The Alleghanian. [volume] (Ebensburg, Pa.) 1859-1865, 1859-11-24
sBtegest5ag Case.
eau

We last week noticed that the rare case
OF controversy between the father and
mother OF an ille"itimate child for the
possession Of Its person, had been before
the Court OF Common Pleas Of our county,
aud that the Court had awarded that the
child should remain in the possession OF
the father. The following IS the opinion
Of the Court III the case, as delivered by
his Honor, Judge TAYLOR :-LoU Rey.
1--WE have here for decision somewhat
singular, and very uncommon contest,
between the mother and the putatiye
father Of an illegi5imate child, respecting
the custody and guardianship Of its per
son. The child, named s.Isadore Blanche"
IS about s months old Nancy Snack.
the mother, who voluntarily parted with
it when 1t was but day or two old, now
claims it again and John Denny, the re-
spondcnt, who in obedience to the COM
mand Of the writ, has it here before US,
resists the claim on the two-toId ground
that he has the child under an act OF
adoption, with the consent and by the
agreement of Nancy, and further. that she
Is totally unfit to have charge Of 1t.
In the case Of Ann Galley, Lord Mans
field stated the law to be that the Court
is bound to set infants free from anv I'M
proper restraint, but they are not bound
70 deliver them to anybody, or give them
any privilege. "These," says he, 'Emust
be LETT to their dj$tretio7, according to the
circumstances that shall appear before
them; )" ) Cur. 436. There in the ex-
ercise Of discretion, the Court refused to
deliver the infant to either the father or
the mother. This has also been held to
be the law, and it has been so applied, in
Pennsylvania, l Brown, 143 Ii this is
50 with regard to the rights of the parents
Of legitimate children, the claim of the
mother Of an Legitimate child must be
subject to the same discretion. In neither
case does there exist any right in the
father or mother, which the Court is
bound to enforce against their convictions
OF what may, IN some cases at least. be de-
Inandcd for the well-being Of the child.
1t IS true as general rule, the moth
er Of an illeGitimate child is entitled to its
custody. She is bound to support il
but her consent to his adoption of it, NAV
transfer this obligation to the putatiye
father. ''The father Of a bastard chilli ),
says Chancellor Kent, sis liable upon his
~ Gi'CN NVhtiHCLJ lOi It's necessary mann
tenance, without any compulsory order
being made upon him, provided he has
adopted the child as his own, and acouies-
ced in any particular disposition Of it,
The adoption" he adds, "must be volun-
tary, and with the consent of the mother
He may therefore, by adopting it with her
consent, become Its adopted father, with.
as it would seem to follow, the rights of a
father over its person.
In this case, Nancy declares upon oath,
in her petition, and Denny declares upon
oath IN his answer and return to the writ,
that he Is Gfother otdte cIj77; and ,as Nancy
/ and Denny ought to know, the usual un-
certainty Of that point which furnishes
one reason for superior legal rights in the
mother, is removed, at least as far as the
best available evidence can remove it.
And, il is distinctly proven by two wit
nesses, that two days after its birth, the
putatlve father, not merely with the CON
sent OF the mother, but u pom an ezpses