Page images
PDF
EPUB

S. 3.

Maintenance of

sessions, that an order of filiation had been already made on the person so charged, or that such order was not then requisite to be made, on account of the death of the child born a bastard, or for other like sufficient reason; in each of which cases first before mentioned, it shall be lawful for the justices at such quarter sessions or general sessions, to respite such recognizance to the next quarter sessions or general sessions, without requiring the personal attendance of the putative father so bound, or that of his surety, and in either of the two last mentioned cases, it shall be lawful for the justices assembled as aforesaid, to discharge such recognizance. By s. 3. if any reputed father or any mother of such bastard child, on whom any order of filiation or maintenance of such bastards by rechild shall have been made by the court of quarter ses- mothers enforced puted fathers or sions, or by 2 justices of peace, and confirmed by the quarter sessions, or against which no appeal shall have been made to the quarter sessions, shall neglect or refuse to pay any sum of money which he shall have been ordered to pay towards the maintenance or other sustentation for the relief of such bastard child, any justice of peace of the county, &c. in which such reputed father or mother shall be, shall, upon complaint made by an overseer of the poor of any parish, &c. liable to the maintenance of such bastard child, or where such bastard child shall be, and upon proof on oath of such order for the payment of such sum of money, and of such sum being unpaid, and of a demand of such payment having been made, and a refusal to pay the same, or that such reputed father or mother hath left his or her usual place of abode, and hath avoided a demand thereof being made by such overseer, issue his warrant to appre hend such reputed father or mother, and to bring him or her before such justice, or any other justice of such county, &c. to answer such complaint; and if such reputed father or mother shall not pay such sum as shall appear to the justice before whom he or she shall be brought, to be due, or shall not shew some sufficient cause for not so doing, such justice shall commit such reputed father or mother to the house of correction or

[ocr errors][merged small]

S. 4.

costs, how ascer

tained.

$,5.

Appeal to quarter sessions.

common gaol of said county, to be kept to hard labour for 3 months, unless he or she shall, before the expiration of said 3 months, pay to one of the overseers of the poor of the parish, &c. the said sum so due, and so from time to time, and as often as such reputed father or mother shall neglect or refuse to pay any other sum that shall become due by virtue of such order after any former imprisonment. Provided (s. 4.) that all such charges Expenses and shall be at the discretion of the justices or court of quarter sessions, who shall make such order of filiation; and such justices, &c. may order the payment of the whole or any part thereof: provided that the costs of apprehending, &c. the reputed father or mother, and of the order of filiation, shall not exceed £10.; and for securing the same, all the powers, &c. of the 18 Eliz.c.3. shall be used. By s. 5. any person aggrieved by any order made by such justices under this act, and not originating in the quarter sessions, may appeal to the next quarter sessions to be holden for the county where such order shall be made, on giving notice to such justices, or one of them, and also to the church-wardens and overseers of the poor of the parish on whose behalf such order shall have been made, or to one of them, 10 clear days before such quarter sessions, of his intention of bringing such appeal, and of the cause and matter thereof, and entering into a recognizance within 3 days after such notice, before some justice of peace for such county, with sufficient surety conditioned to try such appeal, and abide the judgment and order of, and pay such costs as shall be awarded by the justices at such quarter sessions; which justices at their sessions, upon proof of such notice being given, and of entering into such recognizance as aforesaid, shall determine such appeal, and give such relief and costs as they shall judge proper; and such judgments and orders shall be final. By s. 6. so much of the 6 Geo. 2. c. 31. Eng. as authorizes the justice before whom the reputed father of a bastard child shall be brought, in cases where the woman has not been delivered, to commit him to the common gaol or house of correction, unless he shall give security to indemnify

s. 6.

Clause of 6

Geo. 2. c. 31,
Eng. repealed.

the

s. 7.

bastards.

the parish or place, or shall enter into a recognizance to appear at the next quarter or general sessions, is repealed. And by s. 7. no appeal relating to bastardy shall be brought or heard at the quarter sessions, unless such notice shall have been given, and such recogni- cases of basta-ty No appeal in zance shall have been entered into, in manner aforesaid, without notice and recogn P. 417. l. 31. The 35 Geo. 3. c. 101. Eng. provides ance. (s. 6.) that every unmarried woman with child, shall be 35Geo.3.c.101. taken to be a person actually chargeable, and may be s. 6. Eng. removed as such, to the place of her last legal settle- settlement of ment; and in case any such order of removal shall be suspended for any of the reasons in this act mentioned, and during such suspension the said woman shall be delivered of any child, which by law shall be a bastard, such bastard child shall be deemed to be settled in the same parish, township, or place, in which was the legal settlement of the mother at the time of her delivery: provided that all acts heretofore made touching bastard children, or concerning the mothers or reputed fathers of such children, shall remain in force as well in cases where by this act the place of settlement of such bastard is directed to be the same as that of the mother, as in cases where the place of settlement of such bastard child remains the same. The 33 Geo. 3. c. 54. Eng. (which is an act for the encouragement and relief of friendly so- s. 25. Eng. cieties) provides (s. 25.) that every child which shall be born a bastard in any parish, township, or 'place, during the mother's residence theréin under the authority of this act, shall be deemed to have the same settlement which the mother has or is entitled unto at the time of the birth of such child. The 51 Geo. 3. c. 79. E. provides 51 Geo. 3.c 79. (s. 7.) that no bastard child which shall be born of any lunatic, insane person, or dangerous ideot, in any asylum erected in pursuance of the provisions of the 48 Geo. 3. c. 96. or this act, shall thereby gain a settlement in the parish in which such asylum shall be situated; but the place of the legal settlement of such child so born, shall be in the parish where the mother of such child was last legally settled.

