tion respecting the filiation of such bastard, or of such child likely TITLE 6. to be born a bastard.30

against father

county.

$7. If the person charged as such reputed father, shall be or re- Proceedings side in any other county of the state, than that in which such warrant out of the issued, the justice issuing the same shall in writing thereon, direct the sum in which any bond shall be taken of the person so charged; and it shall be the duty of the constable, or other proper officer having the same, to carry it to some justice of the city or county wherein such person resides, or can be found. The justice to whom the same Endorsement shall be presented, on proof being made to him of the hand writing of the justice who issued such warrant, shall endorse his name thereon, with an authority to arrest such person in the county where the justice so endorsing shall reside; which shall be a sufficient authority to the person bringing such warrant, and to all others to whom it was originally directed, to execute the same in the county where it was endorsed.40

of warrant.

taken by jus

ing warrant.

S8. Upon the person so charged being apprehended, he shall be Bond to be carried before the justice who endorsed the said warrant, or some tite endors other justice of the same county, who may take from such person a bond to the people of this state, with good and sufficient sureties in the sum so directed on the said warrant, with condition to indemnify the county, and town, or city, where the said bastard shall have been born, or where the woman likely to have such bastard shall be, and every other county, town or city, which may have incurred any expense, or may be put to any expense for the support of such child, or of its mother during her confinement and recovery therefrom, against all such expenses, and to pay the costs of apprehending such father, and of any order of filiation that may be made; or such justice may take from the person so charged and apprehended, a bond as aforesaid, in the sum directed on the said warrant, with good and sufficient sureties, conditioned that such person will appear at the next court of general sessions of the peace to be holden in the county where such warrant was originally issued, and not depart the said court without its leave.40 S9. Upon a bond being so entered into, with either of the condi- Proceedings tions aforesaid, the justice taking the same shall discharge the person being execut so apprehended from the arrest, and shall endorse upon the warrant a certificate to that effect. He shall deliver the warrant with the bond so taken by him, to the constable who brought such warrant, who shall deliver the same to the justice who granted the same, who shall proceed thereupon in the same manner as if such bond had been taken by him.40

upon bond

ed.

S 10. If the person so charged and apprehended shall not execute Ib. upon fail the bond so required, with one or other of the conditions aforesaid, to

(39) 1 R. L. 306, § 1 & 2. (40) Ib. § 4.

ure to execute bond.

TITLE 6 the satisfaction of the justice before whom he shall be brought, then the constable or other proper officer having such warrant, shall take the person so apprehended, before the justice who originally issued such warrant.4

Justice to associate another.

Proceedings by them.

of proceed

ings.

41

$11. Upon the person so charged with being the father of such bastard, or of such child likely to be born a bastard, being brought before the justice who issued the warrant for his apprehension, whether he was arrested in the same or in any other county, the said justice shall immediately call to his aid any other justice of the same county; and the said two justices shall proceed, without unnecessary delay, to make examination of the matter, and shall again examine the mother of such bastard, or the woman so pregnant as aforesaid, on oath, in the presence of the person so charged or apprehended, touching the father of such child, and shall hear any proofs that may be offered in relation thereto; and on the application of the person so charged, or of the persons appearing in behalf of the public, either of the said jus tices shall issue a subpoena to compel the attendance of witnesses before them, which may be enforced, and the witnesses may be compelled to appear and testify, in the same manner as in any civil cause, before a justice of the peace.

Adjournment $ 12. If the said justices shall not be prepared to proceed, or the person charged shall require delay, and give sufficient reasons therefor, they may adjourn such examination for any time not exceeding six weeks, and shall take a bond with sureties, from such person for his appearance at such time, before them, in the penalty herein after

Proceedings

nation of justices on hearing.

directed.

