« EelmineJätka »
Any distinctive Mark.
to wit} I Peace of
one of Her Majesty's Justices of the
above is the Description of the Recruit
and in my Presence all the foregoing Questions were put to the
CA P. X.
An Act to make certain Provisions for Proceedings in [8th May 1845.]
HEREAS divers Questions have been raised as to the Validity of certain Orders in Bastardy made by Justices under the Act of the last Session of Parliament, intituled An Act 7&8 Vict.c.101. for the further Amendment of the Laws relating to the Poor in England, which Questions are wholly beside the Merits of the Cases; and it is desirable to remove such Questions, and to prevent the Recurrence of the same or similar Questions in future:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parlia ment assembled, and by the Authority of the same, That where Proceedings in any Proceedings have been had or taken before the passing of this Bastardy ac Act, or shall hereafter be had or taken in Matters of Bastardy Forms in the under the Provisions of the said recited Act, and shall have been Schedule hereto set forth according to the Forms in the Schedule hereunto annexed, valid. or to the like Tenor or Effect, the same shall be taken respectively
to have been and to be valid and sufficient in Law; provided that nothing herein contained shall prevent any Court of General Quarter Sessions from proceeding to hear and determine the Merits of any Case brought before them on Appeal against any such Order, or apply to any Order heretofore made or professed to have been made under the said Act, which shall have been Peace, or in respect whereof any Writ of Certiorari shall have Appeal to any General or Quarter Session of the been sued out of the Court of Queen's Bench, and served before
cording to the
Form of Recognizance to be given by the putative Father.
to the Mode of Proceeding in Cases of Applications by Women who
the Twenty-sixth Day of February last, or in place whereof any other Order shall have been made.
II. And be it enacted, That when any Order made under the Provision of the said Act prior to the passing of this Act shall have been or shall be quashed for any Defect therein, and not upon the Merits, it shall be lawful for the Mother of the Bastard Child in whose Favour such Order shall have been made to take Proceedings for the obtaining of another Order, according to the Provisions of the said Act, at any Time within the Space of Six Calendar Months after the passing of this Act, although the Period limited for her Application to the Justice under the said Act shall have expired.
III. And whereas Power is given by the said Act to the pu'tative Father to appeal against an Order made upon him by the Justices in Petty Session assembled, giving Notice of Appeal as therein specified, and also sufficient Security, by Recognizance or otherwise, for the Payment of Costs, to the Satisfaction of some one Justice of the Peace;' be it enacted, That the Condition of any such Recognizance shall be for the Appearance of the said putative Father at such General Quarter Session of the Peace as is required by the said Act, and his Trial of the Appeal thereat, and the Payment of such Costs as he shall be then and there ordered to pay; and that in respect of any Order to be made after the passing of this Act, the Party entering into any such Recognizance shall forthwith give or send a Notice in Writing of his having so entered into such Recognizance to the Woman in whose Favour the said Order shall have been made, and unless he shall enter into the Recognizance before One of the Justices who shall have made the Order, to One at least of such Justices; and in default of his giving or sending such Notice or Notices as aforesaid the Appeal shall not be allowed; provided that the sending of such Notice or Notices by the Post shall be taken to be
IV. And whereas it is enacted by the said Act, that any single Woman who may be with Child may apply to a Justice of the Peace as therein described for a Summons to be served upon the Man alleged by her to be the Father of such Child, and that such Justice shall thereupon issue his Summons to such Man to appear at a Petty Session, as therein also set forth, and Power is given to such Woman, after the Birth of the Child, to apply to the Justices at such Petty Session for an Order upon the Person so alleged by her to be the Father of such Child; but Doubts are entertained as to the Time which shall be fixed by such Justice for the Appearance of the said Man so summoned at Petty Session, and it is desirable to remove the same:' Be it therefore enacted, That the said Justice to whom any Application shall be made by any such Woman being pregnant shall summon the Man to appear at some Petty Session at which he usually acts to be held on a Day after the Time when the said Mother shall expect the Child to be born, provided that if on such Day the Woman shall not have been delivered, or the Justices shall be satisfied that she has been delivered at so short a Period before such Day that she cannot appear at the said Session, it shall be lawful for the Justices thereat to adjourn the hearing of the said
Case until some other Day, and so from Time to Time until the Child shall have been born, and the Woman shall be able to attend at the said Session; and it shall be lawful for the Justices at their Petty Session to make an Order in respect of any such Application so made by such Woman so pregnant to a Justice as aforesaid, if she apply at such Petty Session within the Space of Two Calendar Months from the Birth of the Child, although more than Forty Days shall have elapsed from the Time when the Summons was served upon the alleged Father, or was left at kis last Place of Abode.
