Page:1862 Territory of Dakota Session Laws.pdf/61

44 security, the justice sball cause him to be committed to the jail of the county, there to be held to answer to such complaint at the next term of such court; and such justice shall thereupon certify the examination so taken before him, and shall return the same, and all process and papers in the case, to the clerk of said court.

. 5. If, at the next term of said court, the complainant shall not have been delivered or shall not be able to attend, or if at any time there shall be any other sufficient reason therefor, the court may order a continuance of the cause from term to term, as shall be judged necessary; and upon such continuance, shall order the renewal of the recognizance, and when renewed, the same shall remain in full force until final judgment: Provided, That if the sureties in the recognizance shall, at any term of said court, object to being any longer held liable, or if the court shall, for any cause deem it proper, such court may order a new recognizance to be taken, and the defendant shall stand committed until he give such new recognizance.

. 6. Upon the trial of the cause, the mother of the bastard shall be admitted as a witness, unless she have been convicted of a crime which would by law render her incompetent as a witness in any other suit; and the issue shall be, whether the accused is guilty or not guilty; and if he shall be found guilty, or if he shall admit the truth of the accusation, he shall be adjudged to be the father of such child, and shall stand chargeable with the maintenance thereof, in such sum or sums, or in such manner as the court may direct, and the payment of all the costs of prosecution; and the examination taken before the justice, shall in all cases be read to the jury, when the reading of the same shall be demanded by the accused.

. 7. The person so adjudged to be the father of such child, shall give bonds to the commissioners of the proper county with sufficient sureties to the satisfaction of the court for the performance of such order, and also for the payment of all expenses incurred by such county for the lying-in and attendance upon the mother of such child prior to the giving of such bond; and in case he shall neglect or refuse to give such bond, and pay the costs of prosecution, he shall be