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UDOC L 5.20:42 -U S. DEPARTMENT OF LABOR CHILDREN’S BUREAU JULIA C. LATH RO P. Chief ILLEGITIMACY LAWS OF THE UNITED STATES ANALYSIS AND INDEX By ERNST FREUND PROFESSOR OF JURISPRUDENCE AN D PUBLIC LAW UNIVERSITY OF CHICAGO LAW SCHOOL EXCERPT FROM LEGAL SERIES No. 2 Bureau Publication No. 42 WASHINGTON GOVERNMENT PRINTING OFFICE * https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 1919 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis CONTENTS . Letter of transmittal......................................................................................................... .. Page. 7 Comment on the illegitim acy laws of the U nited S tates.. . : ..................................... .. 9 -3 4 Illegitim acy in relation to marriage and birth.......................................................... 1 0-17 The child bo m out of wedlock, and the presumption of legitim acy___ Child born before the marriage of the parents.................................................. 10 12 Issue of void and voidable marriages.................................................................... 12-16 Legislation legitimating the issue of void or annulled m arriages... 13 Legislation declaring the issue of certain marriages illeg itim a te .. . The law of Louisiana............................... ........................................................... 14 14 Comment on this legislation........................................................................ 14 Divorce and illegitim acy........................................................ ...............; .................. Miscellaneous provisions regarding illegitimate children and relation ship................. ...................................................................... . .- ............ ........................ The illegitimate child and the mother............................................................ .. 16 17 1 7-21 R ight of inheritance........................ .......................... ........ ......................................... 1 9-20 A s regards inheritance from or through the child.................. A s regards inheritance from or through the mother.............................. Custody and guardianship............................... 19 19 20 The illegitimate child and the father......................... ..................................................2 1 -2 5 In general................................................................................................................................... 21 American legislation........ ........................................................................ . ................. 2 2-25 Legitim ation.......... .........................................................1................. .................... 22 R ights of inheritance.................................. Law of Louisiana.......................................... 23 24 Other provisions.............................................. 24 Legislation for the support of the illegitimate ch ild ............................................... 25-34 The character of the legislation............................................................................... English bastardy law ................... 25 27 American legislation.......... ................................................c ....................................... 28 The law of Florida, as a type of a brief support-enforcing act................... 30 The law of Illinois, as representing the more elaborate type of the sup port-enforcing law.............................. 34 The statute of California, as illustrating a general civil obligation......... 32 The law of Massachusetts, as the type of a penal statute............................ 32 The law of Iowa, as the type of a civil action prosecuted b y the S ta te .. 33 Comment on particular features.............................................................................. 3 4-52 The courts having jurisdiction.................................................................................. District of jurisdiction.................................................. A t what tim e the proceeding m ay be instituted...................................................... Statute of limitations..................................................................................... W ho m ay complain.......................................... Process and preliminary hearing........................................... . . _ . ................................. T ria l........................................................................................ I .......... ....................................... 3 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 34 35 35 35 36 38 39 4 CONTENDS. Comment on particular features— Continued. Page. E vid en ce....................................................................................... . . ......................- ............... 39 Judgment or order...... . . ...................................* .................................................................. 41 Enforcement of order................................................ ........................................................... 43 Compromise and settlement...................................................................................... ...... 45 Effect of death upon the proceedings............................. : ....................... ♦................. 45 T h e problem of the absconding defendant.................................. .............................. 46-52 Bastardy proceedings as criminal prosecutions......................................... .. 47 Absconding as the gist of the offense.................................................................... 48 Prosecution for abandonment and n o n su p p o rt............................................... 49 Civil proceedings against persons who can not be served within the S tate................................................................................ Civil proceedings in the jurisdiction where the defendant resides......... 50 51 Provision for both criminal and civil proceedings......................................... 52 Possible changes in the law in favor of the illegitimate child.................................... 5 2-58 The extent of the provision in favor of the ch ild ............... .T.................... ............ 52 Provisions for guardianship and permanent care.................... ................................ 54 Possible improvements relating to the status of the ch ild ................................... 55 Tabular analysis of American illegitimacy law s.................................- ...... faces page Reference index to illegitim acy laws of the United States............... . ' . ..................... 58 59-98 Prefatory n ote.......................... 61 Topical index of references............................................... ........ 1.....................................63-79 General and status legislation................................................... .'........... 63-75 A doption .............................................................................. 63 Apprenticeship........................................ ..................... - ...................................- 63 Births and deaths, concealment of, by mother................... ................... Births, registration o f . ........................................................................................ 64 65 Custody......................... Definitions............................................................................................................... 66 66 D ivorce........................................................................................ Guardianship of mother, consent to appointment of guardian, etc. 66 67 Incestuous marriages................................................................................. ^- . . 67 In h erita n ce ........ ................ Juvenile courts............ : .................................. ......................................... ........... 68 69 Legitim acy, presumption of, e tc...... ............................................................. Legitimation, methods of............... 69 70 Marriage and d ivo rce........................................ Maternity hospitals, lying-in homes, boarding homes for in fa n ts... 71 73 N am e.............................................................................................................- ........... Residence, settlement, dom icile...................................................... - .......... 73 74 W orkm en’s compensation law s.................................................. 74 |.......... Support legislation___ : .................................................................... ..................... 75-79 Illegitim acy proceedings............................................. 75 Care and support.......... ............................................. Mothers’ pensions............... Abandonment, desertion, nonsupport.............. ................................... 75 . Miscellaneous........ ......................................... 77 77 . 78-79 Laws specifically applying to illegitim ate ch ild re n . ................ 78 Laws apparently applying to illegitim ate children...................... 78 Reference index b y States............................................. 80 Codes, revisions, or compilations used.................. ..................................................... 97 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis LETTER OF TRANSMITTAL. U. S. D epartm ent of L abor, C h il d r e n ’s B u r e a u , Washington, May 22, 1919. Herewith I transmit the second report issued by the Chil dren’s Bureau on the subject of illegitimacy. The first was a trans lation and brief analysis of the Norwegian laws affecting children born out of wedlock. This second report contains the exact text of the illegitimacy legislation of the United States, France, Germany, and Switzerland, together with an analysis of the legislation of the United States prepared for the bureau by Ernst Freund, professor of jurisprudence and public law at the University of Chicago Law School. A tabular analysis and a reference index of the illegitimacy laws of the United States are also included in the report. The material of this report is issued in two forms— one containing Mr. Freund’s comment on illegitimacy legislation, the tabular analy sis, and the reference index, and the other containing, in addition, the text of the laws. That the child born out of wedlock should not be punished, but protected, is the guiding principle in modern work for the care of such children as are thrown upon the community for support. In the legislation which formulates the relation of the natural child to his parents and to the community, this principle is also beginning to appear. The need for improved legislation is evident, but legis lative changes might well follow careful study of the various angles from which improvement has been attempted in this country and abroad. Mr. Freund was assisted in the preparation of the tabular analysis by Mr. Roy Massena and Mr. Clay Judson. The reference index was prepared by Mr. Carl A. Heisterman of the Children’s Bureau. Miss Anna Kalet of the Children’s Bureau assisted Prof. Freund in the compilation and translation of the- text of foreign laws. Respectfully submitted. Sir : J u l ia Hon. W . B. W i l s o n ,. Secretary of Labor. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis C. L ath rop, Chief. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis ILLEGITIMACY LAWS OF THE UNITED STATES. ANALYSIS AND INDEX. COMMENT ON THE ILLEGITIMACY LAWS OF THE UNITED STATES. Statutes relating to illegitimacy must be read in connection w ith' the common law upon that subject. The common law as well as the interpretation of the statutes is found in the judicial decisions. The English decisions will be found collected in Halsbury’s Laws o f ; England, Vol. II, title, Bastardy; the American decisions in the Corpus Juris of the American Law Book Co., Vol. I ll, title, Bastards (written by Edward C. Ellsbree). : The common law of England, which is also the American common law, is more unfavorable to the illegitimate child than the civil law! of Rome, on which the continental legal systems are based, mainly in two respects: It does not recognize a legal relationship even be tween the mother and the child and it does not allow legitimation by subsequent marriage. The bastard is described as “ filius nullius,” and this designation characterizes his status from the point of view of the law of property. The natural relationship is, however, recog nized for the purpose of applying the law prohibiting marriage within the degrees defined by law (R. v. Brighton, 1 B. & S. 447, 1861), and the natural claims of the mother are given effect in de-. termining the right to the custody of the child (Queen v. Nash1 10 Q. B. 454, 1883), the intimation thrown out by an English judge in an earlier case (re Lloyd, 3 1 . & G. 547, 1841) that the mother, is not different from any stranger, being repudiated in the later decision. English legislation has done nothing to alter the civil status of the child, but has confined itself to what may be described as meas ures of police. The legislation of Queen Elizabeth (1576), in addi tion to certain correctional provisions (see Blackstone, Bk. IV, p. 65), introduced the system of compelling support by the father, which has remained the main feature of the English bastardy law, and which has been taken over by the American States. The duty of the mother to maintain the child was established by the poor law amendment act of 1834 (4 and 5 William IV, ch. 76, sec. 51). The law relating to support by the father (bastardy or affiliation proceedings) was amended by a number of statutes, the last of which was enacted in 1918. The workmen’s compensation act of 1906 gives the benefit of its provisions to illegitimate dependents and parents or grand parents dependent upon illegitimates. An act of 1858 (21 and 22 9 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 10 IL L E G IT IM A C Y L A W S . Viet., eh. 93) permits proceedings for a decree declaring the petitioner to be the legitimate child of his parents, but without in any way touching the substantive law or the law of evidence concerning legitimacy, so that the act has no bearing upon the law of illegit imacy. American legislation has been more active. The English type of bastardy-support legislation has been taken over by nearly all the States and continues to be the dominant feature of our laws concern ing illegitimates. In contrast to England, however, there has been also considerable legislation concerning the status and the civil rights of illegitimates. In part this legislation undertakes merely to enact rules of the common law, the acts laying down the presump tions regarding illegitimate birth being of that character. In part the legislation alters the common law by establishing rules more favorable to legitimates. As early as 1785 Virginia introduced the three reforms most conspicuous in this respect: Making the issue of certain annulled marriages legitimate; adopting the civil-law prin ciple of legitimation by subsequent matrimony; and creating rights of intestate succession between the illegitimate child and the mother. It is remarkable that the neighboring State of North Carolina should not have adopted the second of these principles until 1917, New Jersey not until 1915, New York not until 1895; but the three reforms have become law in most of the States, with various modifications. -Until recently there has been little legislation bearing on the .status of the illegitimate child with reference to the father or greatly alter ing the father’s obligations; the last few years have, however, wit nessed some important changes in this respect, and radically new departures were undertaken in two States in 1917. The stagna tion of legislative thought on this important subject which char acterized most of the States during the greater part of the nine teenth century appears to have come to an end, but the lines that are likely to be taken by new legislation are not clearly marked out. The following brief analysis of American illegitimacy legislation attempts merely to outline its main features. The subject will be considered under the following heads: Illegiti macy in relation to marriage and birth; The illegitimate child and the mother; The illegitimate child and the father. Bastardy-support legislation naturally connects with the third of these categories. 1. ILLEGITIMACY IN RELATION TO MARRIAGE AND BIRTH. The child born out of wedlock, and the presumption of legitimacy. The problem of illegitimacy is mainly concerned with children born of unmarried mothers. However, the law recognizes the possi bility that the child of a married woman is not the child of her hus- https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis C O M M E N T O N L A W S OF T H E U N IT E D STATE S. 11 band and therefore illegitimate. There is by the common law a strong presumption that a child born of a married woman is the child of her husband and therefore lawful. The presumption is not indisputable, and contrary proof is admitted now somewhat more readily than it was under the earlier law, when it was contended that nothing short of the husband’s absence beyond the seas during the period of conception or his apparent incapacity for procreation would suffice to overcome the presumption (Coke on Littleton, 244a). At present it is sufficient to prove that the husband did not have intercourse with his wife during the relevant period, while it is not sufficient to prove that other men had intercourse with her at the time. On general principles of the law of evidence, however, neither husband nor wife may testify as to the fact of intercourse or non intercourse, but the proof must be furnished by other means. The matter of presumption is dealt with by statute in a number of States. Louisiana appears to have the fullest provisions in that respect. Georgia (Code, sec. 3012) expresses the rule of the common law by providing: A ll children born in wedlock, or w ithin the usual period of gestation thereafter, are legitimate. The legitim acy of a child thus born m ay be disputed. W here pos sibility of access exists, except in cases of divorce from bed and board,1 the strong presumption is in favor of legitimacy, and the proof should be clear to establish the contrary. Oregon and North Dakota provide that the presumption that the issue of a wife cohabiting with her husband who is not impotent is legitimate is conclusive and indisputable (North Dakota, sec. 7935; Oregon, sec. 798), this provision being intended to be part of a codifi xation of the common law. “ Cohabiting with her husband” should, perhaps, be construed to refer to actual access and intercourse; if so construed, it expresses the common law. California and the States following it (North and South Dakota, Montana, Oklahoma) express the ordinary presumption in favor of the legitimacy of a child born in wedlock, but add that the presump tion shall be disputable only by the husband, the wife, or a descendant of either. The latter restriction would make it impossible for a collat eral heir to prove illegitimacy in order to establish his own right to succession. A number of States have special provisions regarding the relation of a decree of divorce to the legitimacy of children, which, in so far as divorce means the dissolution of a valid marriage, are believed to express merely the common law; these provisions will be noted hereafter. The same is probably true of the provision of the Code o£Georgia (sec. 3012), also found in Alabama (sec. 3807), that if preg nancy existed at the time of the marriage, and a divorce is sought and 1A child conceived after judicial separation from hed and hoard is not covered b y the presumption of legitimacy. (Halsbury, V ol. II, sec. 720.) https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 12 IL L E G IT IM A C Y L A W S . obtained on that ground, the child, though born in wedlock, is not legitimate. Child born before the marriage of the parents. It is the fact of birth, and not of conception, out of wedlock that renders issue illegitimate. A child born after marriage is legitimate though it is evident that it was conceived before, subject to the proof of illegitimacy, as in other cases. A child born before marriage, according to the common law of England, is not legitimized by the marriage of the parents. In 1235 the Parliament of Merton repudiated the civil and canon law doctrine of “ legitimatio per subsequens matrimonium,” declaring “ nolumus leges Anglise mutari.” Legitimation by subsequent matrimony has been introduced by statute in many American States. A number of the statutes express the requirement, which in any event must be implied, that the child, in order to be legitimized, must be acknowledged or recognized as his own by the person marrying the mother, or that the mother shall marry the reputed father (North Carolina). The provision that the child is legitimated by the father adopting him into his family (Oklahoma) will regularly be satisfied by the father marrying the mother. In a few States (Colorado, Maine, Kansas) marriage of the parents with acknowledgment of the child, or acknowledgment alone (SouthDakota), gives the latter a right of inheritance without in terms legitimating him. Rhode Island, Delaware, South Carolina, and Ten nessee seem as yet to lack such provision for legitimation. The de sirability of such legislation is obvious. Legitimation is preferable to giving merely a right of inheritance, since it takes care of the duty of support. The right of inheritance, in case of legitimation by subsequent marriage, is peculiarly qualified in Nebraska, where it is given only if the parents have other children; until 1914, in New Jersey, it was given only if the parents had no legitimate children. Issue of void and voidable marriages. The difference between void and voidable marriages— a matter involved in much difficulty, owing to the operation of statutes upon canon-law and common-law doctrines—is of importance with refer ence to the status of the offspring. The issue of a void marriage is illegitimate. Bigamous marriages and marriages vitiated by lack of mental capacity are instances in point. If a voidable marriage was annulled by judicial decree, it was regarded as void ab initio and the issue was likewise illegitimate. However, the common law would not allow a voidable marriage to be annulled after the death of one of the parties (1 Blackstone, 434; Salkeld, 548), and death would thus make it impossible to question the status of issue which to all intents and purposes became legitimate. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 13 C O M M E N T O N L A W S OF T H E U N IT E D STATES. Voidable marriages were not only those concluded under fraud or duress but also those within the prohibited degrees of consanguinity or affinity. An act of 1835 (5 and 6 W. IV, ch. 54), however, rendered all marriages between persons within the prohibited degrees of consan guinity or affinity “ absolutely null and void to all intents and pur poses whatsoever,” with the effect of bastardizing the issue. In America marriages within the prohibited degrees are generally declared by statute to be void and not merely voidable. In the absence of saving legislation the issue of these marriages must there fore be held illegitimate, as well as the issue of voidable marriages an nulled by judicial decree. LEGISLATION LE G ITIM A TIN G TH E ISSUE OF VOID OR ANNULLED M A R RIA GE S. Legislation legitimating the issue of void or annulled marriages is common in America, and is of more or less extensive scope, as follows: 1. In a large number of States the issue of all void marriages is declared legitimate: Alaska, Arizona, California, Minnesota, Missouri, Montana, Nevada, New Mexico, North Dakota, Ohio, Oklahoma, Texas, Utah, Virginia, W est Virginia, Wisconsin. 2. The saving is restricted in the case of bigamy to innocent marriages (Indiana). 3. A n exception is made from the saving to the prejudice of incestuous marriages and those between persons of different color in K entucky. 4. The issue of bigamous marriages is specially saved— (а) If the marriage was innocent or in good faith either on the part of both or on the part of one: Maine, Massachusetts, District of Columbia, Hawaii, Indiana, K entucky, Wisconsin, Nebraska, Michigan, New Y ork. (б) Made legitimate only as to the one capable of contracting marriage: Nebraska, Michigan, N ew Y ork . #• 5. W here one of the parties is a lunatic, the issue is legitimate as to the other (compe tent) party: Maine, Massachusetts, Vermont, New Y ork, K entucky, Michigan, Nebraska, W yom ing, Hawaii. In several of these States the saving extends to inva lid ity on account of nonage; in Michigan to annulment for fraud. 6. The issue of incestuous marriages is made legitimate generally in Oklahoma; with a restriction to the period prior to annulment in Alabama; with a restriction to cases of affinity in Pennsylvania. 7. The issue of validated marriages is declared legitimate in Texas, and, with particular reference to cohabitation between former slaves, in many States. 8. In North Carolina issue is not bastardized if the marriage has not been annulled during the lifetime of one of the parties, except where the marriage was between persons of different race or color. Congress by act of March 22, 188-2 (22 Stat. L.) legitimized the issue of Mormon (polygamous) marriages born before January 1. 1.883. Oklahoma favors legitimacy by permitting marriage below the normally required age where the object of the marriage is to settle a bastardy action. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 14 IL L E G IT IM A C Y L A W S . LEGISLATION DECLARING TH E ISSUE OF C ERTAIN M A R R IA G E S ILLEGITIM ATE. There is, on the other hand, legislation expressly declaring the issue of certain illegal marriages illegitimate: a. In case of incestuous marriages or marriages within the prohibited degrees in Massachusetts, Maine, New Hampshire, Verm ont, Michigan, Hawaii, and Rhode Island. b. In case of marriages between persons of different race in Florida, Kentucky, and Nebraska. c. In case of bigamous marriages in Florida, and, if the same have been annulled, in New Jersey and K entucky. d. T h e law of Illinois has a saving of the issue of divorced marriages except in case of bigam y; the provision for divorce does not apply to incestuous marriages, for which likewise there is no saving provision. T H E L A W OF LO U ISIA N A . The law of Louisiana is altogether peculiar. A distinction is made between the illegitimate offspring of persons who at the time of con ception might have legally contracted marriage with each other and the offspring of persons to whose marriage there existed at the time some legal impediment (art. 181). The latter are designated as adulterous or incestuous bastards. Adulterous or incestuous bastards are not legitimated by subsequent marriage (which is possible where the connection was not incestuous), nor can they attain through acknowledgment the status of “ natural children” (202-204), nor can they be adopted (214). Even the right of alimony apparently exists only against the mother and her descendants (art. 245; but see arts. 242 and 920). It follows from these provisions that the issue of marriages void either by reason of bigamy or of relationship, so far from having a preferred status, are stigmatized beyond redemption. This is the reverse of the policy adopted by most other States. C O M M E N T O N T H IS LE G ISL A T IO N . If the marriage contract is vitiated by an initial defect, the ille gitimacy of the issue follows as a logical result, whether the marriage be void or voidable, and it requires some positive rule of law to avoid this result. 