Page:Revised Codes of the State of North Dakota 1895.pdf/1420

§§ 7843-7850 plaint and abide the judgment and orders of the court therein; if the defendant fails to execute and give such undertaking the magistrate shall make an order committing him as in criminal actions.

§ 7843. How warrant returned. Undertaking. The warrant when executed together with any undertaking given by the defendant shall be returned by the officer making the arrest to the magistrate who issued the warrant, or his successor in office and the magistrate shall transmit any undertaking given by the defendant to gether with a transcript of his proceedings and all other papers in the case, without delay, to the clerk of the district court of the proper county.

§ 7844. Undertaking after commitment. Any person imprisoned for failure to give such undertaking may be discharged by giving the same with sufficient sureties at any time after his commitment; such undertaking may be taken and approved by the magistrate before whom such proceeding was had or by the judge of the district court before whom the same is pending,

§ 7846. Proceedings for trial. The trial of such proceeding shall, except as herein otherwise provided, be governed by the law regulating civil actions. The clerk shall place such proceeding upan the calendar for trial at the first term of the district court after the papers therein are received by him. No notice of trial and note of issue need be served or filed.

§ 7846. Answer. Trial. By court. By jury. If the defendant answers, denying the charge, the issue shall be tried by the court, unless a jury is demanded by either party, in which case the issue shall be tried by a jury.

§ 7847. Defendant adjudged father. Judgment. If the court or jury finds that the defendant is the father of such child, or if the defendant fails to answer the charge, he shall be adjudged the father of such child and the court shall render such judgment as may seem necessary to secure, with the assistance of the mother, the main tenance and education of such child, until such time as the child is likely to be able to support itself, which judgment shall be docketed by the clerk as judgments in civil actions. Such judgment shall direct the person to whom and the times at which any parts of the same shall be paid and shall also require the defendant to secure the payment thereof by an undertaking executed by him with sufficient sureties and in default thereof the defendant shall be committed to jail until discharged according to law. The court may at any time upon the motion of either party, upon ten days' notice to the other party racate or modify such judgment as justice may require.

§ 7848. Imprisoned ninety days. Discharge. Any person who shall have been so imprisoned ninety days may apply for his discharge from imprisonment in the manner provided in the code of civil procedure for the discharge from imprisonment of persons confined in jail upon executions against the person.

§ 7849. Execution may issue. Exemptions. Executions may issue on such judgment whenever any amount is due on the same and shall be executed as an execution on a judgment in a civil action, and no property, except absolute exemption shall be exempt from such execution.

§ 7850. Woman failing to prosecute. County commissioners. If any woman mentioned in section 7839 fails to prosecute the father of her child and such child is likely to become a public

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