If complainant cannot attend, case continued, &c. Proviso. Upon trial, mother of bastard ness. If accused guilty. security, the justice shall cause him to be committed to the jail of the county, there to be held to answer to such complaint at the next term of such court; and such justice shall thereupon certify the examination so taken before him, and shall return the same, and all process and papers in the case, to the clerk of said court. SECT. 5. If, at the next term of said court, the complainant shall not have been delivered or shall not be able to attend, or if at any time there shall be any other sufficient reason therefor, the court may order a continuance of the cause from term to term, as shall be judged necessary; and upon such continuance, shall order the renewal of the recognizance, and when renewed, the same shall remain in full force until final judgment: Provided, That if the sureties in the recognizance shall, at any term of said court, object to being any longer held liable, or if the court shall, for any cause deem it proper, such court may order a new recognizance to be taken, and the defendant shall stand committed until he give such new recognizance. SECT. 6. Upon the trial of the cause, the mother of the admitted as wit- bastard shall be admitted as a witness, unless she have been convicted of a crime which would by law render her incompetent as a witness in any other suit; and the issue shall be, whether the accused is guilty or not guilty; and if he shall be found guilty, or if he shall admit the truth of the accusation, he shall be adjudged to be the father of such child, and shall stand chargeable with the maintenance thereof, in such sum or sums, or in such manner as the court may direct, and the payment of all the costs of prosecution; and the examination taken before the justice, shall in all cases be read to the jury, when the reading of the same shall be demanded by the accused. Persons ad judged guilty to or be imprisoned. SECT. 7. The person so adjudged to be the father of such give bond, &c., child, shall give bonds to the commissioners of the proper county with sufficient sureties to the satisfaction of the court for the performance of such order, and also for the payment of all expenses incurred by such county for the lying-in and attendance upon the mother of such child prior to the giving of such bond; and in case he shall neglect or refuse to give such bond, and pay the costs of prosecution, he shall be committed to the jail of the county, there to remain until he shall comply with the order of the court, or until he shall be discharged therefrom as provided by law. SECT. 8. Any man who shall have been imprisoned ninety days for having failed to comply with the orders of the district court, as provided in this chapter, shall have the benefit of the law for the relief of prisoners committed on execution issued for the collection of fines in criminal cases. If imprisoned ninety days. If mother fails to prosecute to SECT. 9. When the mother of a bastard child commences any such proceedings as are provided for in this act, and fails final judgment. to prosecute the same to judgment and final termination, the commissioners of the proper county, or any person interested in the support of such bastard, may prosecute the proceedings commenced by the mother, to final judgment. If child be quire into facts. SECT. 10. If any female shall be delivered of a bastard child, comes public which shall be a public charge, or likely to become a public sioners may incharge, or shall be pregnant of a child likely to be born a bastard and to become a public charge, the board of commissioners of the county where such female shall reside, or any of them may, upon application for aid in supporting such child, by the mother thereof, or if they deem proper without such application, apply to some justice of the peace of the same county to make inquiry into the facts and circumstances of the case. such case. SECT. 11. Such justice shall examine such female on oath Proceedings in respecting the father of such child, the time when and the place where she was begotten with child, and such other circumstances as the justice may deem necessary for the discovery of the truth; and shall thereupon issue his warrant to apprehend the reputed father; and the same proceedings shall thereupon be had, as if complaint had been made by such female, as prescribed in the foregoing provisions of this act, and with the like effect; any warrant issued under the provisions of this act may be executed in any part of this territory, and, in all cases, said commissioners and the accused may require the attendance of such female to testify, the same as witnesses in other cases. may compromise with putative father. SECT. 12. The county commissioners of any county in this Commissioners territory, shall have power to make such compromise and arrangement with the putative father of any bastard child in such county, relative to the support of such child, as they Take effect, when. shall deem equitable and just; and, thereupon, may discharge such putative father from all liability for the support of such bastard. SECT. 13. This act shall take effect and be in force from and after its passage. Approved May 12, 1862. W. JAYNE, Governor. BOATS AND VESSELS. Boats and vessels liable for what. Suit may be instituted against boat or vessel. CHAPTER 7. AN ACT TO PROVIDE FOR PROCEEDINGS FOR THE COLLEC- Be it enacted by the Legislative Assembly of the Territory of SECTION 1. Every boat or vessel, used in navigating the waters of this territory, shall be liable: 1st. For all debts contracted by the master, owner, agent, or consignee thereof, on account of supplies furnished for the use of such boat or vessel; on account of work done or services rendered on board of such boat or vessel, or on account of labor done or material furnished by mechanics, tradesmen, or others, in and for building, repairing, fitting out, furnishing, or equipping such boat or vessel. 