the preceding sectior. of this Act provided, shall operate, from the time of such filing, as a lier upon the real estate of the defendant to the extent of the judgment which may afterward be rendered against him in such prosecution; and such judgment shall have the same effect and lien as if rendered at the time of such filing; and such lien shall be declared in such judgment. 988. No abatement if mother dies-Proceedings - Evidence. 11. The death of the mother shall not abate such suit, if the child be living; but a suggestion of record of the fact shall be made, and the name of the child substituted in the proceedings for that of the mother, and a guardian ad litem shall be appointed for that purpose, who shall not be liable for costs; and in such case, the testimony of the mother, taken in writing before the Justice, may be read in evidence, and shall have the same force as if she were living, and had testified to the same in Court.

989. When Clerk to issue warrant - Bond · Commitment. 12. When the defendant is not in custody, or under bond, and a transcript has been filed, as in the ninth section [§ 986] required, the Clerk of the Circuit Court shall issue to the Sheriff of any county where such defendant may be alleged to be, a warrant for his apprehension; and such Sheriff, if he arrest such defendant, shall require of him such bond as is in the fourth section [8981] required; and on his failure to give the same to the satisfaction of such Sheriff, he shall commit him to the jail of the county where such trial is pending.

990. Trial in Circuit Court. 13. If the defendant, in the Circuit Court, deny the charge, the issue shall be tried by the Court or a jury.

1. As to jury findings and right of defendant to jury trial, see Wolf v. State, II Ind. 231; Dean v. State, 29 id. 483; Stone v. State, 33 id. 538; Cunningham v. State, 35 id. 373; Miller v. State, 71 id. 601.

991. Judgment against defendant. 14. If such jury find that the defendant is the father of such child, or such defendant, in Court, shall confess the same, he shall be adjudged the father of such child, and stand charged with the maintenance and education thereof.

[1877, p. 5. In force July 2, 1877.]

992. Order to pay-Commitment-How released. 15. Such Court shall, on such verdict and judgment, make such order as may seem just for securing such maintenance and education to such child, by the annual payment to such mother (or if she be dead or an improper person to receive the same, to such other person as the Court may direct) of such sums of money as may be adjudged proper, and shall render judgment for the same, specifying the terms of payment; and shall require of such defendant, if he be in custody, to replevy such judgment by good freehold surety, or, in default thereof, shall commit such defendant to jail. And should the defendant fail to replevy or pay said judgment, and in default thereof be committed to jail, and upon proof thereof being made to the Court, that the defendant has been imprisoned in the jail of the county for a period of twelve months from the date of his imprisonment, and that he is unable to pay or replevy the same, he may be released from imprisonment by an order of the Court, made at any regular term of said Court; which order of release shall be entered upon the records of said Court.

1. As to judgment for support and maintenance of child, see Bright v. Sexton, 18 Ind. 186; Medler v. State, 26 id. 171; Marlett v. Wilson, 30 id. 240; Reynolds v. La Mount, 45 id. 308; State v. Mullen, 50 id. 598.

2. If the defendant be not in custody, a judgment, ordering him to jail until the sum adjudged be paid or replevied, is unauthorized, and he should be discharged on habeas corpus.-- Patterson v. Pressly, 70 Ind. 94.

3. The committal of the defendant for non-payment of costs and judgment is valid and constitutional.— Teague, ex parte, 41 Ind. 278; Reynolds v. La Mount, 45 id. 308; Turner v. Wilson, 49 id. 581.

[2 R. S. 1852, p. 485. In force May 6, 1853.]

993. Execution without relief. 16. Execution may issue on such judgments, whenever any amount is due on the same; and shall be executed without any relief whatever from valuation or appraisement laws.

1. A defendant can not be discharged under the insolvent law.- Lower v. Wallick, 25 Ind. 68; Turner v. Wilson, 49 id. 581.

2. A bond in bastardy binds the surety for the full amount of the judgment.-Burr v. Wilson, 50 Ind. 587; Turner v. State, 66 id. 210.

3. The surety in a bastardy bond has the right to his bail-piece, and may execute it wherever the defendant may be found.- Turner v. Wilson, 49 Ind. 581.

[1875 S., p. 16. In force August 24, 1875.]

994. Suit, how dismissed-Entry. 17. The prosecuting witness, if an adult, may, at any time before final judgment, dismiss such suit, if she will first enter of record an admission that provision for the maintenance of the child has been made to her satisfaction; and if such witness be a minor, she may dismiss such suit, if it be first shown to the satisfaction of the Court in which the same is pending, that suitable provision has been made and properly secured for the maintenance of the child, and a finding of the Court to that effect entered of record. And such entry, in either case, shall be a bar to all other prosecutions for the same cause and purpose. 1. The admission must be entered of record. Provision, without admission of record, is no bar.- Harness v. State, 57 Ind. 1; Fisher v. State, 65 id. 51.