'T he rule forbidding the ecclesiastical courts to entertain a suit for nullity after the death of one of the parties to the apparent marriage legitimized the issue of many marriages that fell under the ban of the canon law, but there was no similar saving principle for marriages annulled by the operation of common law or statute, and the reduction of the province of the canon law operated to increase the number of cases of illegitimacy. There is no need for explaining the policy of saving legislation on behalf of the issue of void marriages; we should ask rather: What is the purpose of withholding legitimation in specified cases of nullity or of express bastardization of the issue in similar or in other cases ? https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis C O M M E N T O N L A W S OE T H E U N IT E D STATES. 15 The idea of incestuous or of bigamous marriages is abhorrent to common instincts, and a widespread and deep-seated prejudice exists against miscegenation between races of different color; it is therefore perhaps not surprising that there should be a tendency to carry the invalidity of such unions to every logical consequence. Where, more over, a formal celebration of a marriage is made mandatory and an informal or so-called common-law marriage is made illegal and null, it will be asked, What is the sanction of such a rule, if the issue of the union is not made illegitimate ? On the other hand, however, it is necessary to consider the legal and practical effect of illegitimacy in such-cases. The most conspic uous effect is the loss of the right to inherit. The parent can over come this by giving through a will what the law denies (a special exception will be noticed later on), but from the point of view of the child it is a pure penalty. There are indeed cases where the with holding of a right to inherit seems justifiable, as e. g., if a wealthy woman should be inveigled into a marriage without her consent (insanity, duress, etc.), it may be contended that offspring in such a case has no claim to share in her or in her family’s wealth. But cases of this kind should be carefully considered and specified; and a mere vindictive tendency on the part of the legislator is apt to go wrong. Thus we find some statutes providing that in case of a biga mous marriage the issue shall be legitimate with reference to the party who was competent to marry or the party who was in good faith; yet it is this very party who (or whose relations) may desire to repudiate claims to inheritance on the part of the offspring, while the guilty bigamist is morally bound to take care of the issue. The legislature apparently views this problem purely from the point of view of the lawful wife of the bigamist and her children and safe guards her and their interests at the expense of innocent children. The problem is certainly, one deserving careful attention. Another question concerns the right of children of void or voidable marriages to a name. Ordinarily the illegitimate child bears the name of the mother. Can any good reason be given why, if the union is to be stigmatized, the child should bear the name of the mother, perhaps innocent, rather than that of the father, perhaps guilty ? There remain to be considered custody and support. If the issue of the void marriage is illegitimate, these belong to the mother. There may be no difficulty as to the custody; but the duty of support may be unjustifiable if laid upon the mother alone. The policy of legislation has been for centuries to place part of the burden upon the father; yet upon examination the bastardy laws will be found to be ill suited, or not applicable at all, to the issue of an annulled mar riage. Under these circumstances to declare issue illegitimate is to https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 16 IL L E G IT IM A C Y L A W S . relieve the father of an obligation. The need for legislation may not be urgent in view of the scarcity of cases of this kind, and of the great probability that children will be cared for; yet there ought to be a provision making it the duty of the father to support the child. Some statutes relating, to annulment of marriages give appropriate powers to courts in making decrees of nullity (Connecticut, 5293); but it will be observed that incestuous and bigamous marriages are void without a decree. A strong case exists for extending to all the States the provision legitimating the issue of void and voidable marriages, or at least of making provision for support and for considering the question of inheritance. Divorce and illegitimacy. A considerable number of States have provisions in their divorce statutes relative to the legitimacy of the issue of the divorced mar riage, to the effect either that the decree shall not affect the legitimacy of the issue or that the question of legitimacy may be determined by the court or as at common law. If divorce is clearly distinguished from an action of nullity, there can be no ground for holding that divorce in itself bastardizes the issue born before the dissolution of the marriage. A provision may be proper to prevent the ipso facto bastardization of issue conceived before, but born after, the divorce. At common law, howeve'r, the presumption of legitimacy may be overcome by positive proof that the husband is not the father of the child; and it serves a valuable purpose to permit, in an action for di vorce on the ground of the wife’s adultery, the question of the legiti macy of issue to be raised and determined, since without such provi sion the question, in order to be decided, has to arise incidentally to some litigated question,1 and the wife’s adultery is capable of being established without involving the legitimacy of any child. There is only one case in which legitimacy is necessarily involved in an action for divorce; and that is where divorce is obtained on the ground of antenuptial pregnancy, since the divorce will not be granted if the husband could have been himself the father of the child. Ala bama, Georgia, and Kentucky make express provision for this. The action in such a case is rather for annulment than for divorce. The ground of annulment in such a case is fraud, and the cause of action presupposes that the man is ignorant of the pregnancy. Where a person marries a woman knowing her to be pregnant, he thereby con clusively admits paternity; and any other person is thereby relieved. (62 Iowa 343; 43 Ohio St. 473.) i Indiana seems to be the only State to permit a special proceeding to establish legitimacy or illegitimacy, which, however, is confined to the case of a prior undissolved marriage unknown to one of the parties. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis C O M M E N T O N L A W S O F T H E U N IT E D ST AT E S. Miscellaneous relationship. provisions regarding illegitimate children 17 and Notwithstanding the occasional reference in statutes to the legal disabilities of bastardy, the bastard, both at common law and under modern legislation, has the same legal capacity as any other person; the disabilities attaching formerly under other legal systems to illegitimate birth with reference to the right to be admitted to certain callings, guilds, etc?, have disappeared. Modern legislation recognizes, however, the social stain that attaches to illegitimate birth by occasional provisions seeking to shield the child from this stigma. Thus, while the standard form of birth registration adopted by the United States Bureau of the Census requires the certificate to state whether the child is legitimate or illegitimate, a few States provide that in such a case no identifying data be given, and registration officers are forbidden to disclose facts from which the fact of legitimacy or illegitimacy may be discovered, except on order of a court. (See the provisions of the laws of Massachusetts, the District of Columbia, and Minnesota.) In Massachusetts and New York the record o f an adoption proceeding must not disclose whether the child is legiti mate or illegitimate. More commonly the law seeks to shield the parents, and particularly the name of the father is not required to be given if the child is illegitimate. The provision of the law of Hawaii requiring the mother of an illegitimate child to state in the certificate of birth the name of the father is unique. It may finally be observed that Minnesota in 1917 took care to substitute the word illegitimate for bastard in the statutes where the latter term occurred. 2. THE ILLEGITIMATE CHILD AND THE MOTHER. The dependent status of the married woman at the common law resulted not only in the absolute dormancy of any legal rights of the mother during the lifetime of the father but exerted its influ ence even after his death; for the father had power by deed or will to appoint a guardian for his minor children, and the statute grant ing or confirming this power (1670) ignored any rights of the mother. With such an attitude toward the rights of the lawful mother it is not surprising if we hear little of the rights of the illegitimate mother. She is first recognized in criminal legislation, correctional measures being provided for by statutes 18 Eliz. c. 3, and 7 James I, c. 4 (Blackstone IV, 65). An act of 1623 made it punishable as murder if a lewd woman concealed the birth of her child and the child was found dead, unless she proved that it had been born dead. (Stephen, History of Criminal Law, III, 118.) The concealment of the birth and death of a child has since been made an offense without reference 90956°— 19------ 2 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 18 IL L E G IT IM A C Y L A W S . to illegitimacy. - (Criminal law amendment act, 1828, sec. 14.) The poor law amendment act of 1834 gave the illegitimate child the settlement of the mother and imposed upon her a duty of support; and her neglect to maintain the child when able to do so, whereby the child becomes chargeable on the parish, is punishable. (Poor law amendment act, 1834.) The English statute does not appear to recognize other reciprocal rights and obligations, between mother and illegitimate child until the workmen’s compensation act of 1906, which takes care of actual dependency though based on illegitimate' parentage. The mother’s custody of the child was recognized by the courts from the end of the eighteenth century where the child was taken from her by force or fraud, a grant of habeas corpus under such cir cumstances not necessarily implying a legal right in her to the person of the child. (R. v. Soper, 5 Term.R. 278, 1793; R. v. Hopkins, 7 East 579, 1806.) But in 1883 the court of appeal conceded that the natural relationship gave rise to a right of custody. '(Queen v. Nash, 10 Q. B. 454.) The English law has never admitted any right of intestate suc cession between mother and illegitimate child. For America we must assume the continued existence of the English common law (unaffected by English statutes) in the absence of proof to the contrary. The courts of Connecticut have held that by the custom of that Colony and State the relation of the mother to the illegitimate child is substantially the same as to a lawful child, carrying with it rights of inheritance, and enabling the child to take under gifts to the issue of the mother, if ‘ Tawful” issue is not expressly specified. (5 Conn. 228, 6 Conn. 35, 12 Conn. 165, 88 Conn. 269.) No such change of custom has been asserted for any other jurisdiction, but a legal relation between mother and child seems to be tacitly assumed. Georgia, where the common law is in a manner codified, declares the mother to be the only recognized parent of the illegitimate child (3628). American legislation has, however, recognized the relation between mother and illegitimate child in such a manner as to approximate the status to that of lawful parent and child. In this departure it had no English models to follow; the English legislation regarding concealment of birth and death— either confined to illegitimates or generalized—has, however, been generally taken over into our crimi nal codes. The most important statutory change of the common law is that relating to the right of inheritance; there are in addition scattered provisions relating to custody, guardianship, apprentice ship, and adoption to be noted. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis C O M M E N T O N L A W S OF T H E U N IT E D STATES. 19 Right of inheritance. The statutes naturally distinguish the right to inherit from the illegitimate child and the right to inherit from the illegitimate mother, the latter right being not so commonly granted as the former. Thus, New York in the Revision of 1828, while giving the mother the right to inherit from the child, expressly declared the illegitimate incapable of inheriting (1 R. S. 753, 754, sees. 14, 19), while Massachusetts iu the same year established reciprocal rights, as Virginia had done as early as 1785. The States differ as regards the right to inherit from the kindred of child or mother as the case may be, and the statutes of each State must be consulted on this point; for the purposes of this summary the following observations will suffice. The possibilities to be considered are: 1. A S R E G A R D S IN H E R IT A N C E F R O M O R T H R O U G H T H E C H IL D . a. The mother inherits from the child. b. The mother inherits from the child’s -descendants (or other kindred). c. The mother’ s kin (or specified near kin) inherit from the child. d. The mother’s kin (or specified near kin) inherit from th e ch ild ’s descendants (or other kindred). 2. A S R E G A R D S IN H E R IT A N C E F R O M O R T H R O U G H T H E M O T H E R . a. The child inherits from the mother. b. The child inherits from the mother’s kin (or specified near k in), particularly from other illegitimate children of his mother. c. The child’ s descendants (or other kindred) inherit from the mother. d. The child’s descendants (or other kindred) inherit from the mother’s kin (or specified near kin). (See Dickinson’s appeal, 42 Conn. 491, 509.) A particular problem is presented in adjusting succession rights of or from illegitimates to claims of lawful relatives: Should illegiti mate children take from the mother when she has lawful children, and should they take what the mother has received from her lawful husband ? Should illegitimate children take only from other illegiti mate children or also from her lawful children ? The natural order should, of course, be adhered to; i. e., the mother should not be admitted to succession in concurrence with the children or issue of the illegitimate, nor in preference to, or perhaps not even in concurrence with, the illegitimate’s lawful spouse. There is some danger in overlooking these common orders of priority where succession rights based on illegitimacy are introduced by separate legislation. Thus, in 1917 Delaware gave the illegitimate an unqualified right of succession from the mother, thereby, if effect were given to ordinary rules of construction, ousting the rights of the mother’s lawful children; and a number of States in giving the https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 20 IL L E G IT IM A C Y L A W S . mother a right to inherit from the illegitimate child, ignore the prior claim of any husband or wife which the illegitimate may leave, and recognize merely the preferred right of the illegitimate’s own issue. In Kansas and NewMpxico the mother is preferred, as an intestate heir, to the father, where the latter has acknowledged paternity. In Louisiana the reciprocal rights of succession depend upon formal acknowledgment by the mother. (Co de, 918,922.) In the District of Columbia the child does not inherit the mother’s real estate if the mother was incapable of making a will (958). Unless the legislature deliberately desires to exclude or subordinate illegitimate children where there are lawful children of the same mother, or desires to limit the right of succession so far as the mother’s kindred are concerned, the simplest and adequate method of' dealing with the matter is to declare that for purposes of applying the law -of intestate succession or of descent and distribution, the relation between the mother and her kin and her illegitimate child and the kin of the child shall be the same as if the child were the lawful child of the mother. This is practically done, although with somewhat imperfect phrasing, in Florida (2292), and, likewise, in a rather cir cumstantial manner, by the Pennsylvania act of 1917 and 'the elaborate provision of Illinois seems to have the same effect. Custody and guardianship. In several States there is an express provision that the mother is the natural guardian of her illegitimate child (Arkansas, Missouri, Vermont); the provisions in other States (North and South Dakota, Oklahoma, Wyoming, and Arizona) that the mother may appoint a guardian for her illegitimate child, born or unborn, presupposes such natural guardianship. Missouri also entitles the mother to the child’s earnings and binds her to support it to the extent of such earnings. In many States the settlement or residence of the illegitimate child follows that of the mother. In Hawaii and in Pennsylvania the child bears the name of the mother. It has been seen that even in England the law now recognizes the rights of the illegitimate mother over the person of the child, and the fight of natural guardianship may be assumed for all States. Such right is incidentally recognized in many States by provisions author izing the mother to bind the illegitimate child as an apprentice, as the father may his lawful child. This is a matter of relatively slight importance now; but the same recognition is found in most of the adoption laws of the American States. Where these require the consent of the natural parent, such consent, for the illegitimate child, is always required to be obtained from the mother. The provisions dispensing with consent in case of unfitness or abandon ment are the same for illegitimate mothers as for legitimate parents https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis C O M M E N T O N L A W S OF T H E U N IT E D ST AT E S. 21 and are consequently of no particular significance in connection with the law of illegitimacy. Mississippi and South Carolina also expressly recognize the relation between mother and child in the wrongfuldeath act. In view of the various provisions recognizing as between the mother and the illegitimate child one or more if not all the incidents of parenthood, it is safe to say that they sustain to each other the legal relation of parent and child. From this it would also follow that the mother is liable to the penalties of the modern abandon ment statutes which speak of abandoning one’s child or minor child or child under a specified age. While there seem to be no judicial decisions directly in point, this is probably due to the fact that an abandonment act contemplates primarily delinquency on the part obthe father. The peculiar position of the illegitimate mother is recognized in Massachusetts and New Hampshire by giving her the right to give up the child while it is under the age of 2 years to the State board of charities. In these States this operates as a consent to the adoption of the child by another, and in Michigan, likewise, an institution to which an illegitimate child is surrendered b y the mother gives the required consent to the adoption of the child. The law might be considerably simplified by a general declaration to the effect that for the purpose of all legal rights and obligations an illegitimate child should be deemed to be the legitimate child of its mother. Such is the German law, Civil Code, section 1705: “ The illegitimate child has in relation to the mother and to the relatives of the mother the legal position of a legitimate child.” It might be proper to contain a reservation for gifts made to or in favor of the “ lawful” issue of a woman; but ordinary rules of construction would probably exclude the illegitimate child under such a form of gift, as is also recognized in Connecticut. (88 Conn. 269, 282.) 3. THE ILLEGITIMATE CHILD AND THE FATHER. In general. As before stated, the relation between the father and the illegiti mate child is recognized by the common law in one respect, namely, for the purpose of counting the degrees within which marriage is prohibited. (R. v. Brighton, 1 B. & S., 447.) American statutes have adopted this principle by making the law regarding incestuous marriages apply to illegitimate as well-as legitimate relationships. Knowledge of the relationship is not required to invalidate the marriage, though it probably is for the purpose of treating incest as a crime.1 For all other purposes the father and the illegitimate 1 Expressly so provided in English punishment of incest act, 1908, sec. 1. gitimate relationship (sec. 3). https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis This act also applies to ille 22 IL L E G IT IM A C Y L A W S . child are by the common law strangers to each, other. A father may receive an illegitimate child into his family and treat it- as his own, and he may remember it by will, but if he gives to his children by a named woman, not his wife, generally, so as to include children other than those recognized by him as such at the time of the will, the gift is held in England to be void for uncertainty, since the law will not inquire whether children bom by a woman through illicit intercourse are born of this or that particular man. For this civil purpose, then,, the English law adopts the principle of the French Code, superseded only in 1912, that inquiry into paternity will not be undertaken. The will may, however, give to the children of the wom^ri, or even to the children o f the woman who are reputed to be the testator’s, since the testator’s actual paternity in that case is irrelevant. (Hastie’s Trusts, 35 Ch. D., 728.) . v, v The statute law of England takes cognizance of the relation be tween father and illegitimate child only in the bastardy support legislation, to be more fully noted presently, and the workmen’s compeiisation act of 1906 (sec. 13) d American legislation. a. Legitimation.— While most American States provide for legiti mation of illegitimate children by the marriage of the parents, only a minority of States permit legitimation without such marriage. Such provision may be desirable where the death of the mother prevents a marriage to the father. Legitimation where permitted is either formal or informal; if formal, either through a judicial proceeding or without one. Legitimation by judicial proceeding is found in Alabama, Georgia, Mississippi, North Carolina, and Tennessee. The method is a simple petition for a decree or order legitimating the child, and, if so desired, giving him the name of the father; the latter consequence, it seems, does not need special provision. The right to inherit is generally expressed in terms; this provision, if, as in Mississippi, confined to declaring the child the heir o f the father, is calculated to throw doubt on the right of the father to inherit from the child, which is a consequence of legitimacy. The reciprocal right is expressly de clared in North Carolina. In Michigan legitimation is effected by a writing executed and recorded like a deed; the child becomes legitimate to all intents and purposes. In Louisiana legitimation requires a notarial act. California illustrates the type of informal legitimation: “ The father of an illegitimate child, by publicly acknowledging it as his own, re ceiving it as such, with the consent of his wife, if he is married, into i The national insurance act, 1911, defines dependents as including such persons as the approved society or insurance committee shall ascertain to be wholly or in part dependent upon his earnings (sec. 79). T h e war-pension legislation likewise speaks of “ dependents.” https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis C O M M E N T -O H L A W S OF T H E U N IT E D STATE S. 23 his family, and otherwise treating it as if it Were a legitimate child, thereby adopts it as snch; and such child is thereupon deemed for all purposes legitimate from the time of its birth.” The same or a similar provision is found in (among other States) Arizona, Maine, Montana, Oklahoma, North and South Dakota, Nevada, and Utah. Where no provision is made for legitimation (i. e., in the majority of States), practically the same effect can generally be accomplished by adoption. (See, e. g., Vermont, sec. 3757.) Adoption may have the advantage of not disclosing the fact of illegitimate parentage and birth, which outweighs the theoretical benefit of removing the stain of illegitimacy by formal legitimation. If adoption may leave the child outside the scope of gifts made to the issue of the adopting person, the same doubt may arise in ease of legitimation, for it is not clear that a gift to the lawful issue of a person would apply to legitimated issue. A difficulty exists under adoption laws like that o f Illinois where a person may adopt only a child not his own. Here there is no way of giving the illegitimate child a better status after the mother has died. An act of Illinois of 1915 expressly allows a person to adopt the child of his wife, but the difficulty with regard to the illegitimate child is not removed. Where the mother is alive, legitimation should not be permitted, except by marrying her, or without her consent, if the father is mar ried to some other woman. Under the existing laws regarding legiti mation, difficult questions may arise as to the respective rights of father and mother after legitimation, illegitimate competing with legitimized parentage. (Templeman v. Brunner, 42 Okla. 6.) Where the mother is alive and the father can not marry her, adoption seems the more appropriate proceeding, since the adoption laws take cog nizance of the rights of the natural parent. b. Rights o f inheritance.