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person of being the father of the child. The clerk shall examine the mother of such bastard child under oath, concerning her residence, and her married or single condition when the child was begotten, where and when she was delivered of such child, and if she was delivered of the child out of this Commonwealth, of the reason thereof, and reduce her statement to writing, and sign the same as clerk. If, however, the clerk fail to reduce the statement to writing, or if it should be lost, such failure or loss shall be no cause for dismissing the warrant.
$ 3. On such examination, if the child appear to be less Warrant than three years old, a warrant shall be issued by the clerk, by whom issued,
by whom executdirected to a sheriff or any constable, requiring the person ed, and bond re
quired. accused to be arrested and brought before the county judge of the county wherein he may be found, who shall require him to enter into bond, with good security, in a sum to be fixed by such judge, not exceeding two thousand five hundred dollars, for his appearance in the county court of the county in which the warrant issued, on the first day of the next term thereof, and to perform the judgment of said court.
$ 4. If the person accused shall fail to give the bond if bond be not required of him, the judge shall forthwith commit him to ceedings to be
had. the jail of the county whence the warrant issued, there to remain until he enter into the required bond, or otherwise be discharged by due process of law.
§ 5. Should the case be continued at any term of the Proceedings to be court, the bond may also be continued, by the consent, in in respect of the open court, of the accused and his sureties, or a new bond sureties, & herein given; or, on the failure of the accused to give bond, he judgment. shall be committed to jail, there to remain until such bond is given, or the cause is tried. But should the accused fail to appear as required by his bond, and remain to respond to and satisfy any judgment that may be rendered against him, the bond for his appearance as aforesaid shall be forfeited, and judgment rendered thereon; but if, after judgment is rendered against the surety or sureties, such surety or sureties, or one of them, shall enter into bond, with good security, to be approved by the court, conditioned to pay such sums as may be adjudged against the accused, in such installments as the court may direct as hereinafter provided; then, in that case, the court shall set aside the judgment
of the bond and
and what shall be
upon the forfeiture, the costs, including fifteen per centum upon the amount of the bond to the county attorney, having been first paid by such surety or sureties.
$ 6. If the accused shall fail to appear, the trial of, or Trial, proceed- other proceedings in the cause, shall, nevertheless, proceed
as though he were present; and the court shall, upon the verdict of the jury, make all such orders as it shall deem proper, precisely as though the accused were in court, or make all such orders as it shall deem proper to carry out the provisions of the preceding section, should the surety or sureties, or either of them, avail himself or themselves of the provisions thereof.
$ 7. On the trial of the cause, the mother of the child, Who may testify, unless she is otherwise incompetent, may be a witness for misinger het was all purposes; and if the party accused desire it, unless he
is otherwise incompetent, he shall be examined on oath. Other evidence may be adduced by either party. That the child was delivered in another State shall be no cause for dismissing the warrant, if the mother be a bona fide resident of this Commonwealth at the time the child was begotten or born.
$ 8. If the finding of the jury shall be in favor of the Verdict for ac- accused, he shall be discharged, unless there be a motion
for new trial, in which case he shall be held until such motion be disposed of; and if a new trial is granted, the same course shall be pursued toward the accused as in case of continuance.
S 9. If the finding of the jury be against the accused, If the verdict is they shall find what sum he shall pay per year, and for what jury shall what number of years; and the court, in rendering judgmanner of judg: ment thereon, shall make an order for the annual payment
in such installments (monthly, quarterly, or half yearly) as
cused, effect of.
court shall enter.
payment of said judgment, it shall be paid to the trustee of the jury fund.
$ 10. The accused who has failed to execute bond before What proceed, judgment, if he shall be adjudged to be the father of the after the verdict child, shall thereupon enter into bond, with good security, who had failed to to be approved by the court, conditioned for the payment fore judgment. of the sums adjudged, in such installments as the court shall direct. In case of his failure to enter into such bond, the court shall commit him to jail, there to remain until he shall give such bond, pay the money, or be discharged as an insolvent debtor, having first given to the county attorney ten days' notice of his intended application for such discharge.
$ 11. If the bond required be given, the payment of the Bond-- how eninstallments therein set forth may be enforced by rule and of the death of attachment, or by execution, which may issue upon said bond as executions issue upon replevin bonds. If the child shall die before the expiration of aforesaid bond, the person adjudged to be the father of the child shall, by order of the court, be discharged therefrom, upon payment, by himself or sureties, of the amount owing upon the same at the date of the death of the child.
$ 12. If the adjudged father shall appeal, with a super- Liability of sure, sedeas to the Court of Appeals, from the decision of the or supersedeas circuit court, and the decision shall be affirmed, the sureties in the appeal or supersedeas bond shall be liable for all the father had been adjudged to pay, and also the costs and ten per centum damages on the appeal; and the Court of Appeals shall allow a fee to the Attorney General, if he shall defend the appeal, not exceeding twenty-five dollars, which shall be taxed as costs in the case in said court.
$ 13. If the jury shall find against the person accused, Against he shall be adjudged to pay the costs; and the court shall adjudged, & hereallow to the county attorney, if he prosecute, a fee, which county attorney. shall be taxed as part of the costs.
