The Justice of the Peace, and Parish Officer

certificate, and a sufficient dividend be paid upon the joint estate 3 G. 4. c. 81. of the firm, and the separate estate of him, her, or them who has or have obtained such certificate, he, she, or they shall be entitled to his, her, or their allowance, notwithstanding no allowance may be due to any one or more of his, her, or their copartners.'

§ 13. This act shall not extend to Ireland and Scotland. § 14. This act shall be deemed to be a public act.

Act not to ex

tend to Ireland

and Scotland.

By stat. 3 G. 4. c. 74. intituled An act to amend the laws relating to bankrupts under joint commissions; [passed 22d July 1822,] after reciting that "whereas by the laws now in force relating to bankrupts, where a joint commission has issued against two or more persons being partners, under which commission one or more and not all of the bankrupts may be entitled to have such commission superseded, but may be unable to obtain such supersedeas without the consent of some or one of the bankrupts not entitled to or not consenting to such supersedeas, which may be attended with great inconvenience:" It is enacted "that where a Where a joint joint commission of bankruptcy has issued, or shall hereafter commission of issue against two or more persons, it shall be lawful for the lord bankruptcy has high chancellor, lord keeper, or lords commissioners of the great issued, it may seal, to supersede such joint commission as to one or more of the be superseded as bankrupts, without prejudice to the validity of the commission as of the bankto such one or more of the bankrupts as to whom such commis- rupts, without sion is not ordered to be superseded, or as to his, her, or their prejudice to the certificate or certificates; but such commission and certificate, as commission. to him, her, or them, shall continue in full force and operation." An assessment for church and highway rates is a debt, and the assessor, a creditor under the bankrupt laws.- Lloyd v. Heathcote, 2 Brod. & Bing. 388.

The moment the assessment is made it becomes a debt.. Per Burrough J. S. C.

The commissioners of bankrupt are authorised by stat. 49 G. 3. c. 121. § 13. to bring up a bankrupt charged in execution, for the purpose of a full disclosure of his estate and effects at any of the three meetings under the commission, or any adjournment thereof. Spence & Another v. Jones, esq. E. 3 G. 4. 5 B. & A. 705. An overseer of the poor is discharged by his bankruptcy and certificate from a debt due in respect of a sum of money in his hands, as overseer at the time of his bankruptcy, although this happen before the expiration of his year of office, before which time he cannot be compelled to account. Rex v. Tucker, M. 57 G. 3. 5 M. & S. 508. See this case more fully stated post, title "Poor" (Overseers' Accounts.)

See 1 Burn, 237. Dele the form of commitment of a bankrupt therein given and substitute the following instead:

County of To the keeper of his majesty's gaol of

to wit.

his deputy.

RECEIVE into your custody the body of G. P. herewith sent you, brought before me, R. B. esquire, one of his majesty's justices of the peace in and for the said county, by D. B., and SUPP.

to one or more

charged before me the said justice, upon the oath of G. A. with being the same identical person against whom a commission of bankruptcy hath been awarded and issued, under which the said G. P. on the day of now last past, was proved before the major part of the commissioners authorized by the said commission to have become a bankrupt, and duly adjudged and declared to be a bankrupt accordingly, as appears to me by a certificate under the hands and seals of E. C. &c., the major part of the commissioners in the said commission named, dated the day of -, one thousand eight hundred and And him therefore safely keep in your custody, till he shall be removed by order of the said commissioners, or the major part of them, by warrant under their hands and seals. And for so doing this shall be your sufficient warrant. Given under my hand and seal this day of

one thousand eight hundred and

R. B. (L. s.)

[N. B. The warrant to apprehend (1 Burn, 237,) must be amended according to the above form of commitment.]

Bastards.

(Appeal against an Order of Filiation.)

[See 1 Burn, 265. Rex v. The Justices of Salop, ante, p. 27.] ALTHOUGH there is no appeal against an order of bastardy

made at the sessions, yet it may be removed into the court of K. B. by writ of certiorari. 2 Nol. P. L. 282.

Inforcing payment of the maintenance or other sustenance for the relief of a bastard child by the reputed father or mother, when it has been ordered; see stat. 49 G. 3. c. 68. 1 Burn, 251.

et seq.

Lord Ellenborough's dictum in R. v. Martyr & Fulham, 1 Burn, 260, 261, 262. appears to be in the very teeth of the stat. 49 G. 3. c. 98. § 63. A summons may be expedient and right where the putative father is not likely to abscond; but as in seven cases out of ten the father does run away, and the statute fully justifies the issuing a warrant, the practice was to apprehend at once. A precedent of a warrant in addition to the summons (N.) at page 283., was inadvertently omitted in the 23d edition of Burn, and therefore the following is given :

(A.) Form of Warrant to apprehend the reputed Father for disobeying an Order of Filiation.

County of To the constable of the parish of

}

county.

