Laws

A bastardy complaint made before Post Date: Thu, 31 Jul 2008 2:18:58 +0000
Upon certiorari the Supreme Court held that the pro- ceedings of the justice were regular, and that the pendency of prior bastardy proceedings on complaint of the same complainant, and for the same cause, was no bar to an examination on a second complaint. People v Hamil- ton, 95 Mich 210 What is a Pending Suit. A bastardy complaint made before a police court five years ago, on which no proceed- ings have been had subsequent to the issuing of the warrant, and which has not been continued or brought forward on the docket, cannot be deemed to be a pending suit in any such sense as to operate in abatement of a new com- plaint.

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2 2 Requisites and Sufficienc Post Date: Thu, 31 Jul 2008 2:06:50 +0000
Meredith v Wall, 14 Allen (Mas S) 155 See article ANOTHER SUIT PENDING, Vo L I, p 750 When Plea should be Presente d A plea in abatement alleging the pend- ency of prior proceedings for the same cause is not admissible if made after the defendant has made his defense before the justice, and has recognized to appear in the Circuit Court and answer to the complaint. People v Smith, 65 Mich I X JUSTICE'S RETURN TO TRIAL COURT 1 Time of Filin g The omission of the justice to return the proceedings to the trial court within the time fixed by statute will not deprive the court of jurisdiction ; * if the return is filed at any time before trial it is sufficient. 2 2 Requisites and Sufficienc Y The papers required to be returned are generally designated in the statutes regulating these proceed- ings, 3 and should be sufficient to confer jurisdiction on the trial court ; 4 but the record need not show mere matters of proof 1 Hoff v Fisher, 26 Ohio St 7 2 An attested copy of the record of the proceedings before the justice who heard the case and ordered the defendant to give bond may be filed in the Superior Court at any time be- fore the trial therei N Hawes v Gus- tin, 2 Allen (Mas S) 402 Where, upon appeal by the state to the Circuit Court, the justice's tran- script has not been filed in such court by the justice ten days prior to the commencement of the term, neither party can be forced into trial at such term; and an order continuing the prosecution until the next term, even though objected to by the defendant, is propeRGalvin v State, 56 Ind 3 Indiana A statute which provides for the transmission to the trial court of the papers and a transcript of the judgment, and that the mother's tes- timony be returned with the other papers, requires a transcript of the proceedings and judgment of the jus- tice in the case; but as to the testi- mony of the mother which must be reduced to writing and other papers, the originals must be returne d Mob- ley v State, 83 Ind 92 Illinoi S In bastardy cases no tran- script of any proceeding before the justice is required to be filed; only the warrant for the arrest of the defend- ant, and the bond for his appearance given by hi M Curran v People, 35 111 App 275 Marylan d None of the proceedings before a justice need be returned ex- cept the recognizanc e Norwood v State, 45 Md 72 Effect of Recitals in Warrant Returne d Although the statute (Alabama Code, 3801) only requires the jus- tice to return to the Circuit Court, by the first day of the term to which the defendant is bound to appear, the bond and complaint, yet the warrant also may be returned when it recites the existence of the facts on which the jurisdiction of the justice depends, and is expressly referred to in the bond; and if it is returned, its recitals are then sufficient to sustain the juris- diction of the court.

