When new seeu recognizance, the Court before which such recovery shall be quired or offen- had may, in its discretion, either require new sureties for good behavior to be given, or may commit the offender to the common jail of the county, for any time not exceeding six rities may be re der committed. How person committed may be discharged. Jailer to lay be fore County Bons in custody. months. (1555.) SEC. 6. Any person committed to the common jail for not finding sureties for good behavior, may be discharged by any two Justices of the Peace of the county, upon giving such sureties for good behavior as were originally required from such offender. (1556.) SEC. 7. It shall be the duty of the keeper of every jail Judge list of per- to lay before the County Judge of his county, on the first day of every term, a list of all the persons committed to jail as disorderly persons, and then in his custody, with the nature of their offences, the name of the Justice committing them, and the time of their imprisonment. (a) Judge to examine record of conviction. in relation to dis (1557.) SEC. 8. The said County Judge before which such list shall be laid, shall inquire into the circumstances of each case, and hear any proofs that may be offered, and shall examine the record of conviction, which shall be deemed presumptive evidence of the facts therein contained, until disproved. (a) Powers of Judge (1558.) SEC. 9. The County Judge may discharge such orderly persons. disorderly person from confinement, either absolutely or upon receiving sureties for his good behavior, in his discretion; or the said County Judge may, in his discretion, authorize the Superintendents of the Poor of the county to bind out such disorderly persons as shall be minors in some lawful calling, as servants or apprentices, or otherwise, until they shall be of full age, respectively, or to contract for the services of such disorderly persons as shall be of full age, with any person, as laborers or servants, for any time not exceeding one year, which binding out and contracts shall be as valid and effectual as the indenture of any apprentice with his own consent and the consent of his parents, and shall subject the persons so bound out or contracted for, to the same control of their masters, respectively, and of such County Judge, as if they were bound as apprentices. (a) (1559.) SEC. 10. Such Court may, in its discretion, order (a) As Amended by Act 275 of 1850. Laws of 1850, p. 323. Although the office of County Judge was abolished by the Constitution of 1850, these sections have not since been changed by any express enactment. any such disorderly person to be kept in the common jail for Court may order any time not exceeding six months, at hard labor." disorderly person kept at labor. When may ment, etc. (1560.) SEC. 11. If there be no means provided in such jail order keeper to for employing offenders at hard labor, such Court may direct furnish employ the keeper thereof to furnish such employment as it shall specify, to such disorderly person as may be committed thereto, either by a Justice, or any Court, and for that purpose to purchase any necessary raw materials and implements, not exceeding such amount as the Court shall prescribe, and to compel such persons to perform such work as shall be allotted to them. paid. (1561.) SEC. 12. The expenses incurred in pursuance of such Expenses, how order, shall be paid to the keeper by the County Treasurer, on the production of a certified copy of the order of the Court, and an account of the materials furnished, verified by his oath. produce of labor, (1562.) SEC. 13. The keeper shall sell the produce of such Keeper to sell labor, and shall account for the first cost of the materials etc. furnished, and for one half of the surplus to the Board of Supervisors, and pay the same into the County Treasury; and the other half of the surplus shall be paid to the person earning the same, on his discharge from imprisonment; and such keeper shall also account to the Court, whenever required, for all materials purchased, and for the disposition of the proceeds of the earnings of such offenders. Complaint against father of and examination thereon. 4 Blackford, 188, 269, 316. Thacher's C. C.26. Chapter Forty-two of Revised Statutes of 1846. (1563.) SECTION 1. When any woman who has been delivered bastard child, of a bastard child, or is pregnant with a child, which, if born alive, may be a bastard, shall make a complaint to any Justice 13 Metcalf, 246. of the Peace, and shall desire to institute a prosecution against the person whom she accuses of being the father of the child, the Justice shall take her accusation and examination in writing, under oath, respecting the person accused, the time when and the place where the complainant was begotten with child, and such other circumstances as the said Justice shall ・ deem necessary, for the discovery of the truth of such Warrant; pro ceedings thereon. 42. 