cognizance of the case, that he is innocent, they shall adjudge him to be the putative or reputed father of the child, and make an order for its maintenance, if living, or if dead, for payment of the expenses incurred before and at its death and interment. SEC. 13. If the person accused shall be dissatisfied with the order, he may appeal therefrom to the court of common pleas, at the term thereof next to be holden in the county in which such child shall have been born, upon paying down the costs which shall have accrued, and entering into a recognizance, with one or more sureties, at the discretion of such justices of the peace, for his appearance before the court appealed to, and abiding by such order as shall be made by said court in the premises; and in default of such order, to be then made and taken by said court of common pleas, to perform the order already made. SEC. 14. If the accused person shall not crave an appeal, the justices who shall have issued the warrant, shall cause him to be committed to the jail in their county, there to remain until released by due order of law, if he shall neglect or refuse to give bond, with surety or sureties, to their satisfaction, to perform their order.. SEC. 15. The woman mentioned in the complaint of the overseer or overseers of the poor, as aforesaid, shall be a competent witness in the trial of the cause, either before the justices' court or before the court of common pleas, unless otherwise disqualified as a witness. SEC. 16. The trial of the cause in the court of common pleas shall be by jury; and the issue to the jury shall be whether the defendant or person accused, be guilty or not guilty. SEC. 17. No appeal shall lie from the judgment and order of the court of common pleas on a verdict obtained in said court; but the supreme court, on the application of the overseer or overseers of the poor of the town in which such complaint originated, or of the person accused, may grant a new trial in such case for such causes and under such rules as new trials are granted in civil cases. SEC. 18. 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. SEC. 19. 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. SEC. 20. The overseer of the poor of such town may 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 an appeal on filing bond and reasons of appeal as in civil cases; but no further appeal shall be had. SEC. 21. Depositions taken according to 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 court of common pleas. SEC. 22. 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 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. SEC. 23. The justices of the peace making such order, 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. 24. 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 esquires, inhabiting in the town of county of mother of a upon the oath of of and in the upon the exami bastard child, which child is likely to become chargeable to the in the town aforesaid, that and the cause and circumstances of to be the putative the premises, do adjudge the said father of said bastard child; and thereupon do order, as well for the relief of said town of ing of said child, that the said as for keeping and maintainshall forthwith, upon for sight of this our order, pay or cause to be paid to the overseers of the poor of said town for the time being, the sum of the first four weeks from the birth of said child, for defraying the charge of the lying in of the said ; and after the expishall likewise ration of the said four weeks, the said 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 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 In witness whereof we have hereunto set our hands our order. day of SEC. 25. In case of complaint made and substantiated after the birth of a bastard stillborn child, the words in the form of the order above prescribed, 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 "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 stillborn 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. 26. 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. SEC. 27. Such indentures 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 charged. SEC. 28. In case a bastard child, for whose maintenance an order has been made, shall die, or cease to be chargeable to the town, in favor of whom such order has been made, any two justices of the peace of such town, may, and shall, upon complaint under the hand of one or more of the overseers of the poor thereof, or of the person bound, issue a summons to the person bound or to one of the overseers, as the case may be, and make a just estimate of all reasonable expenses that ought to be paid by the person bound by such order, and shall, if no appeal be taken, issue a warrant for collecting the same. SEC. 29. Either party, dissatisfied with such estimate, may appeal therefrom to the court of common pleas next to be holden in the county wherein such town lies, in the mode, and with the effect that is or may be by law provided for an appeal from the judgment of a justice of the peace in civil cases. SEC. 30. Said court of appeal shall proceed in all respects as in civil cases, to hear and finally determine between the parties the amount of such expenses, and issue execution therefor against the person bound. SEC. 31. The payment of such expenses, as finally adjusted, shall vacate the former order, and discharge the security given for the performance thereof; but otherwise said order shall, as well as the security given for the performance thereof, remain in full force. TITLE XI. Of the Insane. CHAPTER 53. Of the restraint and cure of the insane. SECTION CHAPTER 53. OF THE RESTRAINT AND CURE OF THE INSANE. 1. Complaint and warrant against person furiously mad and at large, how made and directed. 2. Of examination and proceedings by justice on return of warrant, and mad person where committed. 3. Form of warrant of commitment, and duty of officer thereon. 4. Costs of proceedings and detention, how paid. 5. Costs and expenses, how recovered of person or town liable. 6. Of petition for commission of lunacy to confine lunatic for cure, &c., and appointment of commissioners. 7. Of powers and duties of commissioners and proceedings before. 8. Of power of judge to restrain lunatic pending commission. 9. Of power of judge upon report of commissioners. SECTION 10. Person committed to hospital by judicial order, though not cured, how discharged. 11. Lunatics committed to hospital by 12. Power of superintendent, &c., of hos- 14. Power of superintendent of hospital to 15, 16, 17 and 18. Of petition for commissions to inquire into sanity of persons confined as lunatics, and proceedings on same. 19. Right to habeas corpus saved. 20 and 21. Of expenses of commissions and compensation of commissioners. SECTION 1. Whenever complaint in writing, and under oath, shall be made to any justice of the peace, that any person within his county is a lunatic, or so furiously mad as to render it dangerous to the peace or safety of the good people of the state for him to be at large, and that such person is at large, such justice of the peace shall issue his warrant under his hand and seal, returnable forthwith, directed to the sheriff, deputy sheriffs, town sergeants and constables in said county, requiring the officer charged therewith to apprehend the accused, and have him, with such warrant, before said justice, or some other magistrate, for examination relative to such complaint. SEC. 2. If the justice, on such examination, shall adjudge such complaint to be true, he shall, unless a recognizance satisfactory to said justice be then given before him that said person shall not be permitted to go at large until restored, by warrant under his hand and seal, commit such person to the Butler hospital for the insane, or, if he cannot be there received, to the jail of the county in which he may be apprehended, there to be detained until in the judgment of some magistrate of the county in which he may be imprisoned, he shall, upon inspection and examination, be declared to be restored to soundness of mind or to be no longer under the necessity of restraint, or until recognizance as aforesaid, satisfactory to such magistrate, shall be given. SEC. 3. The justice shall, in his warrant of commitment, state the town in which such lunatic or mad person was arrested; and the officer charged with the execution thereof, shall have the same power to commit such person to the Butler hospital for the insane as though said hospital were within his precinct. SEC. 4. The costs of apprehending, examining, committing and detaining such lunatic or mad person, shall be paid by such person, if he have any estate; otherwise, in the first instance, and until the liability of some other town in the state for the maintenance of such person is admitted by such town, or ascertained by proper proceedings had, by the town in which such person shall have been apprehended. SEC. 5. Whenever any person or town chargeable with the costs and expense of apprehending, committing and detaining or keeping any such lunatic or mad person shall neglect to pay the same or either or any part thereof, it shall be the duty of the committing magistrate, and of the keeper of the jail to which such person may be committed, and the right of the superintendent of said hospital, if he be committed thereto, to give notice of such neglect to the attorney-general, who shall, in the name and at the expense of the state, commence an action of the case in behalf and for the benefit of all persons interested, against the person or town so neglecting, for the recovery of such costs and expenses, or either of the same, and prosecute the same to final judgment and execution. SEC. 6. On petition under oath, setting forth that any person is insane and that the welfare of such person, or of others, requires him to be placed in a hospital for the insane, or to be restrained, any judge of the supreme court may forthwith appoint not less than three commissioners to inquire into the condition of the subject of such petition, and to report all facts connected with or bearing upon the same, together with their opinion whether such |