Bastardy Act 1845

II Mother, when Order has been quashed for Defect inForm, may apply again within Six Calendar Months.

II. And be it enacted, That when any Order made under the Provision of the said Act prior to the passing of this Act shall have been or shall be quashed for any Defect therein, and not upon the Merits, it shall be lawful for the Mother of the Bastard Child in whose Favour such Order shall have been made to take Proceedings for the obtaining of another Order, according to the Provisions of the said Act, at any Time within the Space of Six Calendar Months after the passing of this Act, although the Period limited for her Application to the Justice under the said Act shall have expired.

III Form of Recognizance to be given by the putative Father.

III. 'And whereas Power is given by the said Act to the putative Father to appeal against an Order made upon him by the Justices in Petty Session assembled, giving Notice of Appeal as therein specified, and also sufficient Security, by Recognizance or otherwise, for the Payment of Costs, to the Satisfaction of some one Justice of the Peace;' be it enacted, That the Condition of any such Recognizance shall be for the Appearance of the said putative Father at such General Quarter Session of the Peace as is required by the said Act, and his Trial of the Appeal thereat, and the Payment of such Costs as he shall be then and there ordered to pay; and that in respect of any Order to be made after the passing of this Act, the Party entering into any such Recognizance shall forthwith give or send a Notice in Writing of his having so entered into such Recognizance to the Woman in whose Favour the said Order shall have been made, and unless he shall enter into the Recognizance before One of the Justices who shall have made the Order, to One at least of such Justices; and in default of his giving or sending such Notice or Notices as aforesaid the Appeal shall not be allowed; provided that the sending of such Notice or Notices by the Post shall be taken to be sufficient.

IV Provision as to the Mode of Proceeding in Case ofApplications by Women who are pregnant.

IV. 'And whereas it is enacted by the said Act, That any single Woman who may be with Child may apply to a Justice of the Peace as therein described for a Summons to be served upon the Man alleged by her to be the Father of such Child, and that such Justice shall thereupon issue his Summons to such Man to appear at a Petty Session, as therein also set forth, and Power is given to such Woman after the Birth of the Child, to apply to the Justices at such Petty Session for an Order upon the Person so alleged by her to be the Father of such Child; but Doubts are entertained as to the Time which shall be fixed by such Justice for the Appearance of the said Man so summoned at Petty Session, and it is desirable to remove the same:' Be it therefore enacted, That 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, although more than Forty Days shall have elapsed from the Time when the Summons was served upon the alleged Father, or was left at his last Place of Abode.

V Putative Father may abandon his Appeal, and hisRecognizance shall not be estreated.

V. And be it enacted, That if at any Time before the hearing of the Appeal the putative Father who shall have entered into any such Recognizance shall give Notice in Writing of his Abandonment of the Appeal, to the Mother of the Child in whose Favour the Order shall have been made, and to the Justice or Justices before whom the said Recognizance shall have been taken, and shall pay or tender to the said Mother all Sums then due under the said Order, and such Costs and Expences as she shall have incurred by reason of such Notice of Appeal, the said Recognizance so entered into by the said putative Father shall not be estreated, nor in any manner put in force or otherwise proceeded with.

VI The Mother of the Bastard Child to be examined bythe Court of Quarter Sessions on Appeal against the Order in Bastardy; but noOrder to be confirmed unless her Evidence is corroborated.

VI. 'And whereas by the said recited Act it is enacted, that where any Woman shall apply to the Justices at a Petty Session for an Order upon the Person whom she shall allege to be the Father of her Bastard Child, such Justices 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, and if the Evidence of the said Mother be corroborated in some material Particular by other Testimony to the Satisfaction of the said Justices, they may make such Order as is therein set forth: And whereas Power is thereby given to the putative Father to appeal to the General Quarter Sessions of the Peace against such Order, but it is not therein set forth what Evidence the said General Quarter Sessions shall or may hear on the Trial of such Appeal, and Doubts have been raised as to whether the said Mother can be heard by the said Court of Quarter Sessions;' be it therefore enacted, That on the Trial of any such Appeal before any Court of Quarter Sessions the Justices therein assembled, or the Recorder, (as the Case may be,) shall hear the Evidence of the said Mother, and such other Evidence as she may produce, and any Evidence tendered on behalf of the Appellant, and proceed to hear and determine the said Appeal in other respects according to Law, but shall not confirm the Order so appealed against unless the Evidence of the said Mother shall have been corroborated in some material Particular by other Testimony, to the Satisfaction of the said Justices in Quarter Session assembled, or the said Recorder.

VII Parties may be heard at the Petty Session byCounsel or Attorney.

VII. And be it enacted, That it shall be lawful for any Woman who shall apply to the Justices at any Petty Session for any such Order as aforesaid to be assisted in her Application by Counsel or Attorney, and for any Person summoned under the said Actto appear at any such Petty Session as the alleged putative Father to appear and make his Answer thereto by Counsel or Attorney; and it shall be lawful for either of such Parties to have all Witnesses examined and cross-examined by such Counsel or Attorney.

VIII Default of sufficient Distress within theJurisdiction of the Justices to warrant the Commitment to Prison.

VIII. 'And whereas it is provided in the said first-recited Act, that if Default be made by the putative Father in payment of the Sums ordered to be paid to the...