BUSWELL v. WHITE

24 VLR 486·Supreme Court of Victoria (Full Court)
24 VLR 486
24 VLR 486
BUSWELL v. WHITE Supreme Court of Victoria (Full Court)
MADDEN, C.J., WILLIAMS and A’BECKETT, JJ. September 28, 29 September 1898 Marriage Act 1890 (No. 1166), s. 43 — Neglected Children's Act 1890 (No. 1121), s. 58 — Illegitimate child — Maintenance order — Finality of decision on appeal to general sessions — Putative father proceeded against under different statutes — Recognition of child by father as his — Evidence .

The fact that an order made by justices against a father for maintenance of his illegitimate child has been quashed on appeal is no bar to the making of a subsequent order by justices compelling the father to pay for the maintenance of the same child as a neglected child, provided there is evidence to satisfy the justices that he has recognized the child as his.

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