ART. 12] PURCHASE UPON RECOGNIZANCE. 261

case had, to a justice of the peace of the county in which such father
shall reside, and the justice to whom the same shall be sent shall forth-
with proceed against the father as by this article is directed.

As this section directs the justice to transmit a copy of the proceedings, the
original affidavit of the mother is not a compliance State v. Chaney, 93 Md.
71.

This section applied. Root v. State, 10 G. & 3. 376.

Cited but not construed in State v. Trimble, 33 Md. 470; State v. Phelps,
9 Md. 27.

1904, art. 12, sec. 4. 18SS, art. 12, sec. 4. 1860, art. 13, sec. 4. 1785, ch. 47, sec. 3.

4. Every constable, as often as he may have knowledge of any
woman having an illegitimate child within his district, shall give
information thereof to some justice of the peace of his county, who,
upon such information, shall proceed as hereinbefore directed.

Cited hut not construed in State v. Trimble, 33 Md. 470.
See notes to sec. 1.

Ibid. sec. 5. 1888. art. 12. sec. 5. 1860, art. 13, sec. 5. 1781, ch. 13. sec. 2.
1880, ch. 33. 1894, ch. 108.

5. But if any person charged with being the father of an illegiti-
mate child shall feel aggrieved by the judgment of the justice, he shall
have the right to enter into his personal recognizance for his appear-
ance at the next circuit court for the county, or the criminal court of
Baltimore, if in the city of Baltimore, and the said court shall take
cognizance thereof, and such proceedings shall be thereupon had as in
other criminal cases; and if the person so charged shall be found guilty
by the verdict of a jury, or by the court, if the case be tried before
the court, the court shall immediately order such person to give secur-
ity to indemnify the county from any charges that may occur for the
maintenance of said child; and if he shall neglect or refuse to give such
security he shall be committed to the custody of the sheriff until he
comply; provided, that such custody shall not continue longer than
twelve months, nor less than six months in the discretion of the court;
but such personal recognizance shall not entitle him to be discharged
from the custody of the sheriff, unless he shall enter into an addi-
tional recognizance, to be taken in the name of the State, with good
and sufficient sureties, to indemnify the county from all charges that
may arise from the maintenance of such child in case he shall fail to
make his appearance and abide by and perform such order as shall be
passed therein; and such last-named recognizance shall be liable to be
proceeded against as is provided in sections 7 and 8 of this article.

The validity of the bastardy law has never been questioned, notwithstand-
ing it does not provide for a jury trial. State v. Glenn. 54 Md. 604; Lvnn v.
State. 84 Md. 81.

This section set out and explained—if there ever was any question about
the constitutionality of the bastardy law. this section removes it. This section
is not open to the objection that it provides two different penalties for the
same offense. Sentence sustained. Lynn v. State. 84 Md. 80.

If the justice renders no judgment and requires no recognizance, the circuit
court has no jurisdiction, since it sits as an appellate, and not as an original
court. Cushwa v. State, 20 Md. 281.