Penalty for purchasing Clothes, &c. from any Ma rine. or Refusal any Sum not exceeding Five Pounds nor less tha Forty Shillings. LVIII. And be it enacted, That any Person who shall detai buy, or exchange, or otherwise receive from any Marine, or Ma rine Deserter, or any other Person, upon any Account or Pretend whatsoever, or shall solicit or entice any Marine, or shall be em ployed by any Marine, knowing him to be such, to sell any Arm Ammunition, Marine Clothes, or Military Furniture, or any othe Articles which, according to the Custom of the Marine Corps, ar generally deemed Regimental Necessaries, or any Provision: Sheets, or other Articles used in Barracks or provided unde Barrack Regulations, or who shall have in his or her Possession o Keeping any Arms, Ammunition, Marine Clothes, or Military Furniture, or any other Articles which, according to the Custon of the Marine Corps, are generally deemed Regimental Neces saries, or any Provisions, Sheets, or other Articles used in Bar racks or provided under Barrack Regulations, and shall not give a satisfactory Account how he or she came by the same, or shall change or cause the Colour or Mark of any such Clothes, Appoint ments, or Necessaries to be changed or defaced, shall forfeit for every such Offence any Sum not exceeding Twenty Pounds, together with Treble the Value of all or any of the several Articles of which such Offender shall so become possessed; and if any Person having been so convicted shall afterwards be guilty of any such Offence, and shall be convicted thereof by One or more Justices of the Peace, every such Offender shall for every such Offence forfeit any Sum not exceeding Twenty Pounds but not less than Five Pounds, and the Treble Value of all or any of the several Articles of which such Offender shall have so become possessed, and shall, in addition to such Forfeiture, be committed to the Common Gaol or House of Correction, there to be imprisoned only, or to be imprisoned and kept to hard Labour, for such Term not exceeding Six Calendar Months as the convicting Justice or Justices shall think fit; and upon any Information against any Person for a Second or any subsequent Offence, a Copy of the Conviction, certified by the proper Officer having the Care or Custody of such Conviction, or any Copy of the same proved to be a true Copy, shall be sufficient Evidence to prove a Conviction for the former Offence; and if any credible Person shall prove, on Oath before a Justice of the Peace or Person exercising like Authority according to the Laws of that Part of Her Majesty's Dominions in which the Offence shall be committed, a reasonable Cause to suspect that any Person has in his or her Possession or on his or her Premises any Property of the Description herein-before described, on or with respect to which any such Offence shall have been committed, the Justice may and he is hereby required to grant a Warrant to search for such Property as in the Case of stolen Goods; and if upon Search any such Property shall be found, the same shall and may be seized by the Officer charged with the Execution of such Warrant, who shall bring the Offender in whose Posses sion the same shall be found before such Justice, to be dealt with according to Law. SCHE Any distinctive Mark. to it. I Peace of said one of Her Majesty's Justices of the do hereby certify, That the ; above is the Description of the Recruit САР. Х. An Act to make certain Provisions for Proceedings in [8th May 1845.] WHEREAS divers Questions have been raised as to the Bastardy. Validity of certain Orders in Bastardy made by Justices under the Act of the last Session of Parliament, intituled An Act 7 & 8 Viet.c.101. for the further Amendment of the Laws relating to the Poor in England, which Questions are wholly beside the Merits of the cording to the Schedule hereto Cases; and it is desirable to remove such Questions, and to prevent the Recurrence of the same or similar Questions in future: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parlia ment assembled, and by the Authority of the same, That where Proceedings in any Proceedings have been had or taken before the passing of this Bastardy ac Act, or shall hereafter be had or taken in Matters of Bastardy Forms in the under the Provisions of the said recited Act, and shall have been set forth according to the Forms in the Schedule hereunto annexed, valid. 