§ 14. The following shall be the form of the bonds men- Bonds, form of. tioned in this chapter, which may be varied to suit each case:
being in custody on a charge of bastardy, we (or I, as the case may be) agree that he shall appear in the
county court on the first day of its next term, and surrender himself in custody, and not depart until he has performed the orders and judgments of said court made in the prosecution of said charge; and if he fails in any of
ties on the appeal
whom costs are to be
rate as a release
S. A. 1860.
these things, we will pay to the Commonwealth of Kentucky dollars this
18- Attest: county judge. We, principal, and
, surety, undertake that we will pay to the Commonwealth of Kentucky such sums as may hereafter be adjudged against now standing charged in the county court of
with being the father of a bastard child, of which
is the mother, in such installments as the court may hereafter direct. Attest:
, county clerk. $ 15. No person shall be released from liability on any Defects as to form bond provided for in this chapter for defects of the form when not to ope- or substance of it, if it can be ascertained from it that such of surety in a bas
intended to bind himself to perform, or that any tardy bond.
other person shall perform, any act under the law in regard to bastardy.
$ 16. If any woman, the mother of a bastard child, who
may be deaf and dumb, or who may be unable to speak the Deaf and dumb mothers, &c.- English language intelligibly, shall desire to avail herself of procure warrant the benefits of this chapter, and the several sections thereof, herein of the duty in favor of herself and her bastard child, it shall be the duty of courts and offi
of the clerk to whom she may apply to procure the services of a discreet and competent person to act as interpreter, one who is able to understand what the applicant shall desire to communicate, by comprehending her signs, tokens, characters, or her language; and having first administered to such interpreter an oath faithfully to discharge his or her duty as such, shall proceed to learn the facts which by this chapter he is required to ascertain. He shall thereupon proceed, in all respects, in the same manner as is directed in this chapter in regard to bastardy cases. Upon the hearing in the county court an interpreter may be called and used as a witness, as in other cases in which that method of obtaining testimony
is or may be resorted to as authorized by law.(a) (a) The warrant need not be produced is the defendant has given bond or recognizance for his appearance to answer the charge. The statement required to be made by the mother, in order to obtain the warrant, need not be filed in the record. (Commonwealth vs. Hazlerigg, 18 B. M., 31-2.)
2. Proceedings under this act are civil, not criminal. (4 Metcalfe, 67; 3 Monroe, 214; 7 7. 7. M., 584; Francis (of color) vs. Commonwealth, 3d Bush, 4.) After bond given by defendant, his presence is not necessary to a trial. (4th Metcalfe, 67.)
3. An infant may be charged and proceeded against as the father of a bastard. Guardian ad litem must be appointed. (Chandler vs. Commonwealth, 4 Metcalfe, 67.)
4. It is error for the court to refuse to set aside an order of forfeiture on a bastardy bond, if
and finally fixed. The boundary of the State of Kentucky is to be ascer- 1 R. Ş., 201,
Boundary, how tained—First. By reference to the deed of cession of terri- ascertained. tory northwest of the Ohio river by the Commonwealth of Virginia, to the Congress of the United States, dated the first day of March, 1784. Second. By the act of the Virginia Legislature, known as the “Compact with Virginia," entitled "An act concerning the erection of the District of Kentucky into an independent State," passed the 18th day of December, 1789. Third. By the act of the Virginia Legislature of 1776, by which the county of Fincastle was divided, and three additional counties established, viz: Kentucky, Washington, and Montgomery; and fourth. By reference to arrangements made between Virginia and Kentucky, and between Kentucky and the State of Tennessee.(a) (6) (c)
The Legislature of Virginia, in the organization of coun- Western boundties on the western border of the State, prior to the act of vol. 4, 334
ary. Cong. Jour., cession, never gave them a definite boundary westwardly, but left them to be bounded by the western limits of the charter granted by the British Sovereign. This deed of cession, for the first time, marked the western boundary of the State. By that instrument she ceded to the United States, for the common use and benefit of all the States, Virginia inclusive, “all right, title, and claim, as well of soil as of jurisdiction, which the said Commonwealth had to the territory or tract of territory within the limits of the Virginia charter, situated, lying, and being to the northwest of the Ohio river." This act of cession limited the western bound
the defendant appears on the day next after the forfeiture, and shows reasonable ground for his non-appearance. (Reggen vs. Commonwealth, 3 Bush, 493.)
5. The law is unwilling to bastardize children. Those who allege illegitimacy must prove it. (Dannelli vs. Dannelli's adm'r, 4 Bush, 60.)
6. After proceedings commenced in a case of bastardy, it cannot be dismissed on motion or request of the mother.
(Commonwealth vs. Davis, 6 Bush, 295.) 7. Children of slaves who, after their emancipation, failed to conform to the act of 1866 (Myers' Sup., 734), on the subject of marriage, must be regarded as bastards; and in such Caves the mother is entitled to the services of the infant, even as against the putative father. (Allen vs. Allen, 8th Bush, 490.)