— Some States give, without express legiti mation, a right of inheritance to a child in case of acknowledgment by the father. California attaches this effect to an acknowledgment in writing, but so that the child does not represent the father in inherit ing from the latter’s kindred. Kansas grants this right as follows: “ Illegitimate children] shall inherit from the father whenever they have been recognized by him as his children; but such recognition must have been general and notorious, or else in writing % (3845). The provision in New Mexico is the same. Iowa, and since 1917 also Wisconsin, &dd to the latter provision a right to inherit from the father whose paternity has been https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 24 IL L E G IT IM A C Y L A W S . proved during his lifetime, but in Wisconsin (as in California) the child does not inherit as representing the father. In these States, if the recognition is mutual the right of inheritance; is reciprocal, but in Kansas and New Mexico the mother is preferred as an heir to the father. South Carolina recognizes legitimation by adoption. In that State a father who has a wife or lawful children may not as against them give or bequeath to an illegitimate child more than one-fourth part of his estate, and this restriction also applies after the child is adopted, and is in that event extended to the child’s right to inherit (3454, 3575, 3798). Congress in 1887 annulled the laws of the Territory of Utah recog nizing the capacity of illegitimate children to inherit and declared that no illegitimate child should thereafter be entitled to inherit from the father, with certain savings. This legislation is superseded by the present laws of the State of Utah. c. Law o f Louisiana.— In Louisiana the law recognizes the special status of natural children. These are illegitimate children acknowl edged by the parents or either of them, the relation between the par ents being such that at the time of conception they were legally capable of contracting marriage. Natural children inherit from the parent who has acknowledged them (but not from the relations of the parent); in the case of the father, if there are no lawful relatives or wife to inherit, i. e., only to the exclusion of the State; from the mother, if she leaves no lawful children or descendants. On the other hand, the natural child, dying without posterity, transmits his estate to the acknowledging parent or parents,1 or if they be dead to the natural brothers and sisters (arts., 918-923). The natural child is further restricted in his capacity to receive property by gift or by will from the parent. If there are legitimate descendants, the per missible portion is measured by the needs of the child; if none, it is one-fourth or one-third of the property according to the proximity of the lawful heirs (1483-1488). Adulterine or incestuous children can under no circumstances receive more than bare sustenance. d. Other 'provisions—Besides the provision for legitimation and in heritance, the most important legislation bearing upon the relation between father and illegitimate child is that looking toward com pulsory support, which makes the bulk of bastardy legislation and which will be considered separately. A right of custody is rarely recognized, but is conceded in Illinois to the father after the child has reached the age of 10, and before if the mother is unfit. A number of recent workmen’s compensation acts include among children entitled to the benefit of the act either illegitimate children 1 If not acknowledged, not even to the mother. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Succession of Lacosst, 77So., 4<9,1918, C O M M E N T O N L A W S OF T H E U N IT E D STATE S. 25 in general (Nevada) or acknowledged illegitimate children (Idaho, Indiana, Kentucky, Louisiana,-Hawaii, New Mexico, New York, and Vermont) or children legitimated prior to the injury (Montana, Oregon, and Washington). In Minnesota, by a law of 1917 (ch. 222), the father of an illegiti mate child, who has acknowledged paternity in writing or against whom the fact of paternity has been adjudged, is entitled to notice in proceedings for the adoption of the child. The statutory provisions relating to the illegitimate father make it clear that the law does pot recognize the normal relation of parent and child as subsisting between him and the child. It follows that abandonment acts which speak of a child or minor child, and do not expressly refer to the illegitimate child, do not apply to the latter: so held in New York (People v. Fitzgerald, 167 App. D. 85); District of Columbia (Moss v. U. S. 29 App. D. C. 188). The abandonment acts applying to illegitimates will be noted in connection with the support laws. It is finally necessary to notice the radically new legislation of North Dakota, enacted in 1917, which declares every child the legitimate child of its natural parents, but apparently limits this broad principle by the failure to provide equally broad remedies; for the law provides that the mother may within one year from the birth of the child sue to establish paternity, and makes the mother incompetent as a witness if the father is dead. How if the mother fails to sue within the year ? How if she dies in childbirth ? Is the operation of the act dependent upon the formal establishment of paternity? If not, what purpose is seryed by a one year’s limi tation of the proceeding? The limitation can certainly have only the effect of embarrassing and throwing doubt upon the operation of the main provision of the act. North Dakota also provides (1915, ch. 183, sec. 8) that an ille gitimate child born in a maternity hospital shall be given the name of the father, if known. 4. LEGISLATION FOR THE SUPPORT OF THE ILLEGITIMATE CHILD.1 The character of the legislation. English and American laws take cognizance of illegitimate pater nity mainly for the purpose''of enforcing against the father a duty of support. Historically the legislation is connected with the system of poor relief. The method of proceeding is adapted to parties who are indigent or irresponsible. The statutes partake of the character of criminal legislation and are sometimes found in i Most mothers’ pension laws have reference to children born in wedlock; some laws are not specific; unmarried mothers are expressly provided for in Michigan,.and by a bill at present (A pril, 1919), pend-, ing in Nebraska. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 26 IL L E G IT IM A C Y L A W S . the parts of codes or revisions dealing with crimes. In the course of a full discussion the Supreme Court of Massachusetts says (Hill v. Wells, 6 Pick. 104, 1828): This process being neither w holly civil nor criminal, but having m any of the fea tures and incidents of each, w e are left to determine from the manner in which the legislature has treated it whether they intended to include i t in the one or the other class of suits. A nd they m ight'w ell, in some respects, treat it as a civil, and in others as a criminal, suit. Warrant and commitment are borrowed from criminal procedure; statutes use the term “ guilty,” “ conviction,” and “ fine” ; Georgia speaks even of the mother as an offender ; in Pennsylvania an indict-mentds found against the alleged father. On the other hand, the fact that the defendant may be proceeded against in his absence and the finding against him be based upon a mere preponderance of proof stamps the proceeding as civil. We find it distinctly provided that while the prosecution shall be in the name of the State, the rules of evidence and of competency of witnesses, and the trial, shall be governed by the law regulating civil suits. (Indiana, 1015, 1018; Kansas, 4026.) In most States' the proceeding is exclusively against the father; but in New York a mother possessed of property and failing to comply with an order of support may be committed until com pliance or execution of an undertaking; and the regular compulsory proceedings for the support of poor relatives may be expressly made available against the mother of an illegitimate child. (Iowa, 2250.) The absence of a common-law duty of support bears upon the construction of statutory clauses proclaiming a duty of maintaining illegitimate children in 'general terms. If the duty is a purely statutory one, the method pointed out by statute for enforcing it must be pursued as the exclusive remedy; if the duty were a common-law duty, it might be contended that a suit at common law was available as a cumulative remedy. Such general clauses are, however, very exceptional.1 It should also be borne in mind that the only remedy at commcii law to enforce a duty of support is a suit for reimbursement by one who has furnished the support. A direct action to enforce sup port brought by the child or on its behalf against the father is unknown to the common law. The absence of a common-law duty should also be considered when it becomes a question of making family desertion and non support laws applicable to illegitimate children, as is done in a number of States. The offense of deserting one’s family is different from the offense of not supporting an illegitimate child, and to cover the two offenses indiscriminately by one provision tends to 1 Moncriof v. E ly, 19 W end. 406. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis C O M M E N T O N L A W S OE T H E U N IT E D STATE S. 27 confuse different kinds and grades of obligation. There is likely to be a disposition on the part of legislative bodies to differentiate and to treat the default with regard to illegitimate children as an offense of less degree. English bastardy law. The foundation of the English bastardy law is found in 18 Elizabeth, ch. 3, 1575-1576, which reads as follows: Concerning bastards begotten and born out of lawful matrimony,, (an offence against God’s law and m an’ s law) the said bastards being now left to be kept at the charges of the parish where they be born, to the great burden of the same parish, and in defrauding of the relief of the impotent And aged true poor of the same parish, and to the evil example and encouragement of lewd life: (2) it is ordained and enacted b y the authority aforesaid, That two justices of the peace (whereof one to be of the quorum, in or next unto the lim its where the parish church is, within w hich parish such bastard shall be born, upon examination of the cause and circumstance) shall and m ay by their discretion take order, as w ell for the punishment of the mother and reputed father of such bastard child, as also for the better relief of every such parish in part or in all; (3) and shall and m ay likewise b y like discretion take order for the'keeping of every such bastard child, b y charging such mother or reputed father, with the pay m ent of money w eekly or other sustentation for the relief of such child, in such wise as they shall think meet and convenient: (4) and if after the ¿ame order b y them sub scribed under their hands, any the said persons, viz. mother or reputed father, upon notice thereof, shall not for their part observe and perform the said order; that then every such party so making default in not performing of the said order, to be com mitted to ward to the common gaol, (5) there to remain without bail or mainprise,, except he, she or they shall put in sufficient surety to perform the said order, or else personally to appear at the n ext general sessions of the peace, to be holden in that county where such order shall be taken, (6) and also to abide such order as the said justices of the peace or the more part of them then and there shall take in that behalf (if they then and there shall take an y), (7) and that if at the said sessions the said justices shall take no other order,, then to abide and perform the order before made as is above said. It will be observed that, while there is a perfunctory reference to lewdness and to bastardy as offenses against God’s law and man’s law, the main purpose of the act is to relieve the parish from the burden of support, and that the liability for such support is placed upon mother and reputed father alike. The liability of the father as against the mother is not emphasized until the act of 49 Geo. I ll, ch. 68 (1809). (Nicholls, History of English Poor Law, II, 138.) The original legislation thus remained practically unaltered for over 200 years. An act of 1844 (7 and 8 Viet., ch. 101) further modified the principle of the earlier law by giving the primary claim for sup port to the mother instead of, as theretofore, to the poor-law author ities. The bastardy acts of 1872 (35 and 36 Viet., ch. 65) and 1873 (36 Viet., ch. 9), which constitute the present law upon the subject, again give the poor-law authorities the right to proceed where the child has become chargeable to the public. An act of 1914 provides for the appointment of a collecting officer to enforce the payments https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 28; IL L E G IT IM A C Y L A W S . to be made by the father. An act of 1918 raises the amount of the weekly allowance. Bastardy support proceedings are treated in English law books generally under the title “ Affiliation.” The English Forms in Bastardy Proceedings, dated March 13,1915, are fully set forth in volume 79, Justice o f the Peace, pages 152,164, 176, 187. American legislation. Bastardy support legislation, following the lines of the English law, was introduced in America at an early period. The state of the law at the beginning of the eighteenth century in one of the colonies is set forth in Capen’s History of the Poor Law of Connecticut as follows: It was not m any years after the settlement of Connecticut that the birth of bastards compelled attention. Laws against fornication were enacted. The earliest penalty was one or more of the following: “ enjoining to marriage, or fine, or corporal punish m en t.” In 1702 the punishment was made either a fine of 5 pounds or 10 stripes, inflicted on each party. The support of bastards received careful consideration. A t first each case was decided on its merits. Thus, in 1645 the general court ordered the mother and reputed father of such a child to be whipped, but placed the entire support of the child upon the father. The need of a general law was seen, and in the revision of 1673 it was included. Its special purpose was to define the requirements for the conviction of the father. For the child’s'support the law provided that where any man is legally convicted to be the father of a bastard child, he shall be at the care and charge to bring up the same, b y such assistance of the mother as nature requireth, and as the court from time to tim e (according to circumstances) shall see m eet to order. This principle of joint support has ever since been followed. To convict, it was enacted that if on the trial the court was not satisfied as to the identity of the father b y confession or “ manifest proof,” , “ then the man charged b y the woman to be the father, she holding constant in it (especially being put upon the real discovery of the truth of it in the tim e of her travail),” should “ be the reputed father, and accordingly be liable to the charge of maintenance as aforesaid * * * notwithstanding his den ial” ; unless the circumstances of the case and pleas in his behalf led the court to acquit him , and “ otherwise dispose of the child and education thereof; provided always in case there be no person accused in the tim e of her travail, it shall not be available to abate the conviction of a reputed father.” This method of adjudging a man the reputed father and obliging him to assist the mother in supporting the child became the regular method, and was retained until 1702. It should be noted that this law did not make the accusation during travail essential to conviction. Several changes were made b y the laws of 1702. The interests of the defendant were guarded b y requiring the examination of the mother at the trial to be upon oath and b y making the accusation in tim e of travail necessary to conviction. The pro vision of the law of 1673 for a conviction b y confession o r ! ‘manifest proof ” was stricken out, perhaps because it was found impossible ever to secure such. On the other hand, the person convicted was required to give security to perform the order of the court “ and to save the town .or place where such child is born, free from charge, for its maintenance. ’ ’ He might be committed to prison until he found sureties. The last important change was that exclusive jurisdiction was given to the county courts. All that an assistant or justice of the peace might do was to bind over to the county court one charged or suspected of having begotten a bastard. The county https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis C O M M E N T O N L A W S OF T H E U N IT E D ST AT E S. 29 court might order the continuance or renewal of the bond, in case the child was still unborn when the case was called. The nature of the obligation m ay be seen from a judgment rendered some years later under this law. In 1723 the county court in New H aven ordered a reputed father to pay for the support of his child 2s. a week until the child became 1 year old. The general court, on an appeal, adjudged that, such a sentence was strictly in con formity with the law, although the defendant had been acquitted b y a jury on the charge of fornication. One other law regarding bastardy deserves brief notice. The general court in 1699, in view of a recent occurrence in Farmington, enacted, in practically identical form, a Massachusetts law of 1696 to punish the concealment of the death of a bastard. For concealing the death of a child who, if born alive, would have been a bastard, the mother was to suffer death as in the case of murder, unless she could prove b y the testimony of at least one witness that the child was born dead. There were no radical changes in the eighteenth century, and laws enacted in the early stages of independent State government have in many cases remained practically unaltered until very recent times or until the present day. The most striking feature of bastardy legislation is its stationary character, indicative of a lack of thought or movement as regards the relation of the father to the illegitimate child, or perhaps to a certain extent also of an extreme conserva tism of sentiment. In Massachusetts, until the new act of 1913, the leading features of the law of 1785 were retained; Georgia’s law is^still substantially that of 1793; the law of New York, contained in the Code of Criminal Procedure of 1881, is substantially a copy of the law found in the Kevised Statutes of 1828 (I, p. 640); in Ohio there has been no radical change since 1824; in Florida, since 1828; in Iowa, since 1840; in Illinois, since 1845; in Alabama and Ken tucky, since 1852. Strikingly new legislation, however, was intro duced in Minnesota and in North Dakota in 1917. The usual features of statutory bastardy proceedings are: A com plaint by a woman who is pregnant or has been delivered of a bas tard child to a magistrate (justice of peace); a warrant issued by the magistrate against the person named in the complaint with direction to appear at a hearing; a preliminary hearing at which the accused may exculpate himself; if there is a prima facie case against him, an order binding him over for trial, which takes place after the birth of the child; a trial or hearing, at which a jury may be de manded; judgment, if against defendant, providing for maintenance of child; maintenance through periodical payments; enforcement of these payments and security for the same. The proceedings are regulated with varying fullness, Pennsyl vania, Florida, and Iowa" being types of brief statutes, while very full provisions are found in Vermont, New York, New Jersey, Delaware, Indiana, Kansas, Utah, and Hawaii. A purely civil obligation to support an illegitimate child, enforce able by civil suit, was created in California by act of 1913 (sec. 196a, https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis IL L E G IT IM A C Y L A W S * 30 Civil Code). Since at common law the liability of the father to sop-' port his lawful child (assuming it to exist as a legal liability) is not the subject o f a direct action by the child against the father, some method of enforcing this obligation had to be indicated, and this was done by reference to the provisions for enforcing the duty of the divorced husband to provide for the maintenance of wife and children. Bastardy, i. e., the begetting o f an illegitimate child, is made a misdemeanor and prosecuted as such in Pennsylvania (fornication and bastardy), Nevada, and Massachusetts (under the recent act of 1913). The duty of maintenance can likewise be enforced by criminal prosecution, where nonsupport or abandonment laws are made to apply to illegitimate as well as to legitimate children. This is the case in California, Colorado, Connecticut, Delaware, Massachusetts, Nebraska, New Hampshire, Ohio, Pennsylvania, West Virginia, and Wisconsin. The same is true, in effect, of the law of Minnesota (1917), which State also punishes the father who absconds in order to avoid proceedings while the woman is pregnant or within 60 days after the birth of the child. The following jurisdictions are, as far as ascertainable, without bastardy support legislation: Alaska, Idaho, Missouri, New Mexico, Texas, Virginia,1 and Washington.2 For the District o f Columbia such legislation was not enacted until 1912; for Oregon mot until 1917. The absence of legislation in Missouri has been commented on judicially (Easley v. Gordon, 51 Mo. App., 637). An abstract of several statutes representing the types of legisla tion above indicated will be useful as an introduction to a discussion of particular features of bastardy laws and a comment upon them. The briefer form of enactment providing for the ordinary proceed ing will be illustrated by Florida; the longer, by Illinois; the civil obligation, by California; the criminal liability, by Massachusetts; the civil action in the name of the State, by Iowa. The law of Florida, as a type of a brief support-enforcing act. A single woman, pregnant or having been delivered of a bastard, / may complain to a county judge or justice of the peace of her dis trict and accuse some one of being the father of the child. Process is then issued against the person accused to bring him before the magistrate, and upon his appearance the parties and their evidence shall be heard. If sufficient cause appears, the accused is bound in bond with security to appear at the next term of the circuit court in the county. In the circuit court the issue is tried by a jury. The reputed father has the right to appear b y counsel. If the issue is i A bastardy act of Virginia was repealed b y the Code of 1887. *In 1919 a bastardy support law was enacted in W ashington. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis C O M M E N T O N L A W S OF T H E U N IT E D ST AT E S. 31 found against him, ho is condemned by the judgment to pay the expenses attending the' birth of the child at the discretion of the court, and $50 yearly for 10 years toward the support and educa tion of the child. The defendant shall give bond, with security ap proved by the court, for such payments to be made to the mother. The bond bas the effect of a judgment, and execution may issue as often as money becomes payable. If the child is not born alive, or dies, the bond becomes from then on void. On failure to comply with the judgment the defendant* is imprisoned for a term specified by the court, not to be longer than one year. The law of Illinois, as representing the more elaborate type of the support-enforcing law. An unmarried woman, pregnant or delivered of a bastard, niay complain to a justice of the peace of the county in which she is preg nant. or delivered, or where the accused may be found, and accuse on oath a person of being the father. The justice thereupon issues his warrant against such person, to have him brought before h im or some other justice. The warrant may be executed in any county of the State. Upon appearance of the accused, the justice in his presence ex amines the woman on oath. The defendant may controvert the charge. If sufficient cause appears, the accused is bound in band with sufficient security to appear at the next county court (in Cook County, in the criminal court). On neglect or refusal to give bond and security the accused is committed to the county jail. The issue is tried by a jury, the defendant having the right to controvert the charge. The case is continued until the birth of the child and until the mother is able to appear, the defendant being placed under recog nizance to appear. The mother and the defendant are competent witnesses, their credibility being left to the jury. If the jury find for defendant, he is discharged and the mother is liable for the costs. If the issue is found against the defendant or he confesses, he is con demned to pay not exceeding $100 for the first year, and not exceed ing $50 yearly for nine succeeding years, for the support and educa tion of the child, and also the costs of the prosecution. For the making of such payments he shall give bond with sufficient security The payments are to be made in quarterly installments to the clerk of the court. On refusal or neglect to give security, the defendant is committed to the county jail until he complies with the order or is discharged according to law, the discharge not to be made within six months. The money is applied for the support of the child as di rected by the court. If a guardian is appointed for the child, the money is paid to the guardian. Upon default in any installment, https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 32 IL L E G IT IM A C Y L A W S . principal and sureties in the bond are cited to show cause why execu tion should not issue. Execution after judgment on bond is issued against goods and chattels of the principal and sureties. Upon such default the judge has also power to adjudge the father guilty of con tempt and commit him to the county jail until payment; but the commitment does not stay execution. Provision is also made for making the judgment a lien upon the defendant’s real estate. If the mother is living and desires the custody of the child, the father is not entitled to it until the child arrives at the age of 10, unless on notice to the mother and on full hearing she is found not to be a suitable person. If the child is not born alive, or dies, the bond shall from then on be void. The bond also becomes void upon intermarriage of the parents, which makes the child legitimate. Prosecutions must be brought within two years from the birth of the child; the time during which the accused is absent from the State is not counted. The mother may release the father upon terms consented to in writing by the county judge. In the absence of such consent, a release for less than $400 is not a bar to a suit, but the amount paid is credited. For $400 the liability may be re leased by the mother without the consent of the judge. The statute of California, as illustrating a general civil obligation. The Civil Code provides in section 196a, enacted in 1913: The father, as well as the mother, of an illegitimate child must give him support and education suitable to his circumstances. A ,civil suit to enforce such obligation may be maintained on behalf of a minor illegitimate child by his mother or guardian, and in such action the court shall have power to order and enforce performance thereof, the same as under sections 138, 139, and 140 of the Civil Code in a suit for divorce by the wife. Section 140 provides: The court may require the husband to give reasonable security for providing maintenance or making any pay ments required under the provisions of this chapter and may enforce the same by the appointment of a receiver or by any other remedy applicable to the case. According to section 139 the court may compel the husband to provide for the maintenance of the children. California also makes the nonsupport of an illegitimate child a. criminal offense. The law of Massachusetts, as the type of a penal statute.1 A person who gets a woman with child, not being her husband^ is guilty of a misdemeanor. Proceedings may be instituted in a munic ipal district or police court either where the man or where the woman lives. If the defendant pleads guilty or is found guilty, the court enters a judgment adjudging him the father of the child. After a i Laws of 1913, ch. 563. