PUNISHMENT. The justice, in the exercise of the police power, may sentence defendant for a term exceeding thirty days, and the ordinary limit in criminal cases does not apply. Nelson, 119-797.

If imprisonment is imposed the limit must be fixed with a view to securing the payment of the fine, allowance and costs, and a sentence of twelve months at hard labor, where defendant was in default only for a fine of $10 and an allowance of $50 was excessive. Nelson, 119-797.

OATH AND EXAMINATION OF WOMAN.-Notwithstanding the fact that the oath and examination of the mother are presumptive evidence against defendant, yet, if the defendant denies the paternity and contradicts the testimony of the prosecutrix, the matter is put at large, and the jury must be satisfied beyond a reasonable doubt of the defendant's guilt. Rogers, 119-793.

The oath and examination of the woman is prima facie evidence of defendant's guilt, and the burden is on him to exonerate himself from the charge. Mitchell, 119-784.

The term "prima facie" is synonymous with "presumptive" as used in the statute. Mitchell, 119-784.

Making the oath and examination of the mother "presumptive" evidence against the accused is a valid exercise of legislative power. Rogers, 119—

793.

DEFENDANT MAY WAIVE CONSTITUTIONAL RIGHT.-The defendant in bastardy proceedings may waive his constitutional right to be confronted with his accuser, and where, on appeal from a justice, the oath and examination of the woman is offered, the defendant will be deemed to have waived such constitutional privilege when he does not in express terms insist on the bodily presence of the prosecutrix on the witness stand, and a general objection to the evidence is not sufficient. Mitchell, 119-784.

Where defendant fails to demand an opportunity to confront and crossexamine the prosecutrix at the time her written examination is offered he waives his right to subsequently object to the evidence on the ground that he was not offered such opportunity. Rogers, 119–793.

JURISDICTION.—A justice of the peace has jurisdiction of bastardy proceedings commenced by the voluntary affidavit of the mother. Mize, 117

780.

A justice of the peace has exclusive jurisdiction for twelve months, and after that time the superior and criminal courts have concurrent jurisdiction Wynne, 116-981.

THE JUDGMENT VALID.-The judgment committing defendant "until he find surety' is valid, though conditional. Wynne, 116-981.

ALLOWANCE CONSTITUTIONAL.-The provision for the allowance to the mother is not unconstitutional as authorizing imprisonment for debt. Wynne. 116-981.

WHEN OFFENSE COMPLETE.-The offense of bastardy is complete when the child is begotten. Wynne, 116-981.

FATHER NOT ENTITLED TO EXEMPTION.-The father of a bastard child is not entitled to the exemption of $500 as against the allowance to the mother. Parsons, 115-730.

DISCHARGE OF DEFENDANT AS AN INSOLVENT.-The father of a bastard child,' committed for non-payment of the fine, costs and allowance, is entitled to be discharged from prison upon filing his petition as an insolvent and complying with the requirements of the law. Parsons, 115-730.

Where the mother, in answer to defendant's petition to be discharged as an insolvent, raises an issue of fraud as to her allowance, a judge of the superior court has no power to make, at chambers, in a county other than that where the issue is pending, any order prejudicial to the mother's rights without her consent. Parsons, 115-730.

As to the allowance to the mother of a bastard child, the mother can suggest fraud in answer to defendant's petition to be discharged from prison as an insolvent, and upon such suggestion, an issue is raised, which should be entered upon the trial docket of the superior court and stand for trial as other causes. Parsons, 115-730.

As to the fine and costs, only the state can suggest fraud in answer to the defendant's petition to be discharged as an insolvent. Parsons, 115– 730.

The mother of a bastard child to whom an allowance has been made is a creditor of the father, permitting her to oppose the insolvent's discharge by a suggestion of fraud. Parsons, 115-730.

The defendant in a bastardy proceeding was placed in custody until the fine, allowance and costs were paid, and was committed to jail by the sheriff under this order. He remained there for 20 days and when then discharged under sections 2967 and 2972 of The Code, and at a subsequent term was sentenced to the house of correction under above section: Held, (1) that placing defendant in custody was, by necessary implication, an order to imprison upon failure to pay the fine, allowance and costs; (2) that defendant was properly discharged; (3) that the sentence to the house of correction was erroneous. Burton, 113-655.

