When the defendant is car

state.

shall, notwithstanding, be liable to judgment and execution for the costs of suit, unless such death shall be found to have taken place before the commencement of the action.

§ 23. If any defendant, having given special bail in any ried out of the action, shall afterwards be arrested and delivered over to the executive authority of the United States, or of any state or territory thereof, upon a charge of having committed a crime out of the jurisdiction of this state, and shall be thereupon carried beyond the limits thereof, such bail shall be discharged from all liability incurred as bail, if the defendant has not returned to this state discharged from such arrest, before he shall be liable to be charged as bail for such defendant.

Discharge as 24. When any defendant in any civil action shall have insolvent debtor been discharged as an insolvent debtor, agreeably to the laws of this state respecting insolvent debtors, or under any bankrupt law of the United States, and a certificate from the authority lawfully granting the same shall be produced to the court, the bail of such defendant shall, in all cases, be entitled to have an exoneretur entered upon the records of the court, which shall, thereupon, operate as a discharge from the bond in the same manner as if he had surrendered his principal in court, or to the sheriff, as herein before directed: Provided, that judgment shall not have been recovered against him as the bail of such defendant.

Seire facias.

Acts repealed.

$ 25. Hereafter, proceedings by sciri facias against bail, in civil cases, shall not be allowed in any court of record in this state.

§ 26. That chapter fourteen of the Revised Statutes of eighteen hundred and forty-five, entitled "Bail," and sections one and five of an act entitled "An act to regulate practice in courts in certain cases," approved February eighteenth, eighteen hundred and fifty-seven, and all acts and parts of acts inconsistent herewith, are hereby repealed. APPROVED January 22, 1872.

BASTARDY.

In force July 1, 1872.

Warrant arrest.

AN ACT concerning bastardy.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That when for an unmarried woman who shall be pregnant, or delivered of a child which by law would be deemed a bastard, shall make complaint to a justice of the peace of the county where

she may be so pregnant or delivered, or the person accused may be found, and shall accuse, under oath or affirmation, a person with being the father of such child, it shall be the duty of such justice to issue a warrant against the person so accused, and cause him to be brought forthwith before him, or in his absence any other justice of the peace in such county.

rected.

§2. The warrant shall be directed to all sheriffs, coro- To whom diners and constables in the state of Illinois, and may be exe cuted by any such officer in any county.

§ 3. Upon his appearance, it shall be the duty of said justice to examine the woman, upon oath or affirmation, in the presence of the man alleged to be the father of the child, touching the charge against him. The defendant shall have the right to controvert such charge, and evidence may be heard as in cases of trial before the county court. If the justice shall be of opinion that sufficient cause appears, it shall be his duty to bind the person so accused, in bond, with sufficient security, to appear at the next county court to be holden in such county, to answer to such charge; to which court said warrant and bond shall be returned. On neglect or refusal to give bond and security, the justice shall cause such person to be committed to the jail of the county, there to be held to answer the complaint.

Examination

on Gath

$4. The county court of such county, at its next term, Issue to be tried shall cause an issue to be made up, whether the person charged, as aforesaid, is the real father of the child or not, which issue shall be tried by a jury. When the person charged appears and denies the charge, he shall have a right to controvert, by all legal evidence, the truth of such charge.

§ 5. If, at the time of such court, the woman be not Recognizance. delivered, or as unable to attend, the court shall order a recognizance to be taken of the person charged as aforesaid, in such an amount, and with such sureties as the court may deem just, for the appearance of such person at the next court, after the birth of her child; and should such mother not be able to attend at the next term after the birth of her child, the recognizance shall be continued until she is able.

86. On the trial of every issue of bastardy, the mother Witnesses. and defendant shall be admitted as competent witnesses, and their credibility shall be lett to the jury.

$7. If, upon the trial of the issue aforesaid, the jury Costs. shail find that the child is not the child of the defendant, or alleged father, then the judgment of the court shall be that he be discharged. The woman making the complaint shall pay the costs of the prosecution, and judgment shall be entered therefor, and execution may thereupon issue.

$8. In case the issue be found against the defendant, or reputed father, or whenever he shall, in open court, have

Provision for support of child.

Bond to

given.

confessed the truth of the accusation against him, he shall be condemned by the order and judgment of the court, to pay a sum of money not exceeding one hundred dollars for the first year after the birth of such child, and a sum not exceeding fifty dollars yearly, for nine years succeeding said first year, for the support, maintenance and education of such child, and shall moreover, be adjudged to pay all the costs of the prosecution, for which costs execution shall be issue as in other cases. And the said reputed father shall be required by said court to give bond with sufficient security, to be approved by the judge of said court, for the payment of such sum of money as shall be ordered by said court, as aforesaid; which said bond shall be made payable to the People of the State of Illinois, and conditioned for the due and faithful payment of said yearly sum, in equal quarterly installments, to the clerk of said court, which bond shall be filed and preserved by the clerk of said court.

Failure to give security.

Money,

9. In case the defendant or reputed father shall refuse or neglect to give such security as may be ordered by the court, he shall be committed to the jail of the county, there to remain until he shall comply with such order, or until otherwise discharged by due course of law.

to § 10. The money, when received, shall be laid out and whom pald. appropriated for the support of such child in such manner

Default in payment.

as shall be directed by the court; but when a guardian shall be appointed for such bastard, the money arising from such bond shall be paid over to such guardian.

