any recognizance entered into in that case, and the recognizance shall be cancelled.

17. If any defendant being committed shall at any Term of the said County Court, due notice having been first given to the Clerk of the l'eace, satisfy the Judge that from poverty or other good cause he is wholly unable to comply with such order of affiliation, he may be forthwith discharged, and the Judge may order such person to be brought up for examination for the purposes of this Section.

18. For the purposes of the fifth and fifteenth Sections of this Chapter, any such Judge, Police Magistrate, or Justice as the case may be, may order the person committed to be brought before him, and the Sheriff shall obey any order so given.

19. If the order of affiliation (L) be made against a defendant, and he pay the sum of one hundred dollars to stand as security for the maintenance of the child, and if such child shall die or not become chargeable to the County, or any Parish, Town or City therein, before the expiration of seven years from its birth, the Judge shall order the money, or such part thereof as may remain unappropriated, to be repaid to the defendant.

20. When any bond or recognizance taken under this Chapter shall become forfeited, and the damages actually due thereon do not exceed twenty dollars, the same may be recovered with costs before any Justice in the same manner as in ordinary cases of debt; when such damages exceed twenty dollars, the Clerk of the Peace, at the instance of the said Overseers of the Poor, shall issue a scire facias (Q) for the recovery of the same, to be returnable at the next Term of the County Court, and served at least fourteen days prior to the return thereof, and the same may be served in any County in the Province.

21. Upon the return of the scire facias it shall be entered with the Clerk of the Court for trial, and the Judge may proceed, whether the defendants appear or not, in a summary manner, to determine the amount (if any) due and payable; judgment against the defendants shall be entered up in the form (R), and execution (S) may forthwith issue, which may be directed to any Sheriff, and executed in any County in the Province; judgment once entered shall stand

as security against the defendants for any further damages (not to exceed two hundred and fifty dollars in all) accruing on the same recognizance, and the Court, on proof of due notice having been given to the defendants, or any two of them, may proceed, unless a trial be demanded by the defendants or any one of them, to assess the amount due on affidavit of the said Overseers, or others, with costs, and order execution (S) as above authorized.

22. The Sheriff shall execute all writs of scire facias, executions or attachments issued under the authority of this Chapter, according to the exigencies thereof, and be entitled to the same fees as in like cases, including poundage, in case of a levy under execution; and if any of the fees allowed by this Chapter cannot be recovered from the defendants, they shall be paid by the said Overseers.

23. In all actions authorized to be brought before a Justice of the Peace under Section twenty of this Chapter, the Justice shall have jurisdiction to prosecute, although the parties or either of them, reside out of the County in which the Parish, City or Town is situate, on behalf of which the proceedings are instituted, or in which the Justice resides, and the summons in such case shall be directed to a constable in the County where the party to be served resides, who shall serve the same, and make oath thereto if necessary, as in other cases; and if judgment be rendered against the defendants, or either of them, execution may issue in like manner to a constable in like manner to be executed: The constable shall be entitled to charge for actual travel going from his residence to the place of service and returning to serve such summons or execution.

24. The Judge of the County Court may in his discretion make such orders and give such relief on any such judg ment, and on such conditions as he may think proper.

25. Whenever any defendant shall pay the sum of one hundred dollars, as provided in this Chapter, absolutely and not by way of security, for the maintenance of the child, as provided in the order of affiliation (L) the same shall be received in full discharge of all further claim for the support of the child, provided that all costs legally chargeable be also paid; and the said sum of one hundred dollars, whether paid by way of security for maintenance or otherwise, and all

other moneys, less legal fees and costs, shall be paid by the Justice of the Peace, Overseer of the Poor, Clerk of the Peace, or other officer receiving the same, to the Treasurer of the County where the information was made; and where the complaint is made on behalf of any City or Town, to the Treasurer of such Town or City, to be placed by him to the credit of the Overseers of the Poor for the Parish, City or Town on whose behalf the money is to be paid, and to be paid out from time to time to the party entitled thereto, as the same may be required, under the order of the Court or Judge for that purpose.

