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child of a deceased brother or sister. 3. A father, mother, grandfather, or grandmother. 4. The father or mother, grandfather or grandmother of a deceased busband or wife. 5. An unmarried sister, or any other of the relatives mentioned in this section who have attained the age of majority and are unable to take care of or support themselves.

1976. If the homestead be conveyed by the claimant, or sold for the satisfaction of any lien mentioned in section three, the proceeds of such sale, beyond the amount necessary to the satisfaction of such lien, and not exceeding the amount of the homestead exemption, shall be entitled, for the period of six months thereafter, to the same protection against legal process and the voluntary disposition of the claimant which the law gives to the homestead. And the sale and disposition of one homestead shall not be held to prevent the selection or purchase of another as provided in this chapter.

CHAPTER 20.-ILLEGITIMATE CHILDREN.

Secs. 1977 to 1984. "An act for the maintenance and support of illegitimate children." 1875, p. 53. In force February 25. (Repealing act of 1869, p. 80, as corrected 1870, p. 4).

1977. That any complaint made to any justice of the peace in this state by any unmarried woman resident therein, who shall hereafter be delivered of a bastard child, or being pregnant with a child which, if born alive, may be a bastard, accusing on oath or affirmation any person of being the father of said child, the justice shall take such accusation in writing, and thereupon issue his warrant, directed to the sheriff, coroner, or constable of any county of this state, commanding him forthwith to bring such accused person before said justice, to answer to said complaint; and on return of such warrant the justice, in the presence of the accused person, shall examine the complainant under oath respecting the cause of her complaint, and such accused person shall be allowed to ask the complainant, when under oath, any question he may think necessary for his justification; all of which questions and answers, together with every other part of the examination, shall be reduced to writing by the justice of the peace, and if, on such examination, the party accused shall pay or secure to be paid to the complainant such sum or sums of money or property as she may agree to receive in full satisfaction, and shall further give bonds to the county commissioners of the county in which said complainant shall reside and their successors in office, conditioned to save such county free from all charges toward the maintenance of said child, then and in that case the justice shall discharge the party accused out of custody, or [on] his paying the costs of prosecution; Provided, That the agreement aforesaid shall be made or acknowledged by both parties in the presence of the justice, who shall thereupon enter a memorandum of the same upon his docket.

This chapter was originally taken from Ohio. Proceedings under this chapter are in the nature of civil proceedings to enforce a civil and moral obligation. The intermarriage of the parties will always be encouraged. 16, 280 (20 N. W., 383). cutrix, if she refuse, then in the name of the state. dence outside period of gestation. 20, 374 (30 N. years after birth of child not barred where evidence mother has continued to insist on his supporting it. layed will not be allowed. 24, 781 (40 N. W., 308). cient, when not objected to, to prevent the court from corpus. 11, 99 (7 N. W., 755).

Should be conducted in the name of the prose9, 129 (1 N. W., 1008). Admissibility of eviW., 258). Action commenced more than four shows that accused is putative father and that Expenses prior to an action considerably deHearsay evidence as to prior marriage suffidischarging the accused on a writ of habeas

1978. That, when any woman has a bastard child, and neglects to bring a suit for its maintenance, or commences a suit and fails to prosecute to final judgment, the county commissioners in any county interested in the support of any such bastard child, where sufficient security is not offered to save the county from expense, may bring a suit in behalf of the county against him who is accused of begetting such child, or may take up and prosecute a suit begun by the mother of the child.

Where mother dies, suit may be revived in name of county. 28, 227 (44 N. W., 184). Sureties are bound though recognizance is in form a bond and not entered on docket. 18, 536 (26 N. W., 357).

1979. That in case such accused person does not comply with the provisions in the first section of this act contained, the justice to whom such complaint was made shall bind such person in a recognizance to appear at the next term of the district court, with sufficient security, in a sum not less than five hundred dollars, nor more than two thousand dollars, for the benefit of the county in which such bastard

child shall be born, to answer such accusation, and to abide the order of the court thereon, and on neglect or refusal to find such security, the justice shall cause him to be committed to the jail of the county, there to be held to answer such complaint.

County judge has jurisdiction to recognize defendant. 24, 36–7 (37 N. W., 943). Recognizance valid against security though not recorded on district court docket. 24, 104-5 (38 N. W., 29). 1980. That if, at the time of such court, the woman be not delivered, or be unable to attend, the court shall order the renewal of the bonds of recognizance, that the accused person shall be forthcoming at the next court after the birth of the child, at which the mother of said child shall be able to attend; and the continuance of such bonds shall be entered by order of said court unless the security object thereto, and shall have the same force and effect as a recognizance taken in court for that purpose.

1981. That when such accused person shall plead not guilty to such charge before the court to which he is recognized, the court shall order the issue to be tried by a jury; and at the trial of such issue the examination before the justice shall be given in evidence, and the mother of the bastard child shall be admitted as a competent witness, and her credibility be left to the jury; Provided, always, That no woman shall be admitted as a witness as aforesaid who has been convicted of any crime which would by law disqualify her from being a witness in any other case; and on the trial of the issue the jury shall, in behalf of the man accused, take into consideration any want of credibility in the mother of the bastard child; also any variations in her testimony before the justice and that before the jury; and also any other confession of her, at any time, which does not agree with her testimony, or any other pleas or proofs made and produced on behalf of such accused person.

