proceedings in criminal cases within the rule, requiring warrants to be under seal.1

§ 4. PROCEEDINGS AGAINST FATHER OUT OF THE COUNTY. If the person charged as such reputed father, shall be or reside in any other county of the State than that in which such warrant issued, the justice issuing the same shall, in writing thereon, direct the sum in which any bond shall be taken of the person so charged; and it shall be the duty of the constable or other proper officer having the same, to carry it to some justice of the city or county wherein such person resides or can be found. The justice to whom the same shall be presented, on proof being made to him of the handwriting of the justice who issued such warrant, shall indorse his name thereon, with an authority to arrest such person in the county where the justice so indorsing shall reside, which shall be a sufficient authority to the person bringing such warrant, and to all others to whom it was originally directed, to execute the same in the county where it was indorsed. No justice of the peace shall be liable to any information, indictment, action of trespass, or other action, by reason of his having indorsed any warrant for the apprehension of the putative father of a bastard, or of a child likely to be born a bastard, although it should afterwards appear that such warrant was illegally or improperly issued.3

§ 5. BOND TAKEN BY JUSTICE INDORSING WARRANT OUT OF THE

COUNTY.

Upon the person so charged, being apprehended, he shall be carried before the justice who indorsed the said warrant, or some other justice of the same county, who may take from such person a bond to the people of this State, with good and sufficient sureties in the sum so directed on the said warrant, with condition to indemnify the county, and town, or city, where the said bastard shall have been born, or where the woman, likely to have such bastard shall be; and every other county, town or city which may have incurred any expense, or may be put to any expense for the support of such child, or of its mother during her confine

ment and recovery therefrom, against all such expenses, and to pay the costs apprehending such father, and of any order of filiation that may be made, or such justice may take from the person so charged and apprehended, a bond, as aforesaid, in the sum directed on the said warrant, with good and sufficient sureties, conditioned that such person will appear at the next Court of Sessions to be holden in the county where such warrant was originally issued, and not to depart the said court without its leave.1

Upon a bond being so entered into, with either of the conditions aforesaid, the justice taking the same shall discharge the person so apprehended from the arrest, and shall indorse upon the warrant a certificate to that effect. He shall deliver the warrant with the bond so taken by him, to the constable who brought such warrant, who shall deliver the same to the justice who granted the same, who shall proceed thereupon in the same manner as if such bond had been taken by him.2

It has been held that a bond conditioned that the father will indemnify the county, &c., or appear at the sessions, is valid, though it ought to have embraced but one of the alternatives.3

If the condition of the bond is more onerous than that prescribed for the case by the statute, as if where only indemnity should be required, payment of such sums as should be ordered by the justices of the court, is required by the condition as well as indemnity, the bond is wholly void, as being taken by color of office.4

Where the condition of the bond was, that the defendant should appear at the next Court of Sessions, &c., and not depart the said court without leave, and pursuant thereto, the defendant appeared, and the sessions continued the bond and the matter to the next term without any objection by the sureties, it was held that the condition was satisfied, and that the sureties were not liable to appear at the subsequent term.5

In an action on the bond for failure to appear, the judgment is to be for the full penalty of the bond."

3

page.

1 R. S., 643, § 8.

1 R. S., 643, § 9.

Peo. v. Tilton, 13 Wend., 597; but see Hoagland v. Hudson, 8 How., 343; Post.

Peo. v. Meighon, 1 Hill, 298. See Peo. v. Mitchell, 4 Sand., 466.

Peo. v. Greene, 5 Hill, 647.

Peo. v. Jayne. 27 Barb., 58. See 13 Wend., 597.

Every constable or other officer to whom any bond of the putative father of a bastard, or of a child likely to be born a bastard, taken out of the county where the warrant was issued, shall be delivered as hereinbefore directed, who shall neglect or refuse to deliver the same to the justice who issued such warrant, within fifteen days after the receipt of the same, shall forfeit the sum of twenty-five dollars, to be sued for, and recovered by, and in the name of any overseers of the poor, or county superintendents, at whose instance the said warrant was issued.1

§ 6. PROCEEDINGS UPON FAILURE TO EXECUTE BOND.