26. Whenever any defendant pays the sum of one hundred dollars authorized to be paid by this Chapter, the Overseers of the Poor, or any officer or officers having the care of any City, Town or Parish, may order the same to be paid (less any actual expenses incurred by them) to the mother of the child, upon her entering into the recognizance (T) with two sufficient sureties in the penal sum of two hundred and fifty dollars, for the future support of the said child, which recognizance shall be transmitted by the Justice before whom the same is taken to the Clerk of the Peace.

27. If the Overseers of the Poor for any l'arish, City, or Town, or any one of them, or any Clerk of the Peace of any County, or any Justice of the Peace, shall neglect or refuse to pay over to the County, City or Town Treasurer any moneys required by them or either of them to be paid under this Chapter, he or they may be compelled to do so upon the application of the Treasurer, by writ of attachment (V) to be issued out of the County Court.

28. Every recognizance taken under this Chapter shall be transmitted to the Clerk of the Peace, and no such recognizance shall exceed the penal sum of two hundred and fifty dollars.

29. The fees allowed under this Chapter shall be as provided in the Chapter relating to "Fees," and the Judge may from time to time make such orders and rules for the mode of proceeding, and such alterations in the forms, and allow such amendments, as he may find necessary, so long as the same are not inconsistent with the provisions of this Chapter.

30. A copy of any proceedings under this Chapter, certified by the Clerk of the Peace or the Clerk of the County

Court, as occasion may require, shall be evidence of such proceedings in all Courts.

31. All recognizances lawfully taken under any Law relating to Bastardy before the enactment of this Chapter, whether before a County Court, Court of General Sessions of the Peace, or Justice of the Peace, shall be valid and in force to all intents and purposes, and may be put in force and proceeded on if forfeited, as provided in this Chapter.

32. In the City and County of Saint John, the Commissioners of the Almshouse and Workhouse for the said City and County, and in the City of Fredericton, the Almshouse Commissioner, and in any other Parish, Town, or City, for or in which an Almshouse or Poorhouse is established, the Commissioners thereof shall be deemed the Overseers of the Poor, for all the purposes of this Chapter.

33. Unless there is something in the context repugnant thereto, the term "Court" in this Chapter shall mean the County Court for the County in which the information is laid, "Judge" shall mean the Judge of such County Court, and "Justice" shall mean a Justice of the Peace for such County.

34. The following forms may be altered to suit the cir cumstances of the case:

likely to be delivered (or has been delivered) of a bastard child, which will likely be (or is) chargeable to the Parish of in the said County, and that C. D. of

is the

A. B.

To any Constable in the Province of New Brunswick. A. B. having on oath declared that she is likely to be (or has been) delivered of a bastard child, which will likely be

(or is) chargeable to the Parish of

, in the County of

and having charged C. D. there with, I require you to apprehend the said C. D. and bring him forthwith before me, or some other Justice, to be dealt with according to Law. G. H., J. P.

(C)

Recognizance to indemnify, &.

County of [County where information laid] to-wit:

day of

On the A. D. 18 personally appeared before me the undersigned, C. D. of

and

and [sureties' names and additions, &c.] and acknowledged themselves to be jointly and severally indebted to the Queen in the sum of two hundred and fifty dollars lawful money* upon condition that if C. D. shall at all times, until the said child attain the full age of seven years indemnify and save from all charges whatever, the Parish of for or on account of the support of a bastard child charged against the said C. D. by A. B., then this recognizance to be void, otherwise in force.

Taken and acknowledged before me, this

A. D. 18

G. H., J. P. of the County of

day of

[County where Recognizance taken.] (D)

Recognizance to appear.

[Same as C, down to*] upon condition that if the said C. D. shall personally appear at the County Court for the County of on the first day of the next ensuing term thereof, to answer a charge of being the father of a bastard child likely to become (or which is) chargeable to the Parish of made against him by A. B., and not depart the said Court without leave thereof, then this recognizance to be void, otherwise in force.

To any Constable in the Province of New Brunswick, and to the Keeper of the Common Gaol of the County of

Whereas C, D, stands charged by A. B. with being the