[blocks in formation]

33 Geo.3. c.54.

8. 7. E.

49Geo.3.c.126.

U. K.

5 & 6 Edw. 6.

c. 16. Eng. extended to Scotland and Ireland.

To what offices it shall extend.

P. 442. l. 24.-The 49 Geo. 3. c. 126. U. K. recites the 5 & 6 Edw. 6. c. 16. Eng. and enacts, that all the Provisions of the provisions therein contained shall extend to Scotland and Ireland, and to all offices in the gift of the crown, or of any office appointed by the crown, and all commismissions, civil, naval, or military, and to all places and employments, and to all deputations to any such offices, &c. in the respective departments or offices, or under the appointment, and superintendance and controul of the lord high treasurer or commissioners of the treasury, the secretary of state, the lords commissioners for executing the office of lord high admiral, the master general and principal officers of his majesty's ordnance, the commander in chief, the secretary at war, the paymaster general of his majesty's forces, the commissioners for the affairs of India, the commissioners of the excise, the treasurer of the navy, the commissioners of the navy, the commissioners for victualling, the commissioners of transports, the commissary general, the store-keeper general, and also the principal officers of any other public department or office of his majesty's government in any part of the united kingdom, or in any of the dominions, &c. of his majesty, and also to all offices, &c. belonging to, or under the appointment or controul of the united company of merchants of England trading to the East Indies. Provided (s. 2.) that where the right or interest of any person shall be forfeited under any of the provisions of the said act, or of this act, the right of such appointment shall immediately vest in the king. And by s. 3. if any person shall sell or bargain for the sale of, Persons selling, or receive or take any money, fee, gratuity, loan of &c. offices contrary to this act, money, reward or profit, directly or indirectly, or any how punished. promise, agreement, covenant, contract, bond, or assurance, or shall by any way, device or means, contract or agree to receive or have any money, &c. and also if

S.

Forfeitures to vest in king.

s. 3.

{

4

་་

any person shall purchase or bargain for the purchase of, or give or pay any money, &c. or make or enter into any promise, &c. to give or pay any money, &c. for any office, &c. specified in or within the intent of said act, or this act, or for any deputation thereto, or for any part of

the

s. 4.

Persons corrupt

ly

soliciting, &c. guilty of a mis

for such offices,

demeanor.

the profits thereof, or for any appointment or nomination thereto, or resignation thereof, or for the consent or voice of any person to any such appointment, &c. every such person, and every person who shall wilfully and knowingly aid, abet, or assist such person therein, shall be deemed guilty of a misdemeanor. And by s. 4. if any person shall receive or take any money, &c. directly or indirectly, or take any promise, &c.. or by any way contract or agree to receive any money, &c. for any interest, solicitation, petition, request, recommendation, or negociation, made or to be made, or pretended to be made, or under any pretence of making or procuring to be made, any interest, &c. in or about any nomination, appointment, or deputation to, or resignation of any such office, &c. or under any pretence for using or having used any interest, &c. in or about any such nomination, &c, or for the obtaining or having obtained the consent or voice of any person to such nomination, &c.; and also if any person shall give or procure to be given any money, &c. or make or cause to be made any promise, &c. or by any way contract or agree to give or cause to be given any money, &c. for any solicitation, &c. made or to be made, that shall in any wise relate to any nomination, &c. to or of any such office, &c. or for the obtaining or having obtained, directly or indirectly, the consent or voice of any person to any such nomination, &c.; and also if any person shall for or in expectation of gain, fee, gratuity, loan of money, reward, or profit, solicit, recommend, or negociate for any person in any matter that shall in any wise concern any such nomination, &c. or for the obtaining, directly or indirectly, the consent or voice of any person to any such nomination, &c. every such person, and also every person who shall wilfully and knowingly aid, abet, or assist such person therein, shall be deemed guilty of a misdemeanor. By s. 5. if any person shall open or keep any house, room, office, or place for the soliciting, transacting, or negociating any business relating to vacancies in, houses, &c. for Persons keeping or the sale or purchase of, or appointment, nomination, the sale, c. of offices, guilty of or deputation to, or resignation, transfer, or exchange a misdemeanor.

of

s. 5.

« PreviousContinue »