30 LAWS OF MARYLAND.—1715.
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So much of the 26th and 27th sections as relates to the issue of the inor-
dinate copulations mentioned in them, and in the 25th section, was repealed
by 1790, ch. 9, (which is since repealed,) and also by 1706, ch. 67, in both
which acts the rights of any persona to such issue before acquired wag
saved. So much of the 2d and 3d sections of the act of 1728, ch. 4, as
relates to the issue therein mentioned, were repealed by the same acts, and
with the same saving. |
Servants
having bas-
tards to
satisfy
damages. |
SEC. 38. And be it further enacted, by the authority aforesaid,
That any servant woman having a bastard child, and not able
sufficiently to prove the party charged to be the begetter of such
child, in every such case the mother of such child shall be
liable to satisfy the damage so sustained, by servitude or other-
wise, as the court before whom such matter is brought shall see
convenient. |
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Proviso. |
SEC. 29. Provided, That where the mother of any such child
as aforesaid do prove her charge, by sufficient testimony of
witness, confession of the party charged, or pregnant circum-
stances, agreeing with her declaration in her extremity of her
pains or throes of travail, and her oath taken by some magis-
trate before the time of her delivery of every such bastard child,
or after her delivery, then the party charged, if a servant, shall
satisfy half the said damage, if a free man, shall satisfy the
whole damage by servitude or otherwise, as the court before
whom such matter is brought as aforesaid, shall think fit; but
if the said free man cannot be brought to justice, then, and in
every such case she shall make the same satisfaction as if she
could not prove the begetter as aforesaid; and if any such
mother as aforesaid be able to prove, by such testimony, or
confession of the party charged, that he, being a single person
and a free man, did, before the begetting of such child, promise
her marriage, that then he shall be at his choice, either to per-
form his promise to her, or recompense her abuse according as
the court before whom such matter is brought shall adjudge.
See 1781, ch. 13, and the supplements thereto. |
Court may
determine
complaints,
&c. |
SEC. 30. And be it further enacted, by the authority, advice
and consent aforesaid. That after the end of this session of
assembly, it shall and may be lawful for the provincial and
county courts of this province to hear and determine any com-
plaints between masters and servants, by way of petition, to
give judgment and award execution upon the same ; and that,
upon appeal or writ of error brought upon the same from any
county court of this province to the provincial court, or from
the provincial court to the governor and council, no such judg-
ment shall be reversed for want of judicial process, or that the
same was not tried by a jury, or any matter of form either in
the entry or giving judgment; provided that it appears by the
record that the defendant wag legally summoned, and not con-
demned unheard. |
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