BASTARD
\bˈastəd], \bˈastəd], \b_ˈa_s_t_ə_d]\
Definitions of BASTARD
- 1910 - Black's Law Dictionary (2nd edition)
- 1856 - A Law Dictionary
- 1908 - Chambers's Twentieth Century Dictionary of the English Language
- 1846 - Medical lexicon: a dictionary of medical science
- 1919 - The concise Oxford dictionary of current English
- 1916 - Appleton's medical dictionary
- 1895 - Glossary of terms and phrases
- 1871 - The Cabinet Dictionary of the English Language
- 1790 - A Complete Dictionary of the English Language
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An illegitimate child; a child born of an unlawful intercourse, and while its parents are not united in marriage. Tim- mins v. Lacy, 30 Tex. 135; Miller v. Anderson, 43 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 born after marriage, but under circumstances which render it impossible that the husband of his mother can be his father. Com. v. Shepherd, 6 Bin. (Pa.) 283, 6 Am. Dec. 449. One begotten and born out of lawful wedlock. 2 Kent, Comm. 208. One born of an illicit 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. Code Ga. 1882,
By Henry Campbell Black
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A word derived from bas or bast, signifying abject, low, base; and aerd, nature. Minshew, Co. Lit. 244; a. Enfant de bas, a child of low birth. Dupin. According to Blackstone, 1 Com. 454, a bastard in the law sense of the word, is a person not only begotten, but born out of lawful matrimony. This definition does not appear to be complete, inasmuch as it does not embrace the case of a person who is the issue of an illicit connection, during the coverture of his mother. The common law, says the Mirror, only taketh him to be a son whom the marriage proveth to be so. Horne's Mirror, c. 2, §7; see Glanv. lib 8, cap. 13 Bract. 63, a. b.; 2 Salk. 427;, 8 East, 204. A bastard may be perbaps defined to be one who is born of an illicit union, and before the lawful marriage of his parents.
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A man is a bastard if born, first) before the marriage of his parents; but although he may have been begotten while his parents were single, yet if they afterwards marry, and he is born during the coverture, he is legitimate. 1 Bl. Com. 455, 6. Secondly, if born during the coverture, under circumstances which render it impossible that the hushand of his mother can be his father. 6 Binn. 283; 1 Browne's R. Appx. xlvii.; 4 T. R. 356; Str. 940 Id. 51 8 East, 193; Hardin's R. 479. It seems by the Gardner peerage case, reported by Dennis Le Marebant, esquire, that strong moral improbability that the hushand is not the father, is sufficient to bastardize the issue. Bac. Ab. tit. Bastardy, A, last ed. Thirdly, if born beyond a competent time after the coverture has determined. Stark. Ev. part 4, p. 221, n. a Co. Litt. 123, b, by Hargrave & Butler in the note. See Gestation.
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The principal right which bastard children have, is that of maintenance from their parents. 1 Bl. Com. 458; Code Civ. of Lo. 254 to 262. To protect the public from their support, the law compels the putative father to maintain his bastard children. See Bastardy; Putative father.
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Considered as nullius filius, a bastard has no inheritable blood in him, and therefore no estate can descend. to him; but he may take by testment, if properly described, after he has obtained a name by reputation. 1 Rop. Lew. 76, 266; Com. Dig. Descent, C, l2; Ie. Bastard, E; Co. Lit. 123, a; Id. 3, a; 1 T. R. 96 Doug. 548 3 Dana, R. 233; 4 Pick. R. 93; 4 Desaus. 434. But this hard rule has been somewhat mitigated in some of the states, where, by statute, various inheritable qualities have been conferred upon bastards. See 5 Conn. 228; 1 Dev. Eq. R. 345; 2 Root, 280; 5 Wheat.. 207; 3 H. & M. 229, n; 5 Call. 143; 3 Dana, 233.
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Bastards can acquire the rights of legitimate children only by an act of the legislature. 1 Bl. Com. 460; 4 Inst. 36.
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By the laws of Louisiana, a bastard is one who is born of an illicit union. Civ. Code of Lo. art. 27, 199. There are two sorts of illegitimate cbildren; first, those who are born of two persons, who, at the moment such children were conceived, might have legally contracted marriage with each other; and, secondly, those who are born from persons, to whose marriage there existed at the time, some legal impediment. Id. art. 200. An adulterous bastard is one produced by an unlawful connexion between two persons, who, at the time he was conceived, were, either of them, or both, connected by marriage with some other person or persons. Id. art. 201. Incestuous bastards are those who are produced by the illegal connexion of two persons who are relations within the degrees prohibited by law. Id. art. 202.
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Bastards, generally speaking, belong to no family, and have no relations; accordingly they are not subject to paternal authority, even when they have been acknowledged. See 11 East, 7, n. Nevertheless, fathers and mothers owe alimony. to their children when they are in need. Id. art. 254, 256. Alimony is due to bastards, though they be adulterous or incestuous, by the mother and her ascendants. Id. art. 262.
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Children born out of marriage, except those who are born from an incestuous or adulterous connexion, may be legitimated by the subsequent marriage of their father and mother, whenever the latter have legally acknowledged them for their children, either before the marriage or by the contract of marriage itself. Every other mode of legitimating children is abolished. Id. art. 217. Legitimation may even be extended to deceased children who have left issue, and in that ease, it enures to the benefit of that issue. Id. art. 218. Children legitimated by a subsequent marriage, have the same rights as if born during the marriage. Id. art. 219. See, generally, Vin. Abr. Bastards Bac. Abr. Bastard; Com. Dig. Bastard; Metc. & Perk. Dig. h. t.; the various other American Digests, h. t.; Harr. Dig. h. t.; 1 Bl. Com. 454 to 460; Co. Litt. 3, b.; Bouv. Inst. Index, h. t., And Access; Bastardy; Gestation; Natural Children.
By John Bouvier
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bas'tard, n. a child born of parents not married.--adj. born out of wedlock: not genuine: resembling, but not identical with, the species bearing the name: of abnormal shape or size: false.--n. BAS'TARD-BAR, a popular but inaccurate name for the baton-sinister in heraldry.--v.t. BAS'TARDISE, to prove to be a bastard.--adv. BAS'TARDLY (obs.).--ns. BAS'TARD-WING, three, four, or five feathers springing from the side of the wing of a bird near the point, attached to a bony process which is the homologue of the thumb in some mammalia; BAS'TARDY, BAS'TARDISM, the state of being a bastard.--BASTARD TITLE, an abbreviated title of a book on an otherwise blank page preceding the full title-page; BASTARD TYPES, types cast with an extra deep bevel to obviate the use of leads, as Longprimer face on Pica body. [Fr. bâtard; O. Fr. fils de bast, son of the pack-saddle, bast (bât) being a coarse saddle for beasts of burden.]
By Thomas Davidson
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(Child) born out of wedlock or of adultery, illegitimate; (of things) unauthorized, hybrid, counterfeit; b. slip, sucker of tree (also fig., =bastard n.); (Bot.) nearly resembling another species (b. BALM); (Zool.) b. wing, rudimentary extra digit with quill-feathers. [old French]
By Sir Augustus Henry
By Thomas Sheridan
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