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Precedents of Warrants.
' and carnal knowledge of her (between such times) and to be the only
' Father of the said Bastard-Child, &c. and therefore we do order and
' adjudge him to be the reputed Father of the said Child. |
Chap. 174. |
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' We do farther order as followeth: First,
that the said K. shall keep
' her said Child until it come to 8 years of age. |
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' Secondly, that the said T. S. upon notice
of this Order, shall, after
' such notice, pay into the hands of one of the Overseers of the Poor of
' W. (for the time being) after the rate of 00 every week,
to be paid
' monthly every year, towards the relief of the said Child, until it comes
' to 8 years of Age. |
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' Thirdly, that after the said Child shall come
to 8, &c. that the said
' T. S. pay to the Overseers, &c. 5 l. toward the putting
out of the same
' Child to be Apprentice, &c. |
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' Fourthly, that the said T. S. presently
give good Security to one of
' the Overseers, &c. to perform this our Order.
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Touching the Order of the Justices next the place according
to
18 El. 3. Observe:
" 1. THat if the party appeal to the next Sessions,
and the Justices
" there make an Order thereupon, it is final, and cannot be altered
" by any after Sessions. And this is expressly resolved in Pridgions
" Case, Jones 330. & Cr. Car. 1. |
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" 2. It must appear by the Order that the
Justices of Peace making the
" Order, are the next Justices of Peace to the Parish Church where the
" Child was born, and that one of them is of the Quorum. Styles
154. |
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" 3. It must appear that the Child was a Bastard,
and born in the Parish,
" towards whose relief provision is made thereby, and an Order for
" that cause was quashed. H. 1652. Br. R. Styles
p. 368. |
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" 4. The payment must be made to continue
so long time as the Child
" shall be chargeable to the Parish, and if not so made it is void, Styles
154.
" for the party may take it and keep it himself: and where the Mother
is
" able, the Justices have nothing to do in the Case. |
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" 5. The Justices of Peace may adjudge a reasonable
Sum in gross to be
" paid to the Parish for the charge of the Womans lying in; and this I
" have know often ruled good. |
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" 6. None else can be made chargeable to the
keeping of it, but the reputed
" Father or Mother, and the Master for suffering it to be begot in
" his House. |
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" 7. It must be positively declared and adjudged
who is the Reputed
" Father, and not to repeat what Witnesses say, or what the Mother saith;
" but the Order must be positive and absolute, for it is a Judgment in
the
" Case, and every Judgment must be positive and certain. |
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" By 3 Car. 1. the Justices of Peace in Sessions
have the same Authority
" given them, as was given the two next Justices by 18 El. 3. and
" the same Rules are to be observed in drawing their Order mutatis mutandis.
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Where a Maid Servant is gotten with child, and from thence sent
to her place of Birth.
FOrasmuch as I. M. for the space of
years now last past hath
dwelt in the Parish of W. (in the County of E.) and being
there setled
in Service with T. B. of W. aforesaid, who was gotten with
child, |
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