ing. shall be sent out of any town, agreeably to this act, shall for return- voluntarily return thither again, without leave first obtained of the town-council for so doing, he or she shall forfeit the same penalty, and be subject to the same punishment, as is prescribed in the twelfth section of this act. Town may order sons, &c. SEC. 19. And be it further enacted, That if any person councils shall reside in any town in this State, not being legally unsuita- settled in that or any other town in the State, and shall ble per- become, or likely to become, chargeable to the town to depart. Where such person shall so reside, or who shall, in the opinion of the town-council of such town, be a person of bad fame and reputation, and an unsuitable person to become an inhabitant thereof, it shall and may be lawful for the town-council of such town, upon complaint of one or more of the overseers of the poor of such town, to order such person to depart from and out of such town, within such time as the said town-council in their discretion may apPenalty. point and if the person so ordered shall not depart from such town, within the time appointed as aforesaid, or having so departed, shall voluntarily return thither, without leave first obtained from the town-council for so doing, such person shall be fined by the town-council, not exceeding seven dollars, to and for the use of the poor of such town; and in default of paying the same, shall be publicly whipped, at the discretion of the town-council, not exceeding twenty-nine stripes, and shall be subject to the like penalty and punishment on every repetition of such offence. not gained tate in case. Settlement SEC. 20. And be it further enacted, That whenever the by real es-town-council of any town in the State shall adjudge any person residing therein to be of bad fame and reputation, or to be an unsuitable person to become an inhabitant of such town, and shall order him or her to be removed therefrom, such person shall not, by his or her thereafter acquiring or becoming seized or possessed of any real estate in such town, gain any settlement in such town, or any right to become an inhabitant thereof, without the consent of the town-council of such town. 1752 69 '86 '92 '95 '98 '99 1800 '22. An act regulating proceedings in cases of Bastardy. SECTION 1. Be it enacted by the General Assembly, and by the authority thereof it is enacted, That upon the examination of any unmarried woman, taken on oath, in writing, overseers, sue. in consequence of a complaint made under the hand of Upon comone or more of the overseers of the poor of the town where plaint of such unmarried woman shall reside or belong, that she is &c. warwith child, it shall be lawful for any justice of the peace rant to isor warden of either of such towns, to grant forth a warrant or summons against the person whom she shall so charge with getting her with child; which warrant or sum- To whom mons, in case the person so charged shall live or may be directed. found in any other town in the county than in the town liable to become chargeable for the support of such child when born, shall be directed to the sheriff of the county, his deputy, or to the town-sergeant of the town where such unmarried woman shall reside or belong, who are hereby authorized and empowered to execute such warrant or summons in any town in such county; but if the person so charged shall live in the same town with such unmarried woman, the warrant or summons may be directed for service to the sheriff, his deputy, or to the town-sergeant, or to either of the constables of such town: that when the party accused shall appear before any such justice of the cused to peace or warden, if he can offer no satisfactory reason be recogthat he is innocent, he shall enter into a recognizance with one or more sureties, at the discretion of such justice of the peace or warden, to appear at the next supreme judicial court to be holden in and for the county in which such complaint may have originated; and if he shall re- Ou refusal, fuse to enter into such recognizance, the justice of the to be compeace or warden shall commit him to the common jail, there to remain until he shall be by due course of law discharged therefrom; and that the said supreme judicial court, if recognizance be entered into, and the woman be not delivered, may order a continuance of the recognizance to their next term, and so on from court to court, until the woman shall be delivered, to the end that an order may be made. Person ac nized. mitted. birth the ined. SEC. 2. And be it further enacted, That after any bastard On the child shall be born in any town in this State, whether mother to such child be born alive, or be still-born, or being born be examalive shall die before an order be made, and no examination had before the birth of such child, it shall be lawful for any two or more justices of the peace or wardens, living in the town where such child shall be born, or in the town which shall be liable to support such bastard child, upon examination of the woman by them taken on oath, and upon complaint of the overseers of the poor of to be is sued. be made. Warrant either of such towns, to grant forth a warrant for the person whom the mother of the child shall charge on oath with begetting such child; or in case the mother, before the birth of such child, shall have charged any person upon oath as aforesaid with