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis COMMENT ON LAWS OF THE UNITED STATES. 33 plea of not guilty, such judgment can not be entered against bim against his objection, until the child is,born or the mother is found six months advanced in pregnancy. The defendant may appeal to the superior court as in other criminal cases. Subject to appeal and grant of new trial, the adjudication, whether a sentence be imposed of not, is final and conclusive. If the court is satisfied that no living child will be born of which the defendant at the time of the complaint was the father, or that the defendant and the mother have married each other, or that ade quate provision has been made for the maintenance of the child, the complaint may be dismissed and any adjudication vacated. If at the time of adjudication the child is not born, the case is continued until the child is born. A payment to the mother or a probation officer may be ordered for confinement expenses. Failure to pay. may be punished as contempt of court by two months’ imprisonment in jail, unless the order is sooner complied with. After adjudication, the court may also make an order for the care and custody of the child and revise the same from time to time. After adjudication and after birth of the child, the defendant shall be liable to contribute reasonably to the support of the child during minority and shall be subject to all penalties and orders for support and maintenance provided in case of a parent unreasonably neglect ing to provide for a minor child under the act of 1911, thé practice of that act to be followed by analogy. (The act of 1911, ch. 456, provides for suspension of sentence and placing the defendant on probation ; the court may order him to make periodical payments to the probation officer; the court may also release him from probation on his entering into recognizance with or without surety, in such sum as the court may order. If the defendant violates the order, the court may sentence him or enforce the suspended sentence.) Any father of an illegitimate child, whether the child has been begotten within or without the State, who neglects or refuses to con tribute reasonably to the support and maintenance of the child is guilty of a misdemeanor, and upon conviction is liable to the pen alties and orders provided for by chapter 456 of the Laws of 1911. If there has been a final adjudication under the first paragraph, it is conclusive. Otherwise the question of paternity is established in proceedings under the last preceding paragraph. The law of Iowa, as the type of a civil action prosecuted by the State. When a woman residing in any county of the State is delivered of an illegitimate child, or is pregnant with such child, any person may complain to the district court of her residence charging the proper .person with being the father. The proceeding is entitled in the name 90956°—19-----3 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis ILLEGITIMACY LAWS. 34 of the State against the accused as defendant. Notice is given to the defendant by the clerk of the court. The filing of the complaint creates a lien upon the real property of the accused in the county. If the complaint is verified, the judge may order an attachment with out bond, specifying the amount of property to be seized, and revocable at any time on terms. The county attorney prosecutes on behalf of the complainant. Trial is had as in ordinary actions. If the accused is found guilty, he is charged with the mamtenance of the child in such sums and in such manner as the court shall direct. Execution may be issued for any sum ordered to be paid. The sum may be increased or diminished or order vacated on such notice as the judge may pre scribe. The law of Iowa lacks provision for commitment to jail, the supreme court of the State having held that this constitutes imprison ment for debt and is unconstitutional. (Holmes v. State, 2 Iowa 501, 1850.) COMMENT ON PARTICULAR FEATURES. 1. THE COURTS HAVING JURISDICTION. In the ordinary form of bastardy proceeding the jurisdiction is divided between a magistrate (justice of peace, police justice, county judge) and a court having regular jurisdiction in civil or criminal cases (circuit, district, superior; sometimes also county court). The magistrate receives the complaint, issues the warrant, and conducts the preliminary hearing as the result of which the defendant is discharged or bound over; and the court tries the case, gives judgment, and enforces it. The preliminary proceeding is dispensed with where there is simply a civil suit. - ' The magistrate is authorized to try the case in Delaware,' New Jersey, New York, and North Carolina, subject to an appeal to the higher court. This permits a disposition, in many cases final, by a tribunal which is not confined to intermittent sittings at infrequent terms. In the District of Columbia and in Hawaii the juvenile court is given charge of bastardy proceedings. The advantages of having bastardy proceedings, at least in their preliminary stages but prefer ably all through, in the hands of courts accustomed to dealing with social problems and with quasi delinquents who are not ordinary criminals are obvious; but the appropriate organs will not always be available in every part of the State. In metropolitan courts there is apt to be sufficient flexibility of organization to permit of the assign ment of bastardy cases to specially qualified judges, and this is done in the municipal court of Chicago, where a branch of the court, called the court of domestic relations, takes charge of all bastardy com plaints.. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis COMMENT ON LAWS OF THE UNITED STATES. 2. 35 D IS T R IC T O F J U R IS D IC T IO N . The majority of States require the complaint to be lodged in the court of the district where the woman resides or where the child is born, and only under a relatively small number of laws (e. g., Illinois,, Indiana, Maryland, Mississippi, New Hampshire, South Dakota, Utah) is the jurisdiction available in which the alleged father resides. The dominant idea seems to be that the proceeding belongs to the forum of the district which would have to bear the charges of support ing the child if the father can not be made amenable. It will be shown later on that there are important considerations for making the forum of the defendant’s residence generally available for bastardy proceedings irrespective of the residence of the mother. The nonsupport or abandonment act of Ohio, which applies to illegitimate children, provides that the offense shall be held to have been committed in any county in which the child or pregnant woman m aybe at the time the complaint is made (13011, 13014), and, further, that citizenship once acquired in the State by a parent of an illegiti mate child living in the State, for the purpose of the law, shall con tinue until the child has arrived at the age of 16 years, provided the child so long continues to live in the State (13021). Colorado has a similar provision. These provisions are apparently intended to be in aid of jurisdiction, but their effect is not entirely clear. 3. AT WHAT TIME THE PROCEEDING MAY BE INSTITUTED. Most laws allow the complaint to be preferred either when the woman is pregnant or after she has been delivered of the child. The institution of proceedings prior to birth is permitted in order to give an opportunity for compelling the defendant to give security for appearance and compliance with support orders. In some States, particularly in New Jersey and New York, provision is also secured for sustenance during confinement and the expenses thereof. In a few States (Arizona, Nebraska, Ohio, Oregon) the law permits at the first hearing a settlement with the mother b y payment or by giving security. 4. STATUTE OF LIMITATIONS. Many statutes set a limit of time for the institution of bastardy proceedings ranging from six months (Hawaii) to four years (Utah), counted usually from the birth of the child. A limitation thus counted fails to take account of a very possible contingency. The father of an illegitimate child may maintain It or contribute toward its support for the period specified in the statute and then discontinue his pay ments. Any statutory proceeding would thereafter he barred by the defense that the time for making a complaint had expired. This defect is met by making the statutory period of limitation count from the https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 36 ILLEGITIMACY LAWS. birth of the child, unless there have been payments toward its support, and in the latter event from the last payment or from the last acknowl edgment of liability. A number of States guard the limitation accordingly (so Alabama and Maryland). Mississippi saves theright of the supervisors of the poor to bring proceedings. If the begetting of a bastard child is made a crime, it will be necessary, in order to avoid the bar of the statute of limitations, to make nonsupport of the illegitimate child a distinct offense. This is done in Massachusetts. If the father’s obligation is looked upon as a continuing obligation in favor of the child, there is ground for excluding the statute of limitations altogether. 5. WHO MAY COMPLAIN. The parties that ordinarily come in question are the mother or expectant mother and the proper authorities, that would be charged with the support of the child. Under the Iowa law “ any one” may complain. Under such a provision conceivably a representative of some charitable organiza tion might act as complainant. The right might become objection able if the unofficial complainant or the county attorney conducting the case for him were authorized to compel the woman to disclose the name of the father. Such disclosure should be compelled only for , the purpose of relieving the public of the expense of caring for the child. Poor-law authorities are authorized to institute proceedings in many States, either concurrently with the mother or if she fails or. neglects to prosecute (so in Arizona, Connecticut, Nebraska, New Hampshire, Vermont, Michigan); and in New Jersey and New York they alone can institute proceedings. Their authority was also exclusive under the first English act. Such a power will be exercised practically only if the child is liable to become a public charge. In tha;t case it may become important to provide that the woman may be compelled to disclose the name of the father— a provision which is, of course, unnecessary if the woman acts herself as com plainant. This obligation to disclose exists in a number of States if the mother is unable to give security for the support of the child. (See, e. g., Arkansas, Maryland, Georgia, North Carolina, South Carolina, Tennessee; also 4 Wend., N. Y., 555, 1830.) Some States speak of the complaining mother as “ a woman,” others as “ a single woman.” The use of the latter term makes it doubtful whether a woman whose husband is living and undivorced can act as complainant. It is not easy to discover a clear policy favoring such restriction. In view of the strong presumptions in favor of legitimacy, frivolous or vexatious charges by married women are https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis COMMENT ON LAWS OF THE UNITED STATES. 37 unlikely.* On the other hand, it may easily happen that a deserted wife or one living apart from her husband may become a mother under circumstances which make it possible at common law to estab lish the illegitimacy of the child. The equities in her favor may be as strong as in favor of an unmarried mother, and certainly the case of relieving the public from the charge of support is equally urgent. In view of these considerations the term “ single woman” employed in the English bastardy acts has long been construed as including a woman living separate from her husband (see 1901, 1 K VB., 118), but American courts have failed to follow this construction (3 Dana, Ky., 453; 8 Vi., 70), and the term “ unmarried woman” could not well be so interpreted. West Virginia makes special provision for complaint to be made by a married woman living separate from her husband for one year or more. The question whether bastardy-support proceedings should be allowed in favor of a woman of ill repute is rightly treated not as one of right of action but merely of evidence. Louisiana and South Dakota seem to be the only jurisdictions making reference to this point, the former by providing that the oath of the mother is not sufficient to establish paternity, if she be known as a woman of dissolute manners or as having had unlawful connection with one or more other men before or since the birth of the child (art. 210); the latter, by admitting evidence of previous unchastity of the female {sec. 810). The analogy of seduction where previous chastity is required does not apply, for in bastardy proceedings it is the right of the child and not that of the mother which furnishes the primary consideration in allowing a cause of action. Unchastity is relevant, because it renders it difficult to fix the charge of paternity upon one particular man. Statutes sometimes speak of preferring the complaint in a district where the child is chargeable. This raises the question whether bastardy-support proceedings are admissible where the mother is able to bear the charge of the child’s maintenance. The connection between bastardy and poor-relief legislation seems to indicate such a restriction, but the equities on behalf of the mother favor a more liberal view. The limitation is clearly implied where only the poorrelief authorities have the right to institute proceedings, as in New Jersey and in New York. In Tennessee the statute is explicit upon this point. It provides (sec. 7347) that the county court shall make no provision for a bastard except when he is or is likely to become a county charge, and states (sec. 7348) that the object of the provision for the bastard’s support is to indemnify the county against the same. A number of States require bastardy proceedings to be conducted or prosecuted by a public prosecuting officer (county attorney, district https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis ILLEGITIMACY LAWS. 38 attorney, State's attorney); so Iowa, Kansas, Kentucky, Montana, North Dakota, Oklahoma, Utah, West Virginia, and Wisconsin; and this would be the regular course where the proceedings are , criminal. The majority of State laws are silent on the point. Under the recent legislation of Minnesota (1917) the State board of control is authorized to initiate all legal and other action to secure proper provision for the illegitimate child. 6. PROCESS AND PRELIMINARY HEARING. Upon a complaint in conformity to legal requirements (in writing, or reduced to writing by the magistrate, including oath charging some person with being the father) the justice issues process against the person charged. Unless the proceeding is purely a civil action, this process is a warrant of arrest and not a mere summons, and either by express provision or by the application of general rules this warrant may be served anywhere in the State. _ In most States the service of the warrant seems to be an indis pensable prerequisite for further proceedings. Indiana permits the complaint to be heard and determined though the defendant can not be found; but it has been held that constructive service can not be made the basis of a personal judgment (Moyer v. Bucks, 2 Ind. App., 591; Beckett v. State, 4 Ind. App.„ 136). In New Jersey, New York, Ohio, and Wyoming an order of attachment may be issued against property of a defendant who has absconded or conceals himself ; the property attached may then be sold to satisfy the order of the The problem of proceeding against an absent defendant will be discussed later on. . . ...... In Iowa where the proceeding is purely civil, as well as in Montana and Oklahoma, the filing of the complaint creates a hen upon the defendant’s real estate in the county, and an order may issue at taching his other property; in Indiana such lien on real estate is created if upon the first hearing a finding has been made against the defendant. , . Upon the service of the warrant the defendant is pometimes per mitted to give an undertaking for his appearance at the final trial; but ordinarily the arrest is followed by a preliminary hearing before the committing magistrate, who examines the complainant, and may hear evidence on behalf of the defendant; there is no power to require the defendant to testify.1 West Virginia requires a recognizance from the accused without any pro vision for a hearing. If no probable cause is found, the defendant is discharged; it has been held that this discharge is a bar to subsequent proceedings (5 Hill, N. Y., 443), i AlaVisrrta says the justice “ may examine the accused” (sec. 6366). https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis COMMENT ON LAWS OF THE UNITED STATES. 39 and this is expressly provided in Connecticut, subject to an appeal to a higher court (sec. 6006). If the examining justice finds a prima facie case for the com plainant, he binds the defendant over for trial. That is to say, the defendant must give security that he will appear at the trial and abide by the order of the court; sometimes also that he will indemnify the county from expenses. In New York and New Jersey the security also covers the expense of confinement; in Georgia it covers the entire expense of the maintenance and education of the child until it reaches the age of 14 years. If the defendant fails to give such security, he may be committed to jail. The security is by bond or recognizance in a sum fixed by the judge within statutory limits, which vary between $200 and $2,500, and generally required to be with sufficient surety or sureties. In Pennsylvania, under a law of 1917, the court may discharge, the defendant upon his own recognizance without security. Mississippi provides that others than the parties, officers, and witnesses may be excluded from the preliminary hearing. 7. TRIAL. The trial is in most States held after the birth of the child. A peculiar provision in Vermont says that a woman is not compellable to answer as to her pregnancy until 30 days after delivery (sec. 3123). In Massachusetts the adjudication may be made when the mother is six months advanced in pregnancy. In New York and North Caro lina, where the charge may be tried in the first instance (subject to an appeal) by the justice of the peace, this trial may likewise take place before the birth of the child, but on appeal to the sessions the de fendant must be discharged if the child is not born alive. The trial is often required to be conducted as in civil cases, which means among other things that it may be had in the absence of the defendant and that judgment may be based upon preponderance of evidence. A jury may be had on demand, but— the case not being criminal—is not indispensable to the validity of the judgment. Several States provide for the exclusion of strangers or the public from the trial, so Michigan (sec. 15700) and New York (Judiciary Law, sec. 4); in Minnesota the records of the proceedings are shielded from publicity (sec. 3225e). 8. EVIDENCE. There are few statutory provisions regarding evidence in bastardy proceedings. The English rule that the evidence of the mother must be corroborated (sec. 4 of act of 1872) has been incorporated in the recent act of Oregon (1917) but does not otherwise prevail in America. Louisiana forbids judgment in favor of the mother upon her own oath supported by proof of cohabitation with the alleged father out https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis ILLEGITIMACY LAWS. 40 of his own house, if she has had before or since the birth of the child intercourse with other men, or if she be known as a woman of dis solute manners (art. 210). The provision in South Dakota (sec. 810) that evidence of the previous unchastity of the female shall be admis sible goes beyond the rule of the common law where such evidence is admitted only to show the possible paternity of another (Corpus Juris, Bastardy, p. 990). Connecticut expressly permits evidence of good character in behalf of the person accused as being the father (SeC. 6014). r , •, A peculiar feature of the law of evidence in bastardy proceedings is furnished by the accusation in travail or extremity of labor:* Qn general principles the deposition of the mother, made against the defendant before trial without notice to him, would not be admis sible against him (1 Root, Conn., 154), but it might be different if the deposition were a dying declaration, and the statutes of Arkansas, Delaware, and Mississippi expressly admit such a dying declaration made in childbirth. - The accusation in travail which we find in the legislation of the New England States, of Pennsylvania, and of some other jurisdictions is, however, not a dying declaration, but simply a statement made eoncerning the paternity of the child during the labor of childbirth and constantly adhered to. Such an accusation was in the earlier New England legislation required as a foundation for bastardy pro ceedings, and later became merely admissible evidence, the woman being now allowed to testify as to her own statement (Akeson v. Doidge, 225 Mass. 574,114 N. E. 736), while formerly when parties in interest were incompetent to testify evidence of the accusation in travail had to be given by others (2 Mass. 411). The law of Tennessee on the subject of proof is altogether peculiar. If the mother upon oath accuses any man of being the father of the illegitimate , child, the person accused is, upon the hearing at the county court, adjudged the reputed father of the child unless he file an affidavit clearly setting forth that justice requires an issue to be made to try the truth of the charge. If the affidavit denies sexual intercourse with the mother of the child from the first of the tenth month to the first’ of the sixth month next before the birth of the child, it shall be received as evidence on the trial (secs. 7342, 7343). This provision can be traced back to a colonial law of North Caro lina (1741, ch. 14), which requires the defendant to be adjudged the father of the child upon the charge on oath of the mother. Even now in North Carolina the finding is required to be against the de fendant at the first hearing unless he deny the woman’s charge under oath (sec. 254), and the woman’s charge is presumptive evidence on appeal (sec. 255). ' The statement of the woman is also accorded special credit in the earlier French law (Beaudry-Laeantinerie, Personnes, No. 671). https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis COMMENT ON LAWS OF THE UNITED STATES. 