Page:Revised Codes of the State of North Dakota 1895.pdf/1421

Bastardy Proceedings. charge, any member of the board of county commissioners of the county where she resides may apply to a justice of the peace or police magistrate of such county. who shall thereupon examine her under oath as to who is the father of such child, the time when and place where such child was begotten and as to such other circumstances as are deemed necessary; the magistrate shall thereupon issue a warrant for the arrest of the person charged with being the father of the child and the same proceedings shall be had thereon and with like effect as in cases of complaint made by the woman.

§ 7851. Prosecution limited. No proceedings under this chapter shall be instituted unless commenced within one year after the birth of such child, but no time during which the defendant is not an inhabitant of or usually residing within this state is a part of the time limited for the commencement of such proceeding.

§ 7852. Other provisions applicable. The provisions of articles 8 and 9 of chapter 10 of the code of civil procedure relating to exceptions and new trials, and the provisions of chapter 14 of such code relating to appeals are applicable to proceedings under this chapter.

§ 7853. State's attorneys must prosecute. The several state's attorneys within their respective counties shall prosecute all proceedings under this chapter.

§ 7854. Action on undertaking. If the defendant fails to appear in accordance with the terms of the undertaking provided for in section 7842 the state's attorney of the county shall commence an action thereon in the name of the state for the recovery of the full amount specified in such undertaking, which amount is declared to be liquidated damages. The judgment in such action shall direct the payment of such money as provided in section 7817, so far as the same is applicable and the court may also direct the clerk to issue a bench warrant for the arrest of the defendant and the provisions of sections 8066 and 8067 of this code, so far as the same are applicable, shall govern the proceedings under such warrant.

§ 7855. Proceedings on undertaking. If at any time after having given the undertaking provided for in section 7847, the defendant shall be in default in the payment of any sum provided for in the judgment, the court may upon motion of the state's attorney, upon ten days' notice to the defendant and his sureties enter up judgment on such undertaking and award execution for the amount of money due upon such judgment at the time such motion is heard.

§ 7856. Deposit instead of undertaking. The defendant instead of giving any undertaking required under the provisions of this chapter may deposit with the clerk of the district court of the county in which such proceeding is commenced, a sum of money equal to the amount for which such undertaking is required to be given. Such deposit shall be held to answer the event of such proceeding to the same extent and upon the same conditions as the undertaking in lieu of which such deposit is made.

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