to appear at a petty session to be holden on the day of -, in the year of our Lord one thousand eight hundred and forty for the said division (a) in which he usually acted, to answer her complaint touching the premises :* And that the said having been duly served with the said summons, within forty days from the said day of ~, ac and that the said having then applied to the said justices in petty sessions assembled for an order upon the said cording to the form of the statute in such case made and provided: And that it having been then proved to the said justices that the said child was since (b) the passing of an Act passed in the eighth year of the reign of Her present Majesty, intituled An Act for the further Amendment of the Laws relating to the Poor in England," (that is to say,) on the day of , in the year of our Lord one thousand eight hundred and forty born a bastard of the body of the said --: And that the said justices, having heard the evidence of such woman, and such other evidence as she had produced, and the evidence of the said the mother of the said child, having been corroborated in some material particular by other testimony, to their satisfaction, did adjudge the said to be the putative father of the said child, and, having regard to all the circumstances of that case, did order that the said should pay unto the mother of the said bastard child, so long as she should live and be of sound mind, and be not in any gaol or prison, or under sentence of transportation, or to the person who might be appointed to have the custody of such child, under the provisions of the said statute, the sum of until the said child should attain the age of thirteen years, or should die, or the said should marry: And they did further order to pay to the said --- the sum of the said being And whereas the said hath not married since the making of the said order, but hath lately (c) -, and the said child is still alive, and under the age of thirteen: Now we, two of Her Majesty's justices of the peace acting in and for the county (a) of do hereby order and appoint one- of in the county of (a) " not being an officer of any parish or union, and having consented thereto, to have the custody of such bastard child, so long as such bastard child shall not be chargeable to any parish or union. Given under our hands and seals, at in the county (c) died, or become of unsound mind, or is now in the gaol or prison of, in the county of or is under sentence of transportation. this day of 2 in the year of our of (a) Lord one thousand eight hundred and forty N.B.-A duplicate of this appointment is to be sent through the post or otherwise, by the clerk of the justices, to the clerk of the guardians of the union or parish wherein the mother of the said child resided at the time when she died, or ceased to be entitled to receive the payments under the order. (a) or city, borough, or other place. But if, after the death of the mother, or in case she be incapacitated as aforesaid, such bastard child becomes chargeable to any parish or union by the neglect of the putative father to make the payments due under the orders of justices, then and in such case it shall be lawful for any board of guardians of an union or parish, or if there be no such board of guardians for the overseers of any parish or place, to make such application for the enforcement of the order as might have been made by the mother of such bastard child if alive; but all payments for the maintenance of such child made in pursuance of such application shall be made to some person to be from time to time appointed by the justices as herein-before provided, and on condition that such bastard child shall cease to be chargeable to such parish or union. Id. s. 7. Warrant of distress.] If, upon being brought before such two justices, "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." Id. s. 3. But this must be understood of cases where the putative father has no legal excuse for not paying the weekly sum ordered; for he may show that the child is dead, -or that the mother is dead, or of unsound mind, or in prison or transported, and that no person has as yet been appointed to have the custody of the child;-in which case of course no warrant of distress should be granted. Provided always, 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 arrears for thirteen weeks' payment in discharge of the whole arrears or debt. Id. 8. 3. The following may be the form of the warrant of distress : forty day of in the year of our Lord one thousand eight hundred and made upon oath (b) before, one of Her Majesty's justices of the peace in and for the said county, (a) by of the parish of · -, in the county (a) of - single woman, that by an order made at the petty session holden in and division (a) of —, in the county of (a) for the on the day of, in the year of our Lord one thousand eight hundred and forty - by Her Majesty's justices of the peace in and for the said county (a) acting in and for the said division (a) then and there assembled, · of in the county (a) of -, was adjudged to be the putative father of a bastard child, then lately born of her body, and that in and by the said order it was ordered that the said should pay to her the said - so long as she should be of sound mind, and should not be in any gaol or prison, or under sentence of transportation, or to the person who might be appointed to have the custody of the said child under the provisions of the said statute, the sum of per week for the first six weeks from the birth of the said child, and from the expiration of such six weeks, the sum of per week until such child