State v. Trimble

Stewart, J., delivered the opinion of the Court. The State undertook in this case to convict the traverser, under the 13th Article of the Code, which provides for the prosecution of cases of bastardy. The several sections of this law provide a definite mode of procedure, and we find no provision allowing the mother of an illegitimate child, after she has refused to discover the father and has given the security to indemnify the county, the option at her convenience to discover the father and have proceedings against him in discharge of herself. In the cases of bastardy, provided for under this law, diligent proceedings should be instituted, and when the mother of the illegitimate child is brought before the justice, she should at once discover the father — otherwise, the effect of her refusal is to shelter him from the responsibility — and oblige her to give the required security to indemnify the county.

The second section gives the mother this privilege, and upon discovery of the father she is discharged, and process thereupon goes out without delay against him. Upon her refusal to discover the father, she is to be committed to the custody of the sheriff, until such security is given. By the third section where the father is a non-resident of the