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person of being the father of the child. The clerk shall examine the mother of such bastard child under oath, concerning her residence, and her married or single condition when the child was begotten, where and when she was delivered of such child, and if she was delivered of the child out of this Commonwealth, of the reason thereof, and reduce her statement to writing, and sign the same as clerk. If, however, the clerk fail to reduce the statement to writing, or if it should be lost, such failure or loss shall be no cause for dismissing the warrant.

3. On such examination, if the child appear to be less than three years old, a warrant shall be issued by the clerk, directed to a sheriff or any constable, requiring the person accused to be arrested and brought before the county judge of the county wherein he may be found, who shall require him to enter into bond, with good security, in a sum to be fixed by such judge, not exceeding two thousand five hundred dollars, for his appearance in the county court of the county in which the warrant issued, on the first day of the next term thereof, and to perform the judgment of said

court.

§4. If the person accused shall fail to give the bond required of him, the judge shall forthwith commit him to the jail of the county whence the warrant issued, there to remain until he enter into the required bond, or otherwise be discharged by due process of law.

5. Should the case be continued at any term of the court, the bond may also be continued, by the consent, in open court, of the accused and his sureties, or a new bond given; or, on the failure of the accused to give bond, he shall be committed to jail, there to remain until such bond. is given, or the cause is tried. But should the accused fail to appear as required by his bond, and remain to respond to and satisfy any judgment that may be rendered against him, the bond for his appearance as aforesaid shall be forfeited, and judgment rendered thereon; but if, after judgment is rendered against the surety or sureties, such surety or sureties, or one of them, shall enter into bond, with good security, to be approved by the court, conditioned to pay such sums as may be adjudged against the accused, in such installments as the court may direct as hereinafter provided; then, in that case, the court shall set aside the judgment

GEN. STAT.-II

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upon the forfeiture, the costs, including fifteen per centum upon the amount of the bond to the county attorney, having been first paid by such surety or sureties.

§ 6. If the accused shall fail to appear, the trial of, or Trial, proceed other proceedings in the cause, shall, nevertheless, proceed as though he were present; and the court shall, upon the verdict of the jury, make all such orders as it shall deem proper, precisely as though the accused were in court, or make all such orders as it shall deem proper to carry out the provisions of the preceding section, should the surety or sureties, or either of them, avail himself or themselves of the provisions thereof.

Who may testify,

and what shall be

no cause for dis

missing the war

rant.

cused, effect of.

§ 7. On the trial of the cause, the mother of the child, unless she is otherwise incompetent, may be a witness for all purposes; and if the party accused desire it, unless he is otherwise incompetent, he shall be examined on oath. Other evidence may be adduced by either party. That the child was delivered in another State shall be no cause for dismissing the warrant, if the mother be a bona fide resident of this Commonwealth at the time the child was begotten or born.

§ 8. If the finding of the jury shall be in favor of the Verdict for ac accused, he shall be discharged, unless there be a motion. for new trial, in which case he shall be held until such motion be disposed of; and if a new trial is granted, the same course shall be pursued toward the accused as in case of continuance.

§ 9. If the finding of the jury be against the accused, If the verdict is they shall find what sum he shall pay per year, and for

against accused,

find, and what

ment the court shall enter.

what jury shall what number of years; and the court, in rendering judgmanner of judgment thereon, shall make an order for the annual payment in such installments (monthly, quarterly, or half-yearly) as shall seem best, and shall also make such order for the keeping, maintenance, and education of the child as may be proper; and in case of forfeiture and judgment thereon, should the surety or sureties, or either of them, fail or refuse to avail himself or themselves of the provisions hereof, the money collected upon the judgment upon the forfeiture, after payment of the costs and fifteen per cent. to the county attorney, shall be applied in payment of the judgment against the accused; and if any balance remains after the

payment of said judgment, it shall be paid to the trustee of the jury fund.

§ 10. The accused who has failed to execute bond before judgment, if he shall be adjudged to be the father of the child, shall thereupon enter into bond, with good security, to be approved by the court, conditioned for the payment of the sums adjudged, in such installments as the court shall direct. In case of his failure to enter into such bond, the court shall commit him to jail, there to remain until he shall give such bond, pay the money, or be discharged as an insolvent debtor, having first given to the county attorney ten days' notice of his intended application for such discharge. § 11. If the bond required be given, the payment of the installments therein set forth may be enforced by rule and attachment, or by execution, which may issue upon said bond as executions issue upon replevin bonds. If the child shall die before the expiration of aforesaid bond, the person adjudged to be the father of the child shall, by order of the court, be discharged therefrom, upon payment, by himself or sureties, of the amount owing upon the same at the date of the death of the child.

12. If the adjudged father shall appeal, with a supersedeas to the Court of Appeals, from the decision of the circuit court, and the decision shall be affirmed, the sureties in the appeal or supersedeas bond shall be liable for all the father had been adjudged to pay, and also the costs and ten per centum damages on the appeal; and the Court of Appeals shall allow a fee to the Attorney General, if he shall defend the appeal, not exceeding twenty-five dollars, which shall be taxed as costs in the case in said court.

