The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1821-06-19
LAW > OF MAINE.
AN ACT for the maintenance OF Bastard
children.

AN ACT Tor the maintenance Of Bastard
children.
DE ii enacted b. the Senate and Youss
SECT l. D q Rcprss. iaiiues m Leg,sla IRE
assembled, That whenever any woman who ha tn
been delivered Of bastard child, or being pres-
nant with a child which if born alive NAV be a
bastard, shall accuse any man of being the father
thereof, before any Justice Of the Peace and de-
sire prosecution against the man, whom she
accuses of being the father of the child, the JUS
tice shall then proceed to take her accusatio on
and exa aination III writing, under oath, respect
ing the man so accused, and the time and place
where she was begotten with child, with such
other circumstances as he shall judge necessary
for the discovery of the truth Of such accusation
and at his discretion may bind him that is so
accused to the next Circuit Court Of Common
Pleas, with sufficient surety or sureties, to an
swer to such accusation, and abide the order Of
Court thereon. And il the woman be not then
delivered, or be unable personally to attend the
SAID court may order the continuance or renewal
OF mas and her bond, that they may be forth COM
ing at the next Circuit Court of Common Pleas
after the birth of the child and the continuance
OF sueh bonds aforesaid to the next Circuit Court
ut Common Pleas entered thereon by order OF
the said court (uness the surety sureties shall
OBJECT there!o) shall have the same force and
effect as recosnizance taken in court for the
next term. And if she being put upon the dis
sovery OF the truth respecting the same accusa-
ton IN the time Of her travail, shall thereupon
accuse the same person OF being the father OF the
child OF which she is about to be delivered, and
shall continue constant in such accusation, and
shall prosecute him as the father OF such child
before the Circuit Court of Common Pleas, In the
manner herein prescribed Tin which prosecution
she shall be admitted as competent witness
and her credibility be left TO the jury and such
examination shall be given in evidence on the
trial OF the issue, or if by default or by his plea
he shall admit the truth of the allegations con-
tanned ia such prosecution, he shall be adjudged
the rePuted father of such child, and stand char
ged with the maintenance thereof, with the
assistance OF the mother, as the Justices Of the
same Court shall order and shall give security
TO perform the said order, and to save the town
or place which might be otherwise chargeable
with the maintenance of such child, free from
charge tor its maintenance; and may be com
mIttcd 10 prison until he shall find sureties'for
the same, unless the pleas and proofs made and
produced on ne behalf of the man accused,
and other circu instances, be such as the jury, by
whom the issue, whether he is guilty not
guilty, shall be tried, shall find him not guilty /;
in which case the justices OF the said Court shall
aCquIt him thereof; and the verdict Of the jury
OF the same Courr, whether guilty or not guilty
seall be final respecting such issue Pros.ded,
That no woman shall be admitted as a witness
as aforesaid, who has been convicted of any
crime, which would W law dsqualiiy her from
being witness IN any other cause. And FRO
rided also, That.no woman after she has made
an application as aforesaid to justice OF the
Peace for a prosecution against the putatve
father Of a bastard child, and after such justice
has taken her accusation and examination on
! oath, shall be allowed 10 make any settlement
with such father, or give any discharge, which
shall be given IN evidence ON the trial OF any
such complaint 70 effect or bar the same, # 1t !:
objected to in writing by the overseers OF the
| poor Of any town, interested in the maintenance
| and support ofsuoh mother or bastard child.
SEC. 2 Be ufuTther eRGcisd, That any Justice
| OF the Peace in any county in this state may
| issue his warrant directed TO the proper othcei
| in his own county, on any such complaint made
| on oath and accompanied by The accusation aud
/ examination Of such woman, directed TO and
| made before any other Justice Of the Peace, and
such Justice so issuing his warrant, may proceed
| TO require of the man accused, when apprehend
| ed and brought before him, bond, with SUN
cient suretes, as in this act IS provided, condi
| toned for his appearance at the Circuit Cour
| of Common Pleas next TO be holden 10 th'
county where the complaint was made.
February Ia, i82l-APproved
| WILLIAM KING.