2 Bulft. 348, 349. Juftices may inflict a corporal Punish

ment. Cafes of Baftardy.

Limits, &c. fuch Justice, &c. is authorised and required to fummon the Overseers of the Poor, or such substantial Householder, to appear before him at a Time and Place mentioned in the Summons, to fhew Caufe why fuch Person should not be discharged; and if no Order shall appear to have been made pursuant to the A& 18 Eliz. within fix Weeks after fuch Woman fhall have been delivered, fuch Juftice fhall discharge him from his Imprisonment.

54. Provided, that it fhall not be lawful for any Juftice to fend for any Woman before the fhall be delivered, and one Month after, in order to be examined concerning her Pregnancy, or to compel her to answer any Questions.

55. I fhall add a few Cafes relating to Bastardy, and fo conclude this Head. The two Juftices may inflict a corporal Punishment upon the reputed Father, by Virtue of Stat. 18 El. cap. 3. but this is very rarely done, unless he is fo very poor as not to be able to indemnify the Parish. It has even been held that he is not punishable by this Statute, unless the Child is chargeable to the Parish. Comber. 434. If the Father of a Bastard dies poor, the Mother muft provide for the Child, if able; and if an Harlot will take the Child whereof the is delivered, and fuffer it to lie abroad, whereby Vermine destroy it, this is Murder. 18 Eliz. c. 3. 2 Bulft. 250. 21 Jac. 1. c. 27. Crompton 24. 7 Jac. 1. c. 6.

56. A Motion was made at the Quarter Seffions to quafh an Order made, that one fhould keep his reputed Child, because he had kept him heretofore; but it not appearing by the Order either that he was his Baftard, or his lawfully begotten Child, the Order was quafhed. Style 154. If by Practice and Defign a Child be born in a Parish, the Parish where the Practice was, fhall keep the Child. 2 Bulft. 341. An Order for keeping a Baftard Child was quashed, because the Order did not direct how long the Party fhould keep the Child. Mich. 24 Car. 1. B. R. Style 154. An Order of Baftardy, not faid in the Order, the Defendant was fummoned, or had Notice, or was heard. Curia: Not requifite, where the Order is made by two Juftices; otherwife, had it been originally made at the Seffions. So an Order for paying fo much weekly to a Parish towards keeping of a Baftard Child was quafhed, because it did not appear by the Order, that the Child was born in that Parish to which the Money was to be paid. Style 368.

57. A. was ordered by two Juftices to pay 87. towards keeping a Baftard Child, but had no Notice of the Order 'till the Time given him by the Statute to appeal to the Seffions was paft: The Court made a Rule, that the next Seffions in Middlefex (where the Matter was) fhould hear the Matter, and make an Order for the Charge or Difcharge of A. and that

fhould

fhould be final. Pafch. 19 Car. 2. B. R. 1 Sid. 326. King cont. Hill. An Order made without Complaint of the Parish Officers is not good. Blackerby's Cafes 44. But it was otherwife held in B. R. by Lord Hardwicke, Ch. Juft. and the Court. Hill. 9 G. 2. Rex v. Jenkins. Two Juftices cannot order the reputed Father to give Security for the Performance of their Order, before he hath made Default of obeying that Order. Blackerby's Cafes 45.

58. If a Woman conceal the Death of her Baftard, and do not prove by one Witness that it was ftill-born, it is Murder. 21 Jac. 1. c. 27.

59. Order was, Whereas a certain Woman was brought to Bed of a Female Baftard Child in N. and after dropped in S. Cur. You muft either name her, or fay a Perfon unknown; and it was quafhed. In an Order of Bastardy not faid, one of the Juftices was of the Quorum, quashed. Queen and Knott, and Queen and Cotton, Pafch. 1712.

60. If the Officers are carrying a Perfon by Order of Removal, and the be delivered on the Road in tranfitu, the Baftard fhall go with the Mother whither fhe was going; and if there be an Order made, and before that Order can be served, the Bastard is born, it gains no Settlement, but shall be sent with the Mother. Pafch. 1711.

61. The reputed Grandfather of a Baftard Child is not to be charged, as in Cafe of a legitimate Child. Black. 59. A Baftard was born in one Parish, but taken and kept by the reputed Father in another, and after 20 Years he dies, it is to be kept by the Mother, if able. 2 Bulft. 250, 293. Black. 52.

