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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 457   View pdf image (33K)
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BASTARDY AND FORNICATION 457

recognizance shall be void, otherwise of full force and effect. If the Court
be satisfied by information and due proof under oath that the accused
has violated the terms of such order, it may forthwith proceed to impose
sentence under the original conviction of failure to give bond. In the case
of forfeiture of a recognizance and enforcement thereof by execution, the
sum recovered may, in the discretion of the Court, be paid, in whole or
in part, 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 the child
be a public charge.

An. Code, 1924, sec. 6. 1912, sec. 6. 1912, ch. 163.

10. The Court upon the trial of said person accused of being the father
of the said bastard child, may in its discretion pass an order directing the
mother thereof to give a bond in a penalty not exceeding $500 with good
and sufficient securities, to the State of Maryland, conditioned that she
will indemnify the county or city, as the case may be, from any charge that
may accrue for the maintenance and support of the said child until said
child reaches the age of twelve years, and upon neglect or refusal to give
such bond, the Court may commit her to jail or other institution for a term
riot exceeding one year, or until such bond is given, provided, however, that
the Court may suspend sentence and parole the said woman for the term
of two years.

Cited but not construed in State v. Trimble, 33 Md. 470.

See notes to secs. 2, 3 and 4.

An. Code, 1924, sec. 7. 1912, sec. 7. 1912, ch. 163. 1939, ch. 182, sec. 7.

11. For the purpose of recording all orders imposed by the Court
under the provisions of this Article, the Clerks of the Circuit Courts of the
Counties and the Criminal Court of the City of Baltimore shall keep
and maintain a Docket known as "Bastardy Information Docket", in which
shall be kept all records and orders pertaining to each individual complaint.

The father and his sureties may be required to pay not exceeding thirty dollars a
year for maintenance provided for the child, before the order as well as afterwards. The
recognizance must indemnify the county from all charges for the child's maintenance
from its birth until it is seven years old. Eccleston v. State, 7 G. & J. 316.

If the sum to be paid is fixed at thirty dollars, a receipt for a less sum, though pur-
porting to be full, will not operate as a release; contra, however, as to maintenance
prior to the time the order is passed. Barber v. State, 24 Md. 390.

This section does not change the character of bastardy proceeding. Oldham v. State,
5 Gill, 93; State v. Phelps, 9 Md. 28; Sheay v. State, 74 Md. 56.

This section applied. Huyett v. Slick, 43 Md 288; Eccleston v. State, 7 G. & J. 316.

Cited but not construed in Lynn v. State, 84 Md. 80.

See notes to secs. 1, 2, 3, 4 and 8.

An. Code, 1924, sec. 8. 1912, sec. 8. 1912, ch. 163.

12. The Court may from time to time, upon petition of any interested
party, change or modify its order directing the amount that the father shall
pay for the maintenance and support of said child, ten days' notice in
writing mailed to or left at the last known address of the opposite party
shall be sufficient service.

That neither the party maintaining the child, nor the child itself, has resided in the
state since the recognizance, does not affect the right to issue a sci. fa. Mong v State
10 G. & J. 383.

This section applied. Huyett v. Slick, 43 Md. 288.

An. Code, 1924, sec. 9. 1912, sec. 9. 1912, ch. 163.

13. The Circuit Court of the county or the Criminal Court of Baltimore
City, as the case may be, shall take such action and shall have authority


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 457   View pdf image (33K)
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