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Fort Havoc (Wallace Hale)

Info The language of the text is the original used by Wallace Hale. Records acquired by the Provincial Archives are not translated from the language in which they originate.

CAP. III.

An ACT to provide for the Maintenance of Bastard Children.

Preamble.

WHEREAS the laws now in being are not sufficient to provide for the security, and indemnification, of the several Parishes in this Province, from the great charges frequently arising from Children begotten and born, out of lawful Matrimony; for remedy thereof,

If any woman being delivered of a Bastard Child, or being with Child, likely to be born a Bastard, and chargeable to a Parish, shall on examination before a Justice charge any person with having gotten her with Child, such Justice on application to issue a Warrant against the person so charged, and to commit him to Gaol, unless he give security.

18 Eliz. c. 3.

I. Be it enacted by the Lieutenant Governor, Council, and Assembly, That if any single woman shall be delivered of a Bastard Child, which shall be chargeable or likely to become chargeable to any Parish, or shall declare herself to be with Child, and that such Child is likely to be born a Bastard, and to be chargeable to any Parish, and shall in such case, in an examination to be taken in writing, upon Oath, before any one or more Justice or Justices of the Peace of any County, or of the City and County of Saint John, wherein such Parish shall lie, charge any person with having gotten her with Child, it shall and may be lawful to and for such Justice or Justices, upon application made to him, or them, by the Overseers of the Poor of such Parish, or by any one of them, to issue out his or their warrant or warrants, for the immediate apprehending such person so charged as aforesaid, and for bringing him before such Justice or Justices, or before any other of His Majesty's Justices of the Peace of such County, or of the City and County of Saint John, as the case may be; and the Justice or Justices before whom such person shall be brought, is and are hereby authorized, and required, to commit the person so charged as aforesaid to the common Gaol, or House of Correction of such County, or City and County, unless he shall give security to indemnify such Parish, or shall enter into a recognizance, with sufficient surety, upon condition to appear at the next General Sessions of the Peace to be holden in and for such County, or City and County, and to abide and perform such order, or orders, as shall be made in pursuance of an Act of Parliament, passed in the Eighteenth Year of the Reign of Her Majesty Queen Elizabeth, concerning Bastards begotten and born out of lawful Matrimony.

If the woman die, or marry or miscarry, or appear not to have been with Child, the person to be discharged.

II. Provided nevertheless and be it enacted, That if the woman so charging any person as aforesaid shall happen to die, or be married, before she shall be delivered, or if she shall miscarry of such Child, or shall appear not to have been with Child at the time of her examination, then and in any case of the said cases, such person shall be dischrged from his recognizance at the next General Sessions of the Peace to be holden for such County, or City and County, or immediately released out of custody, by warrant under the hand and seal, or hands and seals, of any one or more Justice or Justices of the Peace residing in or near the limits where such Parish shall lie.

Justices of the Peace, upon application of any person committed, to summon the Overseers of the Poor to shew cause why he should not be discharged, and if no order made within Six weeks after the delivery of such woman, to discharge him.

III. Provided also, and be it enacted, That upon application made by any person who shall be committed to any Gaol or House of Correction, by virtue of this Act, or by any person in his behalf, to any Justice or Justices residing in or near the limits where such Parish shall lie, such Justice or Justices is and are hereby authorized, and required, to summon the Overseer or Overseers of the Poor of such Parish, to appear before him or them, at a time and place to be mentioned in such summons, to shew cause why such person should not be discharged: And if no order shall appear to have been made, in pursuance of the said Act of the Eighteenth Year of the Reign of Her Majesty Queen Elizabeth, within Six Weeks after such woman shall have been delivered, such Justice or Justices shall and may discharge him, from his imprisonment, in such Gaol or House of Correction, to which he shall have been committed.

Justices not to send for any woman or compel her to answer questions before her delivery, nor in one month after.

IV. Provided always, and be it further enacted, That it shall not be lawful, for any Justice or Justices of the Peace, to send for any woman whatsoever before she shall be delivered, and in one Month after, in order to her being examined concerning her pregnancy, or supposed pregnancy, or to compel any woman, before she shall be delivered, to answer to any questions relating to her pregnancy; any Law, Usage, or custom, to the contrary notwithstanding.

