TITLE 6. Court may affirm, quash or vary orders. in whose favor any order was made, which shall be the subject of appeal, shall be required to substantiate the same by evidence. If the mother of any bastard be dead or insane, the testimony given by her on her examination, shall be received in the same manner as if she were present and testified to the same.45 $ 29. The court may affirm or quash any order of filiation or sustenance, or may reduce or increase the sum directed by any such order to be paid for the support of a bastard or for the sustenance of its mother; but no such order shall be quashed for any defects in the form thereof, but the same shall be amended by the said court according to the facts and justice of the case. If at the time of hearing such apWhen hoar peal the child supposed likely to be born a bastard, shall not be born, the court may adjourn such hearing from time to time, until such child be born, and shall take a recognizance from all parties bound to ap ing may be adjourned. In certain ea ses father to pear. $30. If the woman so pregnant shall be married, before she be debe discharged livered of such child, or if she shall miscarry so that such child shall not be born alive, or if it shall appear that she is not so pregnant, then the person charged as the father of such child, shall be discharged from custody if imprisoned, or from his bond or recognizance, by the court of general sessions of the peace of the county, before whom such fact shall appear, or shall be immediately relieved out of custody, by warrant under the hands and seals of the justices by whom he was committed, upon such fact appearing to them.46 On affirm. ance of order father to give $31. If, upon such hearing, the court of general sessions of the of filiation, peace affirm the order of filiation, by which any person shall be deterbond. mined to be the father of a bastard, or a child likely to become a bastard, the said court shall require such person immediately to enter into a bond to the people of this state, in such sum as it shall prescribe, with good and sufficient sureties, conditioned that such person shall pay weekly or otherwise, as shall have been directed by the order of filiation and sustenance, such sum for the support of such bastard or child, and for the sustenance of its mother during her confinement and recovery therefrom, as shall have been so ordered by two justices of the peace or as the same shall have been or thereafter shall be, modified by the court of general sessions of the peace, and that he will fully and amply indemnify the county and town, or the county and 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 which may be put any expense, for the support of such child or its mother, during her confinement and recovery therefrom. (45) 1 R. L. 310, § 12. (46) Ib. 307, § 3. $32. If any person against whom such order shall be affirmed, shall TITLE 6. refuse or neglect to execute such bond, with such sureties, to the sa- Consequentisfaction of the said court, he shall be committed to the common jail of ces of neglect the county by an order of such court, there to remain until he shall execute such bond or be discharged by the said court. pearance ed. S33. If any person bound to appear at any court of general ses- Bond for apsions, on the charge of being the father of a bastard, or of a child when forfeitlikely to be born a bastard, shall depart the said court without executing the bond it may require, or without being discharged by the said court from the bond executed by such person for his appearance, the said bond shall be thereby deemed to be forfeited, and may be prosecuted as herein after directed. in respect to bound to ap $34. Where the mother of any bastard shall be bound to appear Proceedings at any court of general sessions, to answer on account of any order mother made against her, for the support of such bastard, or shall be commit- poar. &c. ted for neglect or refusal to enter into such bond, the court shall examine into the matter, compel the attendance of witnesses, and hear the allegations and proofs of the parties, in the same manner as herein before directed in the case of an appeal. affirm, vary order. $35. If the court shall be satisfied that such mother has property Court may in her own right, so as to be able to support such bastard or contri- or discharge bute to its support, it shall confirm the order made for that purpose, and may in its discretion, vary the amount ordered to be paid weekly or otherwise. If not so satisfied, the court shall discharge such woman from her bond, and if in custody, from her imprisonment. on affirming $36. If the court affirm such order, it shall require the said mother Proceedings to execute a bond, in such sum as it shall prescribe, with sufficient order. sureties, to the people of this state, conditioned that such mother will faithfully comply with and obey the order for the support of such bastard, so made and affirmed, as the same shall have been modified, or may thereafter be modified by the court of general sessions of the peace. If she shall refuse or neglect to execute such bond, she shall be committed, by an order of the said court, to the common jail of the county, there to remain until she shall execute such bond, or until she shall be discharged by the court. peal. $37. The court shall award costs to the party in whose favor any Costs on apsuch appeal shall be determined, and to any party to whom notice of" appeal shall be given and not prosecuted. When awarded against any county superintendents, or overseers of the poor of any town not liable for the support of its own poor, the amount shall be paid by the county treasurer, on the production of a certified copy of the order, and of the taxed bill of such costs, and shall be by him charged to the town which shall be bound to support such bastard, if any town in the same county be so liable, and if there be no town so liable, then to be charged to the county. TITLE 6. Costs on ap peal. When court may make original order $38. In other cases, the payment of such costs may be enforced by rule and attachment of the same court, or by an action founded on the order for their payment. If the party against whom costs are awarded, reside out of the jurisdiction of the court of general sessions, an action may be brought on such order by the party entitled to such costs, in which the production of a certified copy of the order, and of a taxed bill of the costs, shall be sufficient evidence.47 any $39. If the court of general sessions quash any order of filiation and maintenance, for other reason than upon the merits and facts, of filiation such court shall proceed and make an original order of filiation, in the same manner as any two justices of the peace may, by law; or such court shall bind over the person charged, to appear at the next general sessions. Proceedings $40. In case of any order being quashed, for any other reason for than on the merits, and the person charged being bound over as aforeinformaity. said, the same proceedings may be had by the justices of the peace quashed -Whon father or mother imprisoned, for the apprehension of the person charged as father of a bastard, or of a child likely to be born a bastard, and for the making of an order of filiation and maintenance, and for the commitment of such person in default of executing any bond required by law, as are herein authorised in the first instance. And the same proceedings shall be subsequently had in all respects. $ 41. Whenever any person shall be committed to prison charged as the father of a bastard, or