of the mother, and reputed father of such bastard child, as also for the better relief of every such parish, în part or in all ; and

ding [in or] next unto the limits where the parish church is, within the parish of in the said county, made the

day of

in the

·year

-concerning a 'male bas. tard child, lately born in the parish of aforesaid, of the body of M M, single woman.

Whereas it hath appeared unto us the said justices, as well upon the complaint of the churchwardens and overseers* of the poor of the said parish of- as upon the oath of the said M M, that she the said M M, on the day of now last past, was delivered of a male + bastard child at -in the parish of- —in the said county, and that the said bastard child is now living and chargeable to the said parish of—, and likely so to continue; and further, that F F, of -in the said county- -did beget the said bastard child on the body of her the said M M : and whereas the said F F hath appeared before us, in pursuance of our summons for that purpose, but hath not showed any sufficient cause why he the said F F shall not be adjudged the reputed father of the said bastard child [or, "and whereas it hath been duly proved to us upon oath,that the ❝ said FF hath been duly summoned to appear before us the "said justices, to the end we might examine into the cause and "circumstances of the premises; and whereas he the said F F "huth neglected to appear before us, according to the said sum

mons"]; We therefore upon due exumination of the cause and circumstance of the premises, as well upon the oath of the said M M as otherwise, do hereby adjudge him the said ¥ F to be the reputed father of the said bastard child.

And thereupon we do order, as well for the better relief of the said parish of- as for the sustentation and relief of the said bastard child, that the said F F shall and do forth. with upon notice of this our order‡, pay or cause to be paid to the said churchwardens and overseers of the poor of the said pa rish of or to some or one of them, the sum offor and towards the lying in of the said M M, and the maintenance of the said bastard child, to the time of making this our order.

* It is said in Blackerby 44, That an order made without the complaint of the parish officers is not good, but in K. v. Bu kall, where it was objected, that the order did not appear to be made on the complaint of the parish, it was answered, that the statute does not require that the parish should complain, but gives the justices power to make such order on the complaint of any other, and the order as to that part was confirmed. 1 Barnard. K. B. 261.

+ Au order was quashed because the sex of the bastard, or the name of it were not mentioned; only a certain bastard child, born of the body of such a woman. Strange 503.

A copy of this order should be delivered to the party in person, and in writing.

'shall and may likewise, by like discretion, take order for the 'keeping of every such bastard child, by charging such mother or reputed father with the payment of the money weekly, or ⚫ other sustentation for the relief of such child, in such wise as 'they shall think meet and convenient; and if, after the same ' order by them subscribed under their hands, any the said persotis, viz. mother or reputed father, upon notice thereof, shall 'not for their part observe and perform the said order, that then ' every such party so making default in not performing the said order, to be committed (X) to ward to the common gaol, there

And we do also hereby further order, that the said FF shall likewise pay or cause to be paid to the churchwardens and overseers of the poor of the said parish of―for the time being, or to some or one of them, the sum of -weekly and every week, from the day of the date of this present or der, for and towards the keeping, sustentation, and mainte nance of the said bastard child, for and during so long time as the said bastard child shall be chargeable to the said parish of

And we do further order, that the said M M shall also pay or cause to be paid to the said churchwardens and overseers of the poor of the said parish of—for the time being, or to some or one of them, the sum of -weekly and every week, so long as the said bastard child shall be chargeable to the said parish of- —, in case she shall not nurse and take care of the said child herself. Given under our hands and seals,

&c.

(X) The form of a commitment for not obeying the above order.

Monmouthshire,

to wit,

To the constable of
and to the keeper of the
[or common gaol] at
ty.

in the said county, house of correction, in the said coun

Whereas by an order under the hands and seats of us

and

two of his majesty's justices of the peace in and for the said county of both of us residing in [or next unto] the limits where the parish-church is, within the parish of-in the said county, and one being of the quorum, F F is adjudged to be the reputed father of a male bastard child lately born of the body of M M, of, single woman, at in the said parish of: and whereas it was in and by such order ordered [here set forth the substance of the order]: And whereas it appears unto us the said justices, by the oath of C C of

Q. v. West,
Lord Ray-

mond 1157.

to remain without bail or mainprize, except he, she, or they shall put in sufficient surety (XI) to perform the said order, or

-the

last

that the said F F had due notice of the said order, a true copy thereof in writing having been personally delivered to him the said F F, on-day of past, by the said C C; and whereas the said FF hath not observed nor performed the said order; THESE are therefore to charge and command you the said constable, forthwith to apprehend the said F F, and him safely to convey to the house of correction, [or common gaol] at in the said county, and there deliver him to the keeper thereof,together with this precept : And we do hereby also command you the said keeper of the said house of correction, to receive the said F F into your custody in the said house of correction [or common gaol], and him there safely keep, except he shall put in sufficient surety to perform the said order, or else enter into a recognizance personally to appear at the next general sessions of the peace to be holden in and for the said county, and also to abide such order as shall be then made by the court concerning the said bastard child, if any such order shall be then made; and if not, then to do and perform the order already made in the premises as aforesaid. Given under our hands, &c.

(XI) The condition of the recognizance to appear at the next sessions;

[After reciting the order as in the above warrant, and that the reputed father hath neglected to perform the same, proceed.]

