8 & 9 V., c. 10. Proceedings in Bastardy, amending 7 & 8 V., c. 101. order made under the authority of the Statute 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," at the petty session holden in and for the division [or city, &c.] of —, in the county of -, on the day of, in the year of our Lord, by H. M.'s justices of the peace in and for the said county [or city, &c.], acting in and for the said division [or city, &c.], then and there assembled, of, in the county 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 live and should be of sound mind, and should not be in any gaol or prison, or under sentence of transportation, or to such person as might be appointed to have the custody of such bastard 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 is now living, under the age of thirteen years, and that she the said mother hath not been married since the said order was made, and that the payments directed to be made by the said order have not been made according thereto by the said -, and that there is now in arrear for the same the sum of -, being the amount of arrears for weeks' payments, and ten shillings for the midwife, and the sum of ― for the costs incurred in obtaining such order. These are, therefore, in H. M.'s name to command you, the said constable, or other officer of the peace, or some or one of you, forthwith to apprehend the said and convey him before two of H. M.'s justices of the peace in and for the said county [or city, &c.], to answer the premises, and be dealt with according to law. Given under my hand and seal at —, in the county [or city, &c.], this - day of -, To wit.} on the No. 12. Warrant of Distress against the Putative Father. To the constable of, in the county of. Whereas information and complaint were, day of, in the year of our Lord, made upon oath [or affirmation] before -, one of H. M.'s justices of the peace in and for the said county [or city, borough, or other place], by, of the parish of, in the county [or city, &c.] of, single woman, that by an order made at the petty session holden in and for the division of [or city, &c.] —, in the county of· -, on the day of, in the year of our Lord, &c., by H. M.'s justices of the peace in and for the said county [or city, &c.], acting in and for the said division [or city, &c.], then and there assembled, of - in the county [or city, &c.] 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 1 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 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 die, 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 ten shillings, &c. per And whereas the said justice, by warrant under his hand and seal, directed to the constable of the said parish of, and all H. M.'s officers of the peace in and for the said county [or city, &c.], commanded him, or some or one of them, forthwith to apprehend the said and to convey him before two of H. M.'s justices of the peace for the said county [or city, &c.], to answer the premises, and be dealt with according to law. Whereupon the said -, being now brought before us, two of H. M.'s justices of the peace for the said county [or city, &c.], 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 8 & 9 V., c. 10. Proceedings in Bastardy, amending 7 & 8 V., c. 101. attending such warrant, apprehension and bringing up of him, the said, nevertheless neglects [or refuses] to make payment of the same. 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, you do 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, two of H. M.'s justices of the peace acting for the said county [or city, &c.], 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 such justices as aforesaid. And whereas 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 —, and keep 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, in the county [or city, &c.] of -, this day of - in the year of our Lord No. 13. } Form of Recognizance for Appearance at the Return of the Distress Warrant. To wit. the hand and seal of —, one of H. M.'s justices of the peace in and for the county [or city, having been apprehended upon a warrant issued under &c.] of, upon the information and complaint of, for disobedience to an order made in the petty session holden in and for the division [or city, &c.] of —, in the county of —, on the day of, in the year of our Lord, by H. M.'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 H. M.'s justices of the peace for the said county [or city, &c.] by virtue of the said warrant, and having neglected [or refused] 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 sums 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 warrant returnable on the day of, to them, or unto - two justices of the peace acting for the said county [or city, &c.] 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 —, at —, in the county [or city, &c.] of -, before me, the undersigned, one of H. M.'s justices of the peace in and for the said county [or city, &c.] of —. No. 14. } Warrant of Commitment. To the constable of, in the county [or city, &c.] of -, and to the keeper of the To wit. I common gaol [or house of correction], at, in the county of - Whereas information and complaint were, on the day of, in the year of our Lord made upon oath [or affirmation] before one of H. M.'s justices of the peace for the said county [or city, b Should the party find security for his appearance on the return of the warrant, erase this paragraph. 