in a "book to be provided by the hof

pital for that purpose, and fhall "be figned by the justice who "takes fuch examination," i. 390. pl. 499

$47. By 13. Geo. 3. c. 82, f. 11. "but if any woman, on admiffion, "fhall produce an affidavit fworn "by her before a magistrate of the place where the hofpital is fitua"ted, that he is a married or a fingle woman, as the cafe may be, "the fhall not be compellable to go before a juice," i. 391. pl. 500

"a penalty of fifty pounds is in"flicted on every governor, &c. "wilfully neglecting or refufing to comply with the directions of the act; and ten pounds on every parish-officer; to be recovered by action, one moiety to the 66 poor, the other to the informer," i. 393. pl. 503

153. By 13. Go. 3. c. 82. f. 17. the defendant may plead the

64

general ifue, St. and, on a ver"dict in his favour, fhall have "treble cofts; and action must be "commenced within fix months," i. 393. pl. 504 154. By 20. Geo. 3. c. 36. f. 2. baftards born in any boule of in44 auftry,

66

BORSHOLDER.

1. Serving the office of borfholder is ferving an annual office in the parish, and will irtitle the party to a fettlement therein under the ftatute 3. Will. & Mary, c, 11. s. 6, Burlijcomb. Samford Peverell, ii. 284. pl. 293.

2. And ferving fuch office for a year, although not fworn in till half the year is expired, is fuch an execution of an annual ofice as will avoid a certificate under the ftatute 9. & 10. Will. 3. c. 11. Holy Trinity v. Garfington,

ii. 284. pl. 294

3. But a certificate man, having a tally left with him as borfholder, if he was never during the year prefented, admitted, or fworn into the office, is not thereby legally placed in fuch office, and therefore canrot gain a fettlement under it, Wingbam v. Sellinge, ii. 289. pl. 293. 4. Same point, Rex v. Winterbourne, ii. 295. pl. 301 5. But ferving for a year as a deputy to the borgholder of a parish, is not ferving an annual office in the parifh fo as to intitle fuch deputy to a fettlement, Rex v. Allcannings, ii. 296. pl. 302 6. And the office must be ferved for a year; for if a borfholder become chargeable before the year expires,

C.

CERTIFICATE.

1.

ОР

the STATUTES,

1. By 13. & 14. Car. 2. c. 12. "fw@ "justices of the peace, on complaint "to one juftice by the parifh-officers, may, within forty days, remove any person who is likely to be "chargeable from any tenement "under the yearly value of ten "pounds, to the parish in which "he was last legally settled, unless "he give fufficient fecurity to the "parif, to be allowed by the faid "juftices," i. 697. pl. 610

2. By 13. & 14. Car. 2. C. 12. "perfons may go into any parish "to work in time of barveft, or at "any other time, fo that ne carry "with him A CERTIFICATE from "the minifter of the parish and "one of the churchwardens and "one of the overfeers, that he "hath a dwelling, and hath left "his family, and is declared an "inhabitant there, &c." ii. 697. pl. 611