2. Notes given in settlement of a prosecution for bastardy are valid.-Garriott v. Abbott, 28 Ind. 9; Compton v. Davidson, 31 id. 62. Death of the child after their execution does not affect their validity. Allen v. Davison, 16 Ind. 416; Potter z. Earnest, 45 id. 416. Nor the infancy of the maker-defendant.—Gavin v. Burton, 8 Ind. 69; Whittem v. State, 36 id. 196.

[2 R. S. 1852, p. 485.

In force May 6, 1853.]

995. Limitation two years. 18. No prosecution under this Act shall be instituted after two years from the birth of such bastard child.

996. Judgment may be reduced on child's death. 19. Upon the death of any bastard child after judgment rendered as aforesaid, and before the expiration of the time limited for the last payment on such judgment, the Court rendering such judgment may make such reduction in the amount of the same as may be rendered proper and just in consequence of such death.

997. Child's death not to abate or bar. 20. The death of a bastard child shall not be cause of abatement or bar to any prosecution for bastardy; but the Court trying the same shall, on conviction, give judgment for such sum as shall be deemed just.

1. The death of the child does not affect proceedings after verdict.— Evans v. State, 58 Ind. 587.

2. The still-birth of the child after verdict and before judgment is no cause for a new trial or for arrest of judgment.- Evans v. State, 58 Ind. 587.

998. Prosecutor conducts suit. 21. The several Prosecuting Attorneys within their respective Circuits shall prosecute all causes originating under this Act.

999. Defendant dying, action survives. 22. In case of the death of the putative father of such child, either before or after the commencement of prosecution, and after the preliminary examination before the Justice, the right of action shall survive, and may be prosecuted against the personal representatives of the deceased with like effect as if such father were living, except that no arrest of such personal representatives shall take place or bond be required.

1. The right to prosecute survives against the estate of the putative father.--State v. Williams, 8 Ind. 191. And the mother is a competent witness.- State v. Han, 23 id. 539

[2 R. S. 1852, p. 238. In force May 6, 1853.]

1000. Petition to Circuit Court. 1. The Circuit Courts in the sev eral counties of this State may change the names of persons and corporations, on application by petition.

1001. Application, where made. 2. The application of a person may be made to the Circuit Court of the county in which such person resides, and of a corporation to the Circuit Court of the county in which such corporation is situate or in which its principal office is located.

1002. Notice by publication. 3. Upon a petition being filed for such change, the applicant shall give notice thereof by three weekly publications in some newspaper of general circulation printed and published in the proper county, or, if no newspaper be printed therein, in a newspaper printed and published nearest thereto in some adjoining county, thirty days prior to the first day of the term at which such petition shall be heard.

1003. Proof of publication. 4. Proof of the publication required in this Act shall be made by filing a copy of such published notice, verified by the affidavit of a disinterested person; and when such proof of such publication is made, the Court shall proceed to hear and determine said petition, and make such order and decree therein as to such Court shall seem just and reasonable.

1004. Copy of decree evidence. 5. A copy of the decree of such Court, changing the name of any person or corporation, certified under the seal of such Court by the Clerk thereof, shall be sufficient evidence of the name of such person or corporation, and of such change having been made, in any Court of this State.

1005. Direct-Disturbing business of Court. 1. Every person who shall, by the commission of any felony, misdemeanor, or other unlawful act; or who by talking, moving about, or by signs, or gestures, or in any

other manner, in any Court of record, while the same is open for the transaction of business, and engaged therein, create any noise or confusion therein, whereby the business and proceedings of said Court shall be disturbed, shall be deemed to be guilty of a direct contempt of said Court.

1006. Direct Refusing to testify, etc. 2. Every person who being sworn to testify as a witness in any Court of record, in any trial or proceeding therein, shall refuse to testify touching the same; or who, being required by any Court to be sworn in any such trial or proceeding, shall refuse to take an oath or affirmation therein; or who, while upon the witness stand, shall purposely so demean himself, as to retard or disturb the proceedings thereof, shall be deemed guilty of a direct contempt thereof. 1007. Indirect-Disobeying process. 3. Every person who shall be guilty of any willful disobedience of any process or any order lawfully issued by any Court of record, or by the proper officer thereof under the authority of law or the direction of such Court, after the same shall have been served upon him, shall be guilty of an indirect contempt of the Court from which such process or order shall have issued.

