borough, or the local precincts thereof, against the provisions of any local act of parliament, are made cognizable by justices of the borough, who are invested with all the powers respecting such offences which the county justices theretofore possessed under the local act, and may imprison under the same in any gaol to which they may commit offenders (b).

Cinque Ports.]-Justices acting in the cinque ports, under commissions granted by virtue of 51 G. III. c. 36, may exercise all the powers of justices in counties relating to granting licences to victuallers (c). Their ancient jurisdiction, as enjoyed before 5 & 6 W. IV. c. 76, is preserved to them by that act (d).

(b) 7 W. IV. & 1 V. c. 78, s. 31. (c) 6 & 7 W. IV. c. 105, s. 11.

(d) 5 & 6 W. IV. c. 76, s. 135, 136.

CHAPTER XV.

OF OTHER MATTERS WITHIN THE JURISDICTION OF
QUARTER SESSIONS.

BASTARDY AND ORDERS OF FILIATION.

Jurisdiction of Quarter Sessions before 14th August, 1834, and down to 26th August, 1839.]-Formerly, justices in quarter sessions had original as well as appellate jurisdiction in bastardy: original, (now abolished, 2 & 3 Vict. c. 85, s. 1,) to make (a) orders on putative fathers for support of their bastards (viz. orders of filiation); and appellate, to quash or confirm similar orders made in petty sessions (b), and brought up on appeal (c). After exercising this appellate power by quashing such an order, they might revert to their original power by making a new one on another person (d). The usual mode, however, of affiliating a bastard was by applying to two justices for an order for

(a) By 3 C. II. c. 4, s. 15, the general rule in absence of enactment is, that where two justices are empowered to do any act, the sessions may do it in all cases except where an appeal to them is directed by statute; per Holt, C. J., in R. v. Boughton (Inh.), Ld. Ray. 426.

(b) See 18 El. c. 3; 49 G. III. c. 68, s. 5, and s. 7.

(c) Hatton's case, Salk. 477. (d) Barrel's case, 1 Mod. 20; Pridgeon's case, 1 Bulst. 255; R. v. Smith, 2 id. 340.

its maintenance under 18 El. c. 3, s. 2, which avoided the expense and scandal of going to the quarter sessions in the first instance.

In this state the law remained till by 4 & 5 W. IV. c. 76, which came into force 14th August, 1834, the quarter sessions was declared to be the only tribunal competent to make an order on the putative father of a bastard for its support, if born after that day (e). The same act (ƒ) repealed for the most part the bastardy laws then in operation; avoided (g) all securities already given, under 49 G. III. c. 68, &c., for indemnifying parishes against children likely to be born bastards: and in the working of its other provisions, as to notice, &c. made the means of procuring support for bastards from their fathers limited, hazardous, and costly.

These enactments occasioned no perceptible diminution in the births of illegitimate children, but taught effrontery to unhackneyed offenders,

(e) Sect 72. The old laws as to bastards born before this date are preserved in Burn's Justice, 26th edit. tit. Bastard.

(f) 4 & 5 W. IV. c. 76, s. 69, "From and after the passing of this act [14 August, 1834] so much of any act or acts of parliament as enables any single woman to charge any person with having gotten her with any child of which she shall then be pregnant, or as renders any person so charged liable to be apprehended, or committed or required to give security on any such charge, or as enables the mother of any bastard child or children to charge or affiliate any such child or children on any person, as the reputed or putative father thereof; [or, as enables any overseer or guardian to charge or make complaint against any person, as such reputed or putative father, and to require him to be charged with, or contribute to the expenses attending the birth, sustentation, or maintenance of any such child or children; (quære, if 18 El. c. 3, &c. are revived since the repeal of 4 & 5 W. IV. c. 76, quoad hoc, by 2 & 3 V. c. 85;)] or, to be imprisoned or otherwise punished for not contributing thereto; or, as in any way renders such reputed or putative father liable to punishment or contribution as such; or, as enables churchwardens and overseers, by the order of any two jus tices of the peace, confirmed by the sessions, to take, seize, and dispose of the goods and chattels, or to receive the annual rents or profits of the lands, of any putative father of bastard children; and so much of any such act or

acts as renders an unmarried woman with child liable, as such, to be summoned, examined, or removed; or, as renders the mother of any bastard liable, as such, to be imprisoned or otherwise punished; shall, so far as respects any child which shall be likely to be born, or shall be born a bastard after the passing of this act, or the mother or putative father of such child, be, and the same was thereby repealed."

