Page:1862 Territory of Dakota Session Laws.pdf/62

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CHAP. VI.]
BASTARDS.
45

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.

If imprisoned ninety days.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 mother fails to prosecute to final judgement.Sect. 9. When the mother of a bastard child commences any such proceedings as are provided for in this act, and fails 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 becomes public charge, commissioners may inquire into facts.Sect. 10. If any female shall be delivered of a bastard child, which shall be a public charge, or likely to become a public charge, 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.

Proceedings in such case.Sect. 11. Such justice shall examine such female on oath 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.

Commissioners may compromise with putative father.Sect. 12. The county commissioners of any county in this 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