ART. 12] BASTARDY AND FORNICATION. 315

ARTICLE XII.

BASTARDY AND FORNICATION.

1. Warrant by justice for mother of bastard. 2. Arrest of putative father. 3 Proceedings if resident of another county. 4. Constable to give information. 5 Right of appeal by alleged father. Security to be given by him. Proviso.

6. Clerk to record recognizance. 7. Recovery by mother upon bond of father. 8. Sci. fa. upon recognizance. 9. When court may make order to discharge the obligors in the recognizance.

1888, art. 12, sec. 1. 1860, art. 13, sec. 1. 1781, ch. 13, sec. 1. 1882, ch. 339.

1. Any justice of the peace, upon information given him of
any woman having an illegitimate child, may issue his warrant
to a constable of the county or city, and the said constable shall
thereupon take such person before some justice of the peace of
the county, who shall require her to give security to indemnify
the county from any charge that may accrue by means of such
child; and upon neglect or refusal, shall commit her to the
custody of the sheriff of the county, to be by him kept until
she shall give such security.

Ibid. sec. 2. 1860, art. 13, sec. 2 1781, ch. 13, sec. 1. 1894, ch. 108.

2. But if the said person shall on oath discover the father of
such child, the justice shall discharge her, and shall cause to
be arrested and brought before him such father, if a resident of
the county, and shall cause him to give security in the sum of
eighty dollars ($80) to indemnify the county from all charges
that may arise for the maintenance of such child; and upon
the failure of such putative father to enter into security, the
justice shall commit him to the custody of the sheriff of the
county for the period of twelve months.

Eccleston v. State, 7 G. & J. 316. Root v. State, 10 G. & J. 374. Mong v.
State, 10 G. & J 380. Oldham v. State, 5 Gill, 90. State v. Phelps, 9 Md.
21. Owens v. State, 10 Md. 164. Wagaman v. Byers, 17 Md. 187. Cushwa
v. State, 20 Md. 281. Baker v. State, 21 Md. 426. State v. Trimble, 33
Md. 468. Norwood v. State, 45 Md. 72. Robinson v. State, 68 Md. 618.
Lynn v. State, 84 Md. 80.