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the law regulating the taking of depositions in civil cases, may be used in the trial of any such case before the justices' court or before the court of common pleas.
Sec. 7. If on the trial in the court of common pleas the jury shall find the defendant guilty, or if he before said court shall admit the complaint to be true, said court of common pleas may confirm the order made by the justices of the peace, or may alter or amend the same as they may think just ; but shall not quash or reverse it for any defect or want of form. But if the defendant be found not guilty by verdict of the jury or the judgment of the justices' court, he shall be discharged, and recover his costs against the overseer of the poor of the town in which such complaint originated; unless the overseer of the poor of such town shall crave an appeal from the judgment of said justices' court to the next term of the court of common pleas in said county; in which case said overseer shall be entitled to said appeal on filing reasons of appeal as in civil cases ; but no further appeal shall be had.
Sec. 8. If the person accused doth not live in the county where complaint shall be made, before or after the birth of said bastard child as aforesaid, or is not there to be found, it shall be lawful for any two justices of the peace of the town where complaint shall be made as aforesaid, having first examined the mother of such child upon oath, to issue a warrant directed to the sheriff or his deputy, or to any town sergeant or constable of the county, in which the accused person resides or may be found, to apprehend the said person and him bring to the town where such complaint shall be made. And when he appears, the justices who shall have granted the warrant as aforesaid shall order him into the custody of the sheriff or his deputy of said county, or any town sergeant or constable of said town. And said justices are hereby fully empowered to take cognizance of the cause, and proceed therein in the manner directed in this act, in case the accused person resides in the county in which the complaint was made; with the same powers and forms, whether on complaint that any unmarried woman shall be with child of a bastard child, or such child be born alive or be still-born, or being born alive shall die before an order be made, and no examination be had before the birth of such child.
Sec. 9. If the accused person shall neglect to appear in pursuance of his recognizance given before the justice of the peace before the birth of the child, the justice of the peace who shall take cognizance of the recognizance after the birth of said child shall default his recognizance and proceed to
make an order against him, in conjunction with some other justice of the peace of said town, with the same effect and in the same manner as though a trial had been had before them and he had been adjudged by them to be the putative or reputed father of said child; and the surety or sureties on such recognizance after such default, as well as the principal, shall be holden to the performance of such order to the amount of such recognizance. And the said justices of the peace shall certify said recognizance and order, with all the other papers in the case, to the next term of the court of common pleas for the county in which such complaint was made ; and the court in such case may from time to time issue execution thereon against the principal and his surety or sureties for any sums due on such order, for which they may be liable as aforesaid.
SEC. 10. The order to be made for the maintenance of a bastard child shall be in substance of the following form, to wit:
Whereas due proof has been made before us
and Esquires, inhabiting in the town of in the county
upon the oath of of mother of a bastard child, born the day of in the town aforesaid, that of did beget the said bastard child, which child is likely to become chargeable to the said town of . We the said upon examination of the said
and the cause and circumstances of the premises, do adjudge the said to be the putative father of said bastard child ; and thereupon do order, as well for the relief of said town of as for keeping and maintaining of said child, that the said shall forthwith, upon sight of this our order, pay or cause to be paid to the overseers of the poor of the said town for the time being, the sum of for the first four weeks from the birth of said child, for defraying the charge of the lying in of the said ; and after the expiration of the said four weeks the said shall likewise pay or cause to be paid to the overseers of the poor of the town aforesaid, weekly and every week, the sum of for and towards the maintenance of said bastard child, for so long time as the said child shall be chargeable to the said town; and further, we do hereby order, that the said
shall, every week, for so long time as the said child shall be chargeable as aforesaid, she not keeping the same, pay or cause to be paid unto the overseers of the poor of the town of aforesaid for the time being, the sum of for and towards
charge of the aid four weeks the saers of the poor o
the maintenance of said child ; lastly, we order that the said
do upon notice of this our order give sufficient security to the overseers of the poor of the town of aforesaid, for the performance of this our order. In witness whereof, we have hereunto set our hands and seals this day of
And whereas it sometimes happens that the persons charged as the reputed or putative fathers of bastard children with the maintenance thereof are of little or no estate, and are committed to jail for non-performance of orders made against them, or for not giving security to perform the same, and make the towns liable with their support in jail: therefore,
Sec. 11. When and so often as any man shall stand committed to jail for the non-performance of any final adjudication and order in bastardy made up against him, the town council for the time being, wherein such order originated, shall and may bind out and give and take indentures of servitude of such prisoner, for such length of time and for such wages or sum as the town council shall think convenient and requisite ; which indenture shall be signed and sealed by the town clerk in behalf of the council ; and so much of the wages or money arising from such service as shall be necessary to fulfil the order and all incidental charges shall be so applied, and the residue, if any there be, shall remain to and for the use of the person so charged.
