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admitted as a witness, in case she has been duly convicted of any crime, which would by law disqualify her from being a witness in another case.
Sec. 5. In case the issue be found against the defendant, or reputed father, or whenever he shall, in open court, have confessed the truth of the accusation against him, he shall be condemned by the judgment of the said court, to pay such sum of money, not exceeding fifty dollars, yearly, for seven years, as in the discretion of the said court may seem just and necessary for the support, maintenance, and education of such child; and shall, moreover, be adjudged to pay all the costs of the prosecution, for which execution shall issue as in other cases of costs. The said defendant, or reputed father, shall give bond and security for the due and faithful payment of such sum of money, as shall be ordered to be paid by the said court, to be paid by him for the period aforesaid; which shall be made payable quarteryearly to the judge of the court of probate, and his successor in oflice, for the county in which the prosecution aforesaid was commenced; and the same, when received, shall be laid out and appropriated, from time to time, by the said judge, under his order and direction, for the purposes aforesaid ; in case the defendant or reputed father shall refuse or neglect to give such security as may be ordered by the court, he shall be committed to the jail of the county, there to remain until he shall comply with such order, or until otherwise discharged by due course of law: Providleil, always, That the said reputed father, after giving bond with approved security, to the court of probate in said county, conditioned for the suitable maintenance of any such child, for the term aforesaid, shall be permitted to take charge and have the control of his said child at any time after said child shall arrive at the age
of three years ;, and from the time of the said father taking charge of such child, or should the mother refuse to surrender the said child, when so demanded by the said father, then and from thenceforth the said father shall be released and discharged from the payment of all such sum or sums of money as may thereafier become due against the said father, for the support, maintenance and education of any such child. If the said child should never be born alive, or being born alive, should die at any time, and the fact shall be suggested upon the record of the said court, then the bond aforesaid shall from thenceforth be void. But when a guardian shall be appointed for such bastard, the money arising from such bond shall be paid over to such guardian.
Sec. 6. If upon the trial of the issue aforesaid, the jury shall find that the child is not the child of the defendant, or pretended father, then the judgment of the court shall be that he be discharged. The woman making the complaint shall pay the costs of the prosecution, and judgment shall be entered therefor, and execution may thereupon issue.
Sec. 7. If the mother of any bastard child, and the reputed father, shall at any time after its birth, intermarry, the said child shall, in all respects, be deemed and held legitimate, and the bond aforesaid be void.
Sec. 8. No prosecution under this chapter shall be brought after two years from the birth of the bastard child: Provided, The time any person accused shall be absent from the State, shall not be computed.
APPROVED: March 3, 1845.
BIRTIIS AND DEATIS.
and deaths in a book.
birth of child.
time; contents of attilavit; if inquest be held
he shall make report.
of entry of birth; of death.
quest, give certificate; which shall be prima
facie evidence. 0. Fees of clerk in such cases. 7. Persons swearing falsely to be deemed guilty of
perjury, and punished accordingly.
Section 1. It shall be the duty of the clerk of the county commissioners' court, in each county of this State, to provide himself with a well bound book, wherein he shall record the births and deaths of all persons coming to his knowledge, in the manner hereinafter provided. Sec. 2. The father of a child or children, or mother of any
child or children, in case the father be dead, out of the State or otherwise prevented, or in case of an illegitimate child or children, may appear before the clerk of the county commissioners' court of his or her respective county, and make an affidavit in writing before such clerk, setting forth the birth or births of his or her child or children, stating therein the day and year when, and the justice's precinct wherein such birth or births happened, and the christian and surname of' said child or children. In case such father or mother fail or neglect to make an affidavit as aforesaid within sixty days after such birth or births, any householder may make the same concerning every birth happening in his house.