62. The two Juftices cannot make an Order upon the Woman's Complaint only. Blac. 63. Cont. per Hardwicke, C. J. fupra, 9.57. Where Quarter-Seffions firft make an Order in Baftardy, and afterwards the two Juftices make one, it is a Nullity. Blac. 51, 52. If the two Juftices make not a Provifion for the Baftard, the Seffions muft fettle it as the two

Juftices ought to have done it. Jones 330. An Order to pay fuch Charge as the Parish had been at, and did not fay, that the Child was likely to be chargeable, and yet held good. 1 Vent. 37. Seffions may order a Payment notwithstanding the Child's Death.

63. A Man being adjudged the putative Father by Juftices of Peace at the Seffions, which is by Authority of the Statute Law, it cannot be impeached in the Spiritual Court, or else. where. Cro. fac. 625. 2 Sid. 29. 1 Vent. 59. Keb. 546.

64. The two firft and next Juftices have no Power to commit any one for not performing their Order, but they are to bind him over to appear at the next Quarter-Seffions, and may commit for Want of Sureties. 2 Bulft. 341. Hammond's Cafe." The Recognifance taken, ought to be in the Disjunc

tive, viz. to perform the Order by them made, or to appear at the next Quarter-Seffions, and to abide the Order there. z Bulft. 341, 342.

65. The Parish where a Bastard is born, whofe Father cannot be found, muft maintain it. A poor Infant is to be main'tained by the Parish where born, unless they can find that it has another Settlement. Hamlet of Spittlefields v. Parish of St. Andrew, Holbourn, 1 Ld. Raym. 567. The bare Confpiring to charge one with the Keeping of a Baftard Child, though the Woman be not with Child, nor there be no Child really, but only a Contrivance to defame the Perfon, and cheat him of his Money, is a Crime of a very heinous Nature, and indictable. 1 Vent. 304. Rex v. Armstrong. 1 Levinz 62. Rex

v. Kimberty.

66. A Baftard Child is generally to be fettled where it is born; but if it be born in a Parish to which the Mother is removed by an Order that is illegal, it will gain no Settlement there. Salk. 121. Weftbury and Cofton Parishes 532. Wood's Cafe, Salk. 532. Carth. 349. S. C. On Motion to quash an Order of two Juftices to remove a Woman and her Baftard Child from A to B. whereas it appeared by the Order that the Child was born at C. By Holt, Chief Juftice, the Bastard must be kept where born. Trin. con. 10 W. 3. B. R. Inhab. St. Nicholas and Killington Parish, 2 Salk. 485. A fingle Woman was removed from D. to S. by two Juftices, thence by two Juftices to B. fhe voluntarily returned to D. and there bore a Baftard Child. 'Twas faid fhe came to fettle contrary to Law. Per Holt Chief Juftice, they should ftate the Fact, not the Law; if any Fraud appear in conveying a Woman to bear a Child, it may be fent back with its Mother to her last legal Settlement. Comb. 285.

Rex v.

67. An Order of Baftardy under the Hands of more than two Juftices is good (if one of them be of the Quorum) for the Statute is not reftrictive to two, but there must be two at the leaft. Hatton's Cafe, Salk. 477. From an Order of Bastardy the Appeal must be to the next General Seffions. Shaw, Salk. 482. but fee §. 46. And Orders relating to Baftard Children cannot be quafhed, except the reputed Father be present in Court. Rex v. Matthews, 2 Salk. 475. See above, $49. where there is an Order by two Juftices, and the Seffions order a Reference; refolved, the Reference by the Jufices at the Seffions, before they had allowed or difallowed the first Order, was illegal. By an Order of two Justices of the Peace, that the Defendant Barebaker should pay a certain Sum of Money weekly, till the Baftard Child should attain the Age of 14 Years, it was held by the Court that the Order was naught, because the Juftices have no Power but to fave and indemnify the Parish, and that is only to oblige the De

fendant

fendant, Barebaker, to maintain the Child as long as it is, or Cafes of Bamay be chargeable to the Parish. The King cont. Barebaker in stardy. B. R. Salk. 121. S. C.

