AFFILIATION (from Lat. ad filiare, to adopt as a son)

This article appears in Volume V01, Page 301 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: ADA-AIZ

AFFILIATION (from Lat. ad filiare, to adopt as a son) , in law, the procedure by which the paternity of a bastard child is determined, and the obligation of contributing to its support enforced. In England a number of statutes on the subject have been passed, the

chief

CHIEF (from Fr. chef, head, Lat. caput)

being the Bastardy Act of 1845, and the Bastardy Laws Amendment Acts of 1872.and 1873. The mother of a bastard may summon the putative father tq
petty sessions within twelve months of the

birth

BIRTH (a word common in various forms to Teutonic languages from the root of the verb " to bear ")

(or at any later time if he is proved to have contributed to the child's support within twelve months after the

birth

BIRTH (a word common in various forms to Teutonic languages from the root of the verb " to bear ")

), and the justices, after hearing evidence on both sides, may, if the mother's evidence be corroborated in some material particular, adjudge the man to be the putative father of the child, and order him to pay a sum not exceeding five shillings a

week

WEEK (from A.S. wicu, Germanic *wikon, probably=
change
- CHANGE (derived through the Fr. from the Late Lat. cambium, cambiare, to barter; the ultimate derivation is probably from the root which appears in the Gr. 冠 urmu', to bend)
, turn)

for its maintenance, together with a sum for expenses incidental to the birth, or the funeral expenses, if it has died before the date of order, and the costs of the proceedings. An order ceases to be valid after the child reaches the age of thirteen, but the justices may in the order direct the payments to be continued until the child is sixteen years of age. An appeal to quarter sessions is open to the defendant, and a further appeal on questions of law to the King's Bench by

rule

RULE

nisi or certiorari. Should the child after-wards become chargeable to the parish, the sum due by the father may be received by the parish officer. When a bastard child, whose mother has not obtained an order, becomes chargeable co the parish, the guardians may proceed against the putative father for a contribution. Any woman who is single, a widow, or a married woman living apart from her husband, may make an application for a summons, and it is immaterial where the child is begotten, provided it.is born in England. An application for a summons may be made before the birth of the child, but in this case the statement of the mother must be in the form of a sworn deposition. The defendant must be over fourteen years of age. No agreement on the part of the woman to take a sum down in discharge of the liability of the father is a bar to the making of an

affiliation

AFFILIATION (from Lat. ad filiare, to adopt as a son)

order. In the case of twins it is usual to make separate applications and obtain separate summonses. The Summary Jurisdiction Act 1879 makes due provision for the enforcement of an order of

affiliation

AFFILIATION (from Lat. ad filiare, to adopt as a son)

. In the case of soldiers an affiliation order cannot be enforced in the usual way, but by the Army Act 1881, if an order has been made against a soldier of the regular forces, and a copy of such order be sent to the secretary of state, he may order a portion of the soldier's pay to be retained. There is no such

special

SPECIAL

legislation with regard to sailors in the royal navy.
In the British colonies, and in the states of the United States (with the exception of California, Idaho, Missouri, Oregon,

Texas

TEXAS

and Utah), there is some procedure (usually termed filiation) akin to that described above, by means of which a mother can obtain a contribution to the support of her illegitimate child from the putative father. The amount ordered to be paid may subsequently be increased or diminished (1905; 94 N.Y. Suppit. 372). On the continent of Europe, however, the legislation of the various countries differs rather widely. France, Belgium, Holland, Italy, Russia, Servia and the canton of Geneva provide no means of inquiry into the paternity of an illegitimate child, and consequently all support of the child falls upon the mother; on the other hand, Germany, Austria, Norway, Sweden, Denmark and the

majority

MAJORITY (Fr. majorite; Med. Lat. majoritas; Lat. major, greater)

of the Swiss cantons pro-vide for an inquiry into the paternity of illegitimate children, and the law casts a certain amount of responsibility upon the father.
Affiliation, in France, is a term applied to a species of adoption by which the person adopted succeeds equally with other heirs to the acquired, but not to the inherited, property of the deceased. (See ADOPTION. Also BASTARD; POOR LAWS.)

End of Article: AFFILIATION (from Lat. ad filiare, to adopt as a son)

If you wish, you can link directly to this article.

<a href="http://jcsm.org/StudyCenter/Encyclopedia/ADA_AIZ/AFFILIATION_from_Lat_ad_filiar.html">
AFFILIATION (from Lat. ad filiare, to adopt as ...
</a>

(Previous)
AFFIDAVIT (Med. Lat. for " he has declared upon...

(Next)
AFFINITIES

JCSM was founded in 1997 and exists to help the community and bring people into a life-changing and productive relationship with Jesus Christ. JCSM offers over 200,000 free web pages, including its weekly inspirational emails that were sent continuously for over a decade.

Jesus Christ Saves Ministries
P.O. Box 9297
San Diego, CA 92169
1-888-887-0417 or Email