Error cannot be assigned in favor of defendant on ruling of trial court that prosecutrix should not turn face of child so that jury could observe it. Prosecuting attorney may, in arguing, refer to failure of accused to deny the charge. Testimony as to alleged statements of prosecutrix, that another than defendant was father of child, properly excluded on cross-examination as not based on direct. Prosecution properly maintained in county where mother resides, though she was temporarily staying in another county when child was born. 24, 37 (37 N. W., 943). The written testimony of the mother before the justice is proper evidence. 28, 229 (44 N. W., 184). Mother a competent witness. 21, 179 (31 N. W., 669). Mother permitted to hold child in her arms during trial. 19, 269 (27 N. W., 113).

1982. That in case the jury find the defendant guilty, or such accused person before the trial shall confess in court that the accusation is true, he shall be judged the reputed father of said child, and shall stand charged with the maintenance thereof in such a sum or sums as the court may order and direct, with payments of costs of prosecution, and the court shall require the reputed father to give security to perform the aforesaid order, and in case the said reputed father shall neglect or refuse to give security as aforesaid, and pay the costs of prosecution, he shall be committed to the jail of the county, to remain until he shall comply with the order of the court.

Failure to adjudge the defendant the reputed father of the child, error. 6, 309. The sum charged against the putative father for the support of the child is not a debt in the sense in which that word is used in the constitution. 13, 194 (13 N. W., 174). Provision for imprisonment constitutional. 24, 69 (38 N. W., 28).

1983. When any defendant to a complaint of bastardy shall have been committed to jail on neglect or refusal to find the security required by the third section of this act [1979], or on failure of such defendant to renew his recognizance as required by the fourth section of this act, it shall be lawful for any judge of the district court or probate judge within his county to admit such defendant to bail by recognizing him i such sum and with such securities as such judge shall deem proper, con

ditioned for the appearance of such defendant before the proper court to answer the complaint made, under which he stands charged; and for taking such bail the said judge may by his special warrant, under his hand, require the sheriff or jailer to bring such defendant before him at the court house of the proper county, at such time as in such warrant the judge may direct; Provided, That in fixing the amount of bail, the judge admitting the same shall be governed in the amount and quality of bail required by the third section of this act.

1984. The warrant authorized to be issued by this act against any accused person shall authorize and empower the officer to which it is directed to pursue and take the accused person in any county in this state, and to bring said accused person before the justice who issued said warrant, to answer the complaint made against him.

CHAPTER 21.-ILLUMINATING OILS.

Secs. 1985 to 1990. "An act to regulate the sale of illuminating oils." 1875, p. 27. In force February 27.

1985. That it shall be unlawful for any person or persons to offer for sale, for illuminating purpose, as agent, or otherwise, any mineral or petroleum oil, or any oil, fluid, or substance which is a product of petroleum, or into which petroleum or any product of petroleum enters, or is found as a constituent element, until after he or they have tested the same in the manner following, to-wit: By taking not less than half a pint of the oil, fluid, or substance to be tested, and placing the same in a small vessel, in which there is no other substance, of such dimensions that the surface of the oil, fluid, or substance shall not exceed four square inches in area, and placing a Fahrenheit's thermometer in said oil, fluid, or substance in said vessel, in such manner that the thermometer will indicate the temperature of the oil, fluid, or substance being tested, which shall then be gradually heated at a rate of not less than two degrees per minute, Fahrenheit, to a temperature at which said oil, fluid or substance will emit a gas or vapor that will ignite by bringing the flame of a lighted match or other burning taper in contact with the surface of the article being tested, with such frequency, and in such a manner as to ascertain the exact temperature by said thermometer at which said fluid, oil, or substance will emit a. gas that will ignite, and if it will emit a gas or vapor that will ignite at any temperature below one hundred and ten degrees Fahrenheit, then it is hereby declared to be dangerous, and it shall be unlawful to sell or offer the same for sale.

1986. That any person or persons who shall offer for sale for illuminating purposes, any oil, fluid, or substance mentioned in the first section of this act, until after he or they have tested, or caused the same to be tested, as prescribed by this act, or who shall offer for sale for illuminating purposes any of said articles that will emit a gas or vapor that will ignite at any temperature below one hundred and ten degrees Fahrenheit, under the test prescribed in this act, he or they shall be guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not less than one hundred dollars, or imprisoned in the jail of the county not exceeding twenty days, or both, at the discretion of the court, and shall pay the costs of the prosecution.

1987. That if any person or persons, manufacturer, refiner, or wholesale dealer of any oil, fluid, or substance mentioned in the first section of this act, as agent or otherwise, shall sell for illuminating purposes any oil, fluid, or substance mentioned in said section that will emit a gas or vapor that will ignite at any temperature under one hundred and ten degrees Fahrenheit, under the test in this act prescribed, he or they shall be guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not exceeding one thousand dollars, or imprisonment in the jail of the county not exceeding twenty days, or both, at the discretion of the court trying the case, and shall pay the costs of prosecution.

1988. That if any person or persons shall sell for illuminating purposes, and in a quantity of less than one barrel at a single sale, any oil, fluid, or substance that will emit a gas or vapor that will ignite at any temperature below one hundred and ten degrees Fahrenheit under the test prescribed by this act, he or they shall be guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not less than twenty-five nor more than two hundred dollars, or imprisonment in

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