Now the condition of this recognizance is such, That if the above bounden F F do and shall well and truly observe and perform the said order, or shall personally appear at the next sessions of the peace to be holden in and for the said county; and shall then and there abide such order as shall be then made by the court, concerning the said bastard child; if any such order shall be then made, and if no such order shall be then made or taken by the said court, if he the said F F do and shall perform the order already made by us as aforesaid,then this recognizance to be void, otherwise to remain in full force and effect.

If the order of filiation and maintenance is disobeyed, this rccognizance will be forfeited, and estreated into the exchequer ; and this mode of proceeding must be used to enforce obedience to the order; for the sessions cannot commit a man for not performing it, the power of the justices to commit being only conditional, except the party put in sufficient security, by doing which the directions of the act seem to be satisfied.

else personally to appear at the next general sessions of the peace to be held in that county where such order shall be taken, and also to abide such order as the said justices, or the major part 'of them, then and there shall take in that behalf, if they then and there shall take any; and that if at the said sessions the 'said justices shall take no other order, then to abide and perform the order before made, as is above said.'

And by 3 Car. 1.c. 4, All justices of the peace within their 'several limits and precincts, and in their several sessions, may, 'do and execute all things concerning that part of the said statute, that by justices of the peace in the several counties are by ⚫ the said statute limited to be done.'

If the two justices cannot agree upon their order, (this sta- Power of twa tute being in the disjunctive,in or next unto the limits where the justices under parish church is, it rather seems, if the two justices of the peace the stat, of Eliz, in that division cannot agree, that then the two justices next to that division being in the same county, (and one of them of the quorum) have power to take order therein. Dalton, p.

45.

And if the two justices absolutely refuse to act they may be compelled by a mandamus; or the matter may be brought be -fore the sessions, for the purpose of obtaining an original order. See Dalton, p. 26.

Also if five justices make the order, it is good; for the statute is not restrictive, but only requires two at the least. 2 Salk. 477.

And the justices are not restricted to any time for making of this order; for upon motion to quash an order of bastardy, it was resolved, that if the father run away, and return, though fourteen years after, yet an order to fix the child on him is good; for there is no statute of limitation in these cases. 1 Sess. Cas. 77,

The examination of the woman must be by two justices, as well as the ordering part; for the examination is a judicial act, and ought to be by both; and it is not enough that one should examine, and make report to the other; but if they are both present, and one only examine, it is well enough; for it is in fact the examination of both. K. v. Beard, Salkeld

478.

But if no security has been given (and it is a neglect in the justices not to take such security, 2 Ld. Raymond. 1158), the party disobeying the order may be indicted, and under the peril thereof induced to reimburse the parish.

Also if the orders are removed into the King's Bench, and there confirmed, the court will grant an attachment for nonperformance. The Queen v. Chaffey, 2 Ld. Raymond. 858.

Place of birth must be set

So also, in Billings v. Prinn and Delabere where an action of trespass and false imprisonment was brought, for committing the plaintiff to prison for refusing to filiate a bastard child; and it appeared on the trial that the woman was examined at separate times (but in the same day), and in several places, by the two justices, and that they separately signed the warrant of commitment; a verdict was given for the plaintiff with 57. damages and on a motion for a new trial THE COURT held that where two or more justices arc authorized to do any act, they must meet together, else what they resolve on is the mind of individuals, not of the whole body that there is no use in appointing two or more persons to exercise judicial powers unless they are to act to gether; that separate examinations by different magistrates may produce different facts; and that in this case the action being brought to try the validity of the commitment, it could not be supported by law. 2 Black. Rep. 1017.

And where it was said in the order, We the said justices doth adjudge, instead of do adjudge, it was upon that exception quash. edt. Salkeld 122. 2′ L. Raymond 1198.

In Comberbach's Reports 39. it is said, That an order was quashed because it did not appear therein that the bastard was chargeable to the parish, or likely to be so; but it is to be ob. served that this book is of no great authority; and in the case of the King v. Mathews, 8 Wil. 3, where it was moved to quash an order for maintaining a bastard child because it was not said that the child was likely to become chargeable, the court ever-ruled the exception, for it is self-evident, that every bastard child is likely to become chargeable. Salkeld 475.

The place of birth must be set forth in the order, because it may be born in a parish where the two justices who made the forth in order. order had no jurisdiction; and that it may appear that it was born in that parish to which the relief is ordered. Stile 368, Dalton 47. Cas, of S. 59. Caldecot's Cases 173.

Thus where an exception was taken to an order of bastardy, that it did not appear the child was born in the parish to which the relief was ordered; it running "We, two justices of the borough of Lime Regis, residing within the limits where the pa "rish church is, within which parish the child was born”—THE COURT HELD THIS TO BE only an averment, that the justices resided in that parish where the child was born; and that it might not be the same parish ordered to be relieved; for this fault the order was therefore quashed. K. v. Butcher, Strange 437.

* See also Ld. Kenyon's reasoning in the case of K. v. Hamstall Ridware, ander Title APPRENTICES.

But as this was error in form only it is proper to observe that now by the stat. 5 Geo. 2. c. 19, such an error as well as all others which affect the form of the order only and not the merits thereof may be amended at the ses sions before the appeal is proceeded upon.