Page:Revised Codes of the State of North Dakota 1895.pdf/1419

Bastardy Proceedings. ..., 18...delivered of a bastard child (or is pregnant with a child which, if born alive, may be a bastard), begotten by the defendant....on or about tho........ day of...... 15...at Wherefore she asks that a warrant may be issued for the arrest of the defendant..... that he may answer to such charge.

Subscribed and sworn to, etc.

§ 7840. Warrant issued. Form. Service. Upon the filing of the complaint the magistrate shall issue a warrant which, exclusive of the venue and title, shall be in substantially the following form: The state of North Dakota to any sheriff, constable, marshal or policeman in the county of Complaint on oath having been made to me by that she is an unmarried woman and has been delivered of a bastard child (or is pregnant with a child which, if born alive, may be a bastard), and accusing the defendant with being the father of such child.

You are therefore commanded forth with to arrest the above named and, unless he gives an undertaking in the sum of dollars, to be approved by the clerk of the district court of the county where arrested, to bring him before me at or in case of my absence or inability to act before the nearest or most accessible magistrate authorized to act in this county. Dated at this day of 19 Justice of the Peace (or Police Magistrate). The officer to whom such warrant is delivered may execute the same in any part of this state by arresting the defendant and taking him before a magistrate as in such warrant directed. The undertaking required by the warrant shall be conditioned for the defendant's appearance as prescribed in section 7842.

§ 7841. How defendant released. If the defendant shall at any time after his arrest pay or secure to be paid to the complainant such sum of money as she may agree in writing to receive in full satisfaction and as shall be approved by the board of county commissioners of the county in which she resides and shall execute and give an undertaking with sufficient sureties to be approved by such board to the county in which she resides, conditioned to secure and indemnify such county from all charges for the maintenance of such child and shall also pay all expenses incurred by such county for the support of the mother during her lying in or of the child and the costs of prosecution, he shall be discharged.

§ 7842. Undertaking. Amount. Commitment. Upon the arrest of the defendant, unless he complies with the provisions of the last section or gives an undertaking as provided in section 7840, the magistrate before whom the defendant is taken shall require him to execute and give an unde in a sum not less than five hundred and not exceeding one thousand dollars, with sufficient sureties, payable to the state of North Dakota and conditioned that he will appear at the next term of the district court of such county and from term to term until the final disposition of the proceeding to answer the com-

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