An act to amend the laws relating to the removal of the poor / Jellinger C. Symons.
- Jelinger Cookson Symons
- Date:
- 1846
Licence: Public Domain Mark
Credit: An act to amend the laws relating to the removal of the poor / Jellinger C. Symons. Source: Wellcome Collection.
34/82 page 18
![7 & 8 Viet, c. 101. Proceedings in bastardy according to the forms in the schedule hereto valid. Mother, when order has been quashed for defect in form, may apply again within six calendar months. Form of re¬ cognizance to be given C. % 8 Vict. Cap. X. An Act to make certain Provisions for Proceedings in Bastardy. [8th May 1845.] Whereas divers questions have been raised as to the validity of certain orders in bastardy made by justices under the act of the last session of parliament, intituled “ An Act for the further Amendment of the Laws relating to the Poor in England,” which questions are wholly beside the merits of the cases; and it is desirable to remove such questions, and to prevent the recurrence of the same or similar ques¬ tions in future : be it therefore enacted by tlie Queen’s most excellent Majesty, by and with the advice and consent ot the lords spiritual and temporal, and commons, in this pre¬ sent parliament assembled, and by the authority ot the same, That where any proceedings have been had or taken before the passing of this act, or shall hereafter be had or taken in matters of bastardy under the provisions of the said recited act, and shall have been set forth according to the forms in the schedule hereunto annexed, or to the like tenor or effect, the same shall be taken respectively to have been and to be valid and sufficient in law ; provided that nothing herein contained shall prevent any court of general quarter sessions from proceeding to hear and determine the merits of any case brought before them on appeal against any such order, or apply to any order heretofore made or professed to have been made under the said act, which shall have been quashed on appeal to any general quarter session of the peace, or in respect whereof any writ of certiorari shall have been sued out of the Court of Queen’s Bench, and served before the twenty-sixth day of February last, or in place whereof any other order shall have been made. II. And be it enacted, That when any order made under the provision of the said act prior to the passing^ ot this act shall have been or shall be quashed for any defect therein, and not upon the merits, it shall be lawful for the mother ot the bastard child in whose favour such order shall have been made to take proceedings for the obtaining of another order, according to the provisions of the said act, at any time within the space of six calendar months after the passing of this act, although the period limited for her application to the justice under the said act shall have expired. III. And whereas power is given by the said act to the putative father to appeal against an order made upon him by the justices in petty session assembled, giving notice of](https://iiif.wellcomecollection.org/image/b29346551_0034.jp2/full/800%2C/0/default.jpg)