2d. For all sums due for wharfage or anchorage of such boat or vessel in this territory. 3d. For all demands or damages accruing from the non-performance of any contract of affreightment, or any contract touching the transportation of persons or property, entered into by the master, owner, agent, or consignee of the boat or vessel, on which said contract is to be performed; and for all injuries done to persons or property by such boat or vessel. SECT. 2. Any person having a demand as aforesaid, instead of proceeding for the recovery thereof against the master, owner, agent, or consignee of a boat or vessel, may, at his option, institute suit against the boat or vessel by name. SECT. 3. Any plaintiff wishing to institute suit against a boat or vessel, shall file his complaint against such boat or vessel by name, with the clerk of the district court of the county in which such boat or vessel shall be or lie. How com menced. SECT. 4. The complaint shall set forth the plaintiff's de- The complaint. mand in all its particulars, and on whose account the same accrued; it shall be verified by the plaintiff, or some credible person for him. issued, when, SECT. 5. Whenever any complaint, as aforesaid, shall be, Warrant to be filed in the office of the clerk of the district court, it shall be his duty to issue a warrant returnable in twenty days, directing and authorizing the sheriff to seize the boat or vessel mentioned in the complaint, and detain the same in his custody, together with its tackle, apparel, and furniture, until discharged from such custody by due course of law. SECT. 6. Upon the return of any warrant, issued by virtue of the next preceding section, proceedings shall be had before the district court, against the boat or vessel seized, in the same manner as if suit had been instituted against the person on whose account the demand accrued. SECT. 7. The master, owner, or consignee of the boat or vessel, may appear on behalf of such boat or vessel, and answer the complaint. Return of war rant. Master, owner, &c., may appear. appear. SECT. 8. If [in] any action, commenced under the provisions If he does not of this act, the master, owner, agent, or consignee of the said boat or vessel shall not appear and answer the complaint in twenty days after the said action shall be commenced, the plaintiff may proceed to take judgment, in the same manner and under the same restrictions as in a civil action against a natural person: if an issue of facts should be joined, the proceedings shall be had as in other cases. charged, when satisfactory se curity is given. SECT. 9. If the master, owner, agent, or consignee shall, Boat, &c., disbefore final judgment in any suit instituted by virtue of this act, give bonds to the plaintiff in such suit, with sufficient sureties, to be approved by the court or the judge or clerk thereof in vacation, conditioned to satisfy the amount that shall be adjudged to be owing and due to the plaintiff, in the determination of the suit, together with all costs accruing, such boat or vessel, with the tackle, apparel, and furniture belonging thereto, shall be discharged from further detention by the sheriff. Court may order sale, when. If bond is given, execution issue against principal and security. Justices have cognizance, when. Justices, how governed. Warrants returnable forth a summary man ner. SECT. 10. If judgment shall be rendered against any boat or vessel, in favor of the plaintiff, the court shall make an order, directed to the sheriff, commanding him to sell such boat or vessel, together with its tackle, apparel, and furniture, to satisfy the judgment, and all costs that may have accrued in the cause, which order shall be executed and returned in the same manner as executions. SECT. 11. If bond and security shall have been entered into according to the ninth section of this act, and judgment shall have been rendered in favor of the plaintiff, execution shall be issued for the amount of judgment and costs in favor of the plaintiff, against the principal and security in such bond. SECT. 12. Justices of the peace within their respective counties, shall have cognizance of all cases arising under this act, when the demand claimed shall not exceed the jurisdiction of a justice of the peace. SECT. 13. In all their proceedings, justices of the peace shall conform to the provisions of the law governing justices' courts, and as near as may be to the provisions of this act, as they apply in the district court. SECT. 14. Each warrant issued by a justice of the peace with. Decided in under this act, shall be returnable forthwith; and upon the return of such warrant it shall be the duty of the justice of the peace to hear and determine the complaint of the plaintiff in a summary manner. Warrants served and returned, how. Officer may sell such part as may be necessary. Continuance granted, when and for what cause. SECT. 15. All warrants issued by the provisions of this act, shall be served and returned as writs of attachments are served and returned. SECT. 16. Whenever an order of sale shall be made for the sale of a boat or vessel, with its tackle, apparel, and furniture, the sheriff or constable shall have power to sell such part thereof, or such material therein, as shall be necessary to satisfy the amount of judgment rendered in favor of the plaintiff, and all the costs that may have accrued. SECT. 17. Upon good and sufficient cause shown by the master, owner, agent, or consignee of any boat or vessel sold under this act, the court or justice of the peace may grant a continuance of the cause; but no such continuance shall operate as a discharge of such boat or vessel from the custody of the sheriff or constable. |