An instruction that the jury may convict if the evidence "satisfied" them of defendant's guilt is insufficient and erroneous. Rogers, 119-793.

WHAT COUNTY HAS JURISDICTION.-Although a bastard be born in one county, yet if the mother and child afterwards remove to another county, and there acquire a residence before proceedings in bastardy are had against her, those proceedings must be in the latter county which is alone responsible for the maintenance of the bastard. Jenkins, 34 (12 Ired.), 121.

Where a pregnant woman goes to another county, and is there delivered of her child, and she then returns with it to her native county, the justices of her native county have jurisdiction of the case. Roberts, 32 (10 Ired), 350.

The county of the mother's settlement and not that of her domicile is chargeable with the maintenance of the child, and a settlement is gained only by a continuous residence of twelve months. Elam, 61 (Phil.), 460.

Where the mother, having lived in one county for several years, removed to another county two or three months before the birth of her child, with a bona fide intention of changing her domicile, the former and not the latter county has jurisdiction of proceedings to charge the putative father. Elam, 61 (Phil.), 460.

One convicted of bastardy can not be allowed to take the oath of insolvency without remaining in prison for twenty days, and neither the judge nor solicitor can consent to such discharge. Bryan, 83-611.

AMENDMENT.-An affidavit in a bastardy proceeding may be amended in the superior court even after the defects are pointed out by a motion to dismiss. Giles, 103-391.

FORMER JUDGMENT.-A former proceeding in bastardy which was dismissed for want of jurisdiction is no bar to a second proceeding for the same offense. Giles, 103-391.

Where the mother has paid the fine and given bond to indemnify the county, on her refusal to declare the father, she can not afterwards institute proceedings against the putative father to have him charged with the maintenance of the child. Brown, 46 (1 Jones), 129.

Where the mother refuses to declare the father, pays the fine and executes the bond required by law, she can not afterwards sue out a warrant for the putative father on the ground of alleged collusion between him and the justice who took the bond. Price, 81-516.

Where the mother, after judgment has been rendered in her favor and defendant has given bond to indemnify the county, releases the defendant from the payment of them sum allowed her, such release is a bar to another action by her for the sum due her. Ellis, 34 (12 Ired.), 264.

EITHER PARTY MAY APPEAL.-A proceeding in bastardy being a civil suit, either party has a right to appeal. Crouse, 86-617. Overruled. Ostwalt, 118-1208.

AFFIDAVIT VOLUNTARY.-Where an inspection of the affidavit shows that it was sworn out by the woman before a justice of the peace, an exception that it did not appear that the affidavit was voluntary, can not be sustained. Peeples, 108-768.

AFFIDAVIT NEED NOT STATE THAT THE MOTHER IS A SINGLE WOMAN.-It is not necessary that the affidavit should state that the mother is a single woman, since if she is married that is a matter of defense, and only then to the extent of raising a presumption that the child is legitimate. Peeples, 108-768.

WARRANT. It is not necessary that the warrant should conclude "against the form of the statute." Peeples, 108-768..

CHARGE.-Where the judge inadvertently refers to the proceeding as an "indictment," the error, if any, is cured by his correcting it in another part of the charge. Williams, 109-846.

A charge that if the oral testimony offered by the prosecution and the defendant, taken together, "left the minds of the jury in doubt, then the presumption raised by the written examination would not be rebutted and the defendant would be guilty," is correct. Williams, 109-846.

PAYMENT NO BAR.-A payment to the mother by the putative father in full satisfaction for the maintenance of the child is no bar to a subsequent action in bastardy, though such payment may very properly influence the court in saying what further sums he shall pay. Harshaw, 20 (4 D. & B.),

371.

ALLOWANCE NOT PAID BY COUNTY.-The court has no right to adjudge that the allowance to the mother of a bastard child shall be paid by the county because the father takes the insolvent debtor's oath and is discharged. Bryan, 83-611.

COUNTY LIABLE FOR COSTS OF THE STATE WHEN.-Where the putative father of a bastard child takes the insolvent debtor's oath, and is discharged, the county is liable for costs of the state, but not for the solicitor's fees nor the costs of the defendant. Bryan, 83-611.