WHEREAS on

year of our Lord —

the

in the said

day of

in the

-, information and complaint, upon

oath, were made before me, J. P. esquire, one of his majesty's justices

of the peace for the said county, by A.Q. one of the overseers of the poor of the parish of· in the said county, that by an order under the hands and seals of A. P. and K. P. esquires, two of his majesty's justices of the peace in and for the said county, and both residing next unto the limits of the parish church, within the parish of in the said county, (one whereof is of the quorum,) A. F. ofin the said county, labourer, was adjudged to be the reputed father of a male [or, female] bastard child, born of the body of A. M. single woman, in the said parish of ——, and that against the said order no appeal had been preferred, [or, that the said order was upon appeal confirmed by the court of quarter sessions holden in and for the said county of •, an the day of last,} [or, that by an order made at the general quarter sessions of the peace holden at in and for the said county, on

the → day of A. F. of in the said county, labourer, was adjudged to be the reputed father of a male [or, female] bastard child, born of the body of A. M. single woman, in the said parish of] and that in and by the said order it was ordered that he the said A. F. should pay or cause to be paid to the churchwardens and overseers of the poor of the said parish of or to some or one of them, the sum offor and towards the reasonable charges and expenses incident to the said birth, and for and towards the maintenance of the said bastard child, to the time of making the said order. And the sum of - for the reasonable costs of apprehending and securing the said A. F., and the costs of the said order of filiation, and also the sum of weekly and every week, from the

day of one thousand eight hundred and (being the date of the said order,) for and towards the keeping, sustentation and maintenance of the said bastard child, for and during so long a time as the said bastard child shall be chargeable to the said parish of And further, that the said parish_of was liable to the maintenance of such bastard child, [or, that the said bastard child was then living within the said parish of and chargeable

day of

, one

to the

day of

which

thereto;] but that notwithstanding he the said A. F. has had due notice of the said order, yet he the said A. F. had not observed nor performed the same, and that there was then due and owing from the said A. F. unto the churchwardens and overseers of the poor of the said parish of from the thousand eight hundred and instant, by and under the said order, the sum of: had been demanded of the said A. F. but that the said A. F. had * refused to pay the same [or, as the case may be as to the amount remaining unpaid,] whereby the sum ofwas then due and owing from the said A. F. to the churchwardens and overseers of the poor of the said parish of on the account aforesaid; and thereupon the said A. O. prayed me the said justice, that the said A. F. might be brought before me or some other of his ma

If the reputed father hath left his abode, and avoided a demand being made, then leave out the word refused, and say, “had left his usual place of abode, and had avoided a demand of the said sums being made by him, the said A. O., upon him, the said A. F., whereby," &c. as before.

to an

And whereas instant, was duly ·

aforesaid,

jesty's justices of the peace for the said county of· swer the premises, and to make his defence thereto. the said A. F. on the day of summoned by A. C., constable of the parish of to appear before me and such other or others of his majesty's justices of the peace for the said county as should be assembled at in the said county, to answer to the said information and· complaint on the day of instant, but he the said A. F. neglected to appear and did not appear pursuant to the said· summons, but made default therein, and hath not yet paid the said sum of or any part thereof, but hath hitherto refused to do so. These are therefore to command you in his majesty's name to apprehend the said A.F. and bring him before me, or some other or others of his majesty's justices of the peace for the said county of to answer such complaint, and to be further dealt with according to law. Herein fail you not. Given under my hand and seal the day of the year of our Lord one thousand eight hundred and twenty-two.

[The following precedents, [from Y. C. P. p. 69. et seq.] if kept in blank by justices' clerks, will be found very convenient in practice; they facilitate the filling up of orders of filiation, since, the sum marked (No. 1.) is what is to be placed in the first part of the order; and what is marked (No. 2.) is for the second part. See the form in 1 Burn, 258. 259.]

(B.) Overseer's Affidavit of Expenses.

[Stat. 49 Geo. 3. c. 68. § 1. See 1 Burn, 251, 252. and 259.]

County of AN account of the charges and expenses incident to the birth of A. M.'s male bastard child, lately born in the parish of· in the county of -, together with the costs of apprehending and securing the reputed father, the making of the order of filiation for indemnifying the said parish and such other expenditure of the overseers of the poor of the parish aforesaid, as has been by them incurred regarding the same, in pursuance of the statutes respecting bastards, and ascertained upon the oath of the undersigned overseer of the poor of the said parish, before us, whose names are hereunto set, being two of his majesty's justices of the peace in and for the said county, this

day of in the year of our Lord one thousand eight hundred and

Lying-in expenses,

Maintenance of the child from the time of its birth to

the present day,

(No. 1.) Total of the charges and expenses incident to the birth, and for and towards the maintenance of the child to the time of making the order,

£. S. d.

Examination, on oath, of the mother, before the birth of the child,

Warrant thereon to apprehend the putative father, Expenses of the overseer in conveying the mother to the magistrate, and attending on him accordingly, Constable's expenses on apprehending the putative father,

Commitment of the putative father for want of sureties, Expenses of conveying the putative father to the house of correction,

Summons of the putative father to shew cause why an order of filiation should not be made on him, Information and warrant thereon after the birth of the child, to bring the mother for examination before two justices,

Expenses of the overseer in attending the magistrate to obtain the warrant for the mother, and summons for the putative father to shew cause why an order of filiation and maintenance should not be made on him, &c.

Summons for the mother after the birth of the child, to be examined before two justices, (no warrant to bring her having issued,)

Examination on oath of the mother, after the birth of the child, before two magistrates,

Constable's expenses in serving and returning the summons or warrant, &c. to the two justices,

Affidavit taken in writing of these particulars, directed by the 49 Geo. 3. c. 68. § 1. to be duly ascertained upon oath, before the justices of the peace making the said order of filiation,

(No. 2.) Total of the costs of apprehending and securing the putative father, and the costs of obtaining the order of filiation, &c.