BASTARD - Black's Law Dictionary

What is BASTARD? Definition of BASTARD in Black's Law Dictionary - Legal dictionary - Glossary of legal terms.

An illegitimate child; a child born of an unlawful intercourse, and before the lawful marriage of its parents. Pettus v. Dawson, 82 Tex. 18, 17 S.W. 714.

A child born after marriage, but under circumstances which render it impossible that the husband of his mother can be his father. State v. Coliton, 73 N.D. 582, 17 N.W.2d 546, 548, 549, 156 A.L.R. 1403.

A child is not a bastard if born after marriage, although begotten before. 1 Bla.Com. 455, 456; 8 East, 210; State

  1. Herman, 35 N.C. 502.

One begotten and born out of lawful wedlock. Ex parte Newsome, 212 Ala. 168, 102 So. 216, 218.

This definition, which is substantially the same as Blackstone's, is open to the objection that it does not include with sufficient certainty those cases where children are born during wedlock but are not the children of the mother's husband.

Such children as are not born either in lawful wedlock or within a competent time after its determination. In re Paterson's Estate, 34 Cal.App.2d 305, 93 P.2d 825, 827.

One born of an illicit union. Civ.Code La. arts. 27, 197.

The term also includes a child born of parents while in a state of slavery, inasmuch as the parents were under disability to contract marriage. Cole v. Taylor, 132 Tenn. 92, 177 S. W. 61, 65.

In Louisiana, "bastards," as distinguished from "natural children," are illegitimate children who have not been acknowledged by their parents. "Natural children" are those who have been acknowledged by both or either of their parents. Briggs v. McLaughlin, 134 La. 133, 63 SO. 851, 852.

—Bastard eigne. In old English law. Bastard. elder. If a child was born of an illicit connection, and afterwards the parents intermarried and had another son, the elder was called bastard eigne, or, as it is now spelled, aine, and the second son was called puisne, or since born, or sometimes he was called mulier puisne. 2 Bla.Comm. 248.

—Special bastard. One born of parents before marriage, the parents afterward intermarrying. 3 Bl.Comm. 335.

By the civil and Scotch law, as well as by the statute law prevailing in over half of the states of the Union, the child would then be legitimated.


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