A Digest of the Laws Relating to the Poor
General Books LLC, 2009 - 390 pages
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1821. Excerpt: ... 101. Whatever kind of security the parish officers may think proper to take, the purpose of it is only to insure an indemnity to the parish; and where a person charged with being the father of a bastard gave three promissory notes, any one of which eventually turned out to exceed the actual expences incurred by the parish, to which amount the defendant made a tender (in an action upon the note, ) the Court held that the parish officers were entitled to recover no more than would reimburse them the charges actually incurred. Cole v. Gower, 6 E. R. 110. i. 490. Kirk v. Strickland, Dottg. 449. 102. Upon a subsequent occasion, Gibbs, C. J. expressed his clear opinion, that it was unlawful to undertake to give a sum out and out, in order to indemnify a parish, because it would create an interest in the death of the child. Shutt v. Proctor, 2 Marsh. 226. 103. Where the putative father gave a voluntary bond conditioned for the payment of a certain sum "every three months for so long and until a certain bastard child should be deemed capable of providing for herself," the court said they saw no reason why it should not have effect; that the parties here were not acting under the statute, and as if the bond had been given in order to relieve the party from commitment, and that they were not obliged to comply with its directions; and that there was nothing in the transaction contrary to the general policy of the law, which was the case in the instance of Cole v. Gower. With respect to the words "deemed capable;" by them the court said must be intended till the child should be so deemed by a jury. Middleham v. Belierby, 1 M.$ S. 310. 104. The Court of C. B. held, that a bond conditioned for the payment to overseers of a certain weekly sum, so long as a bastard child s...
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