41 9. JUDGMENT OR ORDER. If on the trial the issue is found against the person charged, the substance of the judgment against him is an order for support, although in some States the judgment takes instead thereof, or in addition thereto, the form of a fine. Expenses for confinement are expressly provided for in a few States (Arizona, Arkansas, Connecticut, Delaware, Florida, Georgia, Maine, Maryland, Massachusetts, Minne sota, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, and Wisconsin). The amount of the support is quite commonly in the discretion of the court or sometimes of the jury, without fixing any standard of maintenance either by the station in life of the mother or of the father. In some of the States, particularly in New England, the law merely requires that the father assist the mother in the support of the child. Where the civil obligation of support is thrown in general terms upon the father, as it is in California, care should be taken to see that the general law of parent and child places a concurrent or sub sidiary duty of support upon the mother, since otherwise she may be relieved entirely. The law of California covers this point clearly. The order or judgment is usually not for one lump sum but for annual, monthly, or weekly payments. Under some laws the person to whom the payment is to be made is not specified, the duty being merely to pay toward the support of the child, in which case the mother would be the natural recipient; sometimes the payment is directed to be made to her; in other laws, to designated authorities (clerk of court, poor-law authorities) or to a guardian of the child; sometimes, in thè alternative, to the mother, or if she be an improper person (or dead) to a person designated by the court (Indiana, sec. 1027); in Connecticut, to the selectmen, if the mother misapplies the money paid to her (6008) ; often 1‘in such manner as the coiirt shall direct.” It seems that a continuing discretion of the court is the wisest form of legislative provision to care not only for differences between individual cases but for varying conditions in the same case. In England under the act of 1844 (7 and 8 Viet., ch. 101) the pay ment was made to the mother, unless she was under special disabil ities (unsound mind, under sentence). The law was, however, changed in 1914 (affiliation orders act, 1914): All payments are made to a collecting officer of the court, and he may proceed for recovery of payments. The collecting officer pays to the mother or to such other person as is named in the affiliation order the amount paid to him without any deduction, his remuneration (not to exceed 5 per cent of the amount paid through him) being paid out of public funds. The payments under the English act are made weekly. The different State laws grant sums that vary greatly in amount. In North Carolina the judgment is for a fine of $10 and a single pay- https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 42 ILLEGITIMACY LAWS. ment of $50; Arkansas gives from $1 to $3 a month; South Carolina, $25 a year; Tennessee, $40 the first year, $30 the second, und $20 the third ; Maryland, which until 1912 allowed not exceeding $50 per year, changed the amount to $15 per month; Delaware allows $5 to $10 a month. The two most liberal States’ allowances are not exceed ing $250 the first year and $150 each of the next succeeding 10 years in South Dakota and not exceeding $200 for the first year and not exceeding $150 per year for the next succeeding 17 years in Utah. That the legislature in fixing low amounts did not on the whole run counter to prevailing sentiment appears from the indications that reported cases give as to the allowances fixed by the discretion of courts and juries. The earlier New York eases show amounts from 50 to 75 cents a week, and as late as 1886 we find a mention of $1.50 a week (40 Hun 320). In Iowa the supreme court has held $100 the first year, with $50 annually thereafter up to a total of $700, not to be excessive. . Nor do the. more liberal statutory amounts compare unfavorably with per capita allowances under mothers’ pensions laws. It is ap parent that the law of bastardy support is controlled by standards of poor relief! In any event the alimony is measured by the mother’s and not by the father’s position in life, and, although the laws may not express it in that way, it is in the nature o f an assistance to her. Under these circumstances it is, on the face, a radical departure in the new law o f Massachusetts o f 1913 to require the father to support his illegitimate child as though the child were legitimate. Even so, if the mother has the custody, the support is in practice apt to he measured by her standard of living, and a more explicit statutory direction would be necessary to overcome this inevitable tendency. A general civil obligation of the father to support the ilegitímate child, such as exists in California, is likely to work out in the same way. The duration of the support is fixed perhaps more commonly in the statute than the amount. Where no limit is stated, as in Kansas, the minority df the child would he the maximum period. This is the stated period in Massachusetts, and California also speaks of the minor child. Colorado, Mississippi, and Utah set the age limit at 18. If in these States the statutes can he construed as entitling the illegitimate child to support beyond the age o f self-support, they place such child in a position more favored than the legitimate child, which the father may by emancipation throw upon his own resources when he has become capable- of supporting himself. In Vermont the duty extends for the period during which the child is unlikely to be able to support himself. Under the ordinary law of parent and child the absolute duty of support would hardly extend beyond the age of 16, which would accord with advanced standards of childlabor legislation. This is the age limit set by the Wisconsin bastardy https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis COMMENT ON LAWS OF THE UNITED STATES. 43 law, while Georgia and Hawaii name 14, which is also the age most commonly found in recent child-labor legislation. Lower age limits are, however, encountered in bastardy laws: Twelve years in Mary land (until 1912, 7 years) | 10 years in Delaware, Florida, and Illinois; 7 years in Arkansas, and Tennessee provides for only three annual payments. Provisions regarding custody are rare, the assumption being gen erally that the mother will keep the child. A declaratory law to that effect was enacted in New Jersey in 1913. In Illinois and Utah the father is expressly declared to be not entitled to the custody of the child until the-child arrives at the age of 10, unless on notice to the mother and on full hearing she is found not to be a suitable person. This provision seems rather to imply that the adjudged father is entitled to the custody of the child by reason of his paternity. On principle, in view of the silence of the statutes and of the absence of any common-law right, the right of the father to the custody of the illegitimate child must be considered at least doubtful. The mother has the law of nature on her side. The matter should be set clear by explicit statutory provision, and the father’s right to custody should be made to depend on legitimation. 10. ENFORCEMENT OF ORDER. Peculiar provisions in addition to those for the enforcement of other judgments are called for by the periodicity of alimony payments and by the common irresponsibility of fathers of illegitimate children. The latter circumstance makes lien or attachment provisions, which are found in a few States, practically less valuable than methods which exercise a more personal pressure. It is the rule to require the defendant who is adjudged to be the father of the child to give security for the payment of the support. This is done through the finding of sureties. In default of such secur ity the defendant is committed to jail, and in several States the failure or refusal to comply with an order to pay is treated as contemptof court (Nevada, South Dakota, Utah). In many States (Illinois, Indiana, Maine, Michigan, Minnesota, Wisconsin, Wyoming) the imprisonment is clearly conceived in part as punishment, for it is only after a defi nite time has been served that the defendant on proof of inability is entitled to a discharge, his liability to pay being, nevertheless continued (Arizona, Connecticut, Hawaii, Michigan). Inability entitles him to discharge, the period of confinement varying be tween 90 days and 1 year, or being left to the discretion of the court (New Hampshire, New Jersey, New York). The discharge is without" prejudice to further proceedings in case of subsequent ability. In Iowa the provision for imprisonment under bastardy laws was, at an early date, held superseded by the constitutional provision https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 44. ILLEGITIMACY LAWS. ‘O against imprisonment for debt (Holmes v. State, 2 Iowa, 501, 1850), and that State relies under its present laws upon lien and attachment provisions; but in most of the States the imprisonment feature of the law has either not been questioned on constitutional grounds or has been sustained. In Indiana the constitutional protection: has been held to apply only to strictly contractual debts. (Lower v. Wallick, 25 Ind. 68, 1865.) Special facilities for compelling payment are furnished by laws which treat bastardy or the nonsupport of illegitimate children as a crime. Thus, in California, the convicted defendant may be employed on public works and an amount not exceeding $1.50 a day in pay ment for such work be applied to the support of the child. The law of North Carolina permits the defendant to bind himself out as an apprentice, the price being paid to the county treasurer. In Massachusetts the court may place the defendant on probation and suspend his sentence on condition of periodical payments for a term not exceeding two years. Upon violation of the terms of the order the suspended sentence may be enforced. A similar provision is found in Colorado. In Wisconsin the nonsupport act, which applies to illegitimate chil dren under 16, provides that the court may instead of imposing a penalty make an order for weekly.payments for a period not exceed ing two years to the guardian or custodian of the child or to a trustee appointed by the court, and may release the defendant upon his recognizance to comply with such order. Upon violation of the order, the suspended penalty may be enforced and any sum recovered upon the recognizance may be applied for the benefit of the child (R. St., 1917, sec. 4587c). To a siruilar statute (Laws 1917, ch. 51) West Virginia adds the provision that if a fine is imposed and not paid the parent may be required to do labor, for which a daily sum may be allowed to be applied for the benefit of the child. In Delaware (Code 1915, secs. 3033-3043) there may be a sentence to hard labor, with a daily allowance of 50 cents to be applied for the benefit of the child. In Pennsylvania (by law of 1917, No. 145) the order for the payment to the mother of the expenses incurred at the birth of the child may be enforced, upon failure to give a bond, by imprisonment at hard labor, in which case a daily wage of 65 cents is to be paid to a person designated by the court, or the court may discharge the defendant upon his own recognizance in the oustody of a probation officer;' and (by act 1917, No. 290) in proceedings for willful failure to con tribute to the support of an illegitimate child the court instead of ? imposing a fine may make an order for a periodical payment upon recognizance, with or without surety,‘and may suspend execution. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis COMMENT ON LAWS OF THE UNITED STATES. 45 -The provision for imprisonment at hard labor in default of pay ment of the judgment or of the giving of a bond is also found in Alabama (sec. 6377). 11. COMPROMISE AND SETTLEMENT. If the theory of bastardy support legislation were the enforcement of an antecedent, civil obligation of the father toward the mother, the right of the two to settle for the claim (subject to possible relief in case of fraud or overreaching) would logically follow. Where under the law the mother has the exclusive right to complain there is some plausible support for such a theory, although even then it may appear from other provisions that the mother is not the only party in interest. Where poor-law authorities are authorized to institute proceedings, the theory of the purely civil obhgation toward" the mother is nega tived, and the right to settle should on principle be denied;1 and a settlement would then be merely an important factor in determining the equities^ of the mother and-such discretion as court or jury may possess in fixing the terms of the judgment. -As a matter of legislative poKey, even a liberal payment made to the mother in good faith may be an unwise provision from the point of view of the child, although normally the certainty and finality of such a disposition will outweigh its possible disadvantages. In any event the matter is a proper one for statutory regulation. Only a few States recognize the right of the adult mother (making express exception for the infant mother) to settle with the father without any qualification (Indiana, Kansas, Oregon); a stated sum as the condition of a valid settlement is fixed in Utah ($500) and, in Illinois ($400). More commonly the settlement is subject to the approval of the court or poor-law officials, or liable to be objected to by the latter. In Minnesota and Ohio the compromise payment must be coupled with a bond to indemnify the public against possible charges for relief. 12. EFFECT OF DEATH UPON THE PROCEEDINGS. Most of the statutes contain no explicit provisions. In Maryland, when bond has been given by the father and he there after dies, payment may be enforced out of his estate, with a limita tion to $500, arid to one-half of a child’s intestate share (sec. 10 of act). In Indiana the right of action survives, if the putative father dies either before or after the commencement of the prosecution and after the-preliminary examination, against his personal representa»Nevada (sec. 765) provides that no complaint .shall be settled b y agreement of the mother and putative father. . . . . . . . https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis ILLEGITIMACY LAWS. 46 tives. A similar 'provision confined to death after the preliminary examination is found in Kansas and Mississippi.^ A number of States provide that the suit shall not abate by the death of the mother if the child be living, the interest both of the local authorities furnishing relief and of the child being as strong after the death of the mother as before, if not stronger (so, e. g., Hawaii, Indiana, Kansas, Maine, New Jersey, Ohio, Vermont, Wyoming). As regards the death of the child, it is hot uncommonly provided that it shall not abate the prosecution if the mother be living, but the court on conviction shall take the death into consideration and give judgment for such sum as it may deem just. So, after judg ment, the court mayjmake the appropriate reduction in the amount payable (so, e. g., Maine, Mississippi, Ohio, Wyoming). In Rhode Island special reference is made to the expense of lying-in, and of the support, sickness, and burial of the child. In Utah the death of the child, as well as a stillbirth, avoids a bond given. In New York likewise the prosecution is dismissed if the child is born dead. 13. THE PROBLEM OF THE ABSCONDING DEFENDANT.* In practically all foreign countries the enforcement of bastardy support is a purely domestic problem, and there is no need for legisla tion to attempt to deal with jurisdictional difficulties. It is other wise in the United States. Each State is for purposes of police legisla tion, civil or criminal, a sovereign and independent jurisdiction, and can act only upon subjects that are within its own territorial boun daries or owe it allegiance. The process of a State court does not by its own force, without the aid of interstate comity, reach those who are not within the State or residents of the State. Extradition is confined to criminal prosecutions. The United States is the only jurisdiction the scope of which is national, and the limits of the Federal Constitution do not permit national legislation dealing ade quately with bastardy support in general. The possibility of national legislation permitting, where the parties are citizens of different States, suits for bastardy support to be brought in a Federal court, and making a nation-wide judicial process available for such purpose, may be dismissed as being beyond the reach of practical policy. While thus the States are legally and jurisdictionally distinct, there is no social or economic separation. Travel and migration are easy, and to transfer one’s domicile to another State involves no serious sacrifice of habit or association, particularly in the case of young unmarried men. The problem is aggravated b y the fact that many of the most important metropolitan communities are close to or upon State boundaries, so that a change of residence to another State means hardly more than a change to another section of the same city. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis COMMENT ON LAWS OF THE UNITED. STATES. 47 How, then, can legislation deal with the case of the seducer moving into another State when confronted with the prospect of having to support an illegitimate child ? The discussion of available methods is confined to three alterna tives: The treatment of illegitimate paternity as a crime; the attempt to hold the defendant civilly liable though he can not be served within the State; and the transfer of the proceeding from the residence of the complainant to the residence of'the defendant. Bastardy proceedings as criminal prosecutions. Bastardy proceedings under most laws have a quasi-criminal character; they are often conducted by magistrates and courts hav ing criminal jurisdiction and the process which is used to bring the de fendant before the courtis the warrant of arrest and not a summons. Notwithstanding this the courts have generally held the proceed ing, which is provided for in most of the States, to be civil, and the trial is governed by principles of civil and not of criminal law. The fact of paternity is not in terms declared a misdemeanor, and under the usual type of law it would be impossible to make it the foundation of a demand for extradition of the alleged father. Exceptions from this ordinary type of bastardy legislation have long been known in America, and particularly in Pennsylvania bastardy legislation has from the beginning been criminal in form, the only provision for proceeding being found in a section making fornication and bastardy a misdemeanor. In 1913 Massachusetts abandoned the type of bastardy legislation which, as in other New England States, had come down from early colonial times and had remained in substance unaltered from the beginning of independent government, and made the begetting of an illegitimate child a mis demeanor. Where the matter is thus reduced to the terms of a criminal offense it would be logical to make the act of illicit intercourse itself a mis demeanor, as is done in Pennsylvania. Otherwise there is the curious situation that an act is not criminal, while the natural con sequences of the act are criminal, and yet it would be a crime to avert the criminal consequences of the noncriminal act. It is not a quite satisfactory answer to say that the legislature allows a person under such a statute to have illicit relations at his peril, taking cognizance of the forbidden act only as it results in a specific detri ment* to the community. Even if it is within the legislative power to lay down such a rule, its anomalous character may be an obstacle to its adoption. If illegitimate paternity is made a crime, the following conse quences should be considered, and, as far as possible, be guarded against: The woman would be an accessory to the offense, and care https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 48 ILLEGITIMACY LAWS. should be taken that her testimony be not thereby legally weakened; the man’s privilege not to testify would become an absolute consti tutional right; it would be impossible to proceed against the man by default; it would be more difficult to deal with compromise and settlement, since public offenses can notffie the subject of private agreement; it would becomes possible to prosecute the father even against the will of a mother unwilling to disclose his name and willing to assume the burden of the child’s support; the statute of limita tions— which for criminal offenses is usually a brief one—-would run from the time of the illicit act, or from the time of the birth of the child. In order to deal with this latter difficulty, it will be necessary to make nonsupport of the illegitimate child a distinct and continuing offense, as is done by the act of Massachusetts of 1913. While the above-mentioned difficulties are not insuperable, they call for more elaborate and qualified legislation, and the departure from the prevailing type should be offset by compensating advan tages. Such an advantage is supposed to be furnished by the possi bility of procuring the extradition of the. absconding defendant. But while it is true that the Federal Constitution gives the right of extradition for every crime, it is also true that there is a disinclina tion to extradite for misdemeanors as distinguished from felonies, and it is stated for Pennsylvania that extradition from other States on the charge of fornication and bastardy can not be procured. In the enforcement of family desertion laws the same difficulty— even if an imaginary one— was encountered, and the grade of the offense was therefore raised in some States to that of felony. The wisdom of this has been questioned, and it may he expected that legislatures will hesitate before making illegitimate paternity, which is now often not punishable at all, a felony. However, in 1917 this was done in Minnesota. Extradition would not be available for nonsupport unless the defendant had been since the birth of the child a resident of the prosecuting State. Absconding as the gist of the offense. A novel experiment in dealing with the problem on the basis of criminal law forms part of the comprehensive legislation on illegitimacy enacted in Minnesota in 1917. Chapter 211 of the Laws of 1917 provides that if issue is conceived of fornication, and within the period of gestation or within 60 days after the birth of a living child the father absconds from the State with intent to evade ^pro ceedings to establish his paternity of such child, he is guilty of a felony and shall be punished by imprisonment in the State prison for not more than two years. Should this form of legislation (changing, perhaps, the grade from felony to misdemeanor) be recommended for general adoption? https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis COMMENT ÒN LAWS OF THE UNITED STATES. 49 If the object of this legislation is to facilitate extradition, does the method chosen answer the purpose ? Absconding from the State is the gist of the offense. When and where is the offense complete ? Not until the person sets his foot beyond the boundary of the State and therefore is beyond its jurisdiction. Criminal legislation ordinarily stops at the boundary of the State. In order to be extradited, more over, the individual must be a fugitive from justice. That is to say, he must have been a criminal before he left the State if his offense consists in leaving the State, he can not be a fugitive when he leaves it. This is not a mere technicality, for it is unprecedented in our law to make it a crime to leave the State. In foreign countries there is the analogy of the offense of leaving the State to escape military service; but while a person who does this is treated as an offender, it has never been contended that he is a fugitive from justice, and it would be impossible to found a claim to extradition on the act of leaving the country, though it might be based upon the act of avoiding military service. Would the matter be mended by making it an offense to abscond from the county of residence ? Theoretically it might; but in many States little would be gained, for the great metropolitan communities of New York, Philadelphia, Cincinnati, Chicago, St. Louis, Kansas City, and others lie in border counties, and the individual might abscond without bringing himself within the law: Prosecution for abandonment and nonsupport. It has been observed before that an abandonment law which speaks of a parent and his child or minor child does not apply to the father with reference to an illegitimate child. Indeed the spirit and pur- ' pose of abandonment laws appear more adapted to the failure to perform the ordinary obligation incidental to the de facto family group. However, a number of States expressly include the illegitimate child in the protection of the abandonment acts (California, Colorado, Connecticut, Delaware, Massachusetts, Nebraska, New Hampshire, Ohio, West Virginia, Wisconsin). Pennsylvania (Laws 1917, No! 2 9 0 ) makes willful noncontribution to the support of an illegitimate child a misdemeanor. There must be considerable difficulty in applying either the term “ abandonment” or the term “ willful failure to support” to an illegitimate father who has not acknowledged the child before the paternity has been established by judgment, or even after judgment where the payment of a definite sum to the mother constitutes the entire duty of the father, and the statute fails to attach to illegitimate paternity or to the judgment establishing it a general duty of support. In Montana and Oklahoma such duty of support is expressly confined to the parent entitled to the custody of https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 50 IL L E G IT IM A C Y L A W S . the child. The duty to support the illegitimate child is predicated in general terms in Wisconsin, West Virginia, and Delaware and particularly by the law of Minnesota of 1917; in other States it follows from the penalization of nonsupport (New Hampshire,’ Colorado)., It must be questioned whether it is proper to cover in the same context and by exactly the same provision two such entirely different forms of delinquency as failure of duty with regard to a legitimate child, and with regard to an illegitimate child that has never been placed under the direct care of the father; as, e. g., under the law of California which provides (Penal Code secs. 270-270c) that it shall be a penal offense for a parent of a legitimate or illegitimate minor child to omit willfully, without legal excuse, to furnish necessary food, clothing, shelter, or medical attendance. There can be no objection to placing upon the person who has been adjudged to be the father of the child a general duty of support and then making nonsupport on the part of the adjudged father a penal offense.^ This is the law of Minnesota (1917).' Civil proceedings against persons who can not be served within the State. There is at present no American bastardy statute which provides for reaching a defendant who is outside of the State otherwise than by the attachment of property which he may happen to own in the State. / In the absence of specific statutory provision a defendant can not be served by publication (Moyer v. Bucks, 2 Ind. App., 591; Beckett v. State, 4 Ind. App., 136). It may be conceded as a matter of theory that a person who has left the State without ceasing to be. a legal resident of the State is still amenable to its jurisdiction and that judgment can be rendered against him upon service of process by publication and actual notice given to him outside of the State; but the legislative tendency is very strong against a personal judgment based upon such process in a common-law action. The tendency would be rather to proyide for an'equitable proceed ing, in which class of actions service of process b y publication* is more commonly resorted to, and therefore to make the proceeding primarily one to establish a fact (the fact of paternity), and sec ondarily to establish the existence of such obligations as the fact carries with it. In Illinois a bill was introduced in the legislature of 1917 embodying this theory.1 It provided that a bill of complaint in chancery may be filed for the purpose of establishing who is the father of the child. The defendant, if not in the State, may be served personally outside of the State and by publication, and if personally served without the State may be proceeded against by default. The judgment may i This bill did not become a law. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis C O M M E N T ON L A W S OF T H E U N IT E D STATES. 