Sec. 3. The eldest person next of kin may make aslidavit before the clerk aforesaid, of his or her respective county, of the death of his or her kindred, and in case the next of kin neglects to make such an affidavit for the space of twenty days, the administrator or executor of such deceased person may make such affidavit as aforesaid ; and any householder may
make the like affidavit before said clerk concerning any death happening in his house. Affidavits made under the provisions of this section shall state the name and the age of the person deceased, according to the best of his or her knowledge and belief, and shall also state the justice's precinct where such death happened. If any person shall come to his death, and a coroner's inquest be held over his or her body, or if any person die while confined in any penitentiary, jail, workhouse, poorhouse, or hospital within this State, the respective wardens, jailers, or keepers of such workhouses, poorhouses or hospitals, shall make out a certificate containing substantially the same statements concerning the name, age, death and place of death, required in the affidavit last aforesaid, and within ten days after such death happened, file the same with the county commissioners' clerk of the proper county.
Sec. 4. The said county commissioners' clerk shall carefully file and number such affidavits and certificates in the order they are presented, which shall be parts of the records of his office, and said clerk shall make an abstract of the material
facts set forth in said affidavit or certificate and enter the same in the said record of births and deaths; which abstract shall be in substance as follows:
Entry concerning the birth of a person. On the day of A. D. , A. B. (being the father or mother; or a householder as the case may be) made proof of the birth of C. D., which took place on the
, A. D, , in precinct, county of ; see affidavit on file, No.
Entry of death.
county (being the eldest person next of kin, or a householder in whose house the death happened, executor or administrator of deceased, coroner or keeper of a jail, poorhouse, workhouse or hospital, as the case may be) made proof of the death of C. D. aged 3 years, which took place the
A. D. in precinct, county ; see affidavit (or certificate) on file No.
Sec. 5. The clerk shall keep a correct alphabetical index to said record, showing the christian names and surnaines of the persons concerning whom entries have been made; said index distinguishing between cases of births and deaths, and shall upon request of any person, make out a certificate of said entry, under his hand and the seal of the county commissioners' court; and such certificate shall be received as prima facie evidence of the facts stated therein in all courts of law and equity in this State.
Sec. 6. For every affidavit taken under this chapter, the said clerk shall be entitled to a fee of twelve and a half cents; for making the entry and filing certificates, to a fee of twelve and a half cents; and for making out a certificate under seal as aforesaid, to a fee of listy cents : Provided, He shall not be entitled to
any fee in case where one of the above enumerated officers files a certificate of the death of any person under his charge.
Sec. 7. Any person having sworn or made affirmation to any of the affidavits above mentioned, who shall swear or aflirm wilfully, corruptly and falsely, in a material point therein set forth, or shall suborn any other person to swear or affirm as aforesaid, shall be deemed guilty of perjury or subornation of perjury, and shall be, upon conviction thereof, punished accordingly.
APPROVED: March 3, 1815.
same by suficient enclosure.
collecteil, and applied; damages may be recorered.
Section 1. No person or persons shall hereafter be permitted to plant and cultivate castor beans, without securing the same with as good and sufficient a fence
or fences as is generally put up, and used, for the protection of grain crops in the neighborhood.
SEC. 2. All persons violating this chapter shall be fined in the sum of twentyfive dollars, to be sued for and recovered, by any person, before any justice of the peace, within the proper county, in an action of debt; the one-half whereof shall go to the person so sueing, the other half into the treasury of the county where such penalty is recovered. Nothing herein contained shall in any wise prejudice the owner or owners of animals which may be injured by the negligence of any of the persons aforesaid, from recovering adequate damages for such injury.
APPROVED: March 3, 1845.
1. Census taken every five years.
missioner of county to which it is attached. 4. Commissioner to take oath of office ; form of
oath. 5. When commissioner shall commence taking
census; what facts he shall ascertain and set
transmit returns to secretary of State, and to
to give this law in charge to grand juries.
&c. 10. Heads of families and others to render account;
penalty for refusing. 11. Compensation of commissioners; how paid. 12. Secretary of State thall receive and file returns,
and report same to Speaker of House at next session; adjutant general report number of militia to the Secretary at War of the United States.