of a child likely to be born a bastard, and duty of court. whenever any mother of a bastard shall be so committed, for their default in not executing a bond to support such child, or to indemnify the public, it shall be the duty of the court of general sessions of the peace of the county, to inquire from time to time into the circumstances and ability of such father or mother to support such bastard, or to procure sureties to be bound with either of them. When to be Certain no tice before be given. $42. If the court shall at any time be satisfied that such father or mother is wholly unable to support such child, or to contribute to its support, or to procure sureties to be bound with either of them, the said court may, in its discretion, order such father or mother to be discharged from such imprisonment. $43. Before any order for such discharge shall be entered, the discharge, to court shall be satisfied, that reasonable notice has been given to the overseers of the poor, or the county superintendents, at whose instance such father or mother may have been committed, of the inten tion to apply for such discharge, and shall hear the allegations and proofs of the said superintendents or overseers, and may examine such father or mother on oath, in relation to their circumstances. (47) 1 R. L. 310, § 11. to apply to S44. Whenever a father or mother shall be lawfully committed TTTLE & for the causes in the last section specified, or either of them, he or she Insolvent shall not be discharged from imprisonment under or by virtue of any acts, &c. not insolvent act, or other act for the relief or discharge of imprisoned persons imdebtors, or in any other way, until discharged by the court of general der this Title sessions of the peace of the county. prisoned un pearance, to to be trans court. $45. The bonds taken by any justice or justices of the peace, for Bonds for ap the appearance of any person charged as the father of a bastard, or of be signed; a child likely to be born a bastard, or for the appearance of any mother mitted to of a bastard child, at any court of general sessions of the peace, shall be signed by the persons binding themselves as principal and sureties, and shall be transmitted by the justice taking the same, or receiving the same from any constable as herein provided, to the said court, at the opening of the next term thereof. prosecuted, $ 46. If any default shall be made, by which such bond shall be- How to be come forfeited, the court shall cause the same to be prosecuted by the &c. district attorney of the county, and the penalty thereof shall be recovered, and when collected, shall be paid to the county treasurer, to be by him credited to the town liable for the support of the bastard, if there be any such town in the county, and if there be none, then to be credited to the county. of bonds to tarde. $47. Whenever a bond shall be taken to perform any order that Prosecution may be made in relation to the support of any bastard, or of any child support baelikely to be born a bastard, or for the sustenance of its mother, and any breach shall happen in the condition thereof, the same may be prosecuted in the name of the people of this state, by the county superintendents of the county, or the overseers of the poor of the town, which was liable for the support of such bastard or child, or which may have incurred any expense in the support of such bastard or child, or in the sustenance of its mother during her confinement and recovery therefrom. thereon; deemed a $48. In such action, the breaches of the condition shall be assign- Proceedings ed as in actions brought on bonds with condition other than for the what to be payment of money, and the same proceedings shall be had in all re-brench. spects. It shall not be necessary to prove the actual payment of money by any county superintendent, overseer of the poor, or other person, but the neglect to pay any sum which shall have been ordered to be paid by any competent authority, for the support of the child, or the sustenance of its mother, shall be deemed a breach of the condition of such bond, and the amount of damages to be assessed in such case, shall be the sum which was so ordered to be paid, and which was withheld up to the time of the commencement of such suit, with interest thereon. TITLE 6. $ 49. For any breaches, of the condition of such bond which shall happen after the recovery of any damages, or the commencement of any suit, a scire facias may be issued, and the same proceedings had, of recovery. as in actions brought on bonds with conditions other than for the pay Subsequent breaches; application Costs on judgment for defendant; how collect ed. Giving of bond not to prevent actions for ex tards, &c.; ment of money. All monies which shall be collected upon any such bond, shall be paid to the county treasurer, and by him credited to the town liable for the support of such bastard, if there be any such town in the county, and if there be none, then to be credited to the county. $50. If in any such suit upon a bond, in the name of the people, the same shall be discontinued, or non-prossed, or judgment shall pass for the defendant on verdict, demurrer or otherwise, the relators, and their successors in office, shall be liable to pay such costs as the court shall award; which payment may be enforced by rule and attachment of the court, and shall be reimbursed by the county treasurer, and be by him charged to the town liable for the support of such bastard, if there be any such town in the same county, and if there be none, to the county. $51. An action may be maintained by the county superintendents of the county, or by the overseers of the poor of the town, which pense of bas may be liable for the support of any bastard, or child likely to be born a bastard, or which may have incurred any expense, or be liable to any expense, in the support of such child or the sustenance of its mother, upon any order that may be made by any two justices of the peace, or by a court of general sessions, for the payment of a sum weekly, or otherwise, for such support or sustenance, notwithstanding a bond may have been executed to comply with such order, and to indemnify any such county or town; and in case of the death of cutors, &c. the person against whom such order was made, an action may also be maintained on such order against his executors or administrators. But when a bond is entered into, to appear at the next general sessions of the peace, no action shall be brought on any such order, until the same shall have been affirmed by the said general sessions. may be brought against exe Proceedings against father or mother of bastard, ab $ 52. If the putative father or mother of any bastard, or of any child likely to be born a bastard, and to become chargeable, shall run sconding, &c. away from the place of their ordinary residence, leaving such bastard or child chargeable, or likely to become chargeable to the public, the overseers of the poor of the town, or the superintendents of the poor of the county, where any such bastard shall be born or be likely to be born, may apply to any two justices of the peace of the county where any estate, real or personal, of the putative father or mother of such bastard shall be, for authority to seize and take such real and personal estate. Upon due proof being made, to the satisfaction of such justices, of the said facts, they shall issue their warrant, in the same manner as is provided in the first Title of this Chapter, in relation to parents absconding and leaving their children chargeable; and the same |