BASTARD (bas or bast, abject, low, base, aerd, nature).
One born of an illicit connection, and be fore the lawful marriage of its parents.
One begotten and born out of lawful wed lock. 2 Kent, Comm. 208.
One born of an illicit union. La. Civ. Code, art. 29, 199.
The second 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.
2. A man is a bastard if born before the marriage of his parents, but he is not a bas tard if born after marriage, although begotten before. 1 Blackstone, Comm. 455, 456 ; 8 East, 210, 211 ; 13 Ired. No. C. 502. By the civil law and statute law of many of the states, a subsequent marriage of the parents legiti mates children born prior thereto. The rule prevails substantially in Alabama, Georgia, Il linois, Indiana, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, Mis souri, Ohio, Pennsylvania, Vermont, and Virginia, with somewhat varying provisions in'the different states. 2 Kent, Comm. 210. See HEIR.
A man is a bastard if born during cover ture under such circumstances as to make it impossible that the husband of his mother can be his father, 6 Binn. Penn. 283; 1 Browne, Penn. App. xlvii.; 19 Mart. La. 548; Hard. Ky. 479; 6 How. 550 ; 8 East, 193; Strange, 940; 4 Term, 356; 2 Mylne & K. 349; but a strong moral impossibility, or
such improbability as to be beyond a reason able doubt, is held sufficient. 2 Brock. C. C. 256; 3 Paige, Ch. N. Y. 139; 15 Ga. 160; 13 Ired. Nu. C. 502. As to who may be admitted to prove non-access, see 3 Eng. L. & Eq. 100; 2 Munf. Va. 442; 15 Barb. N. Y. 286 ; 15 N. II. 45; 29 Penn. St. 420. See 1 Burge, Col. Law, 57-92 ; 1 Sharswood, Blackst. Comm. 458; Gardner Peerage Case, Le Merchant's report ; 5 Clark & F. Hou. L. 163; 12 La. Ann. 853.
A man is a bastard if born beyond a com petent time after the coverture has determined. Coke, Litt. 123 1,, Hargrave & B. note; 2 Kent, Comm. 210.
3. The principal right which bastard chil dren have is that of maintenance from their parents, 1 Blackstone, Comm. 458; La. Civ. Code, 254-262; which may be secured by the public officers who would be charged with the support of the child, by a peculiar process, or in some cases by the mother. 2 Kent, Comm. 215. A bastard has no inheritable blood at common law ; but he may take by devise if described by the name he has gained by reputation. 1 Roper, Leg. 76; 1 Yes. & B. Ch. 423 ; 1 Atk. Ch. 410; 3 Dan. Ky. 233; 4 Pick. Mass. 93; 4 Des. So. C. 434. See 5 Ves. Ch. 530 ; 6 id. 43; 2 Roper, Leg. 2d ed. 199. See HEIR.