13. If the jury shall find against the person accused, he shall be adjudged to pay the costs; and the court shall allow to the county attorney, if he prosecute, a fee, which shall be taxed as part of the costs.

case:

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14. The following shall be the form of the bonds men- Bonds, form of. tioned in this chapter, which may be varied to suit each being in custody on a charge of bastardy, we (or I, as the case may be) agree that he shall appear in the county court on the first day of its next term, and surrender himself in custody, and not depart until he has performed the orders and judgments of said court made in the prosecution of said charge; and if he fails in any of

or substance

when not to ope

rate as a release

these things, we will pay to the Commonwealth of Ken

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dertake that we will pay to the Commonwealth of Kentucky

such sums as may hereafter be adjudged against

now standing charged in the county court of
being the father of a bastard child, of which

with

is

the mother, in such installments as the court may hereafter direct. Attest:

county clerk.

15. No person shall be released from liability on any Defects as to form bond provided for in this chapter for defects of the form or substance of it, if it can be ascertained from it that such person intended to bind himself to perform, or that any other person shall perform, any act under the law in regard to bastardy.

of surety in a bas

tardy bond.

S. A. 1860.

Deaf and dumb mothers, &c.how to proceed to

procure warrant

of bastardy, and

herein of the duty

of courts and officers.

§ 16. If any woman, the mother of a bastard child, who may be deaf and dumb, or who may be unable to speak the English language intelligibly, shall desire to avail herself of the benefits of this chapter, and the several sections thereof, in favor of herself and her bastard child, it shall be the duty of the clerk to whom she may apply to procure the services of a discreet and competent person to act as interpreter, one who is able to understand what the applicant shall desire to communicate, by comprehending her signs, tokens, characters, or her language; and having first administered to such interpreter an oath faithfully to discharge his or her duty as such, shall proceed to learn the facts which by this chapter he is required to ascertain. He shall thereupon proceed, in all respects, in the same manner as is directed in this chapter in regard to bastardy cases. Upon the hearing in the county court an interpreter may be called and used as a witness, as in other cases in which that method of obtaining testimony is or may be resorted to as authorized by law. (a)

(a) The warrant need not be produced if the defendant has given bond or recognizance for his appearance to answer the charge. The statement required to be made by the mother, in order to obtain the warrant, need not be filed in the record. (Commonwealth vs. Hazlerigg, 18 B. M., 31-2.)

2. Proceedings under this act are civil, not criminal. (4 Metcalfe, 67; 3 Monroe, 214; 7 J. J. M., 584; Francis (of color) vs. Commonwealth, 3d Bush, 4.) After bond given by defendant, his presence is not necessary to a trial. (4th Metcalfe, 67.)

3. An infant may be charged and proceeded against as the father of a bastard. Guardian ad litem must be appointed. (Chandler vs. Commonwealth, 4 Metcalfe, 67.)

4. It is error for the court to refuse to set aside an order of forfeiture on a bastardy bond, if

CHAPTER 8

BOUNDARY.

ARTICLE I.

Historical Sketch of the manner the Boundary was formed and finally fixed.

The boundary of the State of Kentucky is to be ascertained-First. By reference to the deed of cession of territory northwest of the Ohio river by the Commonwealth of Virginia, to the Congress of the United States, dated the first day of March, 1784. Second. By the act of the Virginia Legislature, known as the "Compact with Virginia," entitled "An act concerning the erection of the District of Kentucky into an independent State," passed the 18th day of December, 1789. Third. By the act of the Virginia Legislature of 1776, by which the county of Fincastle was divided, and three additional counties established, viz: Kentucky, Washington, and Montgomery; and fourth. By reference to arrangements made between Virginia and Kentucky, and between Kentucky and the State of Tennessee. (a) (b) (c) The Legislature of Virginia, in the organization of counties on the western border of the State, prior to the act of cession, never gave them a definite boundary westwardly, but left them to be bounded by the western limits of the charter granted by the British Sovereign. This deed of cession, for the first time, marked the western boundary of the State. By that instrument she ceded to the United States, for the common use and benefit of all the States, Virginia inclusive, "all right, title, and claim, as well of soil as of jurisdiction, which the said Commonwealth had to the territory or tract of territory within the limits of the Virginia charter, situated, lying, and being to the northwest of the Ohio river." This act of cession limited the western bound

I R. S., 201. Boundary, how ascertained.

Western bound

vol. 4, 334.

ary. Cong. Jour.,

the defendant appears on the day next after the forfeiture, and shows reasonable ground for his non-appearance. (Reggen vs. Commonwealth, 3 Bush, 493.)

5. The law is unwilling to bastardize children. Those who allege illegitimacy must prove it. (Dannelli vs. Dannelli's adm'r, 4 Bush, 60.)

6. After proceedings commenced in a case of bastardy, it cannot be dismissed on motion or request of the mother. (Commonwealth vs. Davis, 6 Bush, 295.)

7. Children of slaves who, after their emancipation, failed to conform to the act of 1866 (Myers' Sup., 734), on the subject of marriage, must be regarded as bastards; and in such cases the mother is entitled to the services of the infant, even as against the putative father. (Allen vs. Allen, 8th Bush, 490.)

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