answer to an indictment found; and such authority may be exercised in vacation, or in term time, at the discretion of the court.1 All the provisions mentioned in this division apply as well to idiots, persons non compos, and persons lunatic or distracted, as to insane persons.2 IX. PROCEEDINGS ON COMPLAINTS FOR BASTARDY. When any woman, being pregnant with a child which, if born alive, may be a bastard, or who has been delivered of a bastard child, shall accuse any man of being the father thereof, before any justice of the ⚫peace, and request a prosecution against the person accused, such justice shall take her examination, on oath, respecting the person accused and the time and place, as correctly as either can be described, when and where the child was begotten, and all such other circumstances, as he may deem useful in the discovery of the truth." Such justice may issue his warrant for the apprehension of such person, directed to the sheriff of any county, in which the person accused is supposed to reside, accompanied by such accusation and examination.* When such person is brought before such justice, or any other justice, he may require him to give bond, with sufficient sureties, in such reasonable sum as he shall order, to the complainant, conditioned for his appearance at the next district court to be held in the county in which the complainant resides, and for abiding the order of court thereon.❜ If the person accused refuse or neglect to give such bond, the justice is required to commit him to the jail of the county of such justice, until bond is given." The complaint, it will be observed, may be made to any justice of any county, but the trial in the district court is to be had in the county where the complainant resides. It was not necessary under the statute of eighteen hundred and twenty one, in which the language of the Revised Statutes is substantially employed, that the complainant should allege, in her complaint before the magistrate, that the accused she putative father during her travail.1 If the complainant be under the age of twenty one years, she need not act by guardian.2 If the mother marry before prosecution, the husband should join in the complaint." The statute of limitations is no bar to a prosecution under the bastardy act.* The form of complaint may be as follows, though it is not necessary that the accusation and examination be separate instruments :" "To any justice of the peace for the county of C. Complains A. B. of, &c., and shows that she has been delivered of a bastard child, [or is pregnant with a child, which, if born alive, may be a bastard,] and desires to institute a prosecution against C. D. whom she accuses of being the father of said child." To this follows the examination to be annexed to the complaint, as follows: "The voluntary examination and accusation of A. B. &c., taken on oath before me, E. F. a justice, &c., who saith that she has been delivered, &c. [or is pregnant, &c.] and accuses C. D. of, &c. of being the father of said child, and that he did beget her with child in P., in the county of C., on or about the day of at, &c. to wit: [here insert such circumstances as the justice shall think necessary for the discovery of the truth of the accusation] and prays that a warrant may issue against the said C. D., and that he may be held to answer this accusation, and further dealt with thereon according to law. Taken, signed and sworn to this day of A. B. A. D. 185 Before me, E. F. just. peace." Form of a warrant, which may be directed to the sheriff of any county in which the person accused is supposed to reside: [L. S.] To the sheriff of the county of Whereas A. B. of, &c. by her accusation and examination hath 16 Green. 460. 218 Maine, 372. 16 Maine, 38. 4Ib. 518 Maine, 304. R. S. ch. 131, sec. 2, declared," &c. [setting forth the accusation]" and hath prayed process against the said C. D. to You are hereby required forthwith to apprehend the said C. D. [if in your precinct] and to bring him before E. F. Esq., a justice, appear and answer to the said accusation, and to do such other matters and things as he may be by law required. Given under my hand and seal," &c. If the justice shall order the party accused to find sureties, the bond may be of the form following: "Know all men by these presents, that we, C. D. of, &c. as principal, and G. H. and J. S. of, &c. as sureties, are indebted to A. B. of, &c. in the just sum of to the payment of which we hereby bind ourselves, our executors and administrators. Witness our hands and seals. Dated, &c. The condition of this obligation is such, that whereas the said A. B. hath, on her examination taken before E. F. Esq. a justice, &c. on the day, &c. accused the said C. D. of being the father of a bastard child of which she hath been delivered [or "of a child of which she is pregnant and which if born alive," &c.] "and the said justice hath issued a warrant against the said C. D. to answer to said accusation, and the said C. D. hath appeared and answered to the same, and the said justice hath required him, the said C. D., to give bond with sufficient sureties to appear and answer to said complaint at the next district court, to be holden, &c. and to abide the order of court thereon: Now if said C. D. shall appear and answer to said complaint at said term of court, and shall abide the order of court thereon, then this obligation shall be void: otherwise," &c. Form of the mittimus for commitment: Cumberland, ss. 66 [L. S.] To the keeper of the jail in said county. Whereas A. B. of, hath, on her examination taken, &c. accused C. D. of, of being the father, &c., and a warrant hath been issued by me against the said C. D. to answer to the said accusation, and the said C. D. hath appeared and answered to the same, and hath been required to give bond with sufficient sureties, &c. and hath not yet given such bond: You are hereby required to receive said C. D. into your custody in said jail, and him there safely to keep until he shall give such bond, or be otherwise discharged by due order of law. Given under my hand and seal," &c. The accusation and examination must accompany the warrant.' The law attaches to the committing or omission of many acts, not in themselves morally wrong, a forfeiture, for the public good. These offences, where the remedy to be applied is the action of debt, and the forfeiture does not exceed twenty dollars, come properly within the civil jurisdiction of justices of the peace.2 The various acts which are the subject of forfeitures must be sought in the statutes of the State. The limits of this book will not permit their enumeration here. Generally, the remedy in each particular case is pointed out by the statute creating the offence, whether by action of debt, complaint, or indictment; and also the person or body, in whose name the proceedings are to be had, as well as the person, &c., to whose use the amount recovered is to be applied. All penalties may be recovered by action of debt where no other form of action or proceeding is prescribed in the statute, inposing such penalties." All fines and forfeitures, imposed as a punishment for any offence, or for a violation or neglect of any duty imposed by statute, where no other appropriation thereof is expressly made by law, shall accrue to the State; and all such given or limited by law, in whole or part to the use of the State, may be recovered by indictment in the district court, when no other mode is expressly provided.* Another general rule in these cases is, that the action can be brought in the name of no person or corporation, unless such person or corporation is by some statute provision expressly or by implication authorized to sue for the same." It seems, that where a penalty is given wholly to one or more per 1R.S. ch. 131, sec. 2. 2R S. ch. 116, sec. 1. R. S. ch. 115, sec. 21. 4R. S. ch. 162, secs. 13, 14. 31 Met. 232; sons, such person or persons will be considered to be, by implication, authorized to sue for it in his or their own name.' When any forfeiture is recoverable in any civil action, the same must be brought in the county in which the offence was committed, unless a different provision is made in the statute imposing the same; and if on trial, it does not appear, that it was committed in the county where the action is brought, the verdict is to be for the defendant." 11 Met. 334 1R. S. ch. 114, sec. 14. |