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The failure of a transcript Post Date: Thu, 31 Jul 2008 1:48:37 +0000
Williams v State, 29 Ala 9 4 Wilson v Pike County Judge, 18 Ala 757 As that the child was born in the county in which the proceeding was instituted, Edmonds v State, 5 Humph (Tenn) 94; or that the bas- tard is likely to become a county charge, State v, Jameson, 3 Heis K (Tenn) 108; Edmonds v State, 5 Humph (Tenn) 94 But it is not nec- essary that the record should show that the mother of the child was a single woma N State v Allison, Phi L (N Car) 346 A record of the proceedings before the justice, stating that "after due and full examination it is considered * * * that he [defendant] is guilty of the offense charged against him, "suf- ficiently shows an adjudication that defendant was the father of the chil d Murphy v Spence, 9 Gray (Mas S) Copy of the Charg e In the absence of any statutory requirement the transcript of the proceedings before a justice of the peace need not contain a copy of the charg e Mobley v State, 83 Ind 92 Failure of Record to Show Proceedings before Justic e The objection that the record does not show the proceedings before the magistrate required by law cannot, since the Maryland Act of 1852, C 63, which does not permit the arrest of judgment for any matter which is a ground of demurrer, be availed of by motion in arrest, because, if valid, it could have been taken advantage of by demurreRState v Phelps, 9 Md before the justic e 1 Irregularities or discrepancies not affecting the substance of the proceeding will be disregarde d 2 3 Amendment and Substitutio N The return may be amended to conform to the facts, 3 and where it is lost from the files a new return may be substituted, 4 or evidence of its contents given at the tria L 5 But where a statute requires the return of the originals there can be no substitution of copies, 6 unless their use 1 Norwood v State, 45 Md 68 Failure of Defendant to Compensate the MotheRA transcript of the justice which does not set out that the de- fendant failed to compensate the mother is not defective in that particu- lar, since it will be presumed in favor of the proceeding that the defendant did not compensate the mother con- formably to the statut e State v Allen, 4 Blackf (Ind) 269 Failure of Record to Show Birth of Child Alive Alabama Under the Ala- bama statutes the omission of the rec- ord to show to the trial court that the child was born alive and still lives is not fatal, where the statute also pro- vides that, upon a suggestion on the record that the child was not born alive, or, having been born, has since died, the bond of the defendant be- comes voi d Trawick v Davis, 4 Ala 328 Causes for Adjournment. In Wis- consin the record of a justice re- turned to the municipal court show- ing that the examination had been adjourned from time to time "upon cause shown," need not state the spe- cific causes for granting such adjourn- ment S Bookhout v State, 66 Wi S 2 Case not Entitled in Docket. The failure of a transcript of the justice's docket to show that the proceeding was formally entitled in the docket is an immaterial irregularit Y State v Snure, 29 Min N 132 Immaterial Discrepanc Y A discre- pancy in the record between the com- plaint and warrant and the judgment, wherein the two former recite that they were respectively made to and issued by the "justice," and the latter states that the complaint was made to and the warrant issued by the "court," is not such a defect as will deprive the trial court of jurisdictio N Fogarty v Connell, 153 Mas S 369 3 The justice before whom the prosecution was instituted may on the trial be allowed to amend the rec- ord of the proceedings upon a re- examination by him of the relatrix, then present.

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Ramo v Wilson, 24 Post Date: Thu, 31 Jul 2008 1:32:42 +0000
State v Higgins, 72 N Car 226 Where the return fails to show that the examination took place within the time limited by statute, the trial court, at the instance of the state, may allow an amendment in that respe Ct State v Ledbetter, 4 Ire d (N Car) 242 4 Hoff v Fisher, 26 Ohio St 7 Absence of Warrant from Papers File d Where there is a mittimus showing the commitment of a party upon a prosecution for bastardy, and subsequently a petition for a habeas corpus, and a recognizance executed in due form by the reputed father, a motion to quash the proceedings before the justice will not be sus- tained by the county court on the ground that there is no warrant in the papers showing the arrest, where all the papers recite that the proceed- ings before the examining magistrate were regulaRThe warrant might be substituted byanother conforming to it as nearly as practicable; or, if it was shown that no warrant ever issued, or that its production was necessary, the court might protect the party by mak- ing a suitable ordeRBerryman v Lawrence County Judge, 9 Ala 455 5 Where the clerk of a police court in which a bastardy complaint is made, instead of transmitting to the trial court certified copies of the complaint and warrant, as required by statute, transmits the originals, and they are lost from the files of the court, sec- ondary evidence of their contents is admissible on the trial, and the case may be tried upon the supplement- al complaint. Easdale v Reynolds, 143 Mas S 126 6 A statute allowing the replace- ment on the files of a lost writ or dec- laration has no application