TIP #142 - BASTARDY, DIVORCES AND DOWER I'm continuing with a look at the early Kentucky laws as found in 1822. BASTARDY: According to Chapter XXVI, the Kentucky law stated that if any single woman, not a slave, gave birth to a bastard child, she was to appear before a justice of the peace and give oath in the county where the father of the child lived. If she lived in one county and he another, she had to travel to his county. She gave a detailed statement including the following: 1. That she was delivered of a bastard child 2. The date of the delivery 3. The place of delivery 4. The sex of the child 5. The name of the father The Justice of the Peace then issued a warrant to the constable, sheriff or coroner for the father's apprenhension. This was to be issued immediately and listed the charges for the issuance. When the father was found, he was to be brought before any justice of the peace in that county and post securities. He was ordered to appear at the next county court meeting for that county. The security was normally in the amount of 20 pounds for the father and 10 pounds for the security or securities. This money went to the Governor. If the father chose not to cooperate, or didn't give security, the father was committed to jail. When the father appeared before the court, he gave testimony and the court determined his guilt or innocence. If they found him guilty, he was ordered by the court to pay child support for "keeping and maintaining the child" and could charge him any sum of money. He then had to enter into bond with sufficient security to guarantee payment. If he refused or was negligent, he was sent to jail. The county then took an inventory of his property to see if he could pay. If the bastard child died after the above, the father of the child was discharged from bond after he paid what appeared to be "justly due thereon to the death of such child." There were special rules shown in Section II of this law providing for the bastard child's inheritance. It was said that the bastard child was capable of inheriting or transmitting an inheritance as if he or she had been lawfully begotten. If the father later married the mother of the bastard child, if he admitted to being the father of the bastard child, the child was no longer considered illegitimate. Any other child they had together were also considered legimitate. Some special cases were presented; one in the event that the father took off and fled the area. He was always considered subject to arrest if they ever found him. If a period of seven years had transpired and he was still not found, the child would continue to be considered a bastard (sometimes called base) child. Also, if a man fathered more children by the same woman, he was liable for payment for all. Prosecution always issued from the county of his original residence where charges were filed. NOTE: In previous tips, I have listed which counties still have the bastardy records available. DIVORCES: Chapter LX covered the rules and regulations for divorce for the Commonwealth of Kentucky. Section I includes an "Act passed January 31st, 1809", to be effective immediately. An amendment was made on Section 6 10 February 1820. The Circuit Courts were given the powers and jurisdiction to handle divorces which consisted of: In favor of the man: 1. When the wife had voluntarily left his bed and board with an intention of abandonment for a space of three years or 2. When she was found to have been living in adultery with another man or woman or 3. When she had been condemned for a felony in any court of record in the U.S. In favor of the woman: 1. When the husband had left her with the intention of abandonment for the space of two years or 2. When he abandoned her and lived in adultery with another women or women (a felony) or 3. When his treatment of her was "cruel, barbarous and inhuman as actually to endanger her life. The party desiring a divorce applied to the Circuit Court on that county in which he or she resided by a bill in equity. The party had to state the grounds for the application. If the defendant didn't then reside in the Commonwealth and the Court was satisfied by disinterested affidavit of his or her absence, they could proceed to order publication. If the defendant appeared, they made an answer. The case was set for trial. If the defendant didn't apply, a trial date was still set. If, at the hearing, there appeared to be just cause for a divorce, the court could pronounce a decree of divorce which declared that the complainant had been granted a divorce from his or her husband or wife. It is noted that this decree did not release the offending party - they were to remain subject to all the pains and penalties which the law prescribed against a marriage while a former husband or wife is still living. The court then regulated and ordered the division of the estate real and personal as they thought just. Temporary orders could also be put in effect during the time the suit was pending. DOWER: The laws governing dower of a widow goes back to 1705 and a later act of 1796 and was covered in Chapter LXI. The following considerations were made: 1. The widow of any person dying intestate [without a will], was to be endowed with one full and equal third part of her deceased husband's land, tenements and real estate; a law going back to England. 2. A widow, at the death of her husband, was to stay in the "mansion house" of her husband on the plantation where it set, rent free, until her dower was assigned. 3. If she was deforced [presumably forced out], the widow was allowed to enter a plea. If she recover by plea and those that forced her out where charged with wrongful deforcement. Those convicted of deforcement were charged the value of the whole dower that they would have received from the time of the death of her husband until the day that she recovers. 4. If the husband was impleaded for land by default, the woman, after his death who demanded her dower was to be heard in court and if it was found that her late husband lost the land which consisted of her dower, an investigation was made about all the judgements on the lands. If tenants were involved they were questioned and the tenant had to show proof that he had purchased the land from the husband. If it was found that the wife had no right to those lands, she could recover nothing. A wife was barred from dower if she had abandoned her husband and was found to have been living in adultery. If she had done this but the husband had forgiven her before his death (a reconciliation), she was allowed her dower. If the late husband had by deed or will, given her jointure of the wife in lieu of her dower which was to take affect in her own possession on his death and continuing for her natural life, she would not receive a dower also. She had the right however, to renounce the provisions of her late husband's will and demand her dower instead. A relinquishment had to be legally filed before the court. An additional amendment stated that the widow was entitled for life to her 1/3 dower after the payment of his debts. These had to be settled first with the residue being including in her 1/3rd. © Copyright 21 April 1998, Sandra K. Gorin, All Rights Reserved. sgorin@glasgow-ky.com Sandi Gorin - 205 Clements Ave., Glasgow, KY 42141-3409 (502)651-9114 or sgorin@glasgow-ky.com A Proud Kentucky Colonel Gorin Genealogical Publishing: http://members.tripod.com/~GorinS/index.html KYRESEARCH: http://cgi.rootsweb.com/~usgwqury/Ky/Tips/index.cgi KYBIOS: http://cgi.rootsweb.com/~usgwqury/Ky/Bios/index.cgi