Bastardy, DECLARATOR OF. This is a suit which may be instituted in the Court of Session in Scotland, for having it declared that the lands or effects which belonged to the deceased bastard, belong to the donatory in virtue of the gift from the crown. The 'defender,' or person against whom the suit is formally brought, is the party who would have succeeded to the bastard, had he been legitimate. The decree in such an action may be necessary for completing the title to lands which belonged to the bastard.
By an act of parliament in 1858, the same conclusion may be substantially obtained by the English proceeding, directed by the act in the Court for Divorce and Matrimonial Causes. The act in question, it is declared, may be cited for all purposes as the 'Legitimacy Declaration Act, 1858.'