to bastardy proceedings so as to allow the filing of copies of a complaint, warrant, and record taken from the recitals in the* recognizance, in the place of the lost XL ADJUDICATION 1 Jurisdiction to Hear and Determine A WHAT COURTS HAVE JURISDICTIO N In some states original jurisdic- tion to hear and determine cases of bastardy is conferred on a single magistrate ; 2 in others the statutes require the association of two justices to try such cases ; 3 while in still others such juris- diction is vested in various superior court S 4 original S Bingham v Marcy, 32 Vt 279 1 Where the statute requires the return to be made up of the original papers in the proceeding the use of copies, if unobjected to, will be con- sidered as authorized by the court. Ramo v Wilson, 24 Vt 517 2 Jackson v State, 29 Ark 62 3 People v Dando, 20 Abb N Ca S ( N Y C P I) 245 In New Jersey the justice to whom the complaint is made has no power to try the merits of the charge, and the party charged as the putative father can only litigate the case when it comes up before the court of two justices for an order of filiatio N State v Overseer of Poor, 24 N J L 533 Disqualification of Trial Justice for IntereSt The mother of a bastard child is a party to the proceedings taken under the Bastardy Act for in- demnifying the township; and if one of the justices making the order of affiliation is related to the mother of the bastard, the proceedings will on certiorari be quashe d State v Over- seer of Poor, 38 N J L 200 Substitution of Associate Justic e Where on the day and at the place specified in the condition of a bond given for the appearance of the de- fendant, upon adjournment of pro- ceedings in bastardy, another justice was associated with the one who issued the warrant, instead of the justice who had previously acted as associate justice in taking the bond the latter being present on the ad- journed day, acting as counsel for the accused and consenting to the substi- tution it was held that the consent was binding on the defendant, and that it was competent for him, by his counsel, to waive all objections aris- ing from the substitution of justices, which he had done by giving such CONSENT People v Clark, 21 Barb ( N Y)2i4 Where the justice who is first called in to aid the justice who issued the warrant does not appear on an ad- journed day, another may be substi- tuted by the consent and verbal stipu- lations of both parties, entered in the minutes of the proceeding S People v Barnett, 3 Abb N Ca S ( N Y Supreme Ct) 510 New York Association of Judge) of Rochester Municipal Court.

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Darden v State, 74 Post Date: Thu, 31 Jul 2008 1:16:21 +0000
Under the provisions of the charter of the city of Rochester justices of the municipal court are not required, in bastardy proceedings, to be associated together until the commencement of the exami- nation, and up to that time the judges may alternate in the conduct of the proceeding S People z Higgins, 77 Hun ( N Y) 103 How Affected by Residence of Par- tie S Two justices of the peace of the town where the child was born may make an order of filiation and maintenance, although the legal set- tlement of the mother be elsewher e Delavergne v Noxon, 14 John S ( N Y) 333; Wynkoop v Overseers of Poor, 3 John S ( N Y) 15 Justice a Relation of Overseer of PooRWhere an overseer of the poor commenced and conducted proceed- ings in bastardy before a justice of the peace who was his son-in-law and whose wife was then living, and this justice associated with himself an- other justice, and, for neglect to com- ply with the order of filiation made by the two justices, the party charged was committed to jail, the court held that the overseer was a party to the proceedings in such sense that they were void, and the justices were liable for false imprisonment. Rivenburgh v Henness, 4 Lan S ( N Y) 208 4 Illinoi S By the Bastardy Act of 1872 (Laws of 1872, 199) county courts are vested with full power and juris- diction to hear and determine cases of bastard Y People v Woodside, 72 111 407; People v Stevens, 19 111 App Indiana The Act of March, 1853, conferred upon courts of common b REQUISITES TO CONFERThe making of a proper com- plaint before a justice of the proper county, and the holding to trial by such justice, either by commitment or bond, to appear in pleas concurrent jurisdiction with cir- cuit courts in prosecutions for bas- tard Y Cunningham -v State, 35 Ind Iowa See State v Cook, 31 Iowa 519; Montgomery County v Gorman, 34 Iowa 442 Georgia City Court of Atlant A Th e act creating the city court of Atlanta (Acts {871-72, p 57) gives it jurisdic- tion in cases of misdemeanor, and provides that the accused may be tried on an accusation; and the Acts of 1875, P 40, extend the jurisdiction of that court over the county of Fulto N Therefore, in a bastardy case, the fail- ure to give security to maintain and educate the child as provided by law was a misdemeanor, and could be tried under an accusation in that court with- out the necessity of an indictment. Darden v State, 74 Ga 842 KentucKy The county court was early held to have jurisdiction to hear and decide all cases of bastardy; and such cases may be continued and a recognizance taken of the putative father for his appearance at a subse- quent ter M Davis v Co M, 4 TB Mo N (Ky) 114 Marylan d In Cushwa v State, 20 Md 277, it was held that the jurisdic- tion conferred on the Circuit Court by 5, art.