should attain the age of thirteen years, or should die, or she the said mother should marry, and the sum of ten shillings for the midwife, and the sum of for the costs incurred in obtaining such order; and that the said had had due notice of the said order, and that the said bastard child was then living, under the age of thirteen years, and that she the said mother had not been married since the said order was made, and that the payments directed to be made by the said order had not been made according thereto by the said and that there was then in arrear for the same the sum of being the amount of arrears for weeks' payments, and for costs ten shillings for the midwife, and the sum of incurred in obtaining such order. And whereas the said justice, by warrant under his hand and seal directed to the constable of the said parish of -, and all Her (a) or city, borough, or other place. (b) or affirmation. Majesty's officers of the peace in and for the said county (a) commanded him, or some or one of them, forthwith to apprehend the said -, and to convey him before two of Her Majesty's justices of the peace for the said county (a), to answer the premises, and be dealt with according to law. Whereupon the said being now brought before us, two of Her Majesty's justices of the peace for the said county (a), to show cause why the same should not be paid, hath not shown any cause why the same should not be paid; and the same duly appearing to us upon oath to be due from the said under the said order, together with the further sum of· for the costs attending such warrant, apprehension, and bringing up of him, the said nevertheless neglects (d) to make payment of the said sums due under the said order, and the said sums so due for such costs. , These are therefore to require you forthwith to make distress of the goods and chattels of the said and if within the space of · days next after such distress by you taken the said sums, together with the reasonable charges of taking and keeping the said distress, shall not be paid, that then you do sell the said goods and chattels so by you distrained, and out of the money arising by such sale thereof, that you detain the said sums, and also the reasonable charges of taking, keeping, and selling the said distress, rendering the overplus (if any), on demand, unto the said —; and if no sufficient distress can be found, that then you certify the same unto us, or unto (e) two of Her Majesty's justices of the peace acting for the said county (a), to the end that such further proceedings may be had therein, as to law doth appertain: and we further order you to make return to this warrant, on the day of- next, unto us or suck justices as aforesaid. and keep And whereas (f) the said not having given sufficient security, by way of recognizance or otherwise, to our satisfaction, for his appearance on the return of this warrant, we do hereby further order you to detain the said him in safe custody until the said return can be conveniently made, and then bring him before us or such justices as aforesaid. Given under our hands and seals, at this day of in the county in the year of our (a) of (a) or city, borough, or other place. appear; but should he not find such security, insert the word "any." (f) Should the party find security for his appearance on the return of the warrant, erase this paragraph. The following may be the form of the recognizance for ap pearance at the return of the distress warrant : Recognizance. Recognizance in the common form, subject to the following condition : Whereas the above-bounden, having been apto wit. Jprehended upon a warrant issued under the hand and seal of one of Her Majesty's justices of the peace in and for the county (a) of -, upon the information and complaint of -, for disobedience to an order made in the petty session holden in and for the division (a) of - in the county of on the day of - in the year of our Lord one thousand eight hundred and forty —, by Her Majesty's justices of the peace then and there assembled, whereby he was adjudged to be the putative father of a bastard child, lately born of the body of the said single woman, and ordered to pay. certain sums of money as therein set forth; and having been brought before two of Her Majesty's justices of the peace for the said county (a), by virtue of the said warrant, and having neglected (b) to make payment of the sums due from him under such order, together with the costs attending such warrant, apprehension, and bringing of him up before such justices, they have, by warrant under their hands and seals, addressed to the constable of the parish of directed the sum so due, together with such costs, to be recovered by distress and sale of the goods and chattels of the said and have made the said warrant· returnable on the day of to them, or unto two justices of the peace acting for the said county (a). Now the condition of this recognizance is such, that if the above-bounden do appear before the justices unto whom the said warrant is made returnable on the day so appointed for the return thereof, to abide the further proceedings thereon, then the same shall be of no effect, otherwise to remain in full force. Taken and acknowledged the day of - in the year of our Lord one thousand eight hundred and forty (a) or city, borough, or other place. (b) or refused. Warrant of commitment, for want of distress.] 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, [within the jurisdiction of the justices before whom he shall have been brought under the warrant, ante, p. 194, 8 & 9 Vict. c. 10, s. 8,] 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 |