Page:1862 Territory of Dakota Session Laws.pdf/60

CHAP. VI.] child, or who shall be pregnant with a child which, if born alive might be a bastard, accusing any person of being the father of such child, the justice shall take such complaint in writing under the oath of such female, and shall thereupon issue his warrant against the person accused, directed to the sheriff or any constable of the county, commanding him forthwith to bring such accused person before the justice to answer such complaint.

. 2. On the return of such warrant, if the accused be in custody, or shall appear, the justice shall proceed to examine the complainant under oath, respecting the cause of the complaint, and such accused person shall be allowed, by himself or attorney, to ask the complainant, when under oath, any questions necessary for his justification or defence; and such questions, and the answers, with every part of the proceeding, shall be reduced to writing by the justice.

. 3. If such accused person shall pay or secure to be paid to the female complaining, such sum or sums of money, or other property, as she may agree to receive in full satisfaction, and as shall be approved by the commissioners of the county, of which agreement and approval the justice shall make a memorandum upon his docket; and if the accused shall also enter into bonds, with sufficient sureties, to be approved by the justice, to the commissioners of the county in which such female shall reside, and their successors in office, conditioned to secure and indemnify such county from all charges for the maintenance of such child, and shall also pay all expenses, if any, incurred by such county, for the lying-in, and support and attendance upon the mother of such child during her sickness, and the costs of prosecution; then the justice shall discharge such accused person.

. 4. In case any person accused as aforesaid, does not comply with the provisions of the preceding section, the justice before whom the complaint shall be made, shall bind such person in a recognizance, with two or more sufficient sureties, to be approved by the justice, in a sum not less than one hundred dollars, nor more than five hundred dollars, to appear at the next term of the district court for the proper county, to answer the said complaint and abide the order of said court thereon; and on his neglect or refusal to find such