Sec. 12. In case such bastard child shall die or cease to be chargeable to the town in which such child belongs, the justices or other authority empowered by this act shall make a just estimate of all reasonable expenses that ought to be paid by the person bound, and are fully empowered to issue a warrant for collecting the same; but in case the person against whom such order shall be made shall be dissatisfied with such estimate, he may appeal to the court of common pleas next to be holden in the county wherein such town lies; which court is empowered to hear and finally determine between the parties.
Sec. 13. In all cases where complaint has been made and substantiated to the authority aforesaid, after the birth of a bastard still-born child as aforesaid, the words in the form of the order prescribed by this act shall be varied as follows, to wit: after the words " and thereupon do order, as well for the relief of the said town of
the following words shall be inserted, instead of these “ as for keeping and maintaining of said child,” to wit: as for paying the necessary charges which have accrued, for the expenses and trouble which have arisen, for rendering comfort and subsistence to the mother of such still-born child, and of decently interring the same, that the said
shall forthwith upon sight of this order, pay or cause to be paid to the overseers of the poor of said town for the time being, the sum of
in satisfaction for the expense and trouble aforesaid ;" all the other parts of which order in such case shall be of the form of the order above recited.
Sec. 14. If sufficient security shall be proffered to the overseers of the poor in any case of complaint aforesaid under this act, and to their satisfaction, to indemnify such town for the support of such child, it shall be the duty of such overseers to accept such security.
An Act in relation to Firemen and Fire Companies.
1 SECTION 1. Firemen exempt from military duty | 3. Penalty for neglect.
after ten years service, except during 4. To make return of the number exwar.
empted from military duty. 2. Clerks of companies to make return 5. Justices of the peace may take cog. of members.
nizance of breaches of by-laws.
It is enacted by the General Assembly, as follows :
SECTION 1. All firemen who are by law exempted from military duty while serving as firemen, shall be forever exempted from military duty except in time of war, provided they shall serve in said capacity ten years in succession after they arrive at the age of twenty-one years.
Sec. 2. The clerk of every incorporated fire engine, hook and ladder, stationary engine and hydraulion company, shall, within ten days after the annual election of the officers thereof in every year, make return to the town clerk of the town in which any member of such company may reside, of the names of all the members of such company, and of all the members who are exempted from military duty and from serving as jurors, who are resident in such town.
Sec. 3. If the clerk of any such company shall neglect or refuse to make such return within the time aforesaid, he shall forfeit the sum of twenty dollars ; to be recovered before any justice of the peace in such town in an action of debt ; the one half to and for the use of the person who shall sue for the same, and the other half to and for the use of said town.
Sec. 4. Whenever the general assembly hath heretofore
or shall hereafter exempt from military duty or from serving as jurors any portion of the members of any such company, elected by any village, district or town, it shall be the duty of the clerk of every such company annually, and within ten days after his election, to return to the town clerk of the town in which any member of such company may reside, a list of the names of such members as are or shall be so exempted and resident in such town.
Sec. 5. Every justice of the peace, unless where special provision be made to the contrary, in any town in which is any fire engine, hook and ladder, stationary engine or hydraulion company, the members of which are chosen by such town, or by any village or district or incorporated company within it, is fully authorized and empowered to take cognizance of any breach of any by-law or act that is or shall be lawfully made by such town, district, village or corporation, relating to the management of said engine or apparatus within the town in which such justice lives; to make up judgment pursuant to the same, and award execution for all penalties incurred thereby. Any person who shall think himself aggrieved at any such judgment may appeal therefrom to the next court of common pleas in the same county, observing the same rules as in other cases of appeal.
An Act in relation to the Discharge of Fire-Arms, and the
firing and selling of Fire-Works.
ball or shot across road, street, &c.
lic street, &c. 3. Forfeiture for firing musket, &c., in
Providence-in certain other towns and places.
out license—or using the same.
tween sunset and sunrise. 6. Forfeitures, how recovered and ap
It is enacted by the General Assembly, as follows:
SECTION 1. If any person shall fire any rifle, gun, musket, blunderbuss or pistol, loaded with a bullet or shot, in or across any road, street, square or lane, he shall forfeit and pay not less than three dollars nor more than ten dollars.
Sec. 2. If any person shall make a bonfire in any public street, road, square or lane, without special permission from the town council of the town in which the same shall be made, he shall forfeit a sum not exceeding ten dollars.