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Bastardy.

peace, a verdict that the defendant is guilty, is insufficient under the statute. 10 Ind. 353.

The affidavit, or even the verdict, as to fear of bodily harm to one's self or any member of his family, may be in the alternative. 11 Ind. 312.

SEC. 2. BASTARDY.

SEC. 1. When any woman who has been delivered of, or is pregnant with, a bastard child, shall make a complaint thereof, in writing, under oath, before any justice of the peace, charging any person with being the father of such child, such justice shall, by his warrant, cause such person to be arrested and brought before him.

SEC. 2. Upon the arrest of such person, or the return of the warrant that he can not be found, such justice shall proceed to hear and determine such complaint.

SEC. 3. The prosecution shall be in the name of the State of Indiana, on the relation of the prosecuting witness, but the rules of evidence shall be the same as in civil cases, and the mother of the child, if of sound mind, shall be a competent witness.

SEC. 4. If the justice, on hearing, adjudge the defendant to be the father of such child, he shall, if such defendant is in custody, require him to give bond in a sum not less than two hundred, nor more than ten hundred dollars, with sufficient sureties, payable to the State of Indiana, and conditioned that he will appear at the next term of the circuit court of such county to answer such complaint, not depart without leave, and abide the judgment and orders of such court, or, failing therein, that he will pay such sums of money, and to such person, as may be judged by such court, and shall transmit such bonds, together with a transcript of his proceedings and the other papers in the cause, without delay, to the clerk of the circuit court of the proper county; and if such defendant shall fail to give such bond, such justice shall commit him to jail until discharged by law; such bond, or any bond given by such defendant on any continuance or ar

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rest, may be put in suit by any person in whose favor the court may adjudge any sum of money in such prosecution.

SEC. 5. Any person committed to jail for failure to give bond, may be discharged from custody by filing at any time after his commitment, with the clerk, such bond, to the satisfaction of such clerk, and a certificate of the clerk to the sheriff shall be sufficient to authorize him to discharge said defendant from custody.

SEC. 6. The trial and continuance thereof of such prosecution, both before the justice and in the circuit court, shall, in all respects not herein otherwise provided for, be governed by the law regulating civil suits.

SEC. 7. The testimony of the mother shall be, by such justice, reduced to writing, read carefully to such witness, and by her be signed, and shall, by such justice, be returned to the circuit court, with the other papers in such case, to be used by either party to sustain or impeach the testimony of such witness. The failure of the justice so to do shall not be ground of dismissal in the circuit court, but such justice shall recover no fees in such case.

SEC. 8. Upon any continuance granted either party, the court or justice granting the same shall require of the defendant a like bond as is required in the fourth section of this act, or commit him to jail for failure to give such bond, and such defendant may be discharged from custody in the same manner as in the fifth section of this act provided.

SEC. 9. If the defendant shall not have been arrested, or has escaped after arrest, such trial shall proceed in his absence, and if he be adjudged the father of such child, the justice shall transmit the papers and a transcript of such judgment, without delay, to the clerk of the circuit court of the proper county, who shall file and docket the same for trial, and such. cause shall be heard and determined by such court in the same manner as if such defendant were present.

SEC. 10. The filing of such transcript as in the ninth section of this act provided, shall operate from the time of such filing, as a lien upon the real estate of the defendant to the extent of the judgment which may afterward be rendered against him

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in such prosecution, and such judgment shall have the same effect and lien, as if rendered at the time of such filing, and such lien shall be declared in such judgment.

SEC. 11. The death of the mother shall not abate such suit, if the child is living; but a suggestion of record of the fact shall be made, and the name of the child substituted in the proceedings for that of the mother, and a guardian ad litem shall be appointed for that purpose, who shall not be liable for costs; and in such case, the testimony of the mother, taken in writing before the justice, may be read in evidence, and shall have the same force, as if she were living, and had testified to the same in court.

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SEC. 12. When the defendant is not in custody, or under bond, and a transcript has been filed, as in the ninth section of this act required, the clerk of the circuit court shall issue to the sheriff of any county where such defendant may be alleged to be, a warrant for his apprehension; and such sheriff, if he arrest such defendant, shall require of him such bond as is in the fourth section of this act required; and on his failure to give the same, to the satisfaction of such sheriff, he shall commit him to the jail of the county where such trial is pending.

