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.

(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.

9 Johnson, 367.

performance of

(1567.) SEc. 5. Such person so adjudged to be the father Bond to secura 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, 518. 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 5 Cowen, 276. 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 ac-
Lion.

When Superintendents to make

examination.

dents of the Poor; such notification to be served at least
thirty days before the time appointed for taking the oath.
(1569.) SEC. 7. The mother of such child, and the said
County Superintendents respectively, may at all times after
the liberation of such prisoner on taking said oath, recover
by action of debt or on the case, any sum of money which
ought to have been paid to them respectively by him in
pursuance of such order of the Court.

(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 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.

By compromise

(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.

Superintendents (1573.) SEC. 11. The Superintendents of the Poor of any with father of county in this State shall have power to make such compro

bastard.

mise 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.

OF THE OBSERVANCE OF THE FIRST DAY OF THE WEEK, AND
THE PREVENTION AND PUNISHMENT OF IMMORALITY.

shops, etc., not

to be kept open

on first day of

week, etc.

(1574.) SECTION 1. No person shall keep open his shop, warehouse or workhouse, or shall do any manner of labor, business or work, except only works of necessity and charity, Doug. Mich. 13. or be present at any dancing, or at any public diversion, show or entertainment, or take part in any sport, game or play, on tho first day of the week; and every person so offending shall bo punished by a fine not exceeding ten dollars for each offence. (1575.) SEC. 2. No tavern keeper, retailer of spirituous Keepers of Pub liquors, or other person keeping a house of public entertain-entertain, except ment, shall entertain any persons, not being travelers, strangers

lic Hou-es not to

se, on the said first day of the week, or l person on said day to abide or remain in piblings, yards, or orchards or fields he some, drinking, or spending their time idly, ingy secular business.

1. Every person offending against any of the last preceding section. shall be punished by ive lollars for each person so entertained, le or remain: and upon any conviction after for shall be punished by a fine not'exceeddit convicted three times, he shall be aftertheding a license: and every person so

shall be punished by a fine not exceeding

4. Nyorson shall be present at any me, or purkie diversion, or resort to any blic onthe meetings for religions worship or oral

vonearts of sacred music, upon the evening of the said first day the week; and every person so offending be punished for a ine not exceeding five dollars for each

1558. Sac. 5. X person shall serve or execute any civil process from midnight preceding, to midnight following the ¿ we.. ?es. 28. said first day of the wook; but such service shall be void, and the person serving or executing such process, shall be in damages to the party aggrieved, in like manner as hal not had any such process.

(15379.) SEC. 6. If any person shall, on the said first day of the week, by rude and indecent behavior, or in any other way intentionally interrupt or disturb any assembly of people mi for the purpose of worshiping God, he shall be punisheda fine not less than two, nor more than fifty dollars, or by inprisonment in the county jail not exceeding thirty days.

(1580.) Sec. 7. No person who conscientiously believes “ the seventh day of the week ought to be observed as Sabbath, and actually refrains from secular business and on that day, shall be liable to the penalties provided int chapter, for performing secular business or labor on the first day of the week, provided he disturb no other person (1581) FEC. 8. For the purposes of the provisions of: opter, the said first day of the week shall be underst lude all the time between the midnight preceding an night following the said day; and no prosecution for