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C. 3. Anno XXXII. Geo. III. A. D. 1792.

Index

Preamble.		WHEREAS the laws now in being are not sufficient to provide for the security, and indemnification, of the several Parishes in this Province, from the great charges frequently arising from Children begotten and born, out of lawful Matrimony; for remedy thereof,
If any woman being delivered of a Bastard Child, or being with Child, likely to be born a Bastard, and chargeable to a Parish, shall on examination before a Justice charge any person with having gotten her with Child, such Justice on application to issue a Warrant against the person so charged, and to commit him to Gaol, unless he give security. 18 Eliz. c. 3.		I. Be it enacted by the Lieutenant Governor, Council, and Assembly, That if any single woman shall be delivered of a Bastard Child, which shall be chargeable or likely to become chargeable to any Parish, or shall declare herself to be with Child, and that such Child is likely to be born a Bastard, and to be chargeable to any Parish, and shall in such case, in an examination to be taken in writing, upon Oath, before any one or more Justice or Justices of the Peace of any County, or of the City and County of Saint John, wherein such Parish shall lie, charge any person with having gotten her with Child, it shall and may be lawful to and for such Justice or Justices, upon application made to him, or them, by the Overseers of the Poor of such Parish, or by any one of them, to issue out his or their warrant or warrants, for the immediate apprehending such person so charged as aforesaid, and for bringing him before such Justice or Justices, or before any other of His Majesty's Justices of the Peace of such County, or of the City and County of Saint John, as the case may be; and the Justice or Justices before whom such person shall be brought, is and are hereby authorized, and required, to commit the person so charged as aforesaid to the common Gaol, or House of Correction of such County, or City and County, unless he shall give security to indemnify such Parish, or shall enter into a recognizance, with sufficient surety, upon condition to appear at the next General Sessions of the Peace to be holden in and for such County, or City and County, and to abide and perform such order, or orders, as shall be made in pursuance of an Act of Parliament, passed in the Eighteenth Year of the Reign of Her Majesty Queen Elizabeth, concerning Bastards begotten and born out of lawful Matrimony.
If the woman die, or marry or miscarry, or appear not to have been with Child, the person to be discharged.		II. Provided nevertheless and be it enacted, That if the woman so charging any person as aforesaid shall happen to die, or be married, before she shall be delivered, or if she shall miscarry of such Child, or shall appear not to have been with Child at the time of her examination, then and in any case of the said cases, such person shall be dischrged from his recognizance at the next General Sessions of the Peace to be holden for such County, or City and County, or immediately released out of custody, by warrant under the hand and seal, or hands and seals, of any one or more Justice or Justices of the Peace residing in or near the limits where such Parish shall lie.
Justices of the Peace, upon application of any person committed, to summon the Overseers of the Poor to shew cause why he should not be discharged, and if no order made within Six weeks after the delivery of such woman, to discharge him.		III. Provided also, and be it enacted, That upon application made by any person who shall be committed to any Gaol or House of Correction, by virtue of this Act, or by any person in his behalf, to any Justice or Justices residing in or near the limits where such Parish shall lie, such Justice or Justices is and are hereby authorized, and required, to summon the Overseer or Overseers of the Poor of such Parish, to appear before him or them, at a time and place to be mentioned in such summons, to shew cause why such person should not be discharged: And if no order shall appear to have been made, in pursuance of the said Act of the Eighteenth Year of the Reign of Her Majesty Queen Elizabeth, within Six Weeks after such woman shall have been delivered, such Justice or Justices shall and may discharge him, from his imprisonment, in such Gaol or House of Correction, to which he shall have been committed.
Justices not to send for any woman or compel her to answer questions before her delivery, nor in one month after.		IV. Provided always, and be it further enacted, That it shall not be lawful, for any Justice or Justices of the Peace, to send for any woman whatsoever before she shall be delivered, and in one Month after, in order to her being examined concerning her pregnancy, or supposed pregnancy, or to compel any woman, before she shall be delivered, to answer to any questions relating to her pregnancy; any Law, Usage, or custom, to the contrary notwithstanding.