§ 11. Whenever default shall be made in the payment of a quarterly installment, or any part thereof, mentioned in the bond provided for in the foregoing section, the county judge of the county wherein such bond is filed shall, at the request of the mother, guardian, or any other person interested in the support of such child, issue a citation to the principal and sureties in said bond, requiring them to appear, on some day in said citation mentioned, during the next term of the county court of said county for probate business, and show cause, if any they have, why execution. should not issue against them for the amount of the installment or installments due and unpaid on said bond, which said citation shall be served by any sheriff or constable of the county in which such principal or sureties reside or may be found, at least five days before the term day thereof. And if the amount due on such installment or installments shall not be paid at or before the time mentioned for showing cause as aforesaid, the said county judge shall render judgment in favor of the People of the State of Illinois, against the principal and sureties who have been served with said citation, for the amount unpaid on the installment or installments due on said bond, and the costs of said proceeding; and execution shall issue from said county court against the goods and chattels of the person or per

sons against whom said judgment shall be rendered, for the amount of said judgment and costs, to the sheriff of any county in the state where the parties to said judgment, or either of them, reside, or have property subject to such execution.

$12. And said county judge shall also have power, in Contempt of case of default in the payment, when due, of any install- court. ment or installments, or any part thereof, in the condition of said bond mentioned, to adjudge the reputed father of such child guilty of contempt of said court, by reason of the non-payment as aforesaid, and to order him to be committed to the county jail of said county, until the amount of said installment or installments, so due, shall be fully paid, together with all costs of said commitment, and in the obtaining and enforcing of said judgment and execution, as aforesaid. But the commitment of such reputed father shall not operate to stay or defeat the obtaining of judgment and the collection thereof by execution as aforesaid: Provided, that the rendition and collection of judgment, as aforesaid, shall not be construed to bar or hinder the taking of similar proceedings for the collection of subsequent quarterly installments on said bond, as they shall become due and remain unpaid: And, provided, further, that if the county judge, or any other person interested in the support of such child, shall deem it necessary, in order to secure the payment or collection of such judgment, that the same should be made a lien on real estate, a transcript of said proceedings and judgment shall be made by the clerk of said cou ty court, and filed and recorded in the office of the clerk of the circuit court of said county, in the same manner and with like effect as transcripts of judgments of justices of the peace are filed and recorded, to make the same a lien on real estate; and execution and other process shall thereupon issue for the collection of said judgment, as in case of other judgments in said circuit court; and the provisions of this section shall, as far as applicable, apply to all bonds which have heretofore been taken in pursuance of the statutes in regard to bastardy.

Lien on real estate.

§ 13. The reputed father of a bastard child shall not Custody of child have the right to the custody or control of such child, if the mother is living and wishes to retain such custody and control, until after it shall have arrived at the age of ten years, unless, upon petition to the circuit court of the county in which the mother resides, it shall, on full hearing of the facts in the case, after notice to the mother, be made to appear to the judge of said court that said mother is not a suitable person to have the control and custody of such child.

§ 14. If the said child should never be born alive, or Bond to be void being born alive, should die at any time, and the fact shall

In case of marriage.

Time of action.

Acts' repealed.

be suggested upon the record of the said court, then the bond aforesaid shall from thenceforth be void.

15. If the mother of any bastard child, and the reputed father, shall, at any time after its birth, intermarry, the said child shall, in all respects, be deemed and held legitimate, and the bond aforesaid be void.

§ 16. No prosecution under this act shall be brought after two years from the birth of the bastard child: Provided, the time any person accused shall be absent from the state, shall not be computed.

17. That chapter sixteen of the Revised Statutes of 1845, entitled "Bastardy;" an act entitled "An act to amend chapter sixteen of the Revised Statutes of 1845, entitled "Bastardy,'" approved March 30, 1869; and an act entitled "An act to amend chapter sixteen of the Revised Statutes of this state," approved February 24, 1847; and an act entitled "An act to amend chapter sixteen of the Revised Statutes of 1845, entitled "Bastardy," approved February 22, 1861; and all other acts inconsistent with this act, are hereby repealed; but this section shall not be construed to affect any right or liability that may have accrued, or any proceeding that may be pending when this act takes effect.

APPROVED April 3, 1872.

BONDS.

In force March AN ACT to enable counties, cities, townships, school districts, and other 26, 1872.

sued.

municipal corporations, to take up and cancel outstanding bonds and other evidences of indebtedness, and fund the same.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in all Evidences of cases where any county, city, township, school district, or indebtedness is- other municipal corporation, have issued bonds or other evidneces of indebtedness for money, on account of any subscription to the capital stock of any railroad company, or on account of or in aid of any public improvement, or for any other purposes, which are now binding or subsisting legal obligations against any such county, city, township, school district or other municipal corporations, and remaining outstanding, and which were properly authorized by law, the proper authorities of any such county, city, township, school district or other municipal corporations may, upon the surrender of any such bonds, or other evidences of indebtedness, or