1008. Indirect-Resisting process, etc. 4. Every person who shall willfully resist, hinder, or delay the execution of any lawful process or order of any Court of record shall be guilty of an indirect contempt of said Court. And every person who shall offer, give, or promise any reward, or who shall threaten to assault or injure, or shall assault or beat, or in any other manner whatever influence or intimidate, or attempt to influence, any witness to give or abstain from giving testimony in any case, or to abstain from attending as such witness in any case; or who shall do any act to put such witness in fear, on account of any testimony which he or she may have given; or who, on account of any such testimony, shall injure or threaten to injure such witness, shall be guilty of a direct or indirect contempt of the Court in which such witness may be called to testify, according as the same may be done in the presence of such Court or elsewhere out of the presence thereof.

1009. Indirect-False report of trial. 5. Every person who shall falsely make, utter, or publish any false or grossly inaccurate report of any case, trial, or proceeding, or part of any case, trial, or proceeding thereof, shall be deemed guilty of an indirect contempt of the Court in which such case, trial, or proceeding may have been instituted, held, or determined, if made at any time after such proceeding shall have beer commenced, and at any time while the same is pending, and while the Court shall have jurisdiction thereof, and at any time before it shall be fully determined and ended; or, if such report shall be so made pending such case, trial, or proceeding, touching any ruling, or order of said Court therein, such person shall be deemed guilty of an indirect contempt of the Court making such ruling or order.

1010. Punishment. 6. Punishments for contempts of Court, under this Act, may be by fine or imprisonment, or both, in the discretion of the Court inflicting the same; but no fine shall exceed the sum of five hundred dollars, nor shall any imprisonment extend beyond the term of three months.

1011. Trial for direct- Appeal. 7. When any person shall be arraigned for a direct contempt in any Court of record of this State, no affidavit, charge in writing, or complaint shall be required to be filed

against him, but the Court shall distinctly state the act, words, signs, or gestures, or other conduct of the defendant which is alleged to constitute such contempt; and such statement shall be reduced to writing, either by the Judge making it or by some reporter authorized by him to take it down when made; and the same shall be substantially set forth in the order of the Court on the same, together with any statement made in explanation, extenuation, or denial thereof which the defendant may make in response thereto; and the Court shall thereupon pronounce judgment, either acquitting and discharging the defendant or inflicting such punishment upon him. as may be consistent with the provisions of this Act; and if found guilty, the defendant shall have the right to except to the opinion and judgment of the Court. And in all cases where the defendant may be adjudged to pay a fine of fifty dollars or more, or to be imprisoned for such contempt, he shall have the right, either before or after the payment of such fine or undergoing such imprisonment, to move the Court to reconsider its opinion and judgment of the case, upon the facts before it, or upon the affidavits of any or all persons who were actually present and heard or saw the conduct alleged to have constituted such contempt; and, if the defendant shall fail to present the affidavit of every person present, in support of his motion, the Court may direct the affidavits of all such persons as were so present (whose affidavits the defendant may have failed to procure) to be procured; and upon all such affidavits and the original statements of the Court and himself touching such contempt, the defendant may move the Court for a new trial, and rescision of its judgment against him; and, if the Court shall thereupon overrule such motion, the defendant may except and file a bill of exceptions, as in other criminal actions; and in all cases an appeal shall lie thereupon to the Supreme Court; or in case such judgments shall have been rendered in any special term of any Superior Court, an appeal shall lie in the first instance to the general term thereof, and thence, as in other cases, to the Supreme Court.

1012. Indirect — Rule to show cause. 8. In all cases of indirect contempt, the person charged therewith shall be entitled, before answering thereto or being punished therefor, to have served upon him a rule of the Court against which the alleged contempt may be committed; which said. rule shall clearly and distinctly set forth the facts which are alleged to constitute such contempt, and shall specify the time and place of such facts with such reasonable certainty as to inform the defendant of the nature and circumstances of the charge against him, and shall specify a time and place at which he is required to show cause, in said Court, why he should not be attached and punished for such contempt, which time the Court shall, on proper showing, extend so as to give the defendant a reasonable and just opportunity to purge himself of such contempt. No such rule, as hereinbefore provided for, shall ever issue until the facts alleged therein to constitute such contempt shall have been brought to the knowledge of the Court by an information duly verified by the oath or affirmation of some officers of the Court or other responsible person. 1013. Proceedings - Decision - Appeal. 9. If the defendant shall fail to appear in said Court, at the time and place specified in the rule provided for in the last preceding section, to answer the same, or if, after having appeared thereto, the defendant shall fail or refuse to answer touching such alleged contempt, the Court may proceed at once, and without any