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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 455   View pdf image (33K)
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BASTARDY AND FORNICATION 455

1939, ch. 182, sec. 4B.

6. The State's Attorney may, for the purpose of facilitating the
handling of such cases, issue subpoenas and summonses requiring the per-
sonal attendance of any and all persons, other than the accused, to give
testimony in connection with such examination or inquiry, or requiring
the production of any and all documentary matter in connection with
such examination or inquiry. The State's Attorney may also administer
oaths and affirmations, examine witnesses and receive evidence. In case
of disobedience to a subpoena or summons, or the contumacy of a witness
appearing before him, the State's Attorney may invoke the aid of the
Circuit Court of the County or the Criminal Court of the City of Balti-
more, as the case may be; and the Court may thereupon issue an order
requiring the person to obey the subpoena or summons and to give testi-
mony and to produce any and all documentary matter deemed necessary
by said Court for such investigation or inquiry. In case any person, firm
or corporation fail or refuse to obey such an order of the Court after the
same has been served on the witness, such person, firm or corporation
shall be deemed in contempt of Court and shall be punished therefor, sub-
ject to the right to appeal as now provided or hereafter regulated.

1939, ch. 182, sec. 4C.

7. The person accused or about to be accused of bastardy by an in-
formation filed by a State's Attorney shall be notified by the State's At-
torney in writing of: (1) the time and place of hearing in the examination
or inquiry, (2) the right of such person to appear at such hearings and to
produce such evidence or information touching upon said investigation
as he may desire, and (3) the right of such person to testify in his own
behalf before the State's Attorney, provided be notifies the State's Attorney
of his desire to do so and signs a written waiver to the effect that any testi-
mony which he may give may be used against him in the event that he is
tried on any information or indictment that may be brought against him.

An. Code, 1924, sec. 5. 1912, sec. 5. 1912. ch. 163. 1920, ch. 564, sec. 5. 1924, ch. 442.
1927, ch. 458, sec. 5. 1939, ch. 182, sec. 5.

8. Whenever a person accused of bastardy, after proceedings before
a justice of the peace or a State's Attorney, shall consent thereto in writ-
ing, or whenever upon failure to give such consent such person shall be
found guilty, the Court shall issue an order directing such person:

(1) to pay for the maintenance and support of said child to the mother,
or to the person having said child in custody, or to the county or to the
City of Baltimore, as the case may be, if said child be a public charge, until
said child reaches the age of sixteen years, or during the life of such child
if it should die before reaching the age of sixteen years, such sum as may
be agreed upon, if consent proceedings be had, or in the absence of agree-
ment, such sum as the court may fix, with due regard to the circumstances
of the accused person. The Court, in its discretion, may also direct pay-
ment of the whole or part of the expenses incurred by the mother during
her confinement, and the reasonable funeral expenses of the child if it die
under the age of sixteen years, and

(2) to give bond to the State of Maryland in such penalty as the court
may fix, with good and sufficient securities, conditioned on making the
payments required by the Court's order, or any amendments thereof. Fail-
ure to give such bond shall be punished by commitment in the jail or the


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 455   View pdf image (33K)
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