If the person so charged and apprehended shall not execute the bond so required, with one or other of the conditions aforesaid, to the satisfaction of the justice before whom he shall be brought, then the constable or other proper officer, having such warrant, shall take the person so apprehended before the justice who originally issued such warrant.2

If any justice who shall have issued any warrant for the apprehension of the father of a bastard, or of a child likely to be born a bastard, shall have died, vacated his office, or be absent on the return of such warrant, the constable who may appehend such father shall carry him before some other justice of the same town, who shall have the same authority to proceed therein as the justice who issued such warrant.3

In such case the constable's return to the warrant should show the death, vacancy or absence of the justice who issued the warrant before any other justice should take cognizance of the matter.4

§ 7. PROCEEDINGS UPON THE RETURN OF THE WARRANT.

Upon the person so charged with being the father of such bastard, or of such child likely to be born a bastard, being brought before the justice who issued the warrant for his apprehension, whether he was arrested in the same or in any other county, the said justice shall immediately call to his aid any other justice of the same county; and the said two justices shall proceed without unnecessary delay to make examination of the matter, and shall

again examine the mother of such bastard, or the woman so pregnant as aforesaid, on oath, in the presence of the persons so charged or apprehended, touching the father of such child, and shall hear any proofs that may be offered in relation thereto; and on the application of the person so charged, or of the persons appearing in behalf of the public, either of the said justices shall issue a subpœna to compel the attendance of witnesses before them, which may be enforced, and the witnesses may be compelled to appear and testify in the same manner as in any civil cause before a justice of the peace.1

§ 8. ADJOURNMENT OF PROCEEDINGS.

If the said justices shall not be prepared to proceed, or the person charged shall require delay, and give sufficient reasons therefor, they may adjourn such examination for any time not exceeding six weeks, and shall take a bond with sureties from such person for his appearance at such time before them, in the penalty hereinafter directed.2

Under the provisions of the statute providing that the justices may adjourn the proceeding on taking from the defendant a bond for his appearance at the adjourned day, the appearance intended is not merely a temporary one, but his continued appearance and attendance until the examination and subsequent proceedings are finally closed.3

In the case cited above, the defendeant after giving the bond' appeared, and after the examination voluntarily departed, contrary to the direction of the justices. The justices took a recess, and after reassembling, and calling and waiting for the defendant, made an order of filiation in his absence, and adjourned without day, it was held that his voluntary departure, and not being present to answer and receive notice of the order, was a breach of the bond. That it was immaterial that he intended to return, or actually did next day return to the place and offer to the justices to submit himself to imprisonment upon their warrant, as in the case of neglect to give a bond. That it was immaterial in an action on the bond, whether the justices had power to make the order in defendant's absence; and it was further regarded as

questionable whether the justices had power to waive a breach of the bond, and commit the defendant as for neglect to give a bond.1

The validity of a bond given for the appearance of a defendant upon an adjournment of proceedings in bastardy, is not affected by the circumstance that one of the justices before whom the proceedings are had and the bond given, had been previously employed by the defendant as his counsel in the case.2

The bond only requires the defendant to appear before the same justices who take it; his refusal to appear at the adjourned day before two justices, one of whom is present in the absence of one of the former, is not a breach."

§ 9. OF THE PENALTY OF BONDS.

The penalty of every bond which shall be taken for the appearance of any such reputed father, either before justices of the peace or at the court of sessions, shall in all cases be such a sum as shall be deemed a full indemnity for the expenses of supporting such bastard and its mother, as before provided.1

§ 10. FATHER HOW DISPOSED OF DURING EXAMINATION. During such examination, and until such person shall be discharged by the justices aforesaid, he shall remain in the custody of the constable who apprehended him, unless a bond shall have been taken for his appearance as herein provided, and when committed to any jail, he shall be confined therein without being let to bail, and without being entitled to the liberties thereof.5

§ 11. PROCEEDINGS AND DETERMINATION OF JUSTICES ON HEARING.

The said justices shall determine who is the father of such bastard, or of such child likely to be born a bastard, and shall proceed as follows:

1. If they determine that the person so charged and apprehended is not the father of such bastard or child, he shall be forthwith discharged.