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Kirkpatrick v State, Meigs (Tenn) Post Date: Thu, 31 Jul 2008 1:01:59 +0000
13 of the code is not original, but is in the nature of a review of the judgment of a justice of the peace, be- fore whom alone the proceeding can originate under the cod e Massachusett S The Superior Court has jurisdiction of a prosecution for bastardy, although the proceedings preliminary to the entry of the case therein appear to have been had be- fore a trial justice, and the copy of them is attested by him as such, if no other than a justice of the peace can be a trial justic e Maloney v Piper, 105 Mas S 233 Nebraska That the District Court has original jurisdiction over bastardy causes, see Altschuler v Algaza, 16 Neb 631 New York In an early case it was decided that the general sessions of the peace had no power to make an original order of filiation and main- tenance in a prosecution for bastard Y Original jurisdiction was given to the Sessions in England by the statute 3 CaRI, C 4; but that statute was never enacted her e Van Wagenen v Overseers of Poor, 10 John S ( N Y) 56 North Carolina County Court of Bun- comb e Notwithstanding the Act of 1844, C 12, declares that there shall be no jury trials in the county court of Buncombe, yet the county court there still retains its original jurisdiction in bastardy cases; and if the defendant tenders an issue, the case must be re- moved to the Superior Court by certi- orari, that the issue may there be trie d State v Sluder, 8 Ire d (N Car) 487 Superior Court. County commis- sioners have no jurisdiction of bas- tardy proceedings, and justices must recognize defendants in such cases to appear before the Superior Court of the count Y State v Waldrop, 63 N CaR507 South Carolina See State v Glenn, 14 S Car 118; State v Moon, 15 Rich ( S Car) 57 Tennessee Questions of filiation are not jury causes, and by the third section of the Act of 1835, C 6, are left with the county court; while there is nothing in the seventh section of the act, C 5, to transfer the jurisdic- tion to the Circuit Court. Kirkpatrick v State, Meigs (Tenn) 124 Wisconsin Municipal Court of Dane Count Y Jurisdiction to hear and de- termine bastardy cases is conferred upon the municipal court of Dane county, and a defendant in such prose- cution may properly be recognized by the justices of the peace to appear in that court for trial, and that court may hear, try, and determine the cas e Bookhout v State, 66 Wi S 421 Circuit Court.

