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Section. 5 Person committed for Bastardy 20 Forfeited bond or recognizance,
may be discharged on giving how damages may be recovered. recognizance.
21 Execution. 6 Render.
22 Sheriff to execute all writs; fees 7 Trial of informations, when held. theretor. 8 Docket of informations to be filed 23 Jurisdiction of Justices of the
with Clerk of the County Court. Peace hereunder. 9 Judge may order any party in cus. 24 Powers of County Court Judge to
tody to be brought into Court to give relief, &c.
25 Payment of one hundred dollars 10 Judge may make order for appear by defendant, how appropriated.
ance of woman as witness. 26 Money may be paid to the mother 11 Hearing of cause.
of the child. 12 Order of affiliation, form of, when 27 Overseers of the Poor, &c., how made.
compelled to pay over moneys 13 Amount for which order shall be improperly withheld. made.
28 All recognizances to be transmit14 Defendant not to be discharged ted to the Clerk of the Peace;
before entering into proper re- amount thereof.
29 Fees. 15 Order of affiliation, how complied 30 Certified copy of proceedings unwith ; discharge.
der this Chapter to be evidence. 16 Defendant to be released from all 31 All recognizances entered into
claims upon payment of one before passing this Chapter to be
hundred dollars. 17 Party unable to comply with order 32 Commissioners of the Alinshouse,
of affiliation may be discharged &c., in Saint John and Frederic by Judge's order.
ton to be deemed Overseers of 18 Judge, &c., may order defendant the Poor.
to be brought before him. 33 Construction of terms. 19 Money paid by defendant to be 34 Forms.
refunded, if not expended for
1. Whenever any single woman shall make the information (A) on oath before any Justice of the Peace, that she has been or is likely to be delivered of a bastard child which shall be chargeable to any Parish, City or Town in the County where such information is made, and shall charge any person with being the father of such child, such Justice shall issue his Warrant (B) for the apprehension of the person so charged, and the said warrant may be directed to any constable in any County in this Province, and the person so charged may be arrested by any such constable and taken before any Justice of the Peace of the County in which he is arrested.
2. Upon such person being brought up, he shall, if he admit the charge, either pay the sum of one hundred dollars with costs of apprehension, or enter into recognizance (C) before the said Justice with two sufficient sureties, and pay the costs of apprehension ; provided always, that if the information be laid within the City and County of Saint John, such sureties shall first be approved of by the Chairman of
the Commissioners of the Almshouse and Workhouse for the said City and County, or any two of the said Commissiouers. If such person deny the charge, he shall enter into recognizance (D), with sufficient sureties, before the said Justice, to appear at the next term of the County Court of the County where such information is laid, and abide the order of such Court. Unless the party charged either pays the said sum of one hundred dollars and costs of apprehension, or enters into recognizance (C or D) with sureties as hereinbefore provided; and in case he enters into recogni. zance (C), also pays the costs of apprehension, the Justice shall by order (E) forth with commit him to the gaol of the County where the information is laid, and any Constable to whom such order is delivered, is hereby authorized and required to obey the same according to the exigency thereof.
3. The Justice of the Peace before whom the information was made shall forthwith transmit to the Clerk of the Peace such information, together with the recognizance, if any,and
a statement shewing specifically the place of residence of the · woman making the charge.
4. Should the woman marry or die before being delivered, or miscarry, or prove to have been not pregnant at the time of making the information, the person charged shall be forthwith discharged by order (F) of a Justice of the Peace for the County where the information was laid, if without the City and County of Saint John, and if within the said City and County the order shall be made by the Judge or the Police Magistrate of Saint John or Portland.
5. Any person committed on a charge of Bastardy for want of sureties or otherwise, before trial may, on paying the sum of one hundred dollars and the costs of apprehension and commitment to the Clerk of the Peace, or on giving the recognizance (C)with proper sureties, as provided in the second Section, and paying such costs to the said Clerk,or on giving the recognizance (D) with the proper sureties, be discharged from custody by order (G) of any Justice of the Peace for the County. If the information is laid in the City and County of Saint John, the order shall be made by the Judge, or the Police Magistrate of Saint John or Portland.
6. If the party charged at any time enter into the recognizance (D), he or his sureties, or any one of them, may at any time before trial apply to the Judge for an order for render (H), who shall grant the same, and thereupon the said party shall be committed to gaol ; the sureties, or either of them,mayarrest the said party under the said order for render anywhere within the Province and convey and commit him to the gaol named in the said order, or the said party may render himself thereunder; upon the said order being lodged with the gaoler of the said gaol, and the said party being committed to the said gaol byvirtue thereof, the Sheriff shall be charged with the custody of the said party, and the said gaoler shall forth with make out and deliver to the party who obtained the order for render a certificate (I), and upon such certificate being lodged with the Clerk of the Peace, the said recognizance shall be cancelled and the sureties discharged from all liability thereupon.