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 such Order, or apply to any Order heretofore made or professed brought before them on Appeal against any to have been made under the said Act, which shall have been Peace, or in respect whereof any Writ of Certiorari shall have been sued out of the Court of Queen's Bench, and served before Appeal to any General or Quarter Session of the Merits of any Case quashed on D 2 the may apply again within Six Calendar Months. the Twenty-sixth Day of February last, or in place whereof an other Order shall have been made. Mother, when II. And be it enacted, That when any Order made under th Order has been Provision of the said Act prior to the passing of this Act shal quashed for Defect in Form, have been or shall be quashed for any Defect therein, and not upo the Merits, it shall be lawful for the Mother of the Bastard Chil in whose Favour such Order shall have been made to take Pro ceedings for the obtaining of another Order, according to the Provisions of the said Act, at any Time within the Space of Si 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. Form of Re. cognizance to be given by the putative Father. Provision as to the Mode of Proceeding in Cases of Applications by Women who are pregnant. III. And whereas Power is given by the said Act to the pu 'tative Father to appeal against an Order made upon him by the Justices in Petty Session assembled, giving Notice of Appeal as therein specified, and also sufficient Security, by Recognizance or ' otherwise, for the Payment of Costs, to the Satisfaction of some one Justice of the Peace;' be it enacted, That the Condition of any such Recognizance shall be for the Appearance of the said putative Father at such General Quarter Session of the Peace as is required by the said Act, and his Trial of the Appeal thereat, and the Payment of such Costs as he shall be then and there ordered to pay; and that in respect of any Order to be made after the passing of this Act, the Party entering into any such Recognizance shall forthwith give or send a Notice in Writing of his having so entered into such Recognizance to the Woman in whose Favour the said Order shall have been made, and unless he shall enter into the Recognizance before One of the Justices who shall have made the Order, to One at least of such Justices; and in default of his giving or sending such Notice or Notices as aforesaid the Appeal shall not be allowed; provided that the sending of such Notice or Notices by the Post shall be taken to be sufficient. IV. And whereas it is enacted by the said Act, that any single Woman who may be with Child may apply to a Justice of the Peace as therein described for a Summons to be served upon the Man alleged by her to be the Father of such Child, and that such Justice shall thereupon issue his Summons to such Man to appear at a Petty Session, as therein also set forth, and Power is given to such Woman, after the Birth of the Child, to apply to the Justices at such Petty Session for an Order upon the Person so alleged by her to be the Father of such Child; but Doubts are entertained as to the Time which shall be fixed by such Justice for the Appearance of the said Man so summoned at Petty Session, and it is desirable to remove the same:' Be it therefore enacted, That the said Justice to whom any Application shall be made by any such Woman being pregnant shall summon the Man to appear at some Petty Session at which he usually acts to be held on a Day after the Time when the said Mother shall expect the Child to be born, provided that if on such Day the Woman shall not have been delivered, or the Justices shall be satisfied that she has been delivered at so short a Period before such Day that she cannot appear at the said Session, it shall be lawful for the Justices thereat to adjourn the hearing of the said Case Case until some other Day, and so from Time to Time until the Child shall have been born, and the Woman shall be able to attend at the said Session; and it shall be lawful for the Justices at their Petty Session to make an Order in respect of any such Application so made by such Woman so pregnant to a Justice as aforesaid, if she apply at such Petty Session within the Space of Two Calendar Months from the Birth of the Child, although more than Forty Days shall have elapsed from the Time when the Summons was served upon the alleged Father, or was left at kis last Place of Abode. V. And be it enacted, That if at any Time before the hearing Putative Father of the Appeal the putative Father who shall have entered into may abandon any such Recognizance shall give Notice in Writing of his Aban- his Appeal, and his Recognidonment of the Appeal, to the Mother of the Child in whose zance shall not Favour the Order shall have been made, and to the Justice or be estreated. Justices before whom the said Recognizance shall have been taken, and shall pay or tender to the said Mother all Sums then due under the said Order, and such Costs and Expences as she shall have incurred by reason of such Notice of Appeal, the said Recognizance so entered into by the said putative Father shall not be estreated, nor in any manner put in force or otherwise pro ceeded with. VI. And whereas by the said recited Act it is enacted, that The Mother of where any Woman shall apply to the Justices at a Petty Session the Bastard for an Order upon the Person whom she shall allege to be the Father of her Bastard Child, such Justices shall hear the Evi Child to be examined by the Court of dence of such Woman, and such other Evidence as she may Quarter Sesproduce, and shall also hear any Evidence tendered by or on sions on Appeat behalf of the Person alleged to be the Father, and if the Evidence against the tardy; but no of the said Mother be corroborated in some material Particular Order in Basby