Poor Law Amendment Act 1844
| Jurisdiction | UK Non-devolved |
| Citation | 1844 c. 101 |
| Year | 1844 |
(7 & 8 Vict.) C A P. CI.
[9th August 1844]
'WHEREAS it is expedient to amend an Act passed in the Session held in the Fourth and Fifth Years of the Reign of His late Majesty KingWilliam the Fourth, intituled An Actfor the Amendment and better Administration of the Laws relating to the Poor in England and Wales, and certain other Acts relating to the Relief of the Poor in England :' Beit therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the passing of this Act all Powers for obtaining or making an Order upon any putative Father for the Maintenance of a Bastard Child shall cease and determine, except as herein-after provided.
II The putative Father to be summoned to PettySessions, on Application of Mother of Bastard.
II. And be it enacted, That any single Woman who may be with Child, or who may be delivered of a Bastard Child, after the passing of this Act, or who has been delivered of a Bastard Child within the Period of Six Calendar Months before the passing of this Act, may either before the Birth, or at any Time within Twelve Months from the Birth of such Child, or at any Time thereafter, upon Proof that the Man alleged to be the Father of such 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 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; and 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 Father of such Child to appear at a Petty Session to be holden after the Expiration of Six Days at least for the Petty Sessional Division, City, Borough, or other Place in which such Justice usually acts.
III Justices in Petty Session may make an Order onthe putative Father for Maintenance and Costs, and enforce the same byDistress and Commitment.
III. And be it enacted, That after the Birth of such Bastard Child, on the Appearance of the Person so summoned, or on Proof that the Summons was duly served on such Person, or left at his last Place of Abode Six Days at least before the Petty Session, the Justices in such Petty Session 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 Mother be corroborated in some material Particular by other Testimony, to the Satisfaction of the said Justices, they may adjudge the Man to be the putative Father of such Bastard Child; and they may also, if they see fit, having regard to all the Circumstances of the Case, proceed to make an Order on the putative Father for the Payment to the Mother of the Bastard Child, or to any Person who may be appointed to have the Custody of such Child under the Provisions of this Act, of a Sum of Money weekly, and of such Costs as may have been incurred in the obtaining of such Order, including, if they think proper, Ten Shillings for the Midwife, and Ten Shillings towards the Funeral Expences of the Child, provided it have died before the making of such Order; and if the Application be made before the Birth of the Child, or within Two Calendar Months after the Birth of the Child, such weekly Sum may, if the said Justices think fit, be calculated from the Birth of the Child, at a Rate not exceeding Five Shillingsper Week for the first Six Weeks after the Birth of such Child; and in other Cases such Sum shall not exceed Two Shillings and Sixpence per Week from the Time of the making of the Application; and if at any Time after the Expiration of One Calendar Month from the making of such Order as aforesaid it be made to appear to any One Justice, upon Oath or Affirmation, that any Sum to be paid in pursuance of such Order has not been paid, such Justice may, by Warrant under his Hand and Seal, cause such putative Father to be brought before any Two Justices; and in case such putative Father neglect or refuse to make Payment of the Sums due from him under such Order, or since any Commitment for Disobedience to such Order as herein-after provided, together with the Costs attending such Warrant, Apprehension, and bringing up of such putative Father, such Two Justices may, by Warrant under their Hands and Seals, direct the Sum so appearing to be due, together with such Costs, to be recovered by Distress and Sale of the Goods and Chattels of such putative Father, and may order such putative Father to be detained and kept in safe Custody until Return can be conveniently made to such Warrant of Distress, unless he give sufficient Security, by way of Recognizance or otherwise, to the Satisfaction of such Justices, for his Appearance before Two Justices on the Day which may be appointed for the Return of such Warrant of Distress, such Day not being more than Seven Days from the Time of taking any such Security; but if upon the Return of such Warrant, or if by the Admission of such putative Father, it appear that no sufficient Distress can be had, then any such Two Justices may, if they see fit, by Warrant under their Hands and Seals, cause such putative Father to be committed to the Common Gaol or House of Correction of the County, City, Borough, or Place where they have Jurisdiction, there to remain without Bail or Mainprize for any Term not exceeding Three Calendar Months, unless such Sum and Costs, and all reasonable Charges attending the said Distress, together with the Costs and Charges attending the Commitment and conveying to Gaol or to the House of Correction, and of the Persons employed to convey him thither, be sooner paid and satisfied: Providedalways, that if the Woman have allowed the weekly Payment to be in arrear for more than Thirteen successive Weeks, without Application to a Justice, the Man shall not be called upon to pay more than the Amount due for Thirteen Weeks in discharge of the whole Debt, and no Warrant of Distress shall be issued for more than the Amount of Arrear for Thirteen Weeks Payment in discharge of the whole Arrears or Debt.
IV Applications to be made within Forty Days.
IV. And be it enacted, That the Justices in Petty Session as aforesaid may adjourn the Hearing of the Case as often as to them may seem fit; but no such Order shall be made unless applied for at such Petty Sossions within the Space of Forty Days from the Service of the Summons after the Birth of the BastardChild on the Person alleged to be the Father of such Bastard Child; and if within Twenty-four Hours after the Adjudication and making of any Order on the putative Father as aforesaid such putative Father give Notice of Appeal to the Mother of the Bastard Child, and also within Seven Days give sufficient Security, by Recognizance or otherwise, for the Payment of Costs, to the Satisfaction of some One Justice of the Peace, it shall be lawful for such putative Father to appeal to the General Quarter Sessions of the Peace to be holden after the Period of Fourteen Days next after the making of the said Order for the County, City, Borough, or Place for which such Petty Session may have been held; and the Justices in such Quarter Sessions assembled, or the Recorder, as the Case may be, shall thereupon hear and determine such Appeal, and shall order such Costs to be paid by either Party as to them or him may seem fit.
V Money under the Order to be paid to the Mother orto a Person appointed by the Justices.
V. And be it enacted, That all Money payable under any Order as aforesaid shall be due and payable to the Mother of the Bastard Child in respect of such Time and so long as she lives and is of sound Mind, and is not in any Gaol or Prison, or under Sentence of Transportation; and after the Death of the Mother of such Bastard Child, or whilst such Mother is of unsound Mind, or confined in any Gaol or Prison, or under Sentence of Transportation, any Two Justices may, if they see fit, by Order under their Hands and Seals from Time to Time appoint some Person who, with his own Consent, shall have the Custody of such Bastard Child, so long as such Bastard Child is not chargeable to any Parish or Union, and an Two such Justices may revoke the Appointment of such Person, and may appoint another Person in his Stead; and every Person so appointed to have the Custody of a Bastard Child shall, so long as such Child is not chargeable to any Parish or Union, be empowered to make Application for the recovering of all Payments becoming due under the Order of the Court of Petty Session as aforesaid, in the same Manner as the Mother of such Bastard Child might have done; and the Clerk to the Justices making any Order on the putative Father of a Bastard Child, or appointing any Person to have the Custody of such Child, as herein-before provided, shall as soon as may be send by Post or otherwise a Duplicate of such Order or Appointment, signed by such Clerk, to the Clerk to the Guardians of the Union or Parish in which the Mother of such Bastard Child resided at the Time of making such Order or Appointment...
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