for said county, under oath, who says that she is now pregnant with a child, and that the said child is likely to be born a bastard; and that C. D., of Grafton precinct, in the said county, is the father of the said child. Taken, signed, and sworn, this A. B. day of 18 before me, } State of Illinois, ? La Salle county, ss. The complaint of A. B. of Grafton precinct, in said county, an unmarried woman, made before John Ritchie, Esquire, one of the justices of the peace in and for said county, under oath, who says that on the of day 18 at Grafton precinct, in the county aforesaid, she was delivered of a (male) bastard child; and that C. D., of Grafton precinct, in the said county, is the father of the said child. Taken, signed, and sworn, this A. B. day of 18 before me, John Ritchie, Justice of the peace. Form of a warrant before birth. State of Illinois, La Salle county, ss. The people of the state of Illinois. to the sheriff or any constable of the said county: Whereas, A. B. of Grafton precinct, in the said county, an unmarried woman, has this day made complaint, under oath, before John Ritchie, Esquire, a justice of the peace in and for said county, that she is pregnant with a child which is likely to be born a bastard, and that C. D. is the father of the said child: We, therefore, command you to arrest the said C. D., and bring him before the said justice to answer unto the said complaint, and to be further dealt with according to law. Given under the hand and seal of the said justice, the day of John Ritchie. [L. S.] 18 Form of a warrant after birth. State of Illinois, La Salle county, ss. The people of the state of Illinois to the sheriff or any constable of the said county: Whereas, A. B. of Grafton precinct, in the said county, an unmarried woman, has this day made complaint, under oath, before John Ritchie, Esquire, a justice of the peace in and for said county, that on the 18 at Grafton precinct, in the county aforesaid, she was delivered of a (male) bastard child, and that C. D. is the father of the said child: day of We, therefore, command you to arrest the said C. D., and bring him before the said justice to answer unto the said complaint, and to be further dealt with according to law. Given under the hand and seal of the said justice, the day of John Ritchie. [L. S.] 18 Form of oath or affirmation, upon the examination. You do swear in the presence of the ever living God, (or "you do solemnly, sincerely, and truly declare and affirm,") that you will true answers make to all such questions as shall be put to you touching the present complaint, now in hearing, against C. D. Form of bond for appearance at the circuit court. State of Illinois, 2 La Salle county, ss. Know all men by these presents, that we, C. D., P. Q., and R. S., are held and firmly bound unto the people of the state of Illinois, in the sum of dollars, to be paid to the said people; for which payment well and truly to be made, we bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated the day of 18 Whereas, complaint has been made before John Ritchie, Esquire, one of the justices of the peace in and for the said county of La Salle, by A. B. of Grafton precinct, in said county, an unmarried woman, that she is pregnant with a child, which is likely to be born a bastard, (or "that on the day of 18 she was delivered of a (male) bastard child,) and that C. D. is the father of the said child, whereupon the said justice issued a warrant, and caused the said C. D. to be brought before him to answer the said complaint, and to be further dealt with according to law; and upon the examination of the said A. B. upon oath, (or "affirmation,") in the presence of the said C. D. touching the said charge, and upon due consideration thereupon had, the said justice was of opinion that sufficient cause appeared, and did adjudge and determine that the said C. D. enter into a bond, with good and sufficient security, to appear at the next circuit court to be held in and for the said county of La Salle to answer to such charge. Now, therefore, the condition of this obligation is such, that if the above bounden C. D. shall appear at the next circuit court to be held in and for the said county of La Salle, and answer to the said complaint, and not depart the court without leave, then this obligation to be void, otherwise to remain in force. Signed, sealed, and delivered, in the presence of C. D. [L. S.] Form of commitment on neglecting or refusing to give bond. State of Illinois, La Salle county, S ss. The people of the state of Illinois to the sheriff or any constable of the said county, and to the keeper of the common jail of the said county: Whereas, complaint has been made before John Ritchie, Esquire, one of the justices of the peace in and for the said county, by A. B. of Grafton precinct, in said county, an unmarried woman, that she is pregnant with a child which is likely to be born a bastard, (or "that on the day of 18 she was delivered of a (male) bastard child,") and that C. D. is the father of the said child, whereupon the said justice issued a warrant, and caused the said C. D. to be brought before him to answer to the said complaint, and to be further dealt with according to law; and upon the examination of the said A. B., upon oath, (or "affirmation,") in the presence of the said C. D., touching the said charge, and upon due consideration thereupon had, the said justice was of opinion that