8 & 9 V., c. 10. Proceedings in Bastardy, amending 7 & 8 V., c. 101. &c.], by. of the parish of - in the county [or city, &c.] of. -, single woman, that by an sum of -- per And whereas the said justice, by warrant under his hand and seal, directed to the constable of the said parish of and all H. M.'s officers of the peace in and for the said county [or city, &c.], commanded him forthwith to apprehend the said -, and to convey him before two of H. M.'s justices of the peace in and for the said county [or city, &c.] of -, to answer the premises, and be dealt with according to law: Whereupon the said —, being now brought before us, -, two of H. M.'s justices of the peace for the said county [or city, &c.] of —, to show cause why the same should not be paid; and the same appearing upon oath [or affirmation] 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 [or refuses] to make payment of the said sums due under the said order, and the said sums due for such costs: And whereas it appears to us, upon the admission of the said, that no sufficient distress can be had upon his goods and chattels, for the recovery of the said several sums : These are, therefore, to command you the said constable of —, to convey the said to the said common gaol [or house of correction], at —, and these are also to command you the said keeper of the said common gaol [or house of correction], to receive the said, there to remain without bail or mainprize, for the term ofa—, unless such sum and costs, togetherb with the costs and charges attending the commitment and conveying of the said to the said common gaol [or house of correction], and of the persons employed to convey him thither, be sooner paid and satisfied. Given under our hands and seals at, in the county of - this day of―, in the }, No. 15. Warrant of Commitment in default of Distress. To the constable of, in the county [or city, borough, or other place] of, and to To wit. the keeper of the common gaol [or house of correction] at -, in the county of -. Whereas information and complaint were, on the day of -, in the year of our Lord made upon oath [or affirmation] before -, one of H. M.'s justices of the peace for the said county [or city, &c.] by. of the parish of in the county [or city, &c.] of single woman, that by an order made under the authority of the statute passed in the eighth year, &c. [see ante], at the petty session holden in and for the division [or city, &c.] of —, in the county of, on the day of, in the year of our Lord, by H. M.'s justices of the peace acting in and for the said division [or city, &c.] then and there assembled, - of, in the county [or city, &c.,] 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, &c. [sec ante, p. 54], or to such Not to exceed the term of three calendar months. Where warrants are issued after the passing of this Act, the justices should insert the amount of their costs and charges. 8 & 9 V., c. 10. Proceedings in Bastardy, amending 7 & 8 V., c. 101. person, &c. [see ante], under the provisions of the said statute, the sum of &c. [see ante]; that the said had had due notice, &c. [see ante, p. 55]: And whereas the said justice by warrant, &c. [see ante, p. 57]; but the said neglecting [or refusing] to make payment of the said sums due under the said order, and the said sum so due for such costs, the said justices required the said constable to make distress of the goods and chattels of the said —; and if no such distress could be found, then to certify the same unto them, or unto —, two of H. M.'s justices of the peace acting for the said county [or city, &c.], to the end that such further proceedings might be had therein as to law appertained: And whereas it appears to us, two of H. M.'s justices of the peace acting for the said county [or city, &c.], by return of the said constable of the said -, dated the day of, that he hath made diligent search, but doth not know of nor can find any goods and chattels of the said — by distress and sale whereof the said sums and costs can be recovered pursuant to the said warrant; and that the costs incurred by the said constable in attempting to make such distress are shillings, and the said is now before us." } These are therefore to command you the said constable, &c. [see ante, p. 57]. No. 16. Appointment of a Guardian to the Bastard Child. to Whereas the justices assembled at a petty session of H. M.'s justices of the peace for the To wit. county [or city, &c.,] of —, holden in and for the division [or city, &c.,] of —, in the county of, at, on the - day of - in the year of our Lord by an order under their hands and seals, reciting that one, single woman, residing at, within the said division [or city, &c.,] did on day of, in the year, &c., make application to, one of H. M.'s justices of the peace acting for the said division [or city, &c.], for a summons to be served upon one —, and the said justice thereupon issued his summons to the said appear at a petty session to be holden on the - day of, in the year, &c. for the said division [or city, &c.], 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 —, and that the said having then applied to the said justices in petty sessions assembled for an order upon the said, according to the form of the statute in such