51 then establish that the defendant is the father of the child, and that as to such father the child is to all legal intents and purposes his child. The court may in addition decree reasonable support-and maintenance. The decree is to be conclusive evidence of the facts found in all subsequent proceedings, including criminal proceedings for nonsupport and like offenses. This proposed law purports to allow proceedings against persons residing outside of the State. It will be noted that the decree makes the child to all legal intents and purposes the child of the father “ as to such father,” Apart from the practical difficulties which such qualified legitimation would encounter in legislative bodies the State would have power only to fix, the status of the resident child, but not that of the nonresident father; in other words, the imposi tion of the obligation to support would be without jurisdictional foundation. If the child were to be treated as illegitimate there would be the further difficulty that the “ status” of illegitimacy carries at common law no rights whatever and that therefore the proceeding would characterize itself plainly as one to enforce a personal obligation of maintenance. Against nonresidents of the State the proposed law of Illinois would therefore fail of its purpose. It might be theoretically available against persons who while outside of the State continue to be residents of Illinois; but here the question of fact presents a difficulty. For a change of residence from State to State can be accomplished at the moment of migration, if there is an intent to that effect, and it would not be easy to disprove such intent against the oath of the defendant desiring to prove himself a nonresident. Civil proceedings in the jurisdiction where the defendant resides. The constitutional difficulty of establishing jurisdiction over a defendant outside of the State disappears if the proceedings for support are brought in the State to which he has gone. It would not be possible to permit a criminal prosecution in a State other than the one where the offense has been committed; and where the alleged father goes to another State, he does not commit an offense against the law of that State by not supporting a child which is outside the State. An obligation may, however, be made civilly enforceable although it has been contracted outside of the jurisdiction, and the opening of the State'courts to nonresident mothers for the institution of civil bastardy proceedings is a matter of legislative discretion. A State can not in this way afford relief to mothers left in its own jurisdiction by absconding fathers, but only to mothers of other States where the father is found in its own jurisdiction; but in a comprehensive scheme of uniform bastardy legislation the benefit of reciprocity may furnish a sufficient inducement and justification for legislation which, considered by itself, has a somewhat altruistic https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 52 IL L E G IT IM A C Y L A W S , , •; character. . Even without legislation, as a matter of comity, a State permits nonresidents to sue residents upon any transitory cause of action recognized by the common law. Ordinarily it will, of course, be more desirable for the mother to prosecute in her own domicile, but where the alleged father has absconded the difficulty of reaching him and enforcing a claim against him, either through equitable proceedings against an absent party or through criminal prosecution involving extradition, may easily outweigh the inconvenience of suing in another State and the possibility of this alternative would certainly be an advantage. Some States even now allow a woman to sue where the defendant resides or may be found. Even though these provisions may have been intended to enure mainly to the benefit of a woman residing in another district of the same State, their wording makes them appli cable in favor of a nonresident woman. Many States, however, rec: ognize only the jurisdiction of the woman’s residence or of the place of the birth of the child. It would be a simple and effective reform to make the jurisdiction of the defendant’s residence available by the legislation of every State. . Provision for both criminal and civil proceedings. California permits a civil suit to enforce support and also a criminal prosecution for nonsupport. This shows the possibility of cumula tive remedies. The prevailing type of legislation offers the advantage that the same proceeding may be used to establish paternity and to compel support by the combined resources^ of civil and criminal procedure. It would therefore be perhaps unwise to discard the present form of bastardy support legislation altogether. But in particular cases it may be desirable to sue to establish paternity or to enforce support by a civil action, or— after paternity has been established— to punish nonsupport and use the efficacious methods of suspended sentence and probation or of compulsory and com pensated labor. It ought not to be impossible to offer all these remedies to be used either cumulatively or in the alternative, as circumstances may dictate. This is no more than what is possible in the case of many other grievances which create legal and equitable causes of action and at the same time subject the wrongdoer to criminal prosecution. POSSIBLE CHANGES IN THE LAW IN FAVOR OF THE ILLE GITIMATE CHILD. 1. THE EXTENT OF THE PROVISION IN FAVOR OF THE CHILD. This is plainly inadequate in most of the laws. If the payments are not too low, the period of support is certainly in most of the States too brief. Legislation should consider child-labor policies and their effects; 14 years should be regarded as the lowest age at which the https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis C O M M E N T O N L A W S OF T H E U N IT E D STATES. 53 child can be expected to begin earning money/ and 16 years should be the normal age to which the duty of support should extend. If extended beyond that age in cases other than incapacity of some sort, the illegitimate child would occupy a more favored position than the lawful child, who ca;n be thrown on his own resources when capable of self-support. As regards amounts, the upper limits are, in nearly all States in which such limits are set, too low. It is true that where the allowance is entirely within the discretion of court or jury, the amounts awarded do not seem to exceed these limits. This would seem to indicate that the statutory amounts are perhaps not grossly at variance with prevailing sentiment. There appears to be no disposi tion to extend the generosity commonly shown to the woman in breach of promise suits to the child in bastardy proceedings. The measure of damages in case of breach of promise to marry is not controlled by any statute, but is entirely a matter of judicial practice, and it would be a new departure in legislative policy to force upon courts or juries a greater liberality in awarding support allowances than they are in the habit of granting at present. If such a policy were adopted it would be necessary to determine upon some standard. In breach of promise suits the wealth of the defendant is commonly taken as furnishing such standard. Applied to support proceedings, this would mean that the standard of the child’s maintenance would be governed by the father’s position in life. The German Civil Code makes the mother’s position in life controlling (sec. 170§). Considering that the child grows up with the mother and amidst her social sur roundings, an allowance much exceeding the needs of a corresponding support would be incongruous and might produce untoward results. The award of a lump sum to be placed in trust for the child, applying so much of the income as is needful to the child’s support, would probably be a wiser provision. Perhaps the best that can be done at present is to remove the low maximum limits, and leave the extent of support to judicial discretion to be guided by the circumstances of each case. Particular stress should be laid upon the care of the child at the time of its birth and during its early infancy, which are the most critical stages from the point of view of conservation of human life. The laws which require larger payments for the first year than for subsequent years recognize this. The like purpose would be served by permitting at the first hearing some provision to be made to cover expenses of confinement, but in advance of the determination of paternity by regular trial, nothing can be demanded beyond security, and a provision to that effect is found in a number of States.. In this connection should also be noted the legislation for the con trol and supervision of institutions which are apt to have the first https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 54 IL L E G IT IM A C Y L A W S . care of illegitimate children, sy.ch as maternity hospitals,, children’s homes, etc. In Massachusetts persons receiving illegitimate, children» for hoard are required to notify the State hoard o f charities, which may exercise a general custody for the benefit o f the child (eh* 83r secs. 17, 18). Massachusetts has also a provision (ch. 83, sec.. 13), whereby the mother of an illegitimate child under 2 years of age may, with the consent of the State board o f charities, give up the infant to the* board for adoption;, and the board may in its discretion receive, the infant. The surrender operates as a. consent to any adoption subse quently approved by the board. 2. PROVISIONS FOR GUARDIANSHIP AND PERMANENT CARE. Any comprehensive scheme o f reform: should consider the creation; of an official guardianship, in order to do full justice to- the varying, and' developing circumstances of each; case, and to standardize the, legal duties of fathers toward the illegitimate offspring, The legislation of Minnesota of 1917 marks an important step in this direction. Chapter 194 is entitled: An. act to give the State; board o f control general duties for. the protection of defective, illegiti mate, dependent, neglected, and delinquent children, with authority to act as guardian of children; and to provide for child-welfare.boards in the several counties* o f the State to aid in. the performance of such duties. The powers of legal guardianship extend; to. cases of children committed to the hoard or to institutions under, its manage ment by courts of competent jurisdiction. Under the revised juvenile court act of 1917 (ch. 397) the term “ dependent child” in cludes every illegitimate child,, and every such, child is. therefore subject to commitment to the State board. The same actr how ever, also provides- that the child shall, not he taken, from its* parents without their eonsent,. unless the separation shall he* found needful to prevent serious detriment to the welfare of. the child. Where the mother is* faithful and only the father is delinquent in. his duty the power would therefore seem normally inoperative.. Section 2, which does not speak of legal guardianship^ is, more valuable to the child. It. charges the State board o f control; with a general duty to take care* that the interests of an illegitimate child are safeguarded and that there is secured, to him-, thenearest possible approximation to? the. care, support,, and education that he would be entitled to if. born of lawful marriage. For this purpose the board, is given power to initiate legal and other action, and to make such; provision as the interests of’ the child from time to time, require. These, phrases, though liberally con strued, fall short of the powers of legal guardianship«;, but even under a conservative construction,, they permit the. exercise of active https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis C O M M E N T ON L A W S OF T H E U N IT E D STATE S. 55 and continuing supervision and advice such as no other American legislation provides for. f Much will depend upon the administrative organization placed at the disposal of the board. It may appoint and fix the salaries of a chief executive officer and such assistants as shall be deemed neces sary to carry out the purposes of the act. For a reasonably adequate solution of the problem of the illegitimate child, local as well as State organs are indispensable, and these are provided for Jn sections 4 and 5. Upon the request of a county board, the State board may appoint a child-welfare board for the county. This board consists of three members appointed by the State board (two women; in the larger cities five members), and a member of the county board and the county superintendent of schools ex officio; the three appointed members hold at the pleasure of the State board, and the State board determines the duties of the county child-welfare board. The county child-welfare board- appoints a secretary and executive assistants; and, with the approval of the county board, fixes their salaries. Where there is no child-welfare board the judge of the juvenile court may appoint a local agent to cooperate with the State board, whose salary is fixed by the judge, with the approval of the county board. Under these provisions, while the local organization is not absolutely compulsory, there is at least a reasonable assurance that there will be a local agency wherever needed. The State board is further aided by a provision in another law (1917, ch. 212) to the effect that the officer in charge or licensee of any hospital in which a pregnant woman or woman with a newborn child, or such child, is received for care shall use due diligence to ascertain whether the child is legitimate, and, if there is reason to believe that the child is or will be illegitimate^ that he shall make report to the State board of control (sec. 8). It is to legislation of this type that we must look for the most effec tual enforcement of illegitimate support legislation. 3. POSSIBLE IMPROVEMENTS RELATING TO THE STATUS OF THE CHILD. A survey of the entire legislation concerning the status of the illegit imate child (aside from the ordinary support proceedings) suggests the desirability of providing in all the States for— 1. A declaration that the issue of null marriages is legitimate. 2. A proceeding to establish legitimacy or illegitimacy. 3. Legitimation by subsequent marriage of the father and mother, where the father acknowledges the child. 4. The possibility of voluntary legitimation after the death of the mother, or where marriage or adoption is impossible. 5. The possibility of adoption by the father. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis £6 IL L E G IT IM A C Y L A W S . ;6. A declaration that the relation of mother and child is the same whether .the child is legitimate or illegitimate. Can the law safely go further and give the child the status of a legitimate child with reference to the father ? It has been seen that this has been attempted in North Dakota. There an act of 1917 declares every child to be the legitimate child of the natural parents, entitled to support and education, and to inherit from the natural parents and their kindred, and merely withholds the right to dwell with the father’s family if the father is married to some other woman. So it has been proposed in Illinois to give the decree in bastardy proceedings the effect of making the child " t o all legal intents and purposes1” the child of the father as far as the father is concerned. The practicability of such legitimation of the child by the fiat of the law should be carefully scrutinized. The normal legal relation between parent and child involves the social foundation of a lawful or de facto marriage; without this, it is in fact a different relation-—a fact which no dictate of legislation can alter. It is true that where, upon a divorce, the child is awarded to the mother it has the status of a legiti mate child of the father without the corresponding social habitat, but there is the essential difference that in this case the father who is de prived of the custody normally still retains his parental affection and interest, while in the case of the illegitimate child the father refuses to admit the child into his household from the very beginning of its life. If the legislator declares the child born out of wedlock the lawful child of the father, he should have a clear realization of the implica tions of such a provision and consider particularly what follows with regard ~to custody, rights of inheritance, and name.2 It has not been suggested that legislation should require the father to assume the custody of the child. The infant of tender years is naturally left to the mother in its own interest, and the father would frequently be in no position to give it proper care. Illinois gives to the father a right to the custody of the illegitimate child when the same has reached the age of 10; and before, if the mother is unfit. A requirement that the father assume the custody of the child approach ing the age of adolescence would create a legal obligation novel and without precedent; for the father may now give iip the custody of his lawful child, so long as he provides for its maintenance and support. A duty of custody is unknown to our law, and if it is impracticable •The proposed hill did not becom e a law. 2E ven as regards maintenance the illegitimate child has, in some respects and in the absence of nonsupport or abandonment laws, more effectual remedies than the legitimate child. The law of Tennessee therefore finds it necessary to p ro v id e (s .7353): “ The judgment ofth e court against the defendant is not satisfied, nor the defendant and his sureties exonerated from liability, b y ,the defendant subsequently legitimating the child according to law .” Recent legislation in many States has, however, altered the law to the ad vantage oi the legitimate child. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis - C O M M E N T O N L A W S OF T H E U N IT E D ST AT E S. 57 to create it with regard to the lawful child, the difficulty of establish ing it with regard to the illegitimate child may be well considered insuperable. Even the unqualified right under the law of Illinois to assume the custody of the illegitimate child of 10 is a questionable provision; the right of custody should be conditioned upon legitimation, and legis lative provision should be made for legitimation where, as jn Illinois, it is now lacking. Where the father has a lawful wife and legitima tion is permitted without her consent, still she must have a right to object to the child’s being taken by the father into the common household. Legitimation by decree would involve a right of intestate succes sion. If that be regarded as a dictate of equity, it should still be borne in mind that the right can be nullified by testamentary disposi tion. That right the father has with regard to his lawful child, and legislatures will hesitate to give the illegitimate child a preferred status. If a case could be made in favoruf such preference it would imply the introduction of the principle of forced inheritance into our law, with a mass of complicated adjustments that would have to be worked out with great care. There is no serious thought of such a radical step; without it, the inheritance phase of statutory legitima tion is a precarious gift. It remains to consider the question of the name. Wisconsin in 1915 amended the vital statistics law by providing that where in bastardy proceedings the paternity of a child is determined, dihe child shall be given in the birth report the name of the father. A birth report is required to be made within five days from the birth, while bastardy trials do not take place until after the birth; the patern ity will therefore ordinarily not be determined until after the report of the birth has become due. It is also implied rather than expressed that the father’s name shall be the legal name of the child. It would, however, not be difficult to frame an adequate provision bestowing the name of the father upon the illegitimate child. Should this be a privilege of the child, or a requirement ? And if the former, should the privilege be exercisable by the mother for the child once for all, or should the child be allowed to assume the name of the father on arriving at years of discretion ? „ A legal requirement that the child bear the -name of the father should be considered with a view to the possible consequence that it might advertise the child’s illegitimacy, in contravention to the policy of the law that the faet of illegitimacy shall not be needlessly dis closed. The child naturally lives with the mother, who has no right to the father’s name; a different name of her child would naturally raise a question which she might be desirous of avoiding. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 58 IL L E G IT IM A C Y L A W S . The assumption of the name is also an empty privilege, if unaccom panied by more substantial rights. Its practical effect may be ex pected to be that the child will relinquish the use of the name for a consideration; and the legislator ought to bear this possible conse quence in mind. It thus appears that the practical consequences of assimilating the status of the illegitimate child to that of a legitimate child are limited. And" this is what may be expected of an attempt to alter by legisla tion social conditions and concepts. Everything should undoubtedly be done that is within the legisla tive power, to alleviate the hardship and stigma of illegitimacy, but the limits of practical legislative power should be considered. Where legislation can affect social sentiment it should do so; and even such a matter as terminology should not be neglected. The term bastardy should disappear from our law; filiation or affiliation proceedings would as well express the usual proceedings for the support o f illegiti mate children, and support orders are at present designated as affilia tion or filiation orders in England, New York, New Jersey, and Dela ware. And the term “ natural child” would be preferable to either illegitimate or bastard. It should also be seriously considered whether it is not possible to keep any reference to illegitimate birth from public records other than those of proceedings in which legitimate or ¿legitimate paternity is directly involved. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Tabular analysis o f American Illegitimacy Laws. Presumption of legitimacy. State. V oid marriages and divorce. Legitimation b y marriage of mother and father. Miscellaneous status provisions. Child and mother. Child and father. Father of illegitimate child m ay legitimate it b y proceedings before probate court; at tim e of this legitimation he m ay have its name changed b y giving its then know n name and the one b y which he wants it known. Jurisdiction. Civil or criminal.' Designa-, tion. Courts and locality o f jurisdiction. W ho may make complaint. Where the mother resides or where the child is b o m , county. Preliminary proceedings before justice. Trial be fore circuit court. A n y single woman. Time of complaint and trial. tation. Lim i Process. Preliminary proceedings. Trial. Evidence. Compulsion to disclose name of father. Accusation in travail. Judgment. H ow and to whom paid. Period of payment. Amount. Period of support. Provisions in judgm ent as to name and status. Enforcement. Security. Lien. ALABAM A. Issue of incestuous marriages before same are annulled, not deemed ille gitimate. Issue of marriages di vorced for antenuptial pregnancy of wife, illegitimate. Subsequent marriage of parents of il legitimate child legitimates it. See note 3............................................................. See note 6. A t time father legitimates child he m ay change its name, stating its then known name and the one b y which he wishes it known. Illegitimate child inherits from mother as if legitimate. Mother of illegitimate child or her kindred inherit from illegitimate child in case there are no children or descendants of children from illegitimate. A L A SK A i. Children of annulled marriages, legiti mate. Issue of bigamous marriages contracted in good faith, legitimate if party lives w ith spouse after im pediment removed. Subsequent marriage of parents legiti mates illegitimate child. See note 3............... ....................................... . See note 5. Power of mother to bind her child, legiti mate or illegitimate, ceases in case of her subsequent marriage. Inherits from mother and transmits inherit ance to her b ut does not inherit as repre senting mother. A R IZ O N A . Issue of null marriages legitimate. Subsequent marriage o f parents legiti mates illegitimate child. See note 3.................... , ....................................... See note 6. Guardian of person or estate of child b o m or likely to be born illegitimate m ay be ap pointed b y mother. Illegitimate child inherits from and through ite mother. Father of illegitimate b y publicly acknowl edging it adopts it. County where mother resides. Justice for preliminary trial; superior court for trial. A n y woman pregnant w ith or deliv ered of bastard, or board of supervi sors o f county where she resides if child is likely to becom e a public charge. Before or after birth. ARKANSAS. Issue o f all null marriages deemed le gitimate. Children of marriages sol emnized b y any minister, justice of peace, or m ayor m ade legitimate. Subsequent marriage of parents and recognition b y father legitimates ille gitimate child. See note 1 ............................................................. See note 5. See note 6. If there is no lawful father, mother is natural guardian of illegitimate child. Abandon ment statute applies to child “ legitimized b y lawful wedlock.” Petition to take child away from improper parents must give name of mother if child be illegiti mate. Inherits and transmits inheritance on part of mother, as if legitimate of mother. Recognition of child b y father after mar riage to mother of illegitimate, legiti mates such illegitimate. The county court of county where mother resides. A n y woman pregnant with or deliv ered of bastard child. Complaint m ay be made before or after W arrant. birth. Trial after birth. Issue of all null marriages legitimate. I f divorce be granted for adultery of wife, children begotten before com mission of act, legitimacy not af fected; i f begotten after act, legiti m acy determined b y court upon evi dence o f case; i f divorce be for adul tery o f husband, legitimacy o f chil dren begotten before suit begun not affected. Subsequent marriage of parents with proper acknowledgment b y father legitimates illegitimate child. See note 1............. .............................................. . See note 2. See note 6. Mother of illegitimate child m ay appoint a guardian for such child b y will or deed. Children to be cared for in foundling asy lums which receive State support include illegitimate children. Mother of unmarried illegitimate minor en titled to its custody, services, and earn ings. Father as well as mother of illegiti mate child must educate and support it. Failure to d o so is a crime. Illegitimate child inherits from mother. _If illegitimate child not adopted or legitimated, estate goes to its issue; i f no issue, estate goes to mother of illegitimate. Father as well as mother of illegitimate child must educate and support it. Failure to d o so is a crime. I f father jrly acknowledges illegitimate, latecomes his heir. Proper acknowl edgment o f illegitimate b y father after marriage to its mother legitimates such ch ild ; also public acknowledgement b y father and reception into his family le gitimates illegitimate. See note 3............................................................. See note 5. See note 6. . . ... Mother o f illegitimate child m ay bind it as apprentice. This power ceases if mother later marries. Abandonment statute ap plies to illegitimate children b y express m ention of them. Inherits from mother as if legitimate. If Man must support illegitimate as well as legitimate children. I f father recognizes w idow and children or husband and chil illegitimate child after marrying its dren survive illegitimate, property passes mother, child inherits as if legitimate. to survivors; i