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When the defendant has been Post Date: Thu, 31 Jul 2008 0:47:07 +0000
The Circuit Court had jurisdiction of a bastardy case where a complaint was made before a justice of the peace of the same county, and the defendant was arrested and recognized to appear at the next term of the said Circuit Court to answer the complaint, although the complainant was, at the birth of the bastard child and at the commencement of the ac- tion, a resident of another county of the stat e Owen v State, 12 Wi S 559 the proper court, are the means by which the trial court obtains jurisdiction to try the cause ; * and the filing of the transcript and papers in the clerk's office completes the jurisdictio N 2 1 E D p v State, 18 Fla 175; Naugatuck v Smith, 53 Con N 523 In proceedings under the Alabama Bastardy Act the Court of Probate has but a limited jurisdiction, to be exer- cised in a special manner; and this jurisdiction attaches when a party is bound to appear before it, at its session next after the bond is taken, on the charge of being the father of a bastard child; but it has no power to take cognizance and proceed ex parte with a cause brought before it in a different manneRSeah v McClana- han, 21 Ala 345 Maryland Necessity of Recognizance Being Given by Defendant Upon the discovery of the father of a bastard child by the oath of the mother of the child, the justice enters judgment against the father, to indemnify the county for all charges for the main- tenance of the child; and if the al- leged father feels aggrieved by such judgment, the justice is required to recognize the putative father to the next Circuit Court of the count Y Such proceeding is the mode by which the judgment of the justice may be reviewed by the Circuit Court; and the jurisdiction of that court to take cognizance of the case depends upon the defendant's compliance with the law in giving the recognizance to appear at the next Circuit Court. Huyett v Slick, 43 Md 289 Necessity of Requiring Recognizanc e Where the statute requires the jus- tice to recognize the defendant to the trial court, a failure to take the recog- nizance deprives the trial court of jurisdictio N Cushwa v State, 20 Md 277 Waiver of Examination before Justice by Defendant Where the defendant waives an examination before the jus- tice, enters into a recognizance to ap- pear before the Circuit Court to answer the charge, and does in fact appear and go to trial upon the issue, the Circuit Court has jurisdiction to try the caus e Rindskopf v State, 34 Wi S 224, overruling State v Braun, 31 Wi S 600, so far as it appears to indicate a contrary doctrin e Settlement Made after Commitment. When the defendant has been commit- ted or held to bail by the justice to answer the complaint in the Circuit Court, the jurisdiction of the justice is at an end, and the jurisdiction of the proceedings is thenceforth in the Cir- cuit Court; hence where, after the de- fendant had been committed to answer in the Circuit Court, the justice gave an order for his release, because while in jail upon the commitment a settle- ment had been made with the relatrix, it was held that such order by the justice was lawless and unauthorize d Getzlaff v Seliger, 43 Wi S 300 Mode Whereby Two Justices Acquire Jurisdictio N The jurisdiction of two justices in a bastardy case is acquired when there has been a proper appli- cation to a justice of the peace of the proper county; when he has ascer- tained the father of the bastard by an examination of the mother, and from other evidence, if offered; when, upon his warrant, the person so ascertained to be the father has been arrested and brought before him in custody, or, in case of defendant's arrest in another county, when the warrant has been returned with the bond required by the act, and when such justice has called to his aid another justice of the peace of the same count Y Tompkins v Schomp, 45 N J L 491 2 Cunningham v State, 35 Ind 373- In Nebraska the District Court ac- quires jurisdiction by the filing of the transcript of the proceedings before a justice of the peace based on a proper complaint, arrest of the accused, and issuance of an order requiring him to appear before the District Court for tria L Altschuler v Algaza, 16 Neb Effect of Returning and Filing Bond for Appearanc e When a bond has been taken by the justice, conditioned for the defendant's appearance in court to answer the charges as re- quired by statute, and the bond is re- turned and filed in the court, this is sufficient to show that the necessary preliminary examination was had be- fore the justice, and confers jurisdic- tion on the court to proceed with the cas e Hanna v State, 60 Ala 100 Failure to File in Court of Common C EXTENT OF JURISDICTION APPEARANCE AND SERVIC e Generally the appearance of the defendant is not necessary to the jurisdiction of the trial court, but the case may be heard and de- cided in his absenc e 1 The court may, however, cause the arrest of the defendant during the pendency of the proceeding S 3 Pleas Certified Copy of Preliminary Pro- ceeding S The omission to file in the Court of Common Pleas a certified copy of the preliminary proceedings before a magistrate does not divest that court of jurisdiction, and is no ground for dismissing the complaint if the complainant offers to file such copy before a hearin g Packard v Lawrence, 15 Gray (Mas S) 483 1 Naugatuck v Smith, 53 Con N 523; Baker v State, 65 Wi S 50; Tra- wick v Davis, 4 Ala 328; Seals v McClanahan, 21 Ala 345; and see Mariner z/ Dyer, 2 Me 165; Connolly v Anderson, 112 Mas S 60; Young v Makepeace, 103 Mas S 50 Being Regarded as Civil Actions, the respondent in bastardy proceedings need not be arraigned, but may plead by attorney; a trial and judg- ment may be had without the per- sonal attendance of the respondent, or a judgment may be rendered on Default Stokes v Sanborn, 45 N H 274 Where the Defendant Fails to Appear in compliance with his recognizance the court is not thereby deprived of its jurisdiction, but may give relief by trial and judgment against him, and by an attachment to compel per- formance of the judgment.