5 Hill, 443. accusation. (1564.) SEC. 2. The said Justice may issue his warrant against the party accused, which may be executed in any part 4 Blackford, 20, of the State, and after hearing him in his defence, may require him to enter into recognizance with one or more sureties to the satisfaction of the Justice, in such sum as he may deem necessary, not less than one hundred nor more than five hundred dollars, upon condition to appear and answer to the said complaint at the next term of the Circuit Court for the county, and to abide the order of the Court thereon, and may order him to be committed until he shall enter into such recognizance; and on the trial of the issue before the Court, the examination taken as aforesaid shall be given in evidence. Circuit Court. (1565.) SEC. 3. If, at the next term of the said Court, the Proceedings in complainant shall not have been delivered, or shall not be able personally to attend, or if there shall be any other sufficient reason therefor, the Court may order a continuance of the cause, from time to time, as they shall judge necessary, and such recognizance shall remain in force until final judgment: Provided, that if the sureties of any recognizance shall, at any term of said Court, object to being any longer held liable, or if the Court shall, for any cause, deem it proper, such Court may order the defendant to enter into a new recognizance, with such sureties, and for such amount as they shall direct; and he shall stand committed until such new recognizance shall be entered into. ment. 9 Johnson, 367. (1566.) SEC. 4. Upon the trial of the cause, the woman Trial and Judg making the complaint shall be admitted as a witness, unless she shall have been convicted of a crime which would by law render her incompetent as a witness in any other cause; and the issue to the jury shall be, whether the defendant is guilty 2 Cushing, 77, or not guilty; and if the jury shall find him guilty, or if he shall admit the truth of the accusation, he shall be adjudged to be the father of such child, and shall stand chargeable with 1 Doug, Mich. 41. the maintenance thereof, with the assistance of the mother, in such manner as the Court shall order. performance of (1567.) SEC. 5. Such person so adjudged to be the father Bond to secure of such child, shall give bond to the Superintendents of the order, etc. Poor of the county, with sufficient sureties to the satisfaction of the Court, to perform such order, and also to indemnify the county, which might be chargeable with the maintenance of such child; and he may be committed to prison until he 13 Metcalf, 372 shall give such bond; but if on such trial he shall be found 4 Denio, 51s. not guilty, the Court shall order that he be discharged; and in either case, the judgment of the Court shall be final. 2 Johnson, 375, imprisoned. (1568) SEC. 6. Any man who shall have been imprisoned Relief of person ninety days, for having failed to comply with the order of the Circuit Court, as provided in this chapter, shall have the benefit of the laws for the relief of poor prisoners committed on execution for debt, provided he shall procure the like 6 Cowen, 278. notification of his intention to take the oath prescribed to poor debtors, to be served on the complainant, if still living within this State, and also upon one of the said Superinten Still liable to acfion. When Superintendents to make examination. dents of the Poor; such notification to be served at least (1570.) SEC. 8. If any woman shall be delivered of a application for bastard child, which shall be chargeable, or likely to become chargeable to any county; or shall be pregnant of a child likely to be born a bastard, and to become chargeable to any county; the Superintendents of the Poor of any county, or any of them, where such woman shall be, shall, upon application for aid in supporting such child by the mother thereof, apply to some Justice of the Peace of the same county to make inquiry into the facts and circumstances of the case. Woman to be examined, and apprehended. (1571.) SEC. 9. Such Justice shall examine such woman reputed father on oath respecting the father of such child, the time when and the place where she was begotten with child, and such other circumstances as the Justice may deem necessary for the discovery of the truth; and shall thereupon issue his 4 Wendell, 555. Warrant to apprehend the reputed father; and the same proceedings shall be thereupon had, as if complaint had been made by such woman, as prescribed in the foregoing provisions of this chapter, and with the like effect. Warrant may be executed in any County. Superintendents may compromise bastard. (1572.) SEC. 10. Any warrant issued for the apprehension of such reputed father, may be executed in any county in this State, in which the person against whom the same issued may be found. (1573.) SEC. 11. The Superintendents of the Poor of any with father of county in this State shall have power to make such compromise and arrangement with the putative father of any bastard child in such county, relative to the support of such child, as they shall deem equitable and just, and thereupon may discharge such putative father from all liability for the support of such bastard. |