sufficient cause appeared, and did adjudge and determine that the said C. D. enter into a bond, with good and sufficient security, to appear at the next circuit court to be held in and for the said county of La Salle, to answer such charge: and the said C. D. having neglected (or "refused") to give such bond and security, We, therefore, command you, the said sheriff, or constable, forthwith to convey the said C. D. to the common jail of the said county, and deliver him to the keeper thereof, together with this precept; and you, the said keeper, are hereby required to receive the said C. D. into your custody, in the said jail, there to be held to answer such complaint, until he shall give such bond and security, or until he shall be discharged by due course of law. Given under the hand and seal of the said justice, the day of John Ritchie. [L. S.] 18 "SEC. 2. The circuit court of such county, at their said next term, shall have full cognizance and jurisdiction of the said charge of bastardy, and 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. Such inquiry shall not be ex parte, when the person charged shall appear and deny the charge; but he shall have a right to appear and defend himself by counsel, and controvert, by all legal evidence, the truth of such charge. "SEC. 3. If at the time of such court, the woman be not delivered, or be 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. "SEC. 4. On the trial of every issue of bastardy, the mother shall be admitted as a competent witness, and her credibility shall be left to the jury. She shall not be admitted as a witness, in case she has been duly convicted of any crime, which would by law disqualify her from being a witness in another case. "SEC. 5. In case the issue be found against the defendant, or reputed father, or whenever he shall, in open court, have confessed the truth of the accusation against him, he shall be condemned by the judgment of the said court, to pay such sum of money, not exceeding fifty dollars, yearly, for seven years, as in the discretion of the said court may seem just and necessary for the support, maintenance, and education of such child; and shall, moreover, be adjudged to pay all the costs of the prosecution, for which execution shall issue, as in other cases of costs. The said defendant, or reputed father, shall give bond and security for the due and faithful payment of such sum of money, as shall be ordered to be paid by the said court, to be paid by him for the period aforesaid; which shall be made payable quarter yearly to the judge of the court of probate, and his successor in office, for the county in which the prosecution aforesaid was commenced; and the same, when received, shall be laid out and appropriated, from time to time, by the said judge, under his order and direction, for the purposes aforesaid; 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: Provided, always, That the said reputed father, after giving bond with approved security, to the court of probate in said county, conditioned for the suitable maintenance of any such child, for the term aforesaid, shall be permitted to take charge and have the control of his said child; and from the time of the said father taking charge of such child, or should the mother refuse to surrender the said child, when so demanded by the said father, then, and from thenceforth the said father shall be released and discharged from the payment of all such sum or sums of money as may thereafter become due against the said father, for the support, maintenance, and education of any such child. If the said child should never be born alive, or being born alive, should die at any time, and the fact shall be suggested upon the record of the said court, then the bond aforesaid shall from thenceforth be void. But when a guardian shall be appointed for such bastard, the money arising from such bonds shall be paid over to such guardian. "SEC. 6. If upon the trial of the issue aforesaid, the jury shall find that the child is not the child of the defendant, or pretended 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. "SEC. 7. 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. "SEC. 8. 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." CHAPTER VI. OF CONTEMPTS OF COURT. 1. Of the power to punish for a contempt. 1. Of the power to punish for a contempt. Every court has power, while in the exercise of its lawful functions, to preserve order, decency, and silence, for, without this power, no tribunal can exist. Str., 408. 6 John. Rep., 507. If a contempt be committed in the face of a court, as, by rude and contumelious behavior, by obstinacy, perverseness, or prevarication, by breach of the peace, or any wilful disturbance whatever, the judge may order the offender to be instantly apprehended and imprisoned, at his (the judge's) discretion, without any further proof or examination. Arch. Crim. Pl., 367. From time immemorial, the courts of England, and from the first settlement of this country, the courts here, have claimed and exercised the power to punish contempts in a summary manner. 1 Wheeler's Crim. Cases, 523. It appears that this power, so far from being repugnant to the words or spirit of Art. VIII., Sec. 8, of our constitution, which declares "that no freeman shall be imprisoned or disseized of his freehold, liberties or privileges, or outlawed or exiled, or in any manner deprived of his life, liberty or proper |