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Patterson v State, 91 Ind Post Date: Thu, 31 Jul 2008 0:27:12 +0000
Chand- ler v Co M, 4 Mete (Kyj 68 Trial and Proof In an early Ken- tucky case it was held that the county court has no power to render judg- ment against a putative father with- out a trial and proof; nor has it any right to order execution, or even an authorized judgment for maintenanc e Its utmost power extends no further than to exact a bond, with securit Y Wilson v Wilson, i Dana (Ky) 98 2 Britton v State, 54 Ind 535; Melton v State, 9 Ind 452; Walker v State, 6 Blackf (Ind) I Under Indiana Rev Code, 1831, if the accused cannot be taken, the justice may proceed with the trial in his absenc e If the order of the justice rendered against the absent defendant be not complied with, the justice must certify the case to the Circuit Court for final determinatio N And if in such case the defendant re- sides in another county, the process for his appearance in the Circuit Court may be directed to the county in which he reside S Allen v State, 4 Blackf (Ind) 123; Hunter v State, 6 Blackf (Ind) 384- Effect of Arrest of Defendant after Es- cap e Where the defendant had been arrested and had escaped, the justice in his absence proceeded with the trial, found the complaint true, and ad- judged the cause to be certified to the Circuit Court. This was done; and the Circuit Court, without any notice to or appearance by the defendant, tried said cause and rendered judg- ment against hi M Nearly four years thereafter, upon petition of the rela- trix setting forth these facts, the Circuit Court caused the arrest of the defendant, tried the cause anew, and again rendered judgment against hi M From this judgment an appeal was taken to the Supreme Court, assign- ing as error that the Circuit Court had no jurisdiction, because the petition of complainant showed on its face that the proceedings were instituted more than two years after the birth of the chil d Held, that the provision of the statute that no prosecution shall be instituted after two years from the birth of the child applied to the insti- tution of proceedings before the jus- tice, and not to such proceedings as might be necessary to arrest a defend- ant who had escaped after the com- mencement of the suit. Patterson v State, 91 Ind 364 Arrest of Defendant Two Years after the Case had been Certifie d If a de- fendant in a prosecution for bastardy was not a resident of nor within the state at the time the action was com- menced, nor present at the hearing, and did not come into the state until more than two years after the cause was certified to the Circuit Court, but was afterwards arrested on a warrant of such court, it acquired jurisdiction over him and could render personal judgment against hi M Beckett v State (Ind, 1894), 37 N E Rep 30 Notice by Publicatio N But where the defendant has never been arrested, or in custody, notice of the pendency of the proceed- ings by publication will give the trial court no jurisdiction of the defendant, and a personal judgment cannot be rendered against him on such servic e 1 d WHEN CAUSE MAY BE HEAR d In some states it has been held that the trial court has, at a term held for the trans- action of criminal business, 2 no jurisdiction of a prosecution for the maintenance of a bastard child ; while in other states it has been held that such cases may properly be tried at criminal term S 3 ft CHANGE OF VENU e The practice regarding a change of venue in bastardy proceedings is largely governed by the statutes of the different state S See article CHANGE OF VENU e 4 A few cases of an earlier date would seem to intimate that a defendant might be properly served with notice by publicatio N Melton v State, 9 Ind 452; Hunter v State, 6 Blackf (Ind) 383- Service by Publication on Nonresident Defendant The warrant issued for the arrest of the defendant on a com- plaint of bastardy was returned " not found," and the justice thereupon heard the complaint in the absence of the defendant, and decided that he was the father of the bastard child, and certified the cause to the Circuit Court.