other Testimony to the Satisfaction of the said Justices, they Order to be may make such Ŏrder as is therein set forth: And whereas confirmed unPower is thereby given to the putative Father to appeal to the less her EviGeneral Quarter Sessions of the Peace against such Order, but dence is corroit is not therein set forth what Evidence the said General borated. Quarter Sessions shall or may hear on the Trial of such Appeal, and Doubts have been raised as to whether the said Mother can be heard by the said Court of Quarter Sessions;' be it therefore enacted, That on the Trial of any such Appeal before any Court of Quarter Sessions the Justices therein assembled, or the Recorder, (as the Case may be,) shall hear the Evidence of the said Mother, and such other Evidence as she may produce, and any Evidence tendered on behalf of the Appellant, and proceed to hear and determine the said Appeal in other respects according to Law, but shall not confirm the Order so appealed against unless the Evidence of the said Mother shall have been corroborated in Some material Particular by other Testimony, to the Satisfaction of the said Justices in Quarter Session assembled, or the said Recorder. VII. And be it enacted, That it shall be lawful for any Woman Parties may be who shall apply to the Justices at any Petty Session for any such heard at the Order as aforesaid to be assisted in her Application by Counsel or Petty Session Attorney, and for any Person summoned under the said Act to by Counsel or appear at any such Petty Session as the alleged putative Father. Attorney. Default of sufficient Distress within the Jurisdiction of the Justices to warrant the Commitment to Prison. 5 G. 4. c. 18. Magistrates of Police Courts may act alone in Cases of Bastardy, "Petty Sessional Divi sion," what to include. 9 G. 4. c. 43. to appear and make his Answer thereto by Counsel or Attorney; and it shall be lawful for either of such Parties to have all Witnesses examined and cross-examined by such Counsel or Attorney. VIII. And whereas it is provided in the said first-recited Act, that if Default be made by the putative Father in payment of the Sums ordered to be paid to the Mother of a Bastard Child, any Justice may by Warrant cause such putative Father to be brought before any Two Justices; and it is further provided, that such Two Justices may by Warrant direct the Sum ap'pearing to be due under any such Order, and the Costs, to be recovered by Distress and Sale of the Goods and Chattels of such putative Father; and if upon the Return of such Warrant, or if, by the Admission of such putative Father, it appears that no sufficient Distress can be had, then any such Two Justices may ( cause such putative Father to be committed to Prison: And whereas Doubts have been entertained whether such Power of ⚫ Committal exists where it is shown that the putative Father has 'Goods and Chattels whereon a Distress might be levied, but the same are not within the Jurisdiction of such Justices;' be it therefore declared and enacted, That the said Justices are and shall be empowered to commit any such putative Father to Prison, according to the Provisions of the said Act, if it appear on the Return of such Distress Warrant, or on the Admission of the putative Father, that no sufficient Distress can be had on any Goods and Chattels within the Jurisdiction of the Justices before whom he shall have been brought on such Warrant of Apprehension. IX. And be it declared and enacted, That any One Magistrate of the Police Courts of the Metropolis, sitting at a Police Court within the Metropolitan Police District, has and shall have full Power to issue Summonses for the Appearance of Parties and Witnesses before such Police Court, and to do alone any other Thing in any Matter of Bastardy arising under the said Act, within those Parts of the said District for which a Police Court has been or shall be established, which may be done by any Justices at a Petty Session holden for their several Petty Sessional Divisions in any such Matter arising within their Divisions respectively, and that the Sitting of such Magistrate at such Police Court shall be within all the Provisions of the said Act and of this Act concerning a Petty Session of Justices. X. And be it enacted, That the Term "Petty Sessional Division" in the said Act and this Act shall be taken to include any Division of a County, Riding, or Division having a separate Commission of the Peace in which One or more Petty Sessions have been or shall be usually held, or any Division for the holding of Special Sessions formed or to be formed under the Provisions of the Act of the Ninth Year of the Reign of His late Majesty King George the Fourth, intituled An Act for the better Regulation of Divisions in the several Counties of England and Wales, or of the Act of the Sixth Year of the Reign of His late Majesty amending the same; and that where there are Two or more Petty Sessions usually held in any such Division, or where any Justice acts for Two or more of such Divisions, he shall require the Party whom he shall summon under the Authority of |