judicial court, unless upon the written allegation of the claimant, the magistrate shall find by examination that the brief statement of the defendant is frivolous and intended for delay. If the proceedings are stayed and the case transferred, the defendant will recognize as provided in § 6, as follows:

7. Recognizance of defendant, when title is claimed.

Be it remembered, that on the day of , A. D., personally appeared before me, J. S. H., esquire, a trial justice in and for the county of, D. F., of, as principal, and C. D. and E. F., of —, as sureties, all in said county, and severally acknowledged themselves to be indebted to P. L., of, &c., in the sum of- dollars, to be levied of their respective goods, chattels, lands, or tenements, and in want thereof upon their bodies, to the use of said P. L., if default be made in the following condition:

The condition of this recognizance is such, that whereas the said P. L. has brought before me, the said justice, his action or plea of forcible entry and detainer against the said D. F., wherein he alleges [here insert the declaration], to which the said D. F. has pleaded that he is not guilty, and filed a brief statement therein, claiming title of the premises described in the action aforesaid to be in himself [or in one H. T., under whom the said D. F. claims said premises as tenant]. (Now, therefore, if the said D. F. shall pay all intervening damages and costs, and the rent of said premises, at the rate of dollars per -, then this recognizance shall be void); otherwise shall remain in full force. J. S. H., Trial Justice.

Attest,

8. Recognizance of the claimant, when title is claimed by the defendant.

Same as No. 7, making necessary change of names to ⚫ the clause in parentheses, for which substitute the following:

"Now, therefore, if the said P. L. shall enter his said suit at the next term of the supreme judicial court, to be holden at ——, in and for the county of, on the day of —, A. D. —, and pay all costs adjudged against him in said action, then this recognizance, &c."

Attest,

J. S. H., Trial Justice.

In case of appeal the recognizances can be readily made from the foregoing, taking care to insert the proper conditions in each case, and the recital of the judgment and appeal therefrom.

If the claimant appeals, the condition of his recognizance is samé as before in No. 8.

If the defendant appeals, the condition of his recognizance is "to enter said suit at the next supreme judicial

--

court, to be holden at —, in the county of on the day of, A. D., and pay all intervening costs (and the rent of said premises at the rate of dollars per ); if the judgment is not reversed, this recognizance shall be void," &c.

If, in case of appeal on the part of the defendant, the claimant recognize in a reasonable sum to the defendant, with sufficient sureties, conditioned "to pay all such damages and costs as may be awarded against him, if final judgment is rendered for the defendant," a writ of possession will issue, and then the clause within the parentheses in the condition of the defendant's recognizance may be omitted.1

The entry on the justice's docket may be:

The entry of judgment similar to that in other cases, except when for claimant, when it may be as follows:

No. 5. It is therefore considered by me, the said justice, that the said P. L. recover against the said D. F. [here insert a description of the premises], and costs taxed at $—.

9. Writ of possession for plaintiff.

STATE OF MAINE.

[Name of county], ss.

To the sheriff of our said county of —, or either of his deputies, or either of the constables in either of the towns in said county. GREETING. [L. S. Whereas, P. L., of in the county of -, [addition] on the day of A. D. at in said county of by the consideration of me, J. S. H., esquire, a trial justice in and for the county of, recovered judgment for the possession of and in certain lands and tenements situated in , in said county, to wit [here describe premises as in the writ], against D. F. of in the county of ―, [addition] who had unjustly withheld, put

Merrill v. Hinckley, 49 Me. 40.

out, or removed the said P. L. from possession thereof; and also then and there, before me, the said justice, recovered judgment for dollars and cents for costs the said P. L. sustained by reason of the same, as to me appears of record.

You are therefore commanded, without delay to cause the said P. L. to have possession of and in the said premises.

You are also commanded, of the goods or chattels of the said D. F., within your precinct, at the value thereof in money, you cause to the said P. L. to be paid and satisfied the aforesaid sum of dollars and cents, which to the said P. L. was adjudged for, with cents more for this writ, and thereof also to satisfy yourself for your own fees. And for want of money, goods, or chattels of the said D. F., to be by him shown unto you, or found within your precinct, to the acceptance of the said P. L., to satisfy the aforesaid sum, you are commanded to take the body of the said D. F. and him commit to our jail in - in said county of, and the keeper thereof is commanded accordingly to receive the said D. F. into our said jail, and him safely therein detain until he pay the full sum above mentioned, with your. fees; or that he be discharged by said P. L., or otherwise, by order of law.

Hereof fail not, and make due return of this writ, with your doings thereon, unto me, the said justice, within three months next coming.

Witness J. S. H., esquire, at, in said county of -, in the year of our Lord one thousand eight hundred and seventy-. J. S. H., Trial Justice.