S13. The said justices shall determine who is the father of such bastard, or of such child likely to be born a bastard, and shall proceed as follows:

1. If they determine that the person so charged and apprehended, is not the father of such bastard, or child, he shall be forthwith discharged:

2. If they determine that he is such father, they shall make an order of filiation, in which they shall specify the sum to be paid weekly, or otherwise, by such putative father, for the support of such bastard, or of such child likely to be born a bastard:

3. If the mother of such child be in indigent circumstances, they shall determine the sum to be paid by such putative father, for the sustenance of such mother during her confinement, and her recovery therefrom:

4. They shall certify the reasonable costs of apprehending and securing the said father, and of the order of filiation:

5. They shall reduce their proceedings to writing, and subscribe

the same.

(41) 1 R. L. 306, § 4.

Costs to be

ther, and bond

into.

$14. Such person, so adjudged to be the reputed father, shall, TITLE 6. upon notice of such order, immediately pay the amount so certified for the costs of apprehending him, and of the order of filiation; and raid by person adjudged shall enter into a bond to the people of this state, in such sum as such reputed fajustices shall direct, with good and sufficient sureties, to be approved to be entered by them, with one or other of the following conditions: First, that such person will pay weekly, or otherwise, as shall have been ordered, such sum for the support of the said child, and for the sustenance of its mother as aforesaid, as shall have been ordered, or shall at any time thereafter be ordered by the court of general sessions of the peace of the same county; and that he will fully and amply indemnify the county and town, or city, where the said bastard shall have been born, or where the woman likely to have such bastard shall be, and every other county, town or city, which may have incurred any expense, or may be put to any expense for the support of such child, or its mother, during her confinement and recovery therefrom, against all such expenses: Or, second, that such person will appear at the next court of general sessions of the peace of the said county, and not depart the said court, without its leave.

to be dischar

be committed

$ 15. Upon such bond being executed to the satisfaction of the When father justices, they shall discharge such person from his arrest. But if he ged; when to refuse or neglect to execute a bond with one of the conditions aforesaid, or to pay the costs and charges so certified, he shall be committed by such justices, or either of them, to the common jail of the city or county, by warrant, there to remain until discharged by the court of general sessions of the peace, or until he shall execute such bond, in the penalty which shall have been required by the justices.

certain bonda

$ 16. The penalty of every bond which shall be taken for the ap- Penalty of pearance of any such reputed father, either before justices of the peace, or at the court of general sessions, shall, in all cases, be such a sum, as shall be deemed a full indemnity, for the expense of supporting such bastard and its mother, as before provided.

disposed of

mination, &c.

$17. During such examination, and until such person shall be Father how discharged by the justices aforesaid, he shall remain in custody of the during exe constable who apprehended him, unless a bond shall have been taken for his appearance as herein provided; and when committed to any jail, he shall be confined therein, without being let to bail, and without being entitled to the liberties thereof.

in case of

out of the

$18. When any bond taken out of the county as aforesaid, by Proceedings which the person charged shall be bound to appear at the next court bond given of general sessions of the peace, shall be returned to the justice who county. issued the warrant, such justice shall in like manner, call in the aid of another justice of the peace of the same county; and the said two justices shall proceed in manner aforesaid, to examine and determine who is the father of such bastard, or of such child likely to be born a

TITLE 6 bastard; and shall make an order of filiation, and prescribe the sum to be paid by such putative father, for the support of such child, and for the sustenance of the mother as aforesaid; and shall certify the reasonable costs of apprehending the said father, and of the order of filiation.

Examination

Mother of

bastard, how

testify.