V. And be it enacted, That if at any Time before the hearing of the Appeal the putative Father who shall have entered into any such Recognizance shall give Notice in Writing of his Aban donment of the Appeal, to the Mother of the Child in whose Favour the Order shall have been made, and to the Justice or Justices before whom the said Recognizance shall have been taken, and shall pay or tender to the said Mother all Sums then due under the said Order, and such Costs and Expences as she shall have incurred by reason of such Notice of Appeal, the said Recognizance so entered into by the said putative Father shall not be estreated, nor in any manner put in force or otherwise pro
Putative Father may abandon his Appeal, and his Recognizance shall not
Child to be
examined by the Court of
tardy; but ne
VI. And whereas by the said recited Act it is enacted, that The Mother of where any Woman shall apply to the Justices at a Petty Session the Bastard for an Order upon the Person whom she shall allege to be the Father of her Bastard Child, such Justices shall hear the Evidence of such Woman, and such other Evidence as she may Quarter Ses produce, and shall also hear any Evidence tendered by or on sions on Appeal behalf of the Person alleged to be the Father, and if the Evidence against the of the said Mother be corroborated in some material Particular Order in Basby other Testimony to the Satisfaction of the said Justices, they Order to be may make such Order as is therein set forth: And whereas confirmed unPower is thereby given to the putative Father to appeal to the less her EviGeneral Quarter Sessions of the Peace against such Order, but dence is corroit is not therein set forth what Evidence the said General borated. Quarter Sessions shall or may hear on the Trial of such Appeal, and Doubts have been raised as to whether the said Mother can be heard by the said Court of Quarter Sessions ;' be it therefore enacted, That on the Trial of any such Appeal before any Court of Quarter Sessions the Justices therein assembled, or the ReMother, and such other Evidence as she may produce, and any corder, (as the Case may be,) shall hear the Evidence of the said Evidence tendered on behalf of the Appellant, and proceed to hear Law, but shall not confirm the Order so appealed against unless and determine the said Appeal in other respects according to the Evidence of the said Mother shall have been corroborated in Bome material Particular by other Testimony, to the Satisfaction of the said Justices in Quarter Session assembled, or the said
VII. And be it enacted, That it shall be lawful for any Woman Parties may be who shall apply to the Justices at any Petty Session for any such heard at the Order as aforesaid to be assisted in her Application by Counsel or Petty Session appear at any such Petty Session as the alleged putative Father 6&7 W.4.c.114. Attorney, and for any Person summoned under the said Act to by Counsel or
Default of suf
within the Jurisdiction of the Justices to warrant the Commitment to Prison.
to appear and make his Answer thereto by Counsel or Attorney; and it shall be lawful for either of such Parties to have all Witnesses examined and cross-examined by such Counsel Attorney. VIII. And whereas it is provided in the said first-recited Act, ficient Distress that if Default be made by the putative Father in payment of the Sums ordered to be paid to the Mother of a Bastard Child, any Justice may by Warrant cause such putative Father to be brought before any Two Justices; and it is further provided, that such Two Justices may by Warrant direct the Sum ap'pearing to be due under any such Order, and the Costs, to be recovered by Distress and Sale of the Goods and Chattels of such 'putative Father; and if upon the Return of such Warrant, or if, by the Admission of such putative Father, it appears that no sufficient Distress can be had, then any such Two Justices may cause such putative Father to be committed to Prison: And 'whereas Doubts have been entertained whether such Power of • Committal exists where it is shown that the putative Father has 'Goods and Chattels whereon a Distress might be levied, but the same are not within the Jurisdiction of such Justices;' be it therefore declared and enacted, That the said Justices are and shall be empowered to commit any such putative Father to Prison, according to the Provisions of the said Act, if it appear on the Return of such Distress Warrant, or on the Admission of the putative Father, that no sufficient Distress can be had on any Goods and Chattels within the Jurisdiction of the Justices before whom he shall have been brought on such Warrant of Apprehension.
5 G. 4. c. 18.
Magistrates of Police Courts may act alone in Cases of Bastardy.
IX. And be it declared and enacted, That any One Magistrate of the Police Courts of the Metropolis, sitting at a Police Court within the Metropolitan Police District, has and shall have full Power to issue Summonses for the Appearance of Parties and Witnesses before such Police Court, and to do alone any other Thing in any Matter of Bastardy arising under the said Act, within those Parts of the said District for which a Police Court has been or shall be established, which may be done by any Justices at a Petty Session holden for their several Petty Sessional Divisions in any such Matter arising within their Divisions respectively, and that the Sitting of such Magistrate at such Police Court shall be within all the Provisions of the said Act and of this Act concerning a Petty Session of Justices.
X. And be it enacted, That the Term "Petty Sessional Division" in the said Act and this Act shall be taken to include any Division of a County, Riding, or Division having a separate Commission of the Peace in which One or more Petty Sessions have been or shall be usually held, or any Division for the holding of Special Sessions formed or to be formed under the Provisions of the Act of the Ninth Year of the Reign of His late Majesty King George the Fourth, intituled An Act for the better Regulation of Divisions in the several Counties of England and Wales, or of the Act of the Sixth Year of the Reign of His late Majesty amending the same; and that where there are Two or more Petty Sessions usually held in any such Division, or where any Justice acts for Two or more of such Divisions, he shall require the Party whom he shall summon under the Authority of
the said first-recited Act to appear at the Petty Session to be held
in any such Division as he shall deem fit.
XI. And be it enacted, That in the said first-recited Act and in Interpretation this Act the Word "Recorder" shall be taken to apply to any of the Word Person who shall preside as the Judge at any Court of General
or Quarter Session held for any City, Borough, Liberty, or other Place of limited Jurisdiction.
XII. And be it enacted, That this Act may be amended or Alteration of repealed by any Act to be passed in this Session of Parliament.
the Child with which she is now pregnant, and maketh Application for a Summons to be served upon the said
alleged by her to be the Father of the said Child, to appear at a Petty Session to be holden after the Birth of such Child for the Petty Sessional Division (^)
which I usually act, to answer such Complaint as she shall then and there make touching the Premises.
Exhibited and sworn before me, the Day
and Year first above written.
() or City, Borough, or other Place
(b) or Affirmation
Form of Summons on Application by Woman with Child.
in the County of
of the Parish of
WHEREAS an Application hath been made to me, the undersigned, One of Her Majesty's Justices of the Peace for the (2) County of , single Woman, residing at in the (a) Petty Sessional Division of the said County for which I act, now with Child, of which Child she hath this Day duly sworn on Oath (b) before me the said Justice that you are the Father, for a Summons to be served on you to appear at a Petty Session, according to the Form of the Statute in such Case made and provided.
(*) or City, Borough, or other Place
() or affirmed