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PARENT AND CHILD.

THE mutual duties of parent and child are dictated by nature, are sanctioned and partly enforced by law; but a broad distinction is made by the latter between legitimate and illegitimate, or bastard children. The principal object in marriage, regarding it as a civil contract, is to point out plainly who are the parties responsible for the maintenance of children, and to show by whom their obedience and other duties can be claimed.

In England, no child is legitimate that is not born during the lawful wedlock of its parents, whilst they cohabit together, or within a competent time after the absence or decease of the husband.

In Scotland another, and less strict rule, derived from the civil law, applies to illicit children, who may at any time be rendered legitimate by the marriage of their parents; thus lessening considerably the penalties which should follow a life of shame-reducing the necessity for a speedy reparation on the part of a seducer, and placing it in the power of persons who have offended against morality to say whether or not their offspring shall enjoy full rights of citizenship. Bastards cannot inherit anything, not even a name, although they may acquire one by reputation. They are in contemplation of law the children of no one; thus they cannot be called upon to support their putative parents. The parish in which they are born is their place of settlement; legitimate children having that of their father wherein to seek relief upon occasion. The mother of a bastard is entitled to its custody, in preference to the reputed father, however capable or desirous he may be of keeping it, and she is bound to maintain it until it is sixteen years old, or if a

female, until married. She may, however, call upon justices of the peace to order the putative father to pay a sum of money towards its keep until it is sixteen years of age, upon giving sufficient proof that it is his child; but this application must be made within a year after the birth of the infant, unless the person sought to be charged has by some payment of money acknowledged his paternity. This rule is framed to prevent false charges being made at a time when, on account of the period that had elapsed, it would be difficult or impossible to refute them. In all other respects, illegitimate children have now the full natural rights of British subjects, and may be made legitimate, by Act of Parliament, but the benefits of many of our charitable and other institutions are denied (whether justly or unjustly I will not say) to children who cannot produce a certificate of the marriage of their parents.

Judicial proceedings may now be taken for substantiating legitimacy. It is enacted by the 21 & 22 Vict. c. 93, "That any natural-born subject of the Queen, or any person, whose right to be deemed a natural-born subject, depends wholly or in part upon his legitimacy, or on the validity of a marriage, being domiciled in England or Ireland, or claiming any real or personal estate situated in England, may apply to the Court for Divorce and Matrimonial Causes, praying the court for a decree declaring that the petitioner is the legitimate child of his parents, and that the marriage of his father and mother, grandfather and grandmother, was a valid marriage, or for a decree declaring any of the matters aforesaid."

Parents are bound to maintain, protect, and educate their legitimate offspring, and these must obey and serve their parents, and in turn provide for them when incapacitated by age or sickness from earning a subsistence for themselves. This is but a natural return for the love and protection which have been bestowed during the helplessness of infancy, and the inexperience of youth. The conduct of parents towards their children, and of children towards their parents, supplies no excep

tion to their legal obligations. It would be detrimental in the highest degree to the interests of society were parents permitted to refuse to support those to whom they had given life, or to cherish one child and wholly neglect another; or if children were allowed to decide whether or not their parents were worthy of their support in after years. The good and the bad, the dutiful and the undutiful, are alike entitled to necessary maintenance and protection, but no more. No one is required by law, however ample his means may be, to minister to the idleness and vice, or even the luxury of another; bare sustenance, such as will relieve the public from being made chargeable with the support of the indigent or helpless person, is all that the law commands -all else is left for affection to dictate and gratitude to provide. It is undoubtedly true that, where the least legislative interference is made with the natural law, there will be found the highest scale of mutual confidence and happiness in all the relations of life.

The father of a legitimate child of either sex, and if he be dead, its mother-is entitled to its custody as its natural guardian. The father may allow his children to live apart from him if he pleases, but he may demand their restoration at any time until they are fourteen years old. Thus, the father of an infant agreed to let it live with its uncle, who was to maintain and educate it until it was able to provide for itself; and the father promised not to take it away, and to pay a certain weekly sum for its support. This agreement was acted upon for some time, but when the father required his child to be sent home, it was held that, notwithstanding the agreement, he was at liberty to revoke his consent to the child's living with its uncle. This rule applies to children born abroad of a mother who is a foreigner. The father (if a British subject) is entitled to their custody. Thus, in the year 1836, H., a British subject, married E., a native of France, and the parties resided in Paris. There were five children of the marriage, all born in France. In 1853 the husband and wife separated, and the former came to reside in England. The wife

continued in France, and retained two of the children, against the wishes of the husband; and in 1853 she instituted a suit for divorce. In November, 1853, a bill in Chancery was filed, in the name of the infant children, against the father and mother, to have the children made wards of court. A motion was made that the mother might be ordered to deliver up the two children to the custody of the father; and it was held by the Court of Appeal that such an order could be made, notwithstanding that the children were born abroad, and that they and their mother were resident abroad; and it was ordered accordingly. But where the children were natural-born subjects, and their father a foreigner, he was restrained from removing them out of the jurisdiction of the Court of Chancery.

The father or mother may forfeit their right to the custody of their children by bad conduct. Thus, when a father or widowed mother beats his or her child or children cruelly, or is in the habit of indulging in continual intoxication, or is guilty of grossly immoral conduct, the Court of Chancery will interfere and remove the offspring, appoint a guardian for them, and compel the offending parent to make a proper allowance for their support. But this is only done when the child has property.

*

Such are the general rules relating to the rights and obligations of parents and children. I will now proceed. to mention in detail their mutual duties, classing them under the three heads before mentioned, viz.-maintenance, protection, and education. I must be understood, in using the word "parent," to mean either the father himself, or the mother having the legal charge of the children after his decease.

1. MAINTENANCE.-By a statute passed in the fortythird year of the reign of Queen Elizabeth, the father and mother, grandfather and grandmother, and the children of every poor, old, blind, lame, and impotent person, or other poor person not able to work, being of

*See Chap. II., Guardian and Ward.

sufficient ability, must at their own charges relieve and maintain such person in such manner, and at such a rate as two or more justices of the peace shall direct, under a penalty of twenty shillings for every month in which he or she shall fail to do so; which penalty may be recovered by a distress or seizure of the goods and chattels of the defaulters, and if a sufficient sum cannot be so raised, the persons liable may be imprisoned for three months, unless such penalty and all the necessary costs and charges of proceedings to enforce it, be sooner paid. The sum recovered is handed over to the parish or union in which the offence of neglecting those mentioned in the Act is committed. By subsequent statutes all parochial relief given to a wife on account of her children, under the age of sixteen, not being blind, or lame, or dumb, is considered as given to the husband, and he is responsible for it. In like manner, a widow is held liable for relief given on account of her children, but this does not affect the right to proceed against other relatives.

If a man marries a woman who has bastard children, he is bound to support them until they are sixteen years old, or until their mother dies; for her liabilities and rights attach to him. He is not, however, obliged to maintain her legitimate offspring by a former husband. Every person who is able wholly or in part to provide for his or her family by work or other means, and wilfully refuses or neglects to do so, thereby rendering them chargeable to the parish, is deemed "an idle and disorderly person," and liable to imprisonment, with hard labour, for one calendar month, and every person running away and leaving his or her children so chargeable, is deemed a "rogue and a vagabond," and liable to imprisonment, with hard labour, for three calendar months. Moreover, if such persons shall leave property in the parish thus burdened, so much as is required for the support of the deserted family, or as can be got towards easing the charge imposed upon the poor rates, may be seized and applied towards their maintenance. The word "family," however, only applies to the relatives

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