A.D. 1924. ment of this Act, shall, if he changes his address, give notice thereof as follows: Power for forms of pro ceedings. Validity of orders notwithstanding want of form. Miscel laneous provisions relating to appeals, proceedings, &c. (a) If payment has been ordered to be made to the collecting officer, then to that officer; (b) In any other case to such person or persons, if 5 any, as may be specified in the affiliation order. (2) If any person fails to give such notice as is required under the foregoing provisions of this section he shall be liable upon summary conviction to a fine not exceeding two pounds. 17. The Minister of Health may issue such new or altered forms of proceedings in matters of bastardy as he shall deem necessary or expedient for giving effect to the provisions of this Part of this Act. 10 18. No affiliation order, whether made before or 15 after the commencement of this Act, nor any other order under this Part of this Act, shall be invalid for want of form. 19. (1) An appeal shall lie to a court of quarter sessions in manner provided by the Summary Jurisdiction 20 Acts from any order made by a petty sessional court under this Part of this Act or the Act of 1872 or the Act of 1873, or from a refusal by a petty sessional court to make such an order, or from the revocation, revival, renewal, continuance, or variation of such an order. Upon the hearing of any such appeal the court of quarter sessions may increase or reduce any amount ordered to be paid, but without prejudice to any power of the court of quarter sessions which might have been exercised if this paragraph had not been enacted. 25 30 (2) If at the time appointed for the hearing by a petty sessional court, consisting of two or more justices, of any case under this Part of this Act or the Act of 1872 or the Act of 1873, two justices having jurisdiction to hear the same shall not be present, it shall be lawful 35 for any one justice then present to adjourn the hearing, and in the meantime the said justice may permit the defendant, if he is in custody, to go at large upon his entering into a recognizance with or without sureties conditioned for his appearance at the time and place 40 to which such hearing shall be adjourned. (3) Where in pursuance of any power under this A.D. 1924. Part of this Act a court directs a sum of money to be paid by instalments and default is made in the payment of any one instalment, the same proceedings may be 5 taken as if default had been made in the payment of all the instalments then remaining unpaid. (4) Nothing in this Part of this Act shall prejudice or affect the provisions of section thirty-one of the Criminal Justice Administration Act, 1914, or (subject 4 & 5 Geo. 5. 10 to the provisions of the last cited section) of the first c. 58. paragraph of section fifty-four of the Act of 1879: Provided that notwithstanding anything in the said section fifty-four the provisions of section eleven of the Summary Jurisdiction Act, 1848, shall continue 11 & 12 15 not to apply to proceedings for enforcing the payment Vict. c. 43. of sums adjudged to be paid by any affiliation order, whether made before or after the commencement of this Act. orders. 20. Where under any enactment in an Act passed Orders 20 before the commencement of this Act an order is enforceable enforceable as though it were an affiliation order, such as affiliation order shall be enforceable as though it were an affiliation order within the meaning of this Part of this Act, and the penal and other provisions of this Part of this Act 25 shall extend accordingly. 21. This Part of this Act shall apply where pro- Application ceedings are pending at the commencement of this Act of Part I. as well as to future proceedings. 22. In any proceedings under this Part of this Provision 30 Act the guardians of a poor law union may appear by with respect any agent. to guardians of poor law unions. PART II. 23. (1) Where the parents of an illegitimate person Legitima35 born after the commencement of this Act marry one tion of another, the marriage shall, provided it is valid according illegitimate to the law for the time being in force in England and persons by Wales, render that person legitimate for all purposes, their and that person shall accordingly for all purposes be parents. 40 deemed to have been born in lawful wedlock: marriage of A.D. 1924. Power for parent of illegitimate person under age Provided that— (a) this section shall not apply unless both (b) where both parents, although unmarried as 5 (2) It shall be immaterial whether the illegitimate person was born within or without His Majesty's 20 dominions or any particular portion of those dominions. 24. (1) The mother of an illegitimate infant may by deed or will appoint any person or persons to be the guardian or guardians of the infant in the event of her death (if such infant be then unmarried); and when no 25 guardian has been appointed by the mother of an one years to illegitimate infant, or if the guardian or guardians appointed by her is or are dead or refuses or refuse to act, the court may, it it shall think fit, from time to time appoint a guardian or guardians : of twenty appoint guardian. 30 Provided that where the father of an illegitimate person under the age of twenty-one years lawfully has the custody of that illegitimate person the foregoing provisions of this section shall have effect as though in those provisions the word "father" had been sub- 35 stituted for the word "mother," wherever in those provisions the word "mother" occurs. (2) Where an appointment is made by the mother of an illegitimate infant under the foregoing provisions of this section and the appointment takes effect, either 40 wholly or partially, the father of the illegitimate infant shall not be entitled to his custody: Provided that it shall be lawful for the father of an A.D. 1924. illegitimate infant, upon the death of the mother, to apply to the court to be appointed a guardian of the infant jointly with any guardian or guardians appointed 5 by the mother and willing to act, and if it is shown to the satisfaction of the court that he is a fit person to be so appointed the court may so appoint him. (3) Every guardian appointed under this section shall be deemed to have been appointed under the 10 Guardianship of Infants Act, 1886, and the provisions 49 & 50 of that Act shall extend accordingly. 15 20 "infant and (4) In this section the expressions (5) For the purposes of this section it shall be (a) whether the infant was born before or after the (b) whether the infant was born within or without Vict. c. 27. under the age of 25. (1) The mother, if living, of an illegitimate Consent to person under the age of twenty-one years, or if the marriage of mother is dead the guardians of an illegitimate person illegitimate 25 under that age, lawfully appointed, or one of them, persons shall have authority to give consent to the marriage of that illegitimate person; and such consent is hereby twenty-one required for the marriage of that illegitimate person, years. unless there shall be no person authorised to give that 30 consent; and the provisions of the Marriage Act, 1823 4 Geo. 4. (including the penal provisions of that Act), shall extend c. 76. accordingly : 35 40 Provided that (a) where the father of an illegitimate person A A.D. 1924. Registration of birth of illegitimate person. Rate of legacy and succession duty in case of illegiti mate person. (b) this section shall not apply where the illegitimate person is a widower or a widow, as the case may be. (2) For the purposes of this section it shall be immaterial (a) whether the illegitimate person was born before 5 10 26. Where the birth of an illegitimate child has been registered, whether before or after the commencement of this Act, pursuant to the provisions of the Births and Deaths Registration Acts, 1836 to 1901, and no person has been registered as the father of the child, 15 the registrar shall, on the application of both parents, and on production to him of a statutory declaration. made by the person alleging himself to be the father of the child that to the best of his belief he is the father of the child, enter the name of that person as the tather, 20 and shall also enter in the margin a note referring to the application and the date thereof, and the cited Acts (including the penal provisions thereof) shall extend accordingly. 27. (1) The rate of legacy duty and succession 25 duty in the case of either of those duties becoming payable after the commencement of this Act shall, so far as it depends on relationship, be the same in the case of a relationship not traced through lawful wedlock as in the case of a relationship traced through lawful 30 wedlock, and all enactments relating to legacy duty or succession duty shall have effect accordingly. (2) This section shall apply to Scotland as well as to England and Wales. A Surname of 28. (1) Without prejudice to the provisions of the 35 illegitimate section of this Act relating to the legitimation of an person. illegitimate person by the marriage of his parents, an illegitimate person shall inherit the surname of his mother. (2) For the purposes of this section the surname of 40 the mother of an illegitimate person shall be her surname at the time of that person's birth. |