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People v Stevens, 19 111 Post Date: Thu, 31 Jul 2008 0:16:17 +0000
There an affidavit was filed showing that the defendant was a non- resident of the state, and an order was obtained directing that notice by pub- lication be given of the pendency of the suit. Notice was published in a newspaper, and at a subsequent term of court the defendant was called and defaulted, and judgment was rendered against hi M Held, by the Appel- late Court, that service by publica- tion gave the Circuit Court no juris- diction of defendant, and a personal judgment rendered against him on such service was voi d Beckett v State (Ind, 1892), 30 N E Rep (Ind) 2 Maine Mahoney v Crowley, 36 Me 486 ; Smith v Lint, 37 Me 546 Illinoi S Bastardy cases may be tried indifferently at the law or at the probate term of the county court. People v Stevens, 19 111 App 405 See Kelly v People, 29 111 287 Iowa County Court to Hear Cause only in Term Ti Me A complaint of bastardy should be heard by the county court only at a regular session of the court; but an appearance by the defendant and a trial on the merits before the county court in vacation are a waiver of objections to the time of such tria L Mills County v Hamaker, ii Iowa 206 3 Massachusett S In those counties where separate terms of the Court of Common Pleas are established for the transaction of civil and of criminal business, a prosecution, under Rev Stat, C 49, relative to the maintenance of bastard children, belongs properly to the criminal ter M Hyde v Chapin, 2 Cus H (Mas S) 77; Cummings v Hodgdon, 13 Met (Mas S) 246 It is no ground of exception that in the trial of a bastardy complaint in the Court of Common Pleas, at a term held for the transaction of criminal business, the respondent was ordered to file a written plea; that he was not arraigned and asked whether he was guilty or not ; that the jury were im- paneled and sworn as in ordinary criminal cases ; or that the verdict was rendered both orally and in writin g Smith v Hayden, 6 Cus H (Mas S) i N North Carolina Bastardy proceed- ings, since the Act of 1879, are civil in so far as they seek to hold the defend- ant liable for the support of the child; kut by virtue of said act (Code, 35) they are criminal in their nature as regards the fine directed to be im- posed, and are therefore triable under Acts 1891, C 277, with criminal cases, on the first three days of the ter M State -v Cagle, 114 N Car 835 4 Indiana Right of Stat e A pros- ecution for bastardy is a civil action 2 Proceedings in Trial Court A SUPPLEMENTAL COMPLAINT.

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Baker v State, Power Post Date: Thu, 31 Jul 2008 0:00:58 +0000
In some states the usual course in conducting bastardy pro- ceedings is to file a new and more formal complaint in the trial court, 1 reciting the proceedings before the justice and alleging all the facts essential to sustain the prosecutio N 2 The complaint in which the state, as a party, may have a change of venue upon a proper showin g Saint v State, 63 Ind 128 Right of Relatri X A change of venue cannot be granted on an appli- cation and affidavit therefor by and on behalf of the relatrix, she not being a party to such actio N State v Smith, KentucKy Where bastardy proceed- ings are pending in the county court, the circuit judge may, on proper notice, affidavit, etc, grant a change of venue from the county court to the Circuit Court of the same county, or of the nearest county to which no valid objections appl Y Riggen v Co M, 3 Bush (Ky) 493 Wisconsi N Power of Circuit Court to Grant. The Circuit Court of the county in which a complaint under the Bastardy Act is made has no power to grant a change of venue; and if a change should be granted, it is doubt- ful if the defendant could confer ju- risdiction upon the Circuit Court of the county to which the action was improperly removed, by consenting lo a trial in that court. Baker v State, Power of Justice to Grant.

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