932. If undertaking not given, defendant to be taken before magistrate who issued the warrant. 933. Before what magistrate in the same county, defendant is to be 935. Adjournment of examination. Security from defendant. 938. On giving undertaking, defendant to be discharged; otherwise, to 939. Commitment of defendant, during examination. 940. Proceedings by magistrate, when security is given by defendant on arrest out of the connty. 941. Examination in such case, and order thereon. 942. Magistrates may compel mother to disclose the father of the bastard. Proceedings, if she refuse. 943. If mother possess property, two magistrates may make an order that she pay for the support of the child. 944. If she do not comply, she must be committed, or discharged on undertaking. 945. Magistrates may reduce amount directed to be paid by the father or mother. Court of sessions may reduce or increase it. 946. Proceedings against the father or mother, absconding from their place of residence. 924. A bastard is a child who is begotten and born, 1. Out of lawful matrimony: 2. While the husband of its mother was separate from her, for a whole year previous to its birth: or 3. During the separation of its mother from her husband, pursuant to a judgment of a competent court. The same in substance as 1 R. S., 3d ed. 822, sec. 1. § 925. The father and mother of a bastard are liable for its support. In case of their neglect or inability, it must be supported by the county, city or town in which it is born, as provided by special statutes. The same in substance as 1 R. S., 3d ed. 822, sec. 2. CRIM. CODE.] 27 926. If a woman be delivered of a bastard, or be pregnant of a child likely to be born such, and which is chargeable to a county, city or town, a superintendent of the poor of the county, or an overseer of the poor or other officer of the almshouse of the town or city where the woman is, must apply to a justice of the peace or police justice in the county, to inquire into the facts of the case. The same in substance as 1 R. S., 3d ed. 823, sec. 5. § 927. The magistrate must, by the examination of the woman on oath, and any other testimony which may be offered, ascertain the father of the bastard, and must issue his warrant, directed to a peace officer of the county, commanding him, without delay, to apprehend the father and bring him before the justice, for the purpose of having an adjudication as to the filiation of the bastard. The same in substance as 1 R. S., 3d ed. 823, sec. 6. § 928. An officer issuing a warrant or making an examination, as provided in this title, is designated as a magistrate, and the person against whom the warrant is issued, as the defendant. § 929. If the defendant reside in another county than that in which the warrant issued, the magistrate must, by an endorsement thereon, direct the sum in which the defendant shall give security, and the officer must deliver the warrant to a justice of the peace or police jus tice in the city or town in which the defendant resides or is found. The magistrate to whom it is presented, on proof, under oath, of the signature of the magistrate who issued the warrant, must then endorse a direction thereon, that it be served in the county in which he resides, and the defendant may be arrested in that county accordingly. Upon this proof, the magistrate endorsing the warrant is exempted from liability to a civil or criminal action, though it afterwards appear that the warrant was illegally or improperly issued. The first sentence of this section is the same in substance as 1 R. S., 3d ed. 823, sec. 7; the second is taken from 2 R. S., 3d ed., 835, sec, 73, and is conformable in its language to sec. 157, of this code, p. 73, 74. § 930. When the defendant is arrested in another county, he must be taken before the magistrate who endorsed the warrant, or before another magistrate of the same city or county, who may take from the defendant an undertaking, with sufficient sureties, to the effect: 1. That he will indemnify the county, and town or city, where the bastard was or is likely to be born, and every other county, town or city, against any expense for the support of the bastard, or of its mother during her confinement and recovery, and to pay the costs of arresting the defendant, and of any order of filiation that may be made, or that the sureties will pay the sum endorsed on the warrant; or, 2. That the defendant will appear and answer the charge, at the next court of sessions of the county where the warrant was issued, and obey its order thereon. The same in substance as 1 R. S., 3d ed., 823, sec. 8. § 931. When either of the undertakings mentioned in the last section is given, the magistrate must discharge the defendant, and must endorse a certificate of the discharge upon the warrant. He must also deliver the warrant, with the undertaking, to the officer, who must return it to the magistrate granting the warrant, by whom the same proceedings must be had, as if he had taken the undertaking. The same in substance as 1 R. S., 3d ed., S24, sec. 9. § 932. If the defendant do not give security, as provided in section 930, the officer must take him before the magistrate who issued the warrant. The same in substance as 1 R. S., 3d ed. 824, sec. 10. § 933. If, however, the magistrate who issued the warrant, be absent or unable to act, the defendant must be taken before the nearest or most accessible magistrate in the same county. The officer must, at the same time, deliver to the magistrate, the warrant with his return endorsed and subscribed by him. Taken from 2 R. S., 3d ed. 835, sec. 74; and conformable in its language, to sec. 162, of this code, p. 75. 934. The magistrate before whom the defendant is brought, as provided in the last two sections, must immediately associate with himself, another justice of the peace or police justice in the same county or city; and the two magistrates thus associated, must inquire into the charge, and must examine on oath, the woman who is the mother of or pregnant with the bastard in the presence of the defendant, in respect to the charge, and hear any testimony which may be offered in relation thereto. Taken from 1 R. S., 3d ed. 824, sec. 11. § 935. The magistrates may, on the application of the defendant, for good cause, adjourn the examination, not exceeding thirty days, upon the defendant giving an undertaking, with two sufficient sureties, to the effect that he will appear before the magistrates at the time appointed, or that the sureties will pay the sum mentioned therein, which must be fixed by the magistrates, and which must be a full indemnity for the expense of supporting the bastard and its mother, as provided in section 937. Taken from 1 R. S., 3d ed. 824, sec. 12. § 936. Upon the hearing, the magistrates must determine who is the father of the bastard, and must proceed as follows: |