$ 19. Such examination and order may be made in the absence of in such case. the person so charged, unless before the same be made, he shall personally require of the justice issuing the warrant, that such examination be made in his presence; in which case, reasonable notice of the time and place of such examination shall be given to the person so charged. He may appear and offer testimony in relation to the matters to be inquired into, and the same proceedings shall be had, as in the case of the person so charged being brought before such justice. $ 20. In making any examination hereby authorised, the justice, or compelled to justices, may compel the mother of a bastard so chargeable, or likely to become chargeable, or a woman pregnant with a child likely to be born a bastard and to become so chargeable, to testify and disclose the name of the father of such bastard or child; and in case of her refusal, may, after the expiration of one month from the time of her delivery, she shall be sufficiently recovered, commit her to the common jail of the county, by a warrant under his hand, or the hands of such justices, in which the cause of commitment shall be distinctly set forth, there to remain until she shall testify and disclose the name of such father.“ $ 21. If the mother of a bastard child, chargeable, or likely to besupport bas- come chargeable, as before declared, be possessed of any property in her own right, any two justices of the peace of the county where such mother may be, on the application of any county superintendent, or overseer of the poor, shall examine into the matters, and in their discretion, make order for the keeping of such bastard, by charging such mother with the payment of money weekly, or other sustentation, for the support of such child, as they shall think meet. 43

Mother when

compelled to

tard.

Proceedings

in case of refusal.

Amount or

dered to be

$22. If, after the service of such order, subscribed by the said jus tices, upon such mother, she shall refuse or neglect to perform the same, she shall be committed to the common jail of the county, there to remain, without bail, until she comply with such order, unless she shall execute a bond to the people of this state, in such sum as the said justices shall direct, with good and sufficient sureties, to appear at the then next court of general sessions of the peace, in the said county, and not to depart the said court, without its leave.

$23. The justices who shall have made any order of filiation or paid, may be maintenance against the father or mother of any bastard, may from time to time vary the amount therein directed to be paid, by reducing the same as circumstances may require; and upon the application of

reduced or in

creased.

(42) 1 R. L. 309, § 7. (43) Ib. 306, § 1.

any county superintendent or overseer of the poor interested therein, TITLE 6. and after ten days' notice to be given to the party who may be affected thereby, the court of general sessions of the peace of the county, may increase the sum in and by such order directed to be paid for the support of any bastard; and the said court, on the application of any person affected by such order, and after the same notice to the superintendents or overseers at whose instance it was procured, may reduce the amount directed to be paid by any such order.

$24. Any person who shall think himself aggrieved by any order Appeals from or determination of any two justices of the peace, made pursuant to of justices. any authority hereby given, may appeal therefrom to the next court of general sessions of the peace to be holden in the same county, excepting any person who shall have executed a bond, to perform any order of filiation and of settlement and to indemnify the public, who shall be concluded thereby, and shall not be permitted to appeal from any other part of such order, than such as fixes the weekly or other allowance to be paid. Whenever a bond shall be entered into by a Bond for apperson charged as the father of a bastard, or of a child likely to be pearance to born a bastard, or by the mother of a bastard, for his or her appearance at the next court of general sessions, the same shall be deemed an appeal from the order of filiation or sustenance, or both, as the case may be, and no further or other notice thereof shall be required. In other cases of appeal, notice shall be given to the justices making other cases. the order, and to the other party affected by such order, or to the superintendent or overseers at whose instance the same was obtained, at least ten days previously.44

be deemed an

appeal.

Notice in

ing order not

to sit on ap

$25. No justice of the peace who shall have assisted in any judg- Justice makment or in making any order appealed from, shall sit in the court of general sessions upon the hearing of any appeal, made from such judgment or order.44

peal.

Bonds, &e.

when to be

filed in clerk's

S 26. The justices who shall have taken or received any bond for the appearance of any party at the general sessions, shall transmit the same to the clerk of the court before the opening thereof, together office. with the orders of maintenance and sustenance which shall have been made, or true copies thereof signed by the justices making the

same.

appeals

$27. Subpoenas shall be issued by the clerk of the court in vaca- Subpents on tion as well as in term, and be delivered to any party to such appeal, requiring the same: and obedience to such subpoenas shall be enforced, and the witnesses summoned may be compelled to testify, in the same manner as in criminal cases pending in such court.

$ 28. The court to which such appeal may be made, shall proceed Proceedings to hear the allegations and proofs of the respective parties, and the party appeal.

(44) 1 R. L. 309, § 9 & 10.

on hearing