Sec. 68 (254). Procedure when woman declares father.

If any woman shall, upon oath, accuse any man of being the father of her bastard child, the justice before whom such oath is made shall cause him to be brought before some justice of the peace of such county to answer the charge; and, if he shall, upon oath, deny that he is the father of such child, the justice shall proceed to try the issue of paternity, and if it shall be found that he is the father of the child, or if he shall not deny upon oath that he is the father of the child, then he shall stand charged with the maintenance thereof, as the court may order, and shall give bond, with sufficient surety, payable to the state, to perform said order, and to indemnify the county where such child shall be born from charges

for his maintenance and may be committed to prison until he finds surety for the same, and shall be liable for the costs of the issue or proceeding, and from this judgment and finding the affiant, the woman or the defendant may appeal to the next term of the superior court of the county where the trial is to be had de novo. Code, s. 32.

Sec. 69 (255). Procedure on appeal.

Upon the trial of the issue, whether before the justice or at term, the examination of the woman, taken and returned, shall be presumptive evidence against the person accused, subject to be rebutted by other testimony which may be introduced by the defendant; and, if the jury at term shall find that the person accused is the father of the child, then the judge shall make the order for the maintenance and for costs of proceeding, and shall take bond fron. the defendant and his sureties for the maintenance of the child and to indemnify the county and pay the costs, and, in default thereof, may imprison the defendant.

Code, s. 32.

Sec. 70 (256). Putative father out of county.

If the putative father shall escape or be in any other county than that of the justice issuing the warrant, it shall be issued, endorsed, executed and returned as provided in warrants in criminal actions.

Code, s. 32.

Sec. 71 (257). Upon appeal parties and witnesses recognized.

When an appeal shall be taken the justice shall recognize the person accused of being the father of the child with sufficient surety for his appearance at the next term of the superior court for the county, and to abide by and perform the order of the court; said justice shall also recognize the woman and other witnesses to appear at said superior court, and shall return to said court the original papers in the proceeding and a transcript of his proceedings as required in other cases of appeal. If the putative father fail to appear, unless for good cause shown, the judge shall direct the issue of paternity to be tried; and if the issue be found against the person accused, he shall order a capias or attachment to be issued for the father, and may also enter up judgment against the father and his surety on his recognizance.

Code, s. 33.

Sec. 72 (258). Case may be continued till birth of child.

When the judge or justice, as the case may be, trying the issue of paternity, shall deem it proper, he may continue the case until the

woman shall be delivered of the child; but when a continuance is granted, the court shall recognize the person accused of being the father of the child with surety for his appearance either at the next term of the court or at a time to be fixed by the justice granting the continuance, which shall be after the delivery of the woman.

Code, s. 34.

Sec. 78 (259). Fine, allowance and bond.

When the issue of paternity shall be found against the putative father, or when he admits the paternity, he shall be fined by the judge or justice not exceeding the sum of ten dollars and the court shall make an allowance to the woman not exceeding the sum of fifty dollars, to be paid in such installments as the judge or justice shall see fit, and he shall give bond to indemnify the county as prescribed by law; and in default of such payment he shall be committed to prison.

Code, s 35.

Sec. 74 (260). Action barred in three years after birth.

All examinations upon oath to charge any man with being the father of a bastard child shall be taken within three years next after the birth of the child, and not after.

Code, s. 36.

Sec. 75 (261). Execution may issue for maintenance.

When the judge or justice shall charge the father of a bastard child with its maintenance and the father shall neglect to pay the same, then the judge or justice, upon application of the party aggrieved, notice being served on the defendant at least ten days before the return day stated in the notice, or such notice being returned by the sheriff or constable that the defendant is not to be found, may order an execution against the goods, chattels, lands and tenements of the father for such sum as the court shall adjudge sufficient for the maintenance of the bastard child.

Code, s. 37.

Sec. 76 (262). Putative father when committed or apprenticed.

In all cases arising under this chapter, when the putative father shall be charged with costs or the payment of money for the support of a bastard child, and such putative father shall, by law, be subject to be committed to prison in default of paying the same, it shall be competent for the court to sentence such putative father to the house of correction for such time, not exceeding twelve months, as the court may deem proper: Provided, that such parent or