with paid, or good cause shewn for non-payment, the said justice may commit such reputed father or mother to the house of correction or common gaol for three months to hard labour, unless the demand be sooner paid. s. 3.

A child dead-born is not within the provision of the statutes relating to bastards, and consequently no order of filiation for the payment of expenses incurred can be made. 14 E. R. 277.

The order of filiation, to be valid, must state the authority of the justices, the examination of the woman on oath, the name (if it has one) and sex of the child, that it was born in the parish for whose relief the order is made, that it is, or is likely to become chargeable,-must adjudge the party to be the reputed father, and specify the sum to be paid weekly, or otherwise, and should restrict the maintenance to the time the child is chargeable.

An appeal lies to the quarter sessions against any order, under 49 Geo. III. c. 68. not originating with the quarter sessions, on giving ten days clear notice before such sessions, to the justices making the order, and to the parish officers on whose behalf the order was made, of the cause and matter of such appeal; and the appellant entering into recognizance within three days after such notice before some justice of the peace to try such appeal, the decision of the sessions shall be final, binding, and conclusive on all parties. 49 Geo. III,

s. 6,7. But an appeal lies from the quarter sessions to the King's Bench against an order of filiation; and the respondents are to begin by supporting their order. 12 East. 50.

If the parish officers take a bond to indemnify the parish, they can recover, by action of debt, such sum as they have expended in the maintenance of the child, and no more; and the reputed father on payment of the penalty in the bond, is released from the future maintenance of the child, the parties having by this proceeding ascertained the damage by consent; 2 Black. Rep. 1190. and the parish officers can recover on the bond, notwithstanding no justice's order of maintenance had been made for the child;-but the father may, if he pleases, maintain the child, and the parish cannot require him to pay while it is in his own keeping. Rex v. Cornforth, 1 Bott. 459.

In no case can parish officers legally take a sum in gross, to indemnify the parish against a bastard child; Cole and another v. Gower and another, Hil. Term, 45 Geo. III. and in the event of the child's death, an action will lie against the officers to recover back so much of the money as hath not been reasonably expended.

By 35 Geo. III. c. 101. s. 6. Every unmarried woman with child, shall be taken to be actually chargeable to the parish in which she shall inhabit, and may be removed as such to her last legal settlement; and in case any order of removal ob

tained for such purpose shall be suspended, and during such suspension the woman shall be delivered of a child, which would be a bastard, every such bastard shall be deemed to be settled in the same parish in which was the legal settlement of the mother at the time of the delivery; and bastards living with their mother for nurture (being under seven years of age) are to be maintained by the parish to which they belong. 1 Bott. 406. pl. 532.

Examination of the Mother before Birth.

to wit. The voluntary examination of M. B. of &c. in the said county, single woman, taken on oath before me, one of His Majesty's justices of the peace in and for the said county, this day of in the year of our Lord 1817, who saith, that she is now with child, and that the said child is likely to be born a bastard, and to be chargeable to the parish of in the said county, and that C. D. of &c. in the said county, is the father of the said child. M. B.. Taken and sworn the day and year above written, before me,

this

J. C.

saith, That on the

The like after Birth.

to wit. The examination of M. B. of &c. in the said county, single woman, taken on oath before me, one of His Majesty's justices of the peace in and for the said county, day of in the year of our Lord 1817, who now last past, at past, at in the parish of in the county aforesaid, she was delivered of a male [or female] bastard child, and that the said bastard child is likely to become chargeable to the said parish, and that C. D. of &c. in the said county, [labourer], did get her with child of the said bastard child. M. B.

Taken and sworn the day and year above written, before me,

J. C.

Warrant against the Father, before Birth.

To the Constable of, in the county of—.

to wit. Whereas M. B. of &c. in the said county, single woman, hath, by her voluntary examination, taken in writing upon oath, before me, one of His Majesty's justices of the peace in and for the said county, this present day, declared herself to be with child, and that the said child is likely to be born a bastard, and to be chargeable to the parish of in the said county, and that C. D. of &c. in the said county, [labourer], is the father of the said child. And whereas E. F. one of the overseers of the poor of the parish of aforesaid, in order to indemnify the said parish in the premises, hath applied to me to issue out my warrant for the apprehending the said C. D. I do therefore hereby command you to apprehend the said C. D. and to bring him before me, or some other of His Majesty's justices of the peace for the said county, to find security to indemnify the said parish, or else to enter into a recognizance with sufficient surety, upon condition thereunto annexed, in pursuance of the statute in that case made and provided. Given under my hand and seal, this year of our Lord 1817.

day of

Warrant against the Father, after Birth.

To the Constable of

in the county of

in the

to wit. Whereas M. B. of &c. in the said county, single woman, hath, by her examination taken in writing upon oath before me, one of His Majesty's justices of the peace in and for the said county, declared, that on the

day of

now last past, at, in the parish of in the county aforesaid, she was delivered of a male [or female] bastard child, and that the said bastard child is (likely to) become chargeable to the said parish, and hath charged Č. D. of &c. in the said county, [labourer], with having gotten her with child of the said bastard child.

And whereas E. F. one of the overseers of the poor of the parish of aforesaid, in order to indemnify the said parish

in the premises, hath applied to me to issue out my warrant for the apprehending of the said C. D. I do therefore hereby command you immediately to apprehend the said C. D. and to bring him before me, or some other of His Majesty's justices of the peace for the said county, to find security to indemnify the said parish, or else to find sufficient surety for his appearance at the next general [or general quarter] sessions of the peace, to be holden for the said county, then and there to abide and perform such order or orders as shall be made, in pursuance of the statutes in that case made and provided. Given under my hand and seal, the day of, in the year of our Lord 1817.

Recognizance before Birth,

By 49 Geo. III. c. 68.

to wit. Be it remembered, That on the

day of

in the 57th year of the reign of our sovereign Lord George III. of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith, and so forth, A. B. of &c. in the county aforesaid, [smith], and C. D. of &c. in the said county, [labourer ], personally came before me, J. C. Esq. one of the justices of our said Lord the King, assigned to keep the peace within the county aforesaid, and acknowledged themselves to owe to our said Lord the King, that is to say, the said A. B. the sum of £. and the said C. D. the sum of

£. severally, of good and lawful money of Great Britain, to be made and levied of their goods and chattels, lands and tenements respectively, to the use of our said Lord the King, his heirs and successors, if he the said A. B. shall make default in the condition hereunder-mentioned.

WHEREAS E. F. of &c. in the parish of in the county aforesaid, single woman, hath in and by her voluntary examination, taken in writing, and upon oath, before W. S. Esq. one of his Majesty's justices of the peace in and for the said county, declared, that she is with child, and that the said child is likely to be born a bastard, and to be chargeable to the said parish of and that the abovebounden A. B. is the father of the said child. The CONDITION of this recognizance is such, that if the above-bounden