therein have been delivered to the treasurer of the county or the legal representatives of such person or persons.1 SECTION X. INVESTIGATION OF THE ORIGIN OF FIRES. . Whenever it shall be made to appear by the affidavit of a credible witness, that there is ground to believe that any building has been maliciously set on fire, or attempted to be, any coroner, sheriff or deputy sheriff of the county in which such crime is supposed to have been committed, to whom such affidavit shall be delivered, and who shall be requested in writing by the presi dent, secretary or agent of any insurance company, or by any two or more reputable freeholders, to investigate the truth of such belief, shall do so without delay; and for this purpose he shall possess all the powers conferred upon coroners for the purpose of holding inquests by the Revised Statutes. The jury, after inspecting the place where the fire was, or was attempted, and after hearing the testimony, shall deliver to the officer holding such inquest, their inquisition in writing, to be signed by them, in which they shall find and certify how and in what manner such fire happened or was attempted, and all the circumstances attending the same, and who were guilty thereof, either as principal or accessory, and in what manner; but if such jury shall be unable to ascertain the origin and circumstances of such fire, they shall find and certify accordingly. If the jury find that any building has been designedly set on fire, or has been attempted so to be, the officer holding such inquest, shall bind over the witnesses to appear and testify at the next criminal court, at which an indictment for such offence can be found that shall be held in the county; and in such case, if the party charged with such offence be not in custody, the officer holding such inquest, has power to issue process for his arrest in the same manner as justices of the peace. The officer issuing such process, has the same power to examine the party arrested as is possessed by a justice of the peace, and is in all respects to proceed in a like manner. The testimony of all witnesses examined before the jury, is to be reduced to writing by the officer holding the inquest, and is to be re 1 Laws of 1842, ch. 155, § 3; 2 R. S. 743, § 12. turned by him, together with the inquisition of the jury, and all recognizances taken by him to the next criminal court of record that shall be held in such county.1 The provisions of the above act do not extend to the cities of New York, Brooklyn and Buffalo. ' 1 R. S., 715, § 1, et seq., Laws 1857, ch. 504. Id., § 8. Vide Laws 1852, ch. 322, as modified 1857, ch. 569, § 36. CHAPTER VIII. OF BASTARDY PROCEEDINGS. THE question has frequently arisen whether prosecutions under statutes, for the maintenance and support of bastard children against the putative father, are of a civil or criminal nature. The English courts incline to consider such cases as of a criminal nature.1 In Massachusetts, the proceedings have been regarded as partly civil and partly criminal, but so far criminal as to be proceeded with and disposed of in criminal courts.2 There is a large class of offences which injure both the public and individuals, such as larceny, assaults, burglary, arson, and the like; but these are in their nature so manifestly injurious to the public as to give no room for doubt of their liability to public prosecution. On the other hand, numerous offences seem to be purely public in their character, such as acts endangering the public health, public morals and decency, public peace and public justice. These become, by their very existence, criminal, it being immaterial in fact whether they have produced injury to any individual or not.3 The theory of these proceedings is that the putative father should be compelled, by arrest and prosecution, to support and maintain a bastard child, which has become, or is likely to be born and be, a public charge, and thus relieve the public from the support of a pauper in a case where such father is primarily responsible for its support and maintenance. It is not intended in this chapter to examine the various questions which arise in bastardy proceedings, so far as the location, and settlement of the mother is concerned, or the various proceedings taken by the superintendents of the poor in relation to the mother and child, or the property of the putative father or mother of such child, but only to examine the proceeedings consequent 1 1 1 Lead. Cr. Cas., 25, note; R. v. Archer, 2 T. R., 270; R. v. Bowen, 5 Id., 156; R. v. Fernoll, 1 Eng. L. and Eq., 575. Hill v. Wells, 6 Pick., 104; Cummings v. Hodgdon, 13 Met., 246; Hyde v. Chapin, 2 Cush., 77; Smith v. Hayden, 6 Cush., 111. 1 Lead. Cr. Cas., 26, note. C. P.-8. upon the arrest of the putative father, and his appeal from the adjudication had upon such proceedings. The other questions in regard to the settlement of the matter, and proceedings had by the superintendents of the poor in regard to the support of the mother and child, and the seizure of the property of absconding putative fathers or mothers of bastards, will be found provided for by the various sections of the Revised Statutes.' For the purpose of convenience, the matters spoken of are divided into two sections, the first comprising the proceedings upon the arrest of the putative father, and the making of the order of filiation; and the second treating of the appeal from the determination of the justices upon such hearing. SECTION I. PROCEEDINGS TO OBTAIN ORDER OF FILIATION. Section I.-WHO ARE BASTARDS. II. APPLICATION TO JUSTICE. II.-ISSUING OF WARRANT. IV. PROCEEDINGS AGAINST FATHER OUT OF COUNTY. V.-BOND TAKEN BY JUST CE INDORSING WARRANT OUT OF COUNTY. VII.-PROCEEDINGS UPON RETURN OF THE WARRANT. VIII. ADJOURNMENT OF PROCEEDINGS. IX. OF THE PENALTY OF BONDS. X.-FATHER, HOW DISPOSED OF DURING EXAMINATION. XI-PROCEEDINGS AND DETERMINATION OF JUSTICES ON HEARING. X-BOND TO BE ENTERED INTO AND COSTS PAID BY PERSON ADJUDGED REPUTED FATHER. XIV. PROCEEDINGS UPON RETURN OF BOND TAKEN OUT OF COUNTY ON INDORSED WARRANT. XVI. OTHER OF BASTARD COMPELLED TO TESTIFY. XVI-MOTHER, WHEN COMPELLED TO SUPPORT BASTARD. XV-PROCEEDINGS IN CAS: OF REFUSAL. X-MOUNT ORDERED TO BE PAID WAY BE NCREASED or reduced. XX-COMPROMISE WITH PUTATIVE FATHERS. § 1. WHO ARE BASTARDS. Within the meaning of the provisions of the Revised Statutes, every child is to be deemed a bastard who shall be begotten and born 1. Out of lawful matrimony. 2. While the husband of its mother continued absent out of this State for one whole year previous to such birth, separate from its mother, and leaving her during that time continuing and residing in this State. 3. During the separation of its mother from her husband pursuant to a decree of any court of competent authority.1 § 2. APPLICATION TO JUSTICE. If any woman shall be delivered of a bastard child which shall be chargeable, or likely to become chargeable to any county, city or town, or shall be pregnant of a child likely to be born a bastard, and to become chargeable to any county, city or town, the superintendents of the poor of the county, or any of them, where such woman shall be, shall apply to some justice of the peace of the same county to make inquiry into the facts and circumstances of the case.2 § 3. ISSUING OF WARRANT. Such justice shall, by examination of such woman on oath, and upon such other testimony as may be offered, ascertain the father of such bastard, or of such child likely to be born a bastard, and shall thereupon issue his warrant, directed to a constable of the county, commmanding him forthwith to apprehend such reputed father, and to bring him before such justice, for the purpose of having an adjudication respecting the filiation of such bastard, or of such child likely to be born a bastard.3 It is laid down by a writer upon the duties of constables, that although these proceedings are quasi criminal in their character, it is not conceived that the officer holding the warrant would be authorized in executing the same like a criminal process. That the safer course will be for the officer to proceed upon the warrant, as upon process for the arrest of the .defendant in a civil action. The warrant may be executed in any part of the county by day or night, but not upon Sunday, and the door of the defendant's dwelling house cannot be broken open to arrest him in the first instance. But it is otherwise, if after due arrest he shall have escaped.1 The proceedings under the statute, respecting bastardy, are not |