begetting the same, then, upon the birth of such child, a warrant shall be issued in like manner against the person so accused; provided he shall live or may be found in the same county; which warrant or warrants shall be directed and served as is herein before directed: that when the accused person shall appear, if the woman, on being examined anew on oath, shall continue constant in her accusation, and no plea or proof be produced sufficient to satisfy the justices or wardens, who shall have taken cognizance of the case that he is innocent, they shall adjudge him to be the puOrder to tative or reputed father of the child, and make an order for its maintenance if living, or if dead, for payment of the expences accrued before and at its death and interment; and that if the person accused shall be dissatisfied Appeal with the order, he may appeal therefrom to the supreme granted. judicial court, at the term thereof next to be holden in the county in which the child shall have been born, upon paying down the costs that shall have accrued, and entering into a recognizance with one or more sureties, at the disTerms of cretion of such justices or wardens, for his appearance, and abiding by such order as shall be made by the said supreme judicial court; and in default of such order to be then made or taken by the said supreme judicial court, to perform the order already made; but if he shall not pray an appeal, the justices and wardens who shall have issued the order are empowered and directed to commit committed him, if he shall refuse or neglect to give bond with surety to perform their order: Provided however, That no woman shall be admitted a witness as aforesaid, who hath been convicted of any crime which would by law disqualify her from being a witness in any other cause; and the question of her credibility shall always be governed by the law of May have evidence, as in other cases: And provided further, That trial by in all cases when the defendant appeals, or is recognized to appear before the supreme judicial court as aforesaid, a trial shall then be had by the jury, if either party require it. May be in case. Proviso. jury. SEC. 3. And be it further enacted, That if the person accused, doth not live in the county wherein complaint shall be made, before or after the birth of such bastard child as aforesaid, or is not there to be found, it shall be lawful Accused of the warrant for any justice of the court of common pleas in the county living out where complaint shall be made as aforesaid, having first county, examined the mother of such child upon oath, to grant forth a warrant, directed to the sheriff of the county, or his issued, deputy, in which the accused person dwells or resides, to apprehend the said person, and him bring to the town where such complaint shall be made, before the birth of any bastard child, or after such child shall be born; and when he appears, the justice who shall have granted the warrant or summons as aforesaid, shall order him into the custody of the town-sergeant, or some constable of that town; and is hereby fully empowered, in conjunction with Proceedany one justice or warden living in the said town, to take ings therecognizance of the cause, and proceed therein, in the manner directed in the two preceding sections, with concurrent powers and similar forms prescribed therein to the justices or wardens, 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 ordcr be made, and no examination had before the birth of such child, respect being had to the local jurisdiction of the different authorities created by this act. SEC. 4. And be it further enacted, That the order to be made for the maintenance of a bastard child, shall be in substance of the following form, to wit: in the county of and of mother of a day of Whereas due proof has been made before us, Esquires, inhabiting in the town of upon the oath of bastard child, born the in the town aforesaid, that did beget the said bastard child, which child is likely to become chargeable to the said town of we the said of upon examination of the said and maintaining of said child, that the said on. Form of the order. preme court. charge of the lying in of the said and after the expiration of the said four weeks, the said for and towards the further 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 Order may SEC. 5. And be it further enacted, That when any order be altered made in manner as aforesaid for the maintenance of a by subastard child, shall be brought before the said supreme judicial court by appeal, the said court be and hereby is fully empowered to alter or amend the same, if it shall appear to be extravagant or any way defective; but shall not quash or reverse it, unless it be made to appear that there is no sufficient reason to adjudge the person charged with the maintenance of the child, to be the putative father thereof; any law, custom or usage to the contrary in any wise notwithstanding. Commit fusal to 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 estates, 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 : SEC. 6. Be it therefore further enacted, That when and so ted for re- often as any man shall stand committed to any of the jails perform in this State, for the non performance of any final adjudiorder, may cation and order in bastardy made up against him, the be bound out. 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 sign |