Bastard

An illegitimate child; a chlld born of an unlawful intercourse, and while its parents are not united in marriage. Timmins v. Lacy, 30 Tex. 135; Miller v. Anderson, 48 Ohio St. 473, 3 N. E. 605, 54 Am. Rep. 823; Pettus v. Dawson, 82 Tex. 18, 17 S. W. 714; Smith v. Perry, 80 Va. 570. A child bom after marriage, but under circumstances which render it impossible that the husband of his mother can be his father. Com. v. Shepherd, 6 Bin. (Pat) 283, 6 Am. Dec. 449. One begotten and born out of lawful wedlock. 2 Kent, Comm. 208. One born of an lllicit union. Civ. Code La. arts. 29, 199. A bastard is a child born out of wedlock, and whose parents do not subsequently intermarry or a child the issue of adulterous intercourse of the wife during wedlock. Co.de Ga. 1882, § 1797.

— Bastard eigne. In old English law. Bastard elder. If a child was barn of an. illicit connection, and afterwanis the parente intermarried and had another son. the elder was called "bastard eigne," and the younger, "mulier puisne," i. e., afterwards bom of the wife. See 2 Bl. Comm. 248.

— Special bastard. One barn of parents before marriage, the parents afterwanis intermarrying. By the civil and Scotch law he would be then legitimated.

An illegitimate child; a child born of an unlawful intercourse, and while its parents are not united in marriage. A child born after marriage, but under cireumstances which render it impossible that the husband of his mother can be his father. 6 Bin. 283. One begotten and bora out of lawful wedlock. 2 Kent, Comm. 208, One born of an illicit union. Civil Code La. arts. 29, 199. A bastard is a child born out of wedlock, and whose parents do nol subsequently intermarry, or a child the issue of adulterous intercourse of the wife during wedlock. Code Ga. 1882, § 1797.

'" 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.

Li the common law, a person bom out of matrimony, or under circumstances which render it impossible for him to have been the son of the husband. Bastard-eigne,/-..- the son of two unmarried persons who afterwards intermarry and have another son. The latter was called mulier puisne. Bastardus nullius est filius; aut filius populi: a bastard is no man's son; or the son of the people.

[L. Lat. bastardus, from Brit, bastard, illegitimate; or according to Spelman from Germ, bastart, which he derives from bas, low, and metaphorically, spurious, impure, base; and start, Sax. steort, sprung, risen.] Of spurious origin, {impure editus;) base or low bom. An illegitimate child; one that is not only begotten, but bom out of lawful matrimony; [one who is bora of an il Uci t union.] Though the law is not so strict as to reqmre that a child shall be begotten, it makes it an indispensable condition to render it legitimate that it shall be horn after lawful wedlock. 1 Bl Com. 454. 2 Id. 247. See 2 Kent's Com. 208. 4 Id. 413. 1 Beeves* Hist. Eng.Law, 117, note. A child bom after marriage, but under circumstances which render it impossible that the husband of his mother can be his father. 6 ^inn. 283. -5ac. ^6r. Bastardy, A. Bouvier. A child bom beyond a competent time after the coverture has determined by divorce, or the death of the husband. Id. 2 Stark. Evid. 196, et seq.