Acts. 79

No. 2 An Act directing the Manner of punishing Fornication and Adultery
before a single Justice of the Peace, out of Court.
Whereas it is found by Experience, that much Time is taken up
in carrying on Prosecutions against Persons committing Fornica-
tion and Adultery, to the great Delay of the other Criminal, as well
as the Civil, Business, which is much increased of late.

Liber B. L. C.
p. 557

[Preamble.]

Be it therefore Enacted by the Right Honourable the Lord Pro-
prietor, by and with the Advice and Consent of his Lordship's
President, and the Upper and Lower Houses of Assembly, and the
Authority of the same, That from and after the first Day of October
next, it shall and may be lawful for any Justice of the Peace, in the
County where any white Bastard Child shall be born, and such
Justice is hereby required, upon Information had thereof, to issue
his Warrant, directed to some Constable of the said County, against
the Mother of such Bastard Child, and also against the Father of
such Child, upon Oath made by the Mother of the said Child, to
cause the Mother and reputed Father of the said Bastard, or either
of them, to be brought before him, or some other Justice of the
Peace for the said County, to answer the same and upon Confession
thereof made by the Mother and reputed Father of such Bastard
Child, or either of them, to proceed to fine such Mother and reputed
Father, or either of them, if for Adultery, the Sum of Five Pounds,

[Justices to
issue War-
rants to
bring before
them the
Parents of
Bastard
Children.]

Current Money, or Eight Hundred Pounds of Tobacco; and if for
Fornication only, the Sum of Thirty Shillings Current Money, or
Two hundred and forty Pounds of Tobacco; as the Case may
happen: But if such Mother and reputed Father, or either of them,
shall deny the Charge, that then and in such Case the Justice shall
not proceed to Judgment thereon, but shall bind over by Recogni-
zance such Mother and reputed Father, or either of them, to the
County Court to be held next for the said County, to answer the
Charge aforesaid, to be there tried according to the due Course and
Order of Law; any Thing in this Act to the contrary in any wise
notwithstanding.

[Fines on
Adultery
and Forni-
cation.]

And be it further Enacted, That in case any Mother of a Bastard
Child shall refuse to discover the Father as aforesaid, then she shall,
over and above the Fine aforesaid for her own Offence, be fined
by the Justice aforesaid, or County Court, as the Case may happen,
in a summary Way, the further Sum of Thirty Shillings Current
Money, or two hundred and Forty Pounds of Tobacco, and be
ordered and adjudged by the Justice aforesaid, or by the County
Court, as the Case may happen, to give good Security to keep such
Bastard Child from becoming a Charge to the County; and for
Want of such Security, she shall by the said Justice, or by the
County Court, as the Case may happen, be committed to the public
Goal of the said County, until she shall willingly do the same: And
in case such Discovery shall be made in Manner aforesaid, then and

[Mothers of
Bastards,
refusing to
discover the
Father, to
pay a double
Fine, Etc.]