3. The mother of a bastard, during its age of nurture, is entitled to the custody of her child, and is bound to maintain it. 6 S. & R. 255; 2 John. R. 375; 15 John. R. 208; 2 Mass. R. 109; 12 Mass. R. 387, 433; 1 New Rep. 148; sed vide 5 East, 224 n.
4. The putative father, too, is entitled to the custody of the child as against all but the mother. 1, Ashm. 55. And, it seems, that the putative father may main- tain an action, as if his child were legiti- mate, for marrying him without his consent, contrary. to law. Addis. 212. See Bas- tard; Child; Father; Mother;, Putative Father.