(g) By 4 & 5 W. IV. c. 76, s. 70, "Every security given, or recognizance entered into by any person or persons, or his or their surety, before the passing of this act [14th August, 1834], to indemnify any parish or place as to any child or children likely to be born a bastard or bastards, whereof any single woman shall be pregnant at the time of the passing of this act, or to abide and perform such order or orders as might have been made touching such child or children, pursuant to 18 El. c. 3, concerning bastards begotten and born out of lawful matrimony, shall be, and the same are hereby declared null and void; and every person who shall, at the time of the passing of this act, be in custody upon the commitment of any justice or justices, for not having given such security orentered into such recognizance, shall be discharged (upon the application of such person) by any one of the visiting justices of the gaol in which such person shall be in custody under such conviction." See Laing or Lang v. Spencer, T. & Gr. 358; 3 C. M. & R. 129, S. C.; post, p. 1025.

and secured impunity to profligates of the stronger sex, at the expense of their female victims and the parochial purse. Yet it was not till 1839 that the legislature retraced its steps, and re-enacted the provisions of the reign of Elizabeth, by making petty sessions the only tribunal for obtaining orders of filiation (h); still requiring corroboration of the woman's testimony, a modern improvement which we shall presently notice.

The act of 2 & 3 V. proved ineffectual to compel the maintenance of bastards by their fathers for several reasons, but principally because guardians or overseers were the only parties who were authorized to take the necessary steps to obtain an order of filiation or to receive the weekly payments under it; while the enactments for recovering their expenses were inadequate to that object.

Present mode of obtaining Orders of Filiation by Women.]Accordingly, by 7 & 8 V. c. 101, s. 1, all powers for obtaining or making an order on any putative father for maintenance of a bastard child were made to cease on 9th Aug. 1844. And by s. 2 it was enacted, that any single woman who may be with child, or who may be delivered of a bastard child after 9th Aug. 1844, or who had been delivered of a bastard child within the period of six calendar months before that date, may, either before the birth, or at any time within twelve months from the birth of such child (i), or at any time thereafter, upon proof that the man alleged to be the father of the child has, within the twelve months next after the birth of such child, paid money for its maintenance, make application to any one justice of the peace acting for the petty sessional division (k) of the county, or for the city, borough or place in which she may reside, for a summons to be served on the man alleged by her to be the father of such child.

By the same section, if such application be made before the birth of the child, the woman shall make a deposition upon oath stating who is the father of such child, and such justice of the peace shall thereupon issue his summons to the person alleged to be the father of such child (1), to appear at a petty session to be holden after the expiration of six days at least

(h) 2 & 3 V. c. 85, s. 1.

(i) Lunar months, semble including the day of the birth or the day of the petty sessions. See R. v. Heath, 5 Ad. & E. 343.

(k) By 8 V. c. 10, s. 10, these words 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 9 G. IV. c. 43, or 6 & 7 W. IV. c. 12: and 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, &c. to appear at the petty session to be held in any such division as he shall deem fit.

(1) Quære, as to power of justices to summon other witnesses? See p. 1019.

for the petty sessional division, city, borough, or other place in which such justice usually acts.

By 8 V. c. 10. s. 4, 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, though more than forty days shall have elapsed from the time when the summons was served on the alleged father, or was left at his last place of abode (1).

Justices in Petty Session may make an Order on the putative Father for Maintenance and Costs, and enforce the same by Distress and Commitment.]-After the birth of such bastard child, on the appearance of the person so summoned, or on proof that the summons was duly (m) served on such person (n), or left at his last place of abode six days at least before the petty session, the justices in such petty session (o) shall hear the evidence of such woman, and such other evidence as she may produce, and shall also hear any evidence tendered by or on behalf of the person alleged to be the father (p); and if the

(7) And see a provision, 8 V. c. 10, s. 2, post, expiring 8 Nov. 1845.

(m) R. v. Croke, Cowp. 26. The putative father's appearance at the petty sessions will not render proof of the notice on that occasion unnecessary, or cure a defect in it, R. v. Carnarvonshire (Justices), 5 N. & M. 364, Trin. 1835; formerly his actual appearance sufficed, R. v. Cotton, 1 Sess. Cas. 179; 49 G. III. c. 68, s. 7. If the summons is good in itself, and has been served in due time on the party, the petty sessions must proceed to hear the application, whether the man appears or not in person, or by counsel or attorney. See 4

& 5 W. IV. c. 76, s. 74; R. v. Upton Grey, Caldecot, 308.

(n) See s. 4, post, as to adjourning the hearing.

(0) Or one magistrate in a metropolitan police court, 8 V. c. 10, s. 9.

(p) And previous proceedings by guardians, &c. under 2 & 3 V. c. 85, which have not eventuated in any order of petty or quarter sessions, do not deprive the mother of her right to apply to petty sessions under this act, Reg. v. Walker and others (Justices), 14 L. J. (M. C.) 120. Mandamus issued to compel defendants to hear evidence.