10. Officer's return. [Name of county], ss., [date]. By virtue of this writ, on the day of, A. D. I caused the within-named P. L. to have full possession of and in the premises, with their appurtenances within described. And for the purpose of satisfying the costs mentioned in this writ, on the day of, A. D. —, I took, as the property of the within-named D. F., one horse [then same as No. 6, p. 204, from *].

CHAPTER XXIII.

BASTARD CHILDREN AND THEIR MAINTENANCE.

1. When a woman, pregnant with a child that if born alive may be à bastard, or who has been delivered of a bastard child, accuses any man of being the father thereof, before any justice of the peace, and requests a prosecution against him, he shall take her accusation and examination

on oath, respecting the accused, and the time and place when and where the child was begotten, as correctly as they can be described, and all such other circumstances as he deems useful in the discovery of the truth.1

(a) The complaint need not allege that the complainant accused the putative father during her travail.2

(b) Where it alleges that the child was begotten on or about a certain day in April, it will be held to refer to the April next preceding.2

(c) The accusation and complaint may be made after the birth of the child.3

(d) The complaint and examination need not be separate instruments.*

(e) If the complainant be under twenty-one years of age, she need not act by guardian or prochein ami; nor can her guardian control or dismiss the proceedings.5

(f) The security taken to compel the alleged father's appearance at the court should be a bond, and not a recognizance.

(g) If the mother marry before prosecution, and one be afterwards instituted, the husband should join in the complaint.7

(h) It is not necessary that the complaint should allege the precise time when the child was begotten; but if charged as having been done between the first and fifteenth of a specific month, it is sufficient.

2. He may issue his warrant for the apprehension of such person, directed to the sheriff of any county, or either of his deputies, in which the accused is supposed to reside, accompanied by such accusation and examination.'

3. When the person is brought before such or any other justice, he may require him to give bond to the complainant, with sufficient sureties, in such reasonable sum as he orders, "conditioned for his appearance at the next supreme judicial court for the county in which she resides, and for his abiding the order of court thereon; and if he does not give it, he shall commit him to jail until he does.10

(i) Prosecutions under this statute are not local; but they may be instituted in the county where the mother resides, notwithstanding the child was begotten and born in another county.11

1 R. S. c. 97, § 1.-2 Tillson v. Bowley, 8 Me. 163. Kenniston v. Rowe, 16 Me. 38.- Woodward v. Shaw, 18 Me. 301.-5 Low v. Mitchell, 18 Me. 372.-Mariner v. Dyer, 2 Me. 165.- Kenniston v. Rowe, supra.- Bea's v. Furbish, 39 Me. 469.-R. S. c. 97, § 2, and Public Laws of 1873, c. 106.-10 R. S. c. 97, 3.-11 Dennett v. Kneeland, 6 Me. 460.

(j) The bond is not essential to give jurisdiction to the court, if the defendant appear in person or by attorney.12

(k) A breach of the bond prescribed in § 3, obliges the obligor to pay such money as the court shall order for the maintenance of the child, as well as to the giving of the new bond for the performance of such order.13

(1) And where after giving the bond prescribed in § 3, and the defendant was committed for failing to comply with the order of court, for the maintenance of the child and to furnish other security, and subsequently discharged by taking the poor debtor's oath, the sureties were not thereby discharged.1a

(m) A judgment of affiliation does not, in a suit upon the bond, preclude the defendant from questioning its validity.15

...

(n) On a warrant, issued April, 1867, ordering the arrest and return of the respondent before a trial justice "to find sureties for his appearance at the next term of the supreme judicial court to be holden on the third Tuesday of September, 1867," the respondent was arrested July, 1868, when he gave bond in due form for his appearance at the September term, 1868, at which term he seasonably filed a motion to quash the proceedings, Held, (1) That the delay beyond the first term in arresting the respondent, did not vitiate the complaint and warrant; (2) That the words on the third Tuesday of September. 1867," may be rejected as surplusage, and leave sufficient to authorize the subsequent proceedings; and (3) The fact that the arrest was not made until after the birth of the child did not vitiate the warrant issued before birth.16

4. If at such next or any subsequent court, the complainant is not delivered of her child, or is unable to attend court, or for other good reason, the cause may be continued; and the bond shall remain in force until final judgment, unless the sureties of the accused surrender him in court at any time before final judgment, which they may do, and thereupon they shall be discharged; and he shall be committed until a new bond is given.1

5. Before proceeding to trial, the complainant must file a declaration, stating that she has been delivered of a bastard child begotten by the accused, the time and place when and where it was begotten, with as much precision as the case will admit, that being put on the discovery of the truth during the time of her travail, she accused the respondent of being the father of the child, and that she has been constant in such accusation.18

12 Mariner v. Dyer, 2 Me. 165.-13 Taylor v. Hughes, 3 Me. 433.-14 Corson v Tuttle, 19 Me. 409.-15 Robinson v. Swett, 26 Me. 378.-16 Luce v. Burbank, 56 Me. 414.-17 R. S. c. 97, § 4.-18 R. S. c. 97, § 5.