68. If the Husband be out of the four Seas, during the whole Time of the Wife's going with Child, in that Cafe the Child is a Baftard; but if the Husband were here at all within that Time, it is legitimate and no Baftard: Befides, it did not appear by the Order that the Hufband was abfent all the Time; the Order was for these Reasons quafhed. Mich. 3 Ann. Reg. cont. Manly. Vide 5 Mod. Alinfon v. Spence

69. In the Cafe between Budworth and Damply, Hill. 5 Ann. it was held, 1, That an Order made upon the Overseers of any Parish by two Juftices, for raifing a Sum towards the Maintenance of a Baflard, or poor Perfon, does not determine the Settlement of that Perfon in that Parish, for the Right of Settlement is not contefted, but prefumed. 2dly, That the Claufe in the Stat. 13 & 14 Car. 2. c. 12. which provides, that diftinct Townnips of large Parishes in the Northern Counties fhall provide for their Poor, mult be understood with Refpect to the Maintenance of poor and impotent Persons, and not with Refpect to Baftards; but if a Baftard be grown up, and by Accident grow lame or impotent, he fhall be relieved as a poor Perfon within that Statute. I Salk. 123. S. C.

70. Upon a Motion to quafh an Order, the putative Father must be in Court; the Objection was, That the Order did not fet forth that the Child was likely to be chargeable; but adjudged, that it is felf-evident that Baftards are likely to be chargeable. 2 Salk. 475. Rex v. Matthews, Sed vide Rex. v. Nelfon, 1 Vent. 37. contra. If the Child dies after the Order is made by the two Juftices, and before the next Seffions, and no Security be given to perform the Order, then, when the Party appears at Seffions, they may order him to pay the Charges upon Proof of ferving the Order. But if Security hath been given, then the Seffions have no further Power, but the Bond must be put in Suit if the Condition is not performed. 2 Bulft. Rex v. Hammond. The Bond must be made to the Churchwardens, &c. and their Succeffors.

71. The Conftable willingly or negligently fuffering the. Father to escape after he is apprehended by a Warrant, one Juftice may bind him over to the Seffions, and there he may be indicted. See below, §. 73. So may any Perfon who shall perfuade, procure or convey away the reputed Father, or who fuffers the Mother to escape, or conveys her away. But this is not by Virtue of any of the Statutes made against Bastardy, it is only a difcretionary Act in the Juftices, which the Confervators of the Peace had at Common Law.

72. In the Order not faid, the Child was born in the Parish; and by the Statute, the Juftices cannot make an Order to

compel

compel a Man to contribute towards the Maintenance of a Baftard Child, but in Cafe of that Parish where the Child was born. Queen and Cafe, Mich. 11 Ann. Reg. B. R. See below, §. 74. The Defendant was compelled by the Juftices to give Security by Bond, (Parker Ch. Juft.) the Juftices have no fuch Authority; if the Party refufes, upon Request, they may bind him over to the Seffions. Queen and Ridge, Mich. 11 Ann. Reg. B. R.

73. A Warrant was given to the Defendant, being Conftable, to apprehend one Jones, who the Woman fwore had got her with Child: The Conftable lets him efcape: The Juftices make an Order for him to pay 3 . towards the Expences the Parish have been at, and 1 s. per Week towards his Maintenance, and the Mother to pay 6 d. per Week. Now this Order was quafhed as to the Conftable, for the Juftices have no fuch Authority; good as to the Mother, for they have Power to charge either the Father or the Mother. Queen and Jefferys, Mich. 11 Ann. Reg. B. R. See above, §. 71.

74. An Order to keep the Child until he could gain his Livelihood, ill for the Incertainty. 2. It does not appear the Child was born in the Parish, quafhed. The Parifh of Cuddington, Pafch. 1711. See above, § 72. Obj. 1. It does not appear by the Order that the Child was born in the County. 2. Said, the Examination was taken before one or two of us Juftices of the Peace; must be before two. 3. To keep the Female Baftard when it fhall be born, repugnant: How can it be known whether it is a Male or Female before it is born? But the Court held this laft Objection to be but Surplufage, but quafhed for the two firft Objections. Queen and Thorn, Pafch. 1714. B. R. An Order made upon the Defendant to maintain a Baftard Child was quafhed, because though in the Complaint it was alledged, the Child was born in the Parish of H. &c. yet there was no Adjudication by the Juftices, nor Words of theirs, from whence it could be collected in what Parish the Child was born. Pafch. 10 Geo. 1. Rex v. Godfrey, 2 Ld. Raym. 1363; and in that Cafe Mr. Lee cited Regina v. Beddington, Pafch. 10 Ann. of fuch an Order quashed for this very Exception.

75. Juftices in Corporations, &c. are to put the Acts in Execution relating to Baftards, as Juftices in the Counties, &c. A Woman wrongfully charging a Man with getting a Baftard upon her Body, was committed to the Houfe of Correction for Life. Pafch. 13 Car. 1. The ufual Punishment for thefe Offenders, is Pillory, publick Whipping, &c. Vent. 305.

CHAP.