case made and provided, and it having been then proved to the said justices, that the said child was since [or within six calendar months before] 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, &c., 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 -9 and the evidence of the said -, 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 the case, did order that the said should pay unto, mother of the said child, so long, &c. [see ante, p. 54], or to person who,&c. [see ante, p. 55]: And whereas the said hath not married since the making of the said order, but hath lately ¢ and the said child is still alive, and under the age of thirteen: Now we, two of H. M.'s justices of the peace acting in and for the county [or city, &c.] of—, do hereby order and appoint one of, in the county [or city, &c.], 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 [or city, &c.,] of —, this day of, in the year of our Lord — 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. BILLS OF EXCHANGE AND PROMISSORY NOTES. THE 8 & 9 W. 3, c. 17, is the first statute on the subject of bills of exchange, regulating the payment of the same, and the proceedings to be taken on their a Insert the words "in custody of the constable," or "according to the exigency of a recognizance duly entered into by him on the last," as the case may be. day of b This form must be completed in regard to the recitals, by reference to the order of the justices. e 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. BILLS OF EXCHANGE AND PROMISSORY NOTES. 59 dishonour; and the 3 & 4 A., c. 9, extends the remedy to promissory notes; the 9 G. 4, c. 24, regulates bills and notes in Ireland; the 39 & 40 G. 3, c. 42, amended and extended by 7 & 8 G. 4, c. 15; 2 & 3 W. 4, c. 98; 6 & 7 W. 4, c. 58, regulates the payment of bills or notes falling due on Sunday, Good Friday, or Christmas Day; the 1 & 2 G. 4, c. 78, regulates the mode of accepting inland bills of exchange. The negotiation of bills and notes under a certain amount is restrained by different statutes, as the 17 G. 3, c. 30; 48 G. 3, c. 88; 7 G. 4, c. 46, which last Act restricts the sum to 5l.; the negotiation of small notes in England that have been issued in Scotland and Ireland is prevented by the 9 G. 4, c. 65, see Dig. Parts I. and II., tit. BILLS, &c. The last Bank Charter Renewal Act, 7 & 8 V., c. 32, regulates the issue of bills and notes by the Bank of England, and also by bankers, see ante, p. 33. The 31 G. 3, c. 25; 37 G. 3, c. 136; 43 G. 3, c. 127; 55 G. 3, c. 184, contain several provisions respecting the stamping of bills and notes, particularly the last, which fixes the amount of the stamp, see Dig. Part II., p. 236, et seq. By the 9 G. 4, c. 14, s. 13, no indorsement on a bill or note is to be proof of payment, so as to take the case out of the statute of limitations; and by the 3 & 4 W. 4, c. 42, s. 12, names written with initials on bills and notes are declared sufficient to designate the persons in certain actions, see Dig. Part II., tit. AMENDMENT (LAW); Part III., tit. LIMITATIONS. The Larceny Act, 7 & 8 G. 4, c. 29, s. 49, provides against the embezzlement of bills or notes; the Forgery Act 11 G. 4 & 1 W. 4, c. 66, provides against the forgery of bills or notes, see Dig. Part I., tit. BILLS. The 4 & 5 W. 4, c. 41, alters the law as to bills or notes given for gaming considerations, ib. Part III., tit. GAMES, GAMING. The law of usury as regards bills or notes is restricted by the 58 G. 3, c. 93; 3 & 4 W. 4, c. 98, s. 7; and 7 W. 4 & 1 V. c. 80, see Dig. Part I., BILLS, tit. CONSIDERATION, USURY. These two last have been amended and extended by the 2 & 3 V., c. 37 ; 8 & 9 V., c. 102, see INFRA. 2 & 3 V., c. 37, Amending 7 W. 4 & 1 V., c. 80, as to Bills of Exchange and Promissory Notes. Sect. 1.-Recites 7 W. 4 & 1 V., c. 80, and provides that no bill of exchange made payable at or within twelve months, or not having more than twelve months to run, nor any contract for the loan or forbearance of money above the sum of 101., shall by reason of any interest taken thereon, be void, nor shall the liability of any person be affected by reason of any statute against usury, nor shall any person or body politic drawing, accepting, or endorsing any such bill, or lending or advancing or forbearing any money as aforesaid, or taking more than the present rate of legal interest in G. B. and Ire. respectively, be subject to any penalties under any statute or law relating to usury, or to any other penalty or forfeiture. Sect. 2.-Nothing in this Act contained shall be construed to enable any person to claim in any court of law or equity, more than five per cent. interest on any account, or on any contract or engagement, notwithstanding they may be relieved from the penalties against usury, unless it appears to the Court that any different rate of interest was agreed on between the parties. Sect. 3.-Nothing herein contained shall extend or be construed to repeal or affect any statute relating to pawnbrokers, but that all laws concerning pawnbrokers shall remain in full force and effect, to all intents and purposes whatsoever, as if this Act had not been passed. Sect. 4.-Act shall continue in force until 1st Jan. 1842, cont. 8 & 9 V., c. 102, see INFRA. After reciting 2 & 3 V., c. 37, it is provided that the recited Act shall continue until the 1st Jan. 1851. |