SEC. 13. If the defendant, in the circuit court, deny the charge, the issue shall be tried by the court or a jury.

SEC. 14. If such jury find that the defendant is the father of such child, or such defendant, in court, shall confess the same, he shall be adjudged the father of such child, and stand charged with the maintenance and education thereof.

SEC. 16. Execution may issue on such judgments, whenever any amount is due on the same, and shall be executed without any relief whatever from valuation or appraisement laws.

SEC. 17. The prosecuting witness, if an adult, may, at any time before final judgment, dismiss such suit, if she will first enter of the record an admission that provision for the maintenance of the child has been made to her satisfaction, and if such witness be a minor, she may dismiss such suit, if it be first shown to the satisfaction of the court, in which the same

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is pending that suitable provision has been made and properly secured for the maintenance of the child, and a finding of the court to that effect entered of record; and such entry, in either case, shall be a bar to all other prosecutions for the same cause and purpose.

SEC. 18. No prosecution under this act shall be instituted after two years from the birth of such bastard child.

SEC. 19. Upon the death of any bastard child, after judgment rendered as aforesaid, and before the expiration of the time limited for the last payment on such judgment, the court rendering such judgment may make such reduction in the amount of the same as may be rendered proper and just in consequence of such death.

SEC. 20. The death of a bastard child shall not be cause of abatement or bar to any prosecution for bastardy; but the court trying the same shall, on conviction, give judgment for such sum as shall be deemed just.

SEC. 21. The several prosecuting attorneys within their respective circuits, shall prosecute all causes originating under this act.

SEC. 22. In case of the death of the putative father of such child, either before or after the commencement of prosecution, and after the preliminary examination before the justice, the right of action shall survive, and may be prosecuted against the personal representatives of the deceased with like effect as if such father were living, except that no arrest of such personal representatives shall take place, or bond be required. Act May 6, 1852. 2 R. S. 654-661.

SEC. 15. Such court shall, on such verdict and judgment, make such order as may seem just for the securing such maintenance and education to such child, by the annual payment to such mother, or, if she be dead or an improper person to receive the same, to such other person as the court may direct, of such sums of money as may be adjudged proper, and shall render judgment for the same, specifying the terms of payment, and shall require of such defendant, if he be in custody, to replevy such judgment by good freehold surety, or in default thereof, shall commit such defendant to jail, and

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should the defendant fail to replevy or pay such judgment, and in default thereof be committed to jail, and upon proof thereof being made to the court, that the defendant has been imprisoned in the jail of the county for a period of twelve months from the date of his imprisonment, and that he is unable to pay or replevy the same, he may be released from imprisonment by an order of the court made at any regular term of said court, which order of release shall be entered upon the records of said court. Acts 1877, Reg. Session, p. 5.

State of Indiana,

Complaint for bastardy.

SS.

Spencer County. } $8.

Before R. W. Murray,
J. P. Ohio township.

The State of Indiana, on relation of Mary Smith, complains of John Jones and says that on the 15th day of October 1877, she, the said Mary Smith, relatrix herein, was delivered of [or, is now pregnant with] a bastard child; and that the defendant, John Jones, is the father of said child. MARY SMITH.

The said Mary Smith swears that the statements made in the foregoing complaint are true.

Subscribed and sworn to before me this

MARY SMITH.

day of ―,

1878. R. W. MURRAY, J. P. [SEAL.]

For a form of complaint held sufficient, see 48 Ind. 470. The complaint may be sworn to before a notary public. 53 Ind. 28.

Who must bring suit.-The prosecution must be in the name of the state. 1 Blackf. 110, 83; 2 Id. 220. See 16 Ind. 271.

Same Statute of 1831.-Any unmarried woman, resident in the state, might, under the statute of 1831, make complaint before a justice of the peace against the father of her living bastard child, without regard to the place where the child was born (4 Blackf. 269; 4 Id. 188, 316); and it was not necessary that the complaint should allege the residence. The fact might be made to appear in any part of the record. 5 Blackf. 165; 3 Ind. 564; 4 Id. 189.

What order of court should contain.-The order of the court should be, after stating what sum, with costs, the father must pay simply for the maintenance of the child (damages for seduction, and the expenses of lying-in not being recoverable in this prosecution); that the defendant pay the money in certain installments, etc., to the person who shall maintain the child, or become entitled

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