This recognizance may therefore on application to the court, by a motion grounded on the justice's certificate, be either respited or discharged,

If the woman die before delivery, or miscarry, or prove not to be with child, or if no order of filiation shall be made within six weeks after her delivery, the reputed father shall be discharged. 6 Geo. II. c. 31. But in the latter case an order may be afterwards made, and previous to his discharge the overseers should be summoned to shew cause why he should not be discharged.

The recognizance entered into by the sureties being estreated into the Exchequer, in case the order of filiation and maintenance is disobeyed by the reputed father, and consequently of no benefit to the parish, it is therefore most adviseable to take a bond of indemnity, if it can be obtained.

No woman shall be compelled to appear and be examined till she shall have been delivered one month; but if she voluntarily offers, and does swear to the father of the child, before its birth, a warrant may issue against him.

By 18 Eliz. c. 3. the two next justices of the peace where a bastard is born, may charge the reputed father and mother with its maintenance, or on default commit them; and by 13 and 14 Car. II. c. 12. the parish officers, by order of justices, may seize the goods or rents of lands of the father or mother of a bastard towards its maintenance.

The act of 7 James I. c. 4. inflicting twelve months imprisonment on the mothers of bastards, for the first offence, and unlimited imprisonment in default of sureties for the second, is modified by 50 Geo. III. which limits the duration of the imprisonment to twelve months, and not less than six weeks.

The magistrate, on the reputed father being brought before him on a warrant, under 6 Geo. II. has no power to determine on the merits, but is bound to take recognizance or commit, unless the parish is indemnified. The recognizance is to

abide the order of the next sessions; but as it is unusual for the quarter sessions to make an order of filiation, two magistrates, under the authority of the statute of Elizabeth, may make it, notwithstanding the father is under recognizance to appear at the sessions; and the order of filiation, if made by two magistrates out of sessions, should be filed at the sessions.

The putative father should be summoned to appear previous to an order of filiation being made, Rex v. Cotton, 1 Sess. Ca. 179. and such summons is regular if issued by a third justice; and it is not necessary to the validity of the order, that the putative father should be present, 1 Bott. 482, pl. 638. nor that the mother should be examined in his presence. Ibid.

Two magistrates should be present on the taking -the woman's examination, and also on her commit

ment for refusing to be examined.-Billings v. Prinn, 2 Black. Rep. 1017.

An order of filiation and maintenance may be made at any time after the child is born, and even after the mother's death; but not after the father's. The order for maintenance may be made upon the father or mother, or both, Comb. 232.— 11 Mod. 178. and a copy should be personally served on the party. It may be made for all the charges and expenses incident to the birth of the child, for securing and apprehending the father, making the order of filiation, &c. not exceeding £10. in the whole; 49 Geo. III. c. 68. s. 1. such charges to be ascertained on oath before the justices making the order, or the court of quarter sessions; and if the reputed father, or mother (if made on her) shall neglect or refuse to pay any such sums, according to the order made, any justice of the peace of the county &c. in which such reputed father &c. shall happen to be, on complaint of the overseers of the parish liable to the maintenance of the child, or where such bastard child or children shall then be, on proof on oath of such sum being unpaid, and of demand and refusal to pay, or that such reputed father &c. had left his place of abode and had avoided a demand, to issue his warrant to apprehend such reputed father &c. and bring him before such justice, or any other justice of the county &c. to answer such complaint; and if the money so due is not forth

with paid, or good cause shewn for non-payment, the said justice may commit such reputed father or mother to the house of correction or common gaol for three months to hard labour, unless the demand be sooner paid. s. 3.

A child dead-born is not within the provision of the statutes relating to bastards, and consequently no order of filiation for the payment of expenses incurred can be made. 14 E. R. 277.

The order of filiation, to be valid, must state the authority of the justices, the examination of the woman on oath, the name (if it has one) and sex of the child, that it was born in the parish for whose relief the order is made, that it is, or is likely to become chargeable,-must adjudge the party to be the reputed father, and specify the sum to be paid weekly, or otherwise, and should restrict the maintenance to the time the child is chargeable.

An appeal lies to the quarter sessions against any order, under 49 Geo. III. c. 68. not originating with the quarter sessions, on giving ten days clear notice before such sessions, to the justices making the order, and to the parish officers on whose behalf the order was made, of the cause and matter of such appeal; and the appellant entering into recognizance within three days after such notice before some justice of the peace to try such appeal, the decision of the sessions shall be final, binding, and conclusive on all parties. 49 Geo. III.

s. 6,7. But an appeal lies from the quarter sessions to the King's Bench against an order of filiation and the respondents are to begin by supporting their order. 12 East. 50.

If the parish officers take a bond to indemnify the parish, they can recover, by action of debt, such sum as they have expended in the maintenance of the child, and no more; and the reputed father on payment of the penalty in the bond, is released from the future maintenance of the child, the parties having by this proceeding ascertained the damage by consent; 2 Black. Rep. 1190. and the parish officers can recover on the bond, notwithstanding no justice's order of maintenance had been made for the child;-but the father may, if he pleases, maintain the child, and the parish cannot require him to pay while it is in his own keeping. Rex v. Cornforth, 1 Bott. 459.

In no case can parish officers legally take a sum in gross, to indemnify the parish against a bastard child; Cole and another v. Gower and another, Hil. Term, 45 Geo. III. and in the event of the child's death, an action will lie against the officers to recover back so much of the money as hath not been reasonably expended.

By 35 Geo. III. c. 101. s. 6. Every unmarried woman with child, shall be taken to be actually chargeable to the parish in which she shall inhabit, and may be removed as such to her last legal settlement; and in case any order of removal ob