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12. They were repealed by an act passed in 1840, giving
the defendant the right to a trial by jury; 2 R. S. 3d ed.
654-657, sec. 10-27; but which, according to the case of
Prigg v. The Commonwealth of Pennsylvania, 16 Peters,
539-674, is unconstitutional, See also, Jack v. Martin, 12
Wend. 314; S. C., in the court of errors, 14 Wend. 507.

§ 920. No person, claiming that he or another is entitled to the services of a person alleged to be held to labor or service in a state or territory of the United States, can take or remove, or do any act towards removing, from this state, the person whose service or labor is soclaimed, except as authorized by this title.

7. ken from 2 R. S., 3d ed. 658, sec. 32.

§ 921. A violation of the last section is a felony, and subjects the person guilty thereof, to imprisonment in the state prison, not exceeding ten years, and to a penalty of five hundred dollars, recoverable in a civil action, by the party aggrieved.

Taken from 2 R. S., 3d ed. 657, sec. 26.

§ 922. No judge or other officer of this state can grant or issue a certificate, or other process, for the removal from this state, of a person claimed, as held to labor or service in a state or territory of the United States, otherwise than in pursuance of the provisions of this title.

Taken from 2 R. S., 3d ed. 657, sec. 25.

(

923. A violation of the last section is a misde

meanor.

Taken from 2 R. S., 3d ed. 657, sec. 25.

TITLE VI.

OF PROCEEDINGS RESPECTING BASTARDS.

CHAPTER I. Proceedings before magistrates.

II.

Appeals from the orders of magistrates.

III. Enforcement of the undertaking for the support of the bastard or its mother, or for appearance on appeal.

The provisions of this title, contained in the three chapters above enumerated, are in substantial conformity with the corresponding provisions of the Revised Statutes, referred to in the notes to the several sections. While those provisions are much condensed, their spirit has been preserved. The Commissioners have, however, omitted the portions of the Revised Statutes, relating to the duties of superintendents and overseers of the poor, and alms-house officers, as belonging rather to the political than the judicial regulations on the subject. In this respect, as in every other embraced in this code, they have confined themselves to matters strictly of a judicial nature.

CHAPTER I.

PROCEEDINGS FEFORE MAGISTRATES, RESPECTING BASTARDS.

SECTION 924.

Definition of a bastard.

925. Wh are liable for its support.

926. When bastard, chargeable to the public, is born or likely to be born, application to be made to a justice of the peace or police justice, to inquire into the facts.

927. Examination by the magistrate, and warrant against the father. 928. Justice designated as a magistrate, and person proceeded against

as defendant.

929. Warrant, when to be served in another county.

930. Magistrate in anc'her county, may take undertaking for support of bastard and mother, or for appearance of defendant at the sessions.

931. On giving underta king, defendant to be discharged.

932. If undertaking not given, defendant to be taken before magistrate who issued the warrant.

933. Before what magistrate in the same county, defendant is to be
taken, when the magistrate issuing the warrant is unable to act.
934. The magistrate to associate with himself, another magistrate, and
they to examine the matter.

935. Adjournment of examination. Security from defendant.
Determination of the case, and order of the magistrates.

936.

937. Defendant to pay the costs, and give undertaking for support of bastard and mother, or for appearance at sessions.

938. On giving undertaking, defendant to be discharged; otherwise, to be committed.

939. Commitment of defendant, during examination.

940. Proceedings by magistrate, when security is given by defendant on arrest out of the connty.

941. Examination in such case, and order thereon.

942. Magistrates may compel mother to disclose the father of the bastard. Proceedings, if she refuse.

943. If mother possess property, two magistrates may make an order

that she pay for the support of the child.

944. If she do not comply, she must be committed, or discharged on
undertaking.

945. Magistrates may reduce amount directed to be paid by the father
or mother. Court of sessions may reduce or increase it.
946. Proceedings against the father or mother, absconding from their
place of residence.

§ 924. A bastard is a child who is begotten and born,

1. Out of lawful matrimony:

2. While the husband of its mother was separate from her, for a whole year previous to its birth: or

3. During the separation of its mother from her husband, pursuant to a judgment of a competent court.

The same in substance as 1 R. S., 3d ed. 822, sec. 1.

§ 925. The father and mother of a bastard are liable for its support. In case of their neglect or inability, it must be supported by the county, city or town in which it is born, as provided by special statutes.

The same in substance as 1 R. S., 3d ed. 822, sec. 2.
CRIM. CODE.
E.]
27

§ 926. If a woman be delivered of a bastard, or be pregnant of a child likely to be born such, and which is chargeable to a county, city or town, a superintendent of the poor of the county, or an overseer of the poor or other officer of the almshouse of the town or city where the woman is, must apply to a justice of the peace or police justice in the county, to inquire into the facts of the case.

The same in substance as 1 R. S., 3d ed. 823, sec. 5.

927. The magistrate must, by the examination of the woman on oath, and any other testimony which may be offered, ascertain the father of the bastard, and must issue his warrant, directed to a peace officer of the county, commanding him, without delay, to apprehend the father and bring him before the justice, for the purpose of having an adjudication as to the filiation of the bastard.

The same in substance as 1 R. S., 3d ed. 823, sec. 6.

§ 928. An officer issuing a warrant or making an examination, as provided in this title, is designated as a magistrate, and the person against whom the warrant is issued, as the defendant.

§ 929. If the defendant reside in another county than that in which the warrant issued, the magistrate must, by an endorsement thereon, direct the sum in which the defendant shall give security, and the officer must deliver the warrant to a justice of the peace or police jus

tice in the city or town in which the defendant resides or is found. The magistrate to whom it is presented, on proof, under oath, of the signature of the magistrate who issued the warrant, must then endorse a direction thereon, that it be served in the county in which he resides, and the defendant may be arrested in that county accordingly. Upon this proof, the magistrate endorsing the warrant is exempted from liability to a civil or criminal action, though it afterwards appear that the warrant was illegally or improperly issued.

The first sentence of this section is the same in substance as 1 R. S., 3d ed. 823, sec. 7; the second is taken from 2 R. S., 3d ed., 835, sec, 73, and is conformable in its language to sec. 157, of this code, p. 73, 74.

§ 930. When the defendant is arrested in another county, he must be taken before the magistrate who endorsed the warrant, or before another magistrate of the same city or county, who may take from the defendant an undertaking, with sufficient sureties, to the effect:

1. That he will indemnify the county, and town or city, where the bastard was or is likely to be born, and every other county, town or city, against any expense for the support of the bastard, or of its mother during her confinement and recovery, and to pay the costs of arresting the defendant, and of any order of filiation that may be made, or that the sureties will pay the sum endorsed on the warrant; or,

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