Section 1. An enumeration of the inhabitants of this State shall be taken on the first day of July, one thousand eight hundred and forty-five, and at the end of every five years thereafter.
Sec. 2. The enumeration shall be taken by commissioners, to be appointed by the county commissioners' courts of the respective counties.
Sec. 3. The enumeration of the inhabitants of any unorganized county shall be taken by the commissioner of the county to which such unorganized county is attached; the table of enumerations in such counties to be kept distinct from each other.
Sec. 4. Before entering upon their duties, each of such commissioners shall file in the office of the county commissioners' clerk of his county, in substance the following oath: “I, A. B., do solemnly swear, that I will make a just and perfect enumeration and description of all persons resident within the county of C., (and the county of D., thereto attached, when such is the fact,) and perform all other duties required of me by law, according to the best of my knowledge and abilities.”
Sec. 5. Each commissioner shall commence taking such enumeration on the first day of July in each year in which such enumeration is required to be taken, and shall ascertain and set down in a book to be kept for that purpose, in a convenient tabular
form, the following facts: The number each, of white males and females of ten years
and under ; over ten and not over twenty; over twenty and not over thirty; over thirty and not over forty ; over forty and not over fifty; over fifty and not over sixty; over sixty and not over seventy; over seventy and not over eighty; over eighty and not over ninety; over ninety and not over one hundred; over one hundred: Also, the number of white male persons between the ages of eighteen and forty-five years, subject to military duty: Also, each, of free male and female persons of color, of all ages ; of indentured or registered servants and their children; of French negroes and mulattoes held in bondage: Also, the number of manufactories of every kind, and the annual product of each kind; the number and annual product of coal mines; the value of live stock; value of grains produced ; value of all other agricultural products; the number of pounds of wool; number of mills and distilleries; the number of universities or colleges; academies and granmar schools, and common schools, with the number of pupils in each.
Sec. 6. The said enumeration shall be made by an actual inquiry at each dwelling house, or from the head of each family, when the same can be conveniently done, or otherwise from the best information that can be obtained, where there shall be no fixed place of residence, or the head of such family, or other person to be included in such enumeration, shall be absent from the county or State.
Sec. 7. Each of said commissioners shall, on or before the first day of October, of each
year in which the enumeration is required to be taken, transmit to the secretary of State, and to the commissioners' court of his county, his return, by him duly certified as correct, full and true, so far as he has been able to ascertain. He shall also transmit to the adjutant general of the State a certified statement of the number of persons subject to military duty. Such commissioner in his report shall at the foot of each column, list or class, give the total number or amount, and shall give the aggregate number of all the inhabitants of the State.
Sec. 8. Each commissioner failing or neglecting to make proper returns, as aforesaid, or making a false return of the enuineration to the clerk of the county commissioners' court of the county, to the secretary of State, and adjutant general, within the time limited by this chapter, shall forfeit the sum of three hundred dollars, recoverable in the circuit court of the county where such offence shall have been committed, by action of debt, information or indictment; the one-half thereof to the use of the informer, and the other half to the county. And for the more effectual discovery of said offences, the judges of the several circuit courts, in this State, at their next term to be held after the expiration of the time allowed for making the returns of the enumeration hereby directed, shall give this chapter in charge to the grand juries of their respective counties, and shall cause the returns of the commissioner to be laid before them, for their inspection.
Sec. 9. Each person, whose usual place of abode shall be in any family, on the said first Monday in July, in the year of our Lord, one thousand eight hundred and forty-five, and on the first Monday in July, every fifth year thereafter, shall be returned with the members of such family; and the name of every person who shall be an inhabitant of any county, or the attached part thereof, without any fixed place of residence, shall be inserted in the county in which he or she, shall be on the said first Monday in July; and every resident person who shall be absent from the county or State, at the time of taking any such enumeration, shall be set down as belonging to the place where he or she, usually resides in this State.
Sec. 10. Each free person, over the age of sixteen years, whether heads of families or not, belonging to any family within any county, made or established in