7. All information or charges for bastardy upon which recognizance (D) has been given, or upon which the party charged has been committed to gaol, shall be tried at the Term of the County Court for the County in which the in formation is laid next ensuing the delivery of the woman, un. less the trial be postponed as hereinafter provided.
8. At the first day of each Term of the said County Court, the Clerk of the Peace shall file with the Clerk of the said Court, a docket of all informations in his hands for trial thereat; the defendant in each case shall then be called, and on his appearing, the information shall be read over to him ; if he deny the charge, a day for hearing the same shall be fixed by the Judge; should he not appear, his recognizance shall be forthwith forfeited.
9. If the party charged be in custody on the charge, the Judge shall order him to be brought into Court to plead or answer to the charge, or for any other purpose of the trial, or for judgment, and may from time to time remaud him to custody.
10. Should the woman not appear to give evidence at the time appointed for the trial, she may be brought up by order of the Judge (J), provided that she shall not be required to appear and give evidence until at least one month after the delivery, and if that time has not elapsed and the woman does not appear, or for any other sufficient reason appearing to the Judge, the hearing of the cause may be postponed to
a future day or until the next Term of the Court, and so from Term to Term; and in all cases the defendant's recogvizance shall remain in force until the charge is finally disposed of; provided that if the sureties at any Term of the Court shall pray to be released from their obligation, or if the Court for any cause shall deem it expdient, the defendant shall either renew his recognizance or be committed until he do so.
11. Upon the day fixed for hearing any charge, or such other day as the Court may on due cause order, the Judge shall hear the evidence and determine the cause with or with. out the intervention of a jury, at his discretion,unless a jury be demanded by the defendant,in which case the cause shall be tried by a jury, and if tried by a jury, before the same panel and in the same manner as in civil cases before the Court; the determination of the Judge or jury shall be final, and in no case shall either party be entitled to a certiorari.
12. If the defendant shall not deny or traverse the charge, or having done so shall be found guilty, the Court shall, in case it be found or admitted by the defendant that the child has actually become a charge on the County within which the information was made, or on some Parish, Town or City thereof, forth with make the order of affiliation (K), unless the defendant then and there pays into Court the sum of one hundred dollars, with all costs and expenses to be taxed and allowed by the Judge ; if it be not proved or admitted by the defendant that the child has so become a charge upon the County, or on some City, Town or Parish thereof, the Court shall forthwith make the order of affiliation (L); if the defendant he acquitted he shall be forth with discharged by the Judge.
13. No order of affiliation shall be made for any amount beyond the lying-in expenses of the woman, the costs and expenses of apprehending and convicting the defendant, and a sum not exceeding seventy cents per week for the support of the child from its birth until it attain the age of seven years ; except in case the order (L) is made, when the court may order the sum of one hundred dollars to be paid, or the alternative, as therein provided. The defendant shall be entitled to a copy of the order of affiliation on payment of the usual fees to the Clerk of the Court; a duly certified
copy of every such order shall be delivered by the Clerk of the Court to the Clerk of the Peace, and filed by such Clerk of the Peace in his office.
14. If the order of affiliation (K) is made, the recognizance required by such order shall be according to Form (M); if the order (L) is made, the recognizance required shall be in accordance with Form (N); if the defendant fails fully to comply with the order of affiliation made, he shall be committed to gaol until he does comply therewith, or be otherwise discharged; and the Clerk of the Court shall make out and deliver to the Sheriff, or his Deputy, or in case of the absence of both, to any constable of the Court, the Commitment (0) which shall charge the Sheriff with the custody of the defendant. .
15. At any time after being committed to gaol the defendant may comply with the order of affiliation by paying to the Clerk of the Peace the sums directed by the said order to be paid and due up to such time, and when a recognizance is necessary, by entering into the same with proper sureties before any Justice of the Peace for the said County if committed without the City and County of Saint John, and if within the City and County of Saint John, before the Judge or Police Magistrate of Saint John or Portland ; and upon any such defendant so complying with the order of affiliation, or upon the defendant producing to such Judge, Police Magistrate, or Justice, as the case may be, a certificate from the said Clerk that he has paid the full sum of one hundred dollars, with the costs of apprehension and conriction directed to be paid by the said order, absolutely and in full discharge of all claims present or future against him under the said order, such Judge, Police Magistrate, or Justice, as the case may be, shall forthwith order such defendant to be discharged (P).
16. If any defendant, having entered into the recognizance directed by the order of affiliation, either before the Court, Judge, Police Magistrate, or Justice of the Peace, shall pay to the Overseers of the Poor chargeable with the support of the child, the full sum of one hundred dollars absolutely and in full discharge of all claims against him under such recog. nizance, such payment shall be a full release in the law of such defendant of and from the order of affiliation and of