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Bacon's Laws of Maryland
Volume 75, Page 501   View pdf image (33K)
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1749
34 and 35  CHARLES Lord BALTIMORE.
CHAP.
  XIII.




In case of a
Bastard, she
shall on such
Refusal give
Security for

its Maintainance;


if she make
a Discovery,
the Father
shall give Security.






Delinquents
unable to pay,
shall give Security,
or stand committed.












Application
of the Fines.




Recital of the
Act of 1715, 

ch. 27, §. 6.
such Person, n like Manner as in other Criminal Cases; and if he shall be
convict of such Offence, by Confession or Verdict, then he shall, by the said
County Court, be fined in the Sum of Thirty Shillings Current Money, for
the said Offence, together with all Charges of such Prosecution.

    II.  And be it further Enacted, by the Authority, Advice and Consent aforesaid,
That in case a Birth shall proceed from such Fornication, and such Woman
shall refuse or neglect to discover as aforesaid, then she shall, over and above
the Fines aforesaid, be ordered and adjudged by the County Court, to
give good Security to keep the Child so born, from becoming any Charge to
such County; or for want of such Security, he shall be and stand committed
to the Sheriff's Custody.  And in case such Discovery as aforesaid, shall be
made in Manner aforesaid, then the Person with who she committed such
Offence, shall, over and above the Fine aforesaid, be ordered and adjudged by
the County Court, to give good Security to keep the Child so born, from becoming
any Charge to such County; and for want of such Security, he shall
be and stand committed to the Sheriff's Custody, and such Woman shall go
thereof discharged.

    IIII.  And be it further Enacted, by the Authority, Advice and Consent aforesaid,
That if such Woman guilty of Fornication as aforesaid, will not discover
as aforesaid, and shall be unable, or unwilling, to pay her Fine and Charges
aforesaid, or if upon such Discovery as aforesaid, such Person shall be unwilling,
or unable, to pay his Fine and the Charges as aforesaid, then and in
every such case, such Man or Woman respectively, as the case shall happen,
shall be obliged to give good Security to the Right Honourable the Lord Proprietary,
for the Payment of such Fines and Charges by a certain Day, not
less than Twelve Months, from the Time of taking such Security; and for
Default of such Security, to be and stand committed to the Custody of the
Sheriff.

    IV.  And be it further Enacted, by the Authority, Advice and Consent aforesaid,
That every such Fine as aforesaid, shall be, and is hereby declared and 
directed to be applied towards the defraying the Public Charge of every such
County respectively.

    V.  And whereas by an Act, entitled, An Act for the punishing the Offences
of Adultery and Fornication,
it is Enacted, " That it shall and may be lawful
" for the Minister, Vestry, and Church-wardens of any Parish where
" there is a Minister, and for the Vestry and Church-wardens where there is
" no Minister, before any Admonition by them, or any of them give, in
" pursuance of the Directions aforementioned, to give Notice, or cause Notice
" to be given, to any Person or persons by them, or the major Part of
" them, suspected of Lewdness or Incontinency, and being or residing within
" their respective Parishes, to appear before them, or the major Part of them,
" at such Time and place as they, or the major Part of them, shall appoint,
" and on the Appearance of such Person or Persons to acquaint them of the
" Suspicion that is had of them, and to hear what reasonable Excuse such
" Persons shall offer, why they ought not to be proceeded against according to
" Law as Fornicators or Adulterers, as the case shall happen:  And in case
" the person or Persons having such Notice given them, shall not appear according
" to such Notice, on Affidavit of such Notice given, or appearing
" do not excuse or acquit themselves of the Grounds of such Suspicion, in
" such Manner as such Minister, Vestry and Church-wardens as aforesaid,
" shall approve, that then it shall and may be lawful fr such Minister, Vestry
" and Church-wardens, or the major Part of them as aforesaid, and they
" are hereby required to admonish such Person or Persons, according to the
" Directions aforementioned; which Admonition, together with Proof of the
" Cohabitation of the Parties so admonished, or their frequenting the Company



 
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Bacon's Laws of Maryland
Volume 75, Page 501   View pdf image (33K)
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