Bastard

'" One that is not only begotten, but born, out of lawful matrimony." Such child as is not born either in lawful wedlock, or within a competent time after its determination. !3 One begotten and born out of lawful wedlock." The test is whether the husband of the woman who gives birth to the child is its father.'* In Virginia, one born out of wedlock, lawful or unlawful, or not within a competent time after the coverture is determined; or, if born out of wedlock, whose parents do not afterward intermarry, and the father acknowledges the child; or who is born in wedlock when procreation by the husband is for any cause impossible." Bastardize. To make out to be a bastard, an illegitimate or natural child. > F. barat, traf Bc. ' 2 Bl. Com. 446. » Cooper V. State, 37 Ark. 418 (1881), English, C. J. 'Washington County v. Thompson, 12 Bush, 241 (1877), Cofer, J. » Guerreiro v. Peile, 3 B. & Aid. 616 (1820). « 6 Wheat. 333. ' [2 Bl. Com. 109. e [2 Bl. Com. 62, 6J. » 2 Bl. Com. 148. i»F. bastard! fils de last, son of a packsaddle — muleteers made beds of their saddles,

— Skeat. >"1 Bl. Com. 454. " 2 Bl. Com. 247. 13 2 Kent, SOS. C. 69-70 (1883), Simpson, C. J. Bastardy. The ofifense of begetting an illegitimate child^ also, the condition of being an illegitimate child — illegitimacy. Bastardy process. The statutory mode of proceeding against the putative father of an illegitimate child, to secure maintenance for the child. Bastardy bond. The obligation entered into by such father with the guardians of the poor, conditioned for the payment of the lying-in expenses, maintenance of the child, and, perhaps, such costs as may have been incurred and such fine as has been imposed.' At common law there was no legal liability upon the father to support his bastard child. Now, at the instance of the mother, he can be made support it, by & "bastardy proceeding." '^ A bastard is a filius nu Uius, son of nobody, or filius populi, son of the people. He has no inheritable blood, —,has no heir except of his own body. He m'ay, however, take by bequest or devise. ^ He has a right to maintenance; his settlement is the same as his mother's at his birth; he takes her name, but he may acquire a name by, reputation.* Once a marriage is proven, nothing can impugn the legitimacy of issue short of proof of facts showing it to be impossible that the husband could be the father.^ By the civil law, and statutes in many States, the subsequent marriage of the parents legitimates children born prior thereto. This seems to be the law in Alabama, Georgia. Illinois, Indiana, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, Missouri, Ohio, Pennsylvania, Vermont, and Virginia." See Abandon, 3 (2); Access; Adulterine; Conceal, 4; Filiation; Marriage; Pregnancy.