f no children left b y illegiti mate, property passes to surviving spouse; if no surviving spouse or children, prop-, erty passes to mother of illegitimate; if none o f these left surviving, property passes to next of kin of mother of illegiti mate. County where mother resides if child is unborn; after birth, cou nty where child is b om . Justice for prelimina ries, district court of county for trial. A n y single woman. Before or after birth, but no proceed ings after child is 12 months old. W arrant. Preliminary hearing and examination before justice in presence («accused. If probable cause foundi accused must give bond to appear at next term of district court. Trial b y ju ry . B oth parties are competent witnesses.. If verdict is for accused, he is dis charged and the woman pays the costs. If verdict against accused, such damages are named as ju ry deems proper for support of the child. Sum m ay be paid annually or otherwise. Concealment of pregnancy and delivery in secret or endeavoring to conceal birth o. illegitimate ch ild, crime. W hen either parent of ch ild, legitimate or I See preceding colum n, illegitimate, is able to contribute to sup port of such child w hich has been com m itted to cou nty temporary hom e, parent | m ay be com pelled so t o contribute. Chil dren born before marriage whose parents afterwards intermarry are deemed legiti mate and inherit equally w ith other children. Complaint is m ade to justice or com missioner of superior court where m other resides. Trial is held b y court of com m on pleas or superior court. A n y woman pregnant w ith or deliv ered of bastard child, if m other does not and town is not indemnified, it shall bring proceedings. Before or after birth. Complaint must be w ithin three years after birth of child. W arrant. Warrant is issued b y justice or com missioner of superior court if m other furnishes certificate of reputable physician that she is pregnant w ith or delivered of bastard. If court finds no probable cause for binding defendant over, complainant m ay - appeal. Court shall then bind defendant over to common pleas or superior court as i f probable cause had been found. Trial b y ju ry on request of either party. I f m other fails t o carry on proceedings after com plaint, tow n m ay do so. If after complaint m other continues constant in accusation, it shall be admissible. The good character of the accused is admissible or bad character is rebuttal. If judgment is against accused, he shall be charged, together with the m other, w ith the maintenance of the ch ild and for half the costs of confinement. The amount to be paid in weekly installments is in the discretion of the judge. If court finds no probable cause, it shall be a bar to future action. See note 3. Abandonment statute applies expressly to illegitimate children. U pon application of putative father justices m ay bring illegitimate ch ild before them and bind it i f th ey think proper. I f female apprentice bears illegitimate ch ild during her term , she shall serve one year after original term and forfeit freedom dues. Neglect of illegitimate child b v either father or m other, misdemeanor. I f illegitimate dies intestate and w ithout lawful issue, property passes t o m other of illegitimate If she be living; if she be dead, property passes t o her heirs. I f m other of illegiti m ate dies intestate, property passes to such illegitimate and t o its heirs if such illegitim ate has died; if no such lawful issue of illegitimate, property goes t o heirs at law of deceased m other. Justice for trial. A n y woman pregnant w ith or deliv ered of bastard child. A n y justice on own knowledge or information that woman has been delivered of bastard shall cause her t o com e before him and discover the father or give bonds to indem nify trustees of poor. Upon failure t o d o either he shall commit her t o jail. Complaint before or after birth; trial after birth. W arrant, Justice has com plete jurisdiction to try the case; but from his decision an appeal lies on behalf o f the accused t o the court of general ses sions. In this court trial is b y jury. B oth parties are competent witnesses. If the m other is dead at the tim e of hearing, her accusation in travail persevered in as a dying declaration is admissible. The m other’s depo sition is admissible where she is unable to attend. If judgm ent is against accused, he shall be ordered to p ay $10 for con finement expenses, $10tothe attend ing physician, and not less than $5 nor m ore than $25 per month to m other or custodian of the child. Costs are paid b y the defeated party. 15 years. Accused must give recognizance in sum of $1,000 for performance of judgment. Children b o m in wedlock presumed le gitimate. Children of wom an who has been married b o m within 10 m o n th s after dissolution of marriage, presumed legitimate children of that marriage. Presumption o f legiti m acy can be disputed only b y hus band or wife or descendant of one or both of them. C A L I F O R N I A .... COLORADO. Divorce in no wise affects legitimacy of any child of marriage nor child’ s right to inherit the property of its father and mother. C O N N E C T IC U T .. If marriage void , superior court m ay so declare and m ay then m ake such orders in regard to the children of such marriage as i t m ight in a d i vorce proceeding between the con tracting parties. Children begotten before beginning of divorce action presumed legitimate. D E L A W A R E .. D IS T R IC T L U M B IA . OF CO F L O R ID A . Subsequent marriage of parents legiti mates illegitimate child. In divorce proceedings b y wife legiti m acy of children begotten before suit begun not affected; if action be b y husband, legitim acy of children be gotten before commission of ofEense charged not affected; legitimacy of other children m ay be determined as one of issues of case. Complaint m ay be before or after birth. Barred after 1 year from birth of child unless accused has in meantime acknowledged or sup ported child. W arrant. Hearing before justice. Ifheftndsreasonable cause, accused must give bond to appear in circuit court. Trial in circuit court. R Neglect of illegitimate child b y either father or m other, misdemeanor. Father is accountable to trustees of p oor for maintenance of his illegitim ate child until latter is 10 years of age. Warrant m ay be exe Hearing before justice. If accused cuted anywhere in pays or secures to be paid to com State. plainant such amount as she fixes, approved b y supervisors, and pays cost o f prosecution and expenses in curred b y county in lying-in of mother and gives bond to indemnify county against maintenance of ch ild , he is discharged. I f accused does not do these things and there is prob able cause to believe him guilty, jus tice requires bond that fie will ap pear before superior court; if he gives no bond, he is sent to jail. Trial in superior court. Trial held at least 24 hours after arrest of accused. Accused m ay demand jury. Death of child cancelsbond and vacates judgm ent. Marriage of parents has same effect. State. ALABAM A. Accused, if found guilty, must give bond to secure carrying out order of court; if fails to give such, he is sent to jail. Ifim prisoned90daysandcan not pay, he m ay apply for discharge b y giving proper notice. I f upon hearing it appears that he ca n n ot pay, he is discharged. I f later he becomes able, he m ay be compelled to make payments. If accused found guilty, he must give bound to county for maintenance of child, costs o f prosecution, and all expenses o f lying-in and care and support of m other. Maximum amount allowed for support of ch ild , $600. Mother competent witness. I f mother dead at time of trial her declaration made in travail and proved to be her dying declarations are admissible. Judge of county court m ay com pel mother to disclose name of father; on her refusal she must give bond for support of child or go to jail. I f judgm ent against accused, he is or dered to pay for confinement ex penses of mother from $5 to $15 and for costs o f case. I f claimed b y the mother, accused shall be ordered to pay from $1 to $3 per month. 7 years. N ot more than 18 years Board of supervisors, either before or after judgm ent, m ay make equitable compromise and thereupon dis charge accused from all liaDility for child’s support. Confinement expenses and costs must be paid at once or judge m ay com mit. Bond shall be g ven to secure paym ent of m onthly dues. A R IZ O N A . After death o f accused judgm ent m ay be revived against executor or ad ministrator. ARKANSAS. The court m ay enforce order for sup port b y requiring reasonable secu rity. The convicted defendant m ay be em ployed on public works and $1.50 in paym ent for such work m ay be applied in the support of child. C A L IF O R N IA . Execution m ay be issued annually if the sum is to be paid annually. COLORADO. Accused must give security binding him self to p ay the judgment. On failure to d o so he is imprisoned-for six months before he can be released as a poor debtor. After release he continues liable. Settlement can not be m ade without the consent of the tow n unless it is indemnified. The tow n m ay settle where it has brought the proceed ings. C O N N ECTICU T. DELAW ARE. I f m an marry m other of antenuptial ch ild and acknowledge such child, latter is legitimated and is capable of inheriting and transmitting prop erty as if legitimate. See note 4. Decision holds that abandon m ent statute applies only to parents of lawful children and not to parents of illegitimate children. Illegitimate children inherit from mother and from each other as if legitimate. If illegitimate ch ild dies leaving n o descend ants or brothers and sisters or descendants of brothers and sisters, m other of illegiti m ate entitled as next of kin or heir; if m other of illegitimate dead, next of kin or heirs of m other take as if child legitimate. Illegitimate children or issue of such can not take b y descent any interest in real estate of m other when latter is incapaci tated from making a will and so remains until her death. T he juvenile court of the District has jurisdiction i f the ch ild is born in the District or the m other is a resident of the District. The mother; the board of charities; next friend. Complaint before or after birth. Com plaint can not be brought tw o years after birth. W arrant. Preliminary proceedings before the judge of the juvenile court, includ ing examination of the accused. Trial even in absence. A m ount of judgm ent is in the discre tion of the court. 14 years. Judgment can be enforced b y im prisonment. Accused m ay be re leased after six m onths lor insol vency. I f ch ild dies and amounts due on bond be paid or amount due up t o date of ch ild ’s death be paid , person ad judged to be father of cn ild and his sureties are discharged. D IS T R IC T OF C O LU M B IA . Issue of marriage between w hite and negro illegitimate. D ivorce does not render issue b o m during m ar riage illegitimate unless one of par ties had spouse living at tim e o f marriage sought t o be annulled; in that case marriage v o id ab initio and issue illegitimate. Subsequent marriage of parents legiti mates illegitimate child. See note 3............—.............................................. See note 5. See note 8. Abandonment statute applies to “ any m other required b y law to care for and support her ch ild .” Illegitimate children are capable of inherit ing and transmitting inheritance on part of m other as i f legitimate. W here the m other is or where the ch ild is bom . The justice for pre liminaries; the cou nty court for trial. Single woman. Proceedings m ay be started before or after birth. W arrant. Preliminary hearing before the justice. If sufficient cause appears, accused is bound over w ith security to ap pear for trial in the circuit court. Trial b y jury. If judgm ent is against accused, he shall be ordered to p ay expenses of confinement and not exceeding $50 per year for the support, mainte nance, and education of the child. 10 years. Must give bond to the prosecutrix; execution m ay issue on this bond as often as m oney becomes due under the judgm ent. On failure to com p ly defendant is imprisoned for term specified b y court for not longer than one year. Death o f the ch ild makes the bond void. Subsequent marriage of the parents has similar effect. F L O R ID A . Mother must give security of $750 for support of child or discover on oath the father of the child. See under heading, “ Preliminary pro ceedings.” 14 years. If the father does n ot give security, he m ay be indicted. Failure to give the security is a misdemeanor, but any fine collected thereon goes toward the maintenance of the child. The bond taken b y the justice is sent to the ordinary of the county where thq mother resides. W hen any child becomes chargeable to the county, the ordinary gets judgm ent for the full amount of the bond. Mother shall be admitted as witness and m ay be compelled to testify. Her accusation in time of travail is admissible at the trial to corroborate her testimony. I f finding is against accused, he shall be ordered to pay in such installments as seem best, considering his finan cial ability, for the maintenance of the child. 14 years. If accused fails to pay or to execute bond, he shall be imprisoned; he m ay be discharged for m solvency. Marriage of mother and reputed father with recognition of child as his ren ders childlegitim ate and it takes name of father. See note 4...................... ....................................... See note 5. See note 7. Issue of marriage of colored parents b o m be fore emancipation legitimate child of m oth er; such child is legitimate child of father only if b o m during wedlock. Ordinary m ay appoint guardian for person and prop erty of illegitimate when deemed necessa ry. Bastard defined as child b o m out of wedlock whose parents d o not later inter m arry or child of adulterous intercourse of wife during wedlock. Mother of illegitim ate ch ild is entitled to its custody until legitimated b y its father. Hlegiiimate chiM mherits from m other and transmits inheritance to her. Illegitimate children of same mother inherit from each other and equally w ith legitimate children. Father m ay legitimate child b y order of court on petition of father, notice being given to the mother. The father of an il legitimate child m ay be com pelled b y the State to support it. Marriage of mother and reputed father w ith recognition of child as his renders illegitimate child le gitimate and it takes surname of father. Justice to decide question of parentage; superior or county court if the father fails to give security for support of the child or the mother refuses to dis cover name of father. County where mother resides or child is bom . Justice on own knowledge or upon in formation under oath, where the child may become chargeable to the county. Proceedings m ay be started before or after birth. W arrant. Justice hears affidavits and testimony of b oth parties and m ay recognize or discharge either or both. He m ay require the putative father to give se curity for support and education of child, also expense of mother’s con finement. U pon failure to give such security the justice binds accused over under bond to appear before su perior or county court. See preceding colum n. H A W A II. I f divorce is granted for adultery of wife, issue is presumed legitimate, but, if questioned, is tried and deter m ined b y the judge. If divorce is for adultery of husband, no effect on legitimacy of issue of marriage sought to be dissolved. (See also preceding colum n.) Issue of a marriage annulled for insanity or infancy deemed legitimate issue of party capable of contracting. Chil dren of incestuous marriages illegiti mate. Marriage of parents legitimates illegiti mate child. See note 3.............................................................. See note 5. Illegitimate child bears m other’s napie and she must support it during its m inority. W orkm en’ s compensation statute applies expressly to illegitimate children acknowl edged before the injury. Illegitimate child inherits through its m oth er. Illegitimate child can not inherit from male parent without express bequest. If marriage annulled because of previous marriage, one party being in good faith, children inherit as if legitimate. If illegiti mate child dies intestate without leaving lawful issue or widow, estate goes to its mother; if leaves widow, she takes onehalf and m other one-half; if m other not living, w idow takes one-half and one-half goes to brothers and sisters of illegitimate; if no brothers and sisters, one-half goes to brothers and sisters of m other; if none of these relatives survive, estate goes to next of kin. If marriage annulled account previous mar riage, one party acting in good faith, chil dren inherit as if legitimate. Territory. Juvenile court for prelimi nary proceeding and trial. Judges of circuit court m chambers subject to appeal to circuit and supreme courts have power to decree the filia tion of bastards. This action must be brought where parents or either parent or children reside. Petition for filiation must be sworn to. A n unmarried wom an or her parents or guardian or any person as next friend of bastard. W hen the woman is quick w ith child or after birth. Proceedings must be started within 6 months, omitting time the accused is absent from terri tory. Trial after birth. W arrant. Judge exam inesinto the character and married or single condition of the mother when child was begotten, time and place of conception, where and when b om , and such else as he deems necessary, the applicant be ing exam ined under oath. On demand of accused trial is b y jury, otherwise not. Trial m ay proceed in absence of accused thoughbond is forfeited. If divorce granted for adultery of wife, children begotten before commis sion of act n ot affected as to legiti m acy; legitimacy o f other children of wife m ay be determined b y judge upon evidence of case. I f marriage void because of insanity or previous marriage, issue legitimate. Subsequent marriage of parents legiti mates illegitimate child. See note 1......................................- .................... See note 3. See note 6. <‘ Child ’ ’ in workmen’s compensation statute includes acknowledged illegitimate child. Mother only m ay appoint guardian for ille gitimate child. Illegitimate child is heir of m other but does not represent father or mother b y inherit ing any estate of his or her kindred, lineal or collateral, unless before child’ s death parents intermarry and father acknowl edges child as his. In this case illegitimate and legitimate children are deemed broth ers and sisters and inherit from each other as if legitimate. If illegitimate child dies intestate and not acknowledged or adopt ed and leaves no issue, estate goes to his mother, and if she dies, to her heirs at law. Illegitimate child is heir of father if latter acknowledges him in presence of compe tent witnesses, b u t in such case child does not inherit from relatives o f father or mother. Illegitimate is made legiti mate b y adoption into family of father. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Accused must give bond with surety in sum of $1,000 to secure paym ent of the judgm ent. If bond not given, accused sentenced to hard labor for 1 year. Mar Issue of following void marriages legiti m ate: V o id account of lunacy of one of parties; vo id account of former marriage but one party contracted marriage in good faith; legitimate as to that one. Issue of void marriages before they are annulled b y court, legitimate. Issue of bigamous or polygamous mar riages b o m before prosecution for such crime or within ordinary period of gestation thereafter deem edlegitimate. In no case of divorce is issue made illegitimate unless woman pregnant at tim e of marriage; if di vorce obtained on that ground, is sue illegitimate. No. 1. 10 years. Mother or guardian. Civil suit to enforce the obligation of support and educa tion of minor illegitim a t e m a y be brought against its father b y the mother or guardian. Children b o m in wedlock or within usual period of gestation, legitimate. This m ay be disputed. W here ac cess exists except in cases of divorce from bed and board the strong pre sum ption is in favor of legitimacy. 90956—19. I f judgm ent against accused, court m ay order paym ent not exceeding $50 per year to the judge of probate court. This m oney is for the sup port and education of the child. Effect of death of any of parties. riage of parents. A L A S K A .1 G E O R G IA . I D A H O 1- B oth complainant and accused are competent witnesses. Compromise. N ote 1. A doption .—Adoption law recognizes illegitimate’s m other in consent requirements. N ote 2. A pprenticeship .—Illegitimate child m ay be bound b y mother. N ote 3. B irth N ote 4. B irth G E O R G IA . The mother can not compromise un less by consent of the court and au thorized intervener or unless bond is given to indem nify the parent, guardian, etc., and the city , county, and territory from all charges, past or future, for support of child. If after complaint has been made th mother dies or refuses to prosecut* anyone entitled to make the con plaint m ay prosecute. H A W A II. ID A H O . registration .—States whether legitimate or illegitimate. registration .—Special provisions for not disclosing father’s N ote 5. Concealment op birth .—Concealment of illegitimate’s birth and death, crime. N ote 6. I ncest .—L aw applies to illegitimate relations. name. JN o bastardy support statute. N ote 7. R esidence .—Illegitimate takes residence of mother. N ote 8. Slav e m arriages .—Marital cohabitation of colored persons prior to emancipation, recognized as marriage, and issue, legitimate. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Tabular analysis o f American Illegitimacy Laws—Continued. Presumption of legitimacy. State. V oid marriages and divorce. Legitimation b y marriage of mother and father. Jurisdiction. Civil or criminal. Designa tion. Courts and locality of jurisdiction. W ho m ay make complaint. Tim e of complaint and trial. tation. Limi Process. Child and mother. Child and father. Illegitimate child inherits from , through, and transmits inheritance to its mother. I f mother of illegitimate child abandons child under 1 year of age and child is cared for b y an institution, latter gets control of child and mother loses it. In matter of adoption petition m ust state name of mother o f illegitimate. If mother of ille gitimate child is dead or a minor, and peti tion for adoption so shows, court m ay appoint guardian ad litem. I f wife is mother o f illegitimate child, husband and wife m ay petition join tly to adopt such child. Father of illegitimate child is not entitled to its custody until child is 10 unless mother is unfit. Subsequent marriage of parents of illegitimate child with acknowledgment b y father legitimates such child. Justice court for preliminaries. The county court for trial. (Criminal court in Cook County.) In the county in which the m other is preg nant or the child is b om , or where father resides. A n y unmarried woman pregnant with or mother o f a bastard. Complaint m ay be m ade u p to tw o years after birth of child or during pregnancy. (T im e accused is out of jurisdiction not counted.) Trial can be on ly after birth and with same two-year limitation. W arrant. Miscellaneous status provisions. N o divorce affects legitimacy of issue except where marriage is declared void account previous marriage. Issue of com m on-law marriage deemed legitimate upon parents obtaining license and marrying. Subsequent marriage of parents with acknowledgment b y father legiti mates illegitimate child. See note See note See note See note See note See note W here marriage is void because of a previous marriage, but the child was begotten while one party was still in ignorance o f this fact, such child is legitimate. T he fact m ay be established b y a special proceed ing. W here marriage is void on other grounds, issue legitimate. Subsequent marriage of man and mother of illegitimate child makes such child legitimate i f m an ac knowledges child as his own. See note 7.............................................................. “ Child” in workmen’s compensation stat ute includes acknowledged illegitimate child. Surname of illegitimate child born in licensed m aternity hospital is that of mother. Boarding houses for children mean places where children, illegitimate, included under 3 are received. Illegitimate child inherits from the mother as if legitimate and through her, if she be dead, any estate she would have taken if living. Mother inherits from illegitimate child dying intestate; i f m other be dead, her descendants or collateral kindred take the inheritance. (County o f mother’s legal settlement chargeable with expenses of mother’s confinement and child’s care i f same is not paid within four m onths after confinement; i f child is pu blic charge, it is taken to cou nty of m other’s legal residence at proper tim e; i f can not establish legal residence o f mother, child is taken to county where bom . I f m other resident of another State, she and child are taken there as soon as she is able.) Illegitimate child inherits from father dying intestate i f father has acknowl edged child during father’s lifetime. This does not apply i f father has legiti mate children or descendents o f them surviving at tim e o f his death. Subse quent marriage o f m an and mother of illegitimate child makes such child legiti mate i f m an acknowledges child as his own. Justice for p relim in a ry examination; circuit court for final judgm ent i f justice find accused to be the father. W here father resides. Appellate court has jurisdiction o f all appeals in bastardy cases. A n y woman pregnant with or deliv ered of bastard. Proceedings m ay be started before or after birth, but not longer than tw o years from date of birth. W arrant........... IN D IA N A . IO W A . I f marriage is void account nonage, insanity, or id io cy , or because o f prior marriage, i f last marriage was contracted in good faith, issue legiti m ate as to person capable o f con tracting. I f marriage void account im potency of husband or because incestuous, issue illegitimate. Hus band can get divorce account ante nuptial pregnancy of wife unless he has illegitimate child living at time of marriage, which fact was un know n t o wife at that time. Children o f parents whose marriage m ay be annulled because of want of age or understanding of contracting parties are legitimate if begotten be fore such marriage is annulled. Subsequent marriage of parents legiti mates illegitimate child. See note 1............................................................ . See note 3. Illegitimate child has residence of mother; if she have none, then that of father. Illegitimate child inherits from and trans m its inheritance to the mother. Mother of such child m ay surrender it to home for friendless children i f child is in her care and custody. Father is liable to contribute to the sup port of his illegitimate child. Illegiti mate child inherits from father i f its paternity is proved during father’s life. This fact m ay be established in a sup port proceeding. Such child also in herits from father if it has been publicly recognized. County where the mother resides. District court for entire proceedings. A n y person may make complaint, which must be in writing, and must state that a bastard has been or is about to be bom and m ust accuse the father. Proceedings m ay be begun before or after birth. N otice as In any ordi nary action. See note 6.. See note 7. Illegitimate child inherits from mother. Illegitimate child inherits from father if father has recognized child publicly or in writing. I f recognition is mutual, father inherits from child. A n y justice for preliminary hearing; district court for trial. Unmarried woman delivered of or pregnant with bastard child. Proceedings m ay be started up to 2 years after birth or during preg nancy. W arrant. E very child begotten or born out of wedlock is illegitimate. Issue o f in cestuous marriages, such fact discov ered in lifetime o f parties, illegiti mate. Issue o f marriage o f white and colored parties illegitimate. Is sue o f other vo id marriages legiti mate as to b oth parties. I f divorce granted account antenuptial preg nancy o f wife, issue illegitimate. Subsequent marriage of parents legiti mates illegitimate child. See note 3............................................................. See note 5. See note 6. See note 8. « Child ” in workmen’s compensation statute includes recognized illegitimate child. Illegitimate child inherits from and through its mother and transmits inheritance to her. Acknowledgment b y father after marriage to mother of illegitimate child legiti mates it. County where the child is born unless it is born outside the State, when it shall be county where mother re sides. County court has complete jurisdiction. Unmarried woman delivered of bas tard. May bring proceedings after birth of child until child is 3 years old. W arrant. Children o f incestuous marriages ille gitimate; if marriage annulled ac count previous marriage but last one contracted innocently, issue legiti mate as t o one capable of contract ing. Issue o f marriage vo id for in sanity or nonage, legitimate as to one capable of contracting. Divorce does not bar issue o f marriage from inheritance or affect their rights. Illegitimate is heir o f both parents if latter intermarry. See note 5.............................................................. See note 7. , ' ... Mother m ay consent to adoption of illegiti m ate child if latter under 14. Boarding houses for children include places where il legitimate children under 16 are received. Birth registration requires no statement as to legitimacy. Hlegitimate child inherits from mother and is heir of b oth parents if they intermarry. Illegitimate child is heir o f b oth father and mother if they intermarry. Such child inherits from its father if latter acknowl edges him before a notary or adopts him . Preliminary proceedings m ay be start ed before any justice. Trial shall be in county (superior court) where mother resides. A n y woman pregnant w ith or deliv ered of bastard. Proceedings m ay be started before or after birth. Trial on ly after birth. W arrant.......... Orphans’ court m ay b in d out illegitimate pbiirirnn. B irth registration needs no statement as to legitimacy. Illegitimate children inherit from each other. Illegitimate child inherits from and trans mits inheritance to mother. If illegiti mate child dies intestate, leaving no de scendants or brothers and sisters, mother of illegitimate inherits his property; if mother dead, her heirs at law inherit the property. Marriage o f parents and acknowledgment by father legitimates illegitimate child and renders same capable of inheriting and transmitting property as if legiti mate. See under “ Trial” . . Before any justice for preliminaries and circuit court for trial. Where father resides. A n y justice upon information that any wom an has an illegitimate child shall cause her to be brought before him and to indemnify the county from any charge unless she discloses name of father. Before or after birth for complaint; trial only after birth. Proceedings must be started within 2 years from birth or some paym ent made b y ac cused. W arrant. The getting of a woman w ith child b y a man not her husband is a misde meanor. W here m other or accused. Proceed ings m ay be started in any m unici pal, police, or district court; where such courts do not exist, before any trial justice. A n appeal lies on part of defendant to superior court. State board of charity shall prosecute all cases of bastardy if mother has no settlement in commonwealth. Proceedings m ay be started imm e diately after child is begotten. Trial m ay be had before birth also unless defendant objects to an adju dication before child is born or mother advanced six m onths in pregnancy. IL L IN O IS . KAN SAS. KENTUCKY. 1.. 2. 4. 5. 6. 8. L O U IS IA N A 1. M A IN E ............ M A R Y L A N D ........... M A SSA CH U SETTS. M IC H IG A N . Children begotten before commence ment o f suit for divorce account adultery presumed legitimate until contrary is shown. Issue of incestuous marriages, illegiti mate; issue o f marriages vo id for nonage, insanity, or id iocy, legiti mate as t o party capable o f contract ing. (Same is true i f marriage void because of former marriage.) If man and wom an m arry when either has spouse living, b u t act in good faith, they are deemed legally married when impedim ent is rem oved if they continue to live together, and issue of such subsequent marriage is legitimate as to b oth parents. Di vorce for adultery of wife, legitimacy of issue n ot affected. Marriage of parents and acknowledg ment b y father legitimates illegiti m ate child. See note .............................................................. See note 7. , , Abandonment statute made expressly applicable to illegitimate children. See note 2. Decree for adoption o f illegiti mate n ot made without consent o f mother; feet o f illegitimacy n ot expressly averred on record. In birth registration name o f illegitimate child or its parents n ot printed b y city or tow n; w ord “ illegitimate” used instead. Name of father n ot stated b y physician unless requested so to do b y father and mother in writing. Person receiving child under 3 for board or to secure adoption for it shall learn if possible if child be illegitimate. Officers o f State board of charity m ay enter and inspect any building if th ey think illegitimate child is mistreated therein. Illegitimate child inherits from mother and any maternal ancestor. Issue of illegiti mate represents him as to inheritance; property o f illegitimate descends to and through the mother. Mother o f illegiti mate child under 2 m ay give up child to State board o f charity if they consent and she has borne a good reputation. Mainte nance bond m ay be required of parent of illegitimate child. Man adjudged father of illegitimate child liable to contribute reasonably to its sup port during its minority just as if child were legitimate; failure to do so, misde meanor. Question of paternity m ay be determined in a support action against putative father. Marriage o f parents and acknowledgment b y father legiti mates. Maintenance bon d m ay be re quired o f parent o f illegitimate. Grant ing divorce, giving issue to mother, no defense to father in support proceeding. Subsequent marriage o f parents and acknowledgment b y father legiti mates illegitimate child. See note 2.............................................................. See note 3. See note 5. . , , ... A doption o f illegitimate must be w ith mother’s consent. If she has surrendered control o f child to incorporated asylum, consent of principal officer of such asylum required. Illegitimate child inherits from but not through its mother. Property of illegiti mate descends to and through its mother. Subsequent marriage of parents of illegiti mate and acknowledgment b y the father of such child legitimates it. Acknow l edgment b y father made in same manner as acknowledgment to deed of real estate. Justice court for preliminaries; circuit court for trial. A n y woman pregnant with or deliv ered of bastard or the superintend ent o f poor of county where mother asks for aid. Proceedings m ay be started before or after birth. Trial after birth. Warrant. Issue incestuous marriages, legiti mate; issue of marriage annulled for idiocy, insanity, nonage, force, fraud, or because o f former marriage, legiti mate as to party capable o f contract ing. Divorce for adultery o f wife does n o t affect legitim acy o f issue of marriage; if legitimacy o f child questioned, decided on proof of cause. If child is conceived of fornication and father absconds from State during period of gestation or within 60 days thereafter to escape paternity proceedings, he is guilty of a felony. In case of petition for adoption father, so adjudged, of illegiti mate child is notified thereof. Justice or municipal court for prelimi naries; district court for trial. W om an delivered o f or pregnant with illegitimate child. County board of cou nty where mother resides or any member of it or o f State board of con trol m ay apply to justice or munici pal court to inquire into circum stances Proceedings may be begun before or after birth; trial only after birth. Warrant. Issue of annulled marriages, legitimate. Subsequent marriage of parents legiti State board of control looks after interests of illegitimate child so that latter m ay have mates illegitimate child. approxim ately same advantages as legiti mate child. T o do this, board m ay ini tiate proceedings, cooperate w ith childaiding organizations, and when requested to do so m ay appoint a child-welfare board, tw o members of which shall be women, to aid in the objects of the State board; if there is no county welfare board, the judge of the juvenile court m ay ap point local agents t o cooperate w ith the State board. If child or woman delivered or pregnant w ith child is received in ma ternity hospital or infants’ home, diligence must be used to learn if child illegitimate; if so proper report must be made to State board. T h e records of such board are private and facts contained therein shall not be disclosed except upon proper order. Abandonment statute is m ade applicable to illegitimate as well as legitimate chil dren. In death certificate, if person ille gitimate. name and residence of father n ot given without his consent unless he has been adjudged t o be father of deceased. (See colum n headed “ Judgment.” ) In corporated hospital m ay be custodian o f person of illegitimate child i f latter b o m there or left there b y mother for purpose of being placed in suitable hom e. In statute governing concealment of birth and death of illegitimate children the w ord “ bas tard” is eliminated and “ illegitimate” used instead. See note 1. See note 4. See note 5. M IN N E SO TA . (For Notes 1-8 see Sheet N o. 1 of Tabular analysis.) 90956—19. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis No. 2. 1 See separate table for Louisiana. Preliminary proceedings. Trial. There is a hearing before j ustice. If he finds sufficient cause, the accused is bound over w ith surety for the trial. Trial b y ju ry . There is a preliminary hearing before justice. I f he finds accused to be the father, he is bound over to cir cuit court for trial. I f the accused has not been arrested or has escaped, j ustice proceeds as if he were present. I f justice finds against accused, a transcript of his judgm ent is filed in circuit court ana case docketed for trial. Issue is tried b y court or j ur y. W hen transcript is filed, as described in previous colum n, the clerk shall issue warrant for arrest o f accused. U pon arrest accused m ust give bond for appearance or be com m itted. ruviaence. com pulsion to disclose name of father. Accusation in travail. B oth m other and putative father are com petent witnesses. Judgment can be u p to $100 for first year after birth; u p to $50 yearly for nine years thereafter. Bond is conditioned on paym ent o f these sums to the clerk o f court. I f m other dies, her testimony, taken in writing before justice, is admis sible. In preliminary proceedings the rules o f evidence are the same as in civil cases. The m other is a com petent witness and her testimony shall be reduced to writing. Issue is guilty or not guilty, and is tried as an ordinary action. Preliminary hearing before justice. I f he finds accused to be the father of child, he requires bond for his ap pearance in county court for trial. Committment on failure to give bond. Judgment. H ow and to whom paid. Period o f paym ent. A m ount; Trial is b y jury. Issue is guilty or not guilty. In bastardy proceedings all persons m ay be excluded from place of trial except officers and those re quired b y law to be in attendance. If complaint b y mother, justice or judge takes complaint in writing under oath; issues warrant that runs throughout State; makes proper entries in docket. On return of war rant accused and complainant exam ined under oath and same is reduced to writing. A t court’ s discretion or onrequest ofeither party public may be excluded. U pon finding reason able cause t o believe defendant guilty, latter bound over under bond to appear before district court at next term or upon date set; if accused fails to give bond, sent to jail. Justice or judge certifies examination and returns same to clerk of district court. I f complaint by other than m other, justice or judge summons mother and exam ines her as to facts of case. In all cases mother m ay be required to attend hearing as a witness. Trial is held at next term of district court or upon date set. If com plainant n ot delivered or can not attend or for other good cause case m ay be continued and this renews bond. New bond may be required if court deems it necessary or sureties require it. A ll records of court pro ceedings in illegitimacy cases are withheld from inspection and no copies furnished to any except par ties in interest or upon order of court. Effect o f death of any o f parties. riage o f parents. Mar State. The accused, i f in custody of the court, m ust replevy the judgm ent with good freehold security or go to jail. A fter 12 m onths he m ay be released for insolvency. E xecution m ay issue on the j udgment whenever any am ount m ay be due. Filing o f the transcript b v the justice (see under heading _ “ Prelim inary proceed ings” ) gives lien upon real estate of accused to the extent of any judg m ent which m ay thereafter be rendered. The prosecuting witness, i f an adult, m ay at any tim e dismiss the suit. I f am inor,shem ay dismisssuit with consent o f court i f it finds that suit able provision has been m ade for the maintenance o f the child. This settlement bars all other prosecu tions. I f putative father dies after the exam i nation before the justice, the action survives against his personal repre sentative. A s t o death o f mother, see colum n on evidence. Her death does not abate suit, b u t the child’s name is substituted on record for that o f m other and guardian ad “ tem appointed. Death o f child either before or after judgm ent is no bar to the suit, b u t in either case such reduction m ay be m ade as is proper. A fraudulent marriage for purpose o f escaping consequences of bastardy act subjects father to an action for a penalty o f at least $200 provided he fails to support or m is treats wife. IN D IA N A . I f judgm ent against accused, he shall be charged with maintenance of the child in such sums and manner as the court m ay direct, together with the cost o f the action. The court m ay increase or decrease the amount of the judgm ent or vacate the same upon proper notice to the accused. Execution m ay issue at any tim e to com pel obedience to order o f the court. The filing o f com plaint creates a lien on the real estate of accused for performance o f any order that m ay be made. I f com plaint be verified, judge m ay order attach m ent to issue without bond. B ond required o f accused, in default of giving such bond, sent to jail; but shall not be imprisoned for more than 1 year. Execution m ay issue whenever any amount is due on judgment. If for accused, he is discharged unless a new trial is granted. Jury decides what sum is payable per year and for how m any years; judge determines how often this shall be paid and makes such order for maintenance and education o f child as may be proper. There is a preliminary hearing before justice who decides whether accused shall be held for trial; i f so, accused gives recognizance for his appear ance. Compromise. I f find against accused, the court shall m ake order to secure the proper maintenance and education of the child. Yearly payments are to be m ade to the m other or to some proper person as the court specifies. Mother m ay testify.. Trial before ju ry or court as “ in other criminal cases.” Lien. IL L IN O IS . Jury trial. accused. Justice requires bon d from accused to secure appearance at trial. Justice takes testim ony o f mother under oath and cross examination by ac cused. Security. Marriage o f parents or death o f child makes the bond void. I f finding is against accused, the court makes an order for support and maintenance o f child b y payment of so m uch per year to the mother, or, if she be dead, to such proper person as the court directs. The amount and tim e of paym ent are in discre tion of court. Complainant m ust file declaration al leging birth o f child begotten b y ac cused, tim e and place, accusation during travail, and constancy in such accusation. Trial b y jury. Enforcement. Can compromise b y paying m other $400, qr less than that w ith consent of county judge. I f m other dies before final judgm ent, her testim ony before justice is admis sible in evidence. Justice requires bond to secure appear ance at trial; foiling this accused is imprisoned. Provisions in judgm ent as to name and status. B ond is given and on default action is on bond against surety and princi pal. Commitment for failure to give bond; discharge for Insolvency. Issue is tried b y court or jury. Gov erned b y rules o f civil actions. Can proceed in absence of Period of support. 10 years. As ju ry determines. IO W A . Prosecuting witness m ay dismiss suit at any time. This bars all other prosecution for same cause. Death o f mother does not abate pro ceedings if child is living. In such case guardian is appointed and suit continued in name o f child. I f fa ther dies after preliminary examina tion, the right o f action survives against personal representatives. II child dies after judgm ent, court makes proper adjustment in amount to be paid. Accused shall give bond to secure his carrying out judgm ent; on failure he is jailed; m ay be discharged for in solvency. K AN SAS. KENTUCKY. L O U IS IA N A .1 If for accused, he is discharged; if guil ty , he is ordered to stand charged with maintenance (w ith mother’s assistance) as court m ay determine; also w ith expenses of birth and costs to date o f judgment. Transcript of mother’s testimony tak en before justice is admissible at trial if the mother dies before that time. Mother must disclose name o f father to justice or give bond to indemnify county until child is 12. A t trial examination taken before officer at preliminary hearing read to jury if defendant so demands. A t preliminary proceeding or at trial physician m ay testify as to dat9 of pregnancy o f patient with out her consent and shall testify when called as a witness. I f guilty, accused must give bond of $500 to mother or person in charge of child to secure paym ent up to $15 per m onth as the court m ay decide. Mother m ay be required to indem nify county and to give bond. On failure to give these bonds, mother m ay be imprisoned for one year and father for tw o years. Accused must give bond or be commit ted. May after 180 days be dis charged as a poor debtor, though the mother and tow n m ay sue on judg ment at any tim e thereafter. War rant issued b y municipal or police court official or justice for offense in his county under laws for mainte nance of bastards m ay beexeeutedby any constable o f any tow n therein; if defendant has gone out of county, constable m ay pursue and arrest him in any county. 12 years. N o woman who has made complaint m ay compromise if that is objected t o m writing b y the overseers of poor o f town. See column entitled “ Judgment” . . The court m ay dismiss the suit if pro vision has been made for mainte nance of child or court is convinced that accused is n ot father or if the mother and father have married. If accused is adjudged to be the father before birth, case is continued until birth; defendant then ordered to pay expenses o f confinement to mother or to probation officer. In addition, before birth court may make such orders for care of child as it deems best. These orders may be revised at any time. T o enforce orders as to expenses o f con finement, defendant m ay be com m itted for n ot more than tw o months. Defendant m ay be put on probation and sentence suspended on condition of making periodical payments for term not exceeding tw o years. Upon violation o f the order the suspended sentence m ay be enforced. If accused is guilty, he is charged with maintenance of child with assistance of mother in such manner as court m ay direct. Bond is given to the superintendent of poor of county. On failure to give bond accused’ is imprisoned. After six months m ay be released as poor debtor, but continued liable. Superintendents o f poor m ay compromise with father, freeing him from future liability. I f defendant fails to pay amount of m oney judgment at once or within time fixed b y court .committed to jail unless proper bona has been given. He m ay be discharged from jail after 90 days’ confinement upon proper petition to court and notice to cou n ty attorney and hearing b y court, if it is determined b y court that defendant can not pay. If defendant adjudged father o f child, niother o f child m ay recover o f him in civil suit all necessary expenses in curred b y her in confinement and for suitable maintenance for not more than eight weeks prior to and eight weeks after confinement; also for expenses o f burial of child if latter stillborn or has diod soon after birth. County board before or after judgm ent m ay make such settlement w ith putative father o f illegitimate child as they deem just for expenses for which county could get judgment, otate board o f control or guardian o f person o f illegitimate m ay accept from adjudgedfether of such child a sum, approved b y court, in full set tlement of obligation for care, main tenance, and education o f child. B y this father is discharged from all further liability, civ il or criminal, except right o f mother to collect for expenses. If accused found guilty or admits truth of accusation, adjudged to be father of child. Money Judgment also entered against defendant for all expenses incurred b y county; for lying-in and support of mother and for care and support of child prior to tim e of judgment and for costs of prosecution. The judgment that defendant is father of child is re ported b y clerk of court to State registrar, who makes record of same in connection w ith child’s birth record and death record, if any; clerk also reports any vacation of such judgment. N o official is allowed to disclose fact of legitimacy except upon proper order of court, and fact of illegitimacy shall not be disclosed in certified cop y of birth and death record unless so ordered. If defendant is adjudged father of child, he is thenceforth subject to all obligations for care, maintenance, and education of such child and to all penalties for failure to perform same which are imposed b y law on father of legitimate child of like age and capacity. After death o f mother her executor or administrator m ay prosecute to final judgm ent. On death o f child after judgm ent court m ay make appropri ate reduction in amount due. M A IN E . On death o f father, paym ent m ay b made out of his estate b y the judge in n o case more than $500 and no more than one-half the share of legiti mate child if father had died intes tate. M ARYLAND. Justice m ay dismiss complaint where mother and accused have married. M ASSACH U SETTS. M IC H IG A N . M IN N ESO TA . https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Tabular analysis o f American Illegitimacy Laws— Continued. V oid marriages and divorce. Legitimation b y marriage of mother and father. Miscellaneous status provisions. Child and mother. Child and father. M IS SIS SIP P I. Children of marriages void because of previous marriage, illegitimate. Subsequent marriage of parents with acknowledgment b y father, legiti mates illegitimate child. There is no birth registration. Provisions of death b y wrongful act statute apply in fa vor of mother of illegitimate child in case of wrongful death of latter and in favor of illegitimate child in case of wrongful death of mother. Inherits from mother and her kindred unless there be legitimate heirs of the same de gree. A s to inheritance from illegitimates, see text of law. Subsequent marriage of parents and ac knowledgment b y father renders illegiti mate child capable of inheriting as if bom in lawful wedlock. •Court of equity has jurisdiction of petition b y person to make legitimate his offspring not b o m in lawful wedlock and court m ay decree them to be heirs of petitioner. M IS S O U R I1. Issue of annulled marriages legitimate. Divorce does not affect legitimacy of children of marriage. Subsequent marriage of parents and recognition b y father legitimates; upon such marriage, parents m ay give name of such children and offi cer must record them with certificate of marriage. See note 3............................................................ . See note 5. See note See notes. Abandonment statute applies to child “ legitimatized b y lawful wedlock.” Illegitimate child inherits from mother, also through her, and transmits inheritance to her. Mother is natural guardian of illegiti mate child, entitled to its earnings, and to extent of these must support child. Subsequent marriage of parents and recog nition b y father legitimates. State. Presumption of legitimacy. Jurisdiction. Civil or criminal. Designa tion. Courts and locality of jurisdiction. W ho m ay make complaint. Justice court for preliminaries; circuit court of county for trial. Complaint proper either where mother or father resides or where child is b om . A n y single woman and where cMld is apt to become a charge, the board of supervisors. If mother dies before starting suit it may be brought in name of bastard before he reaches 5 years. Time of com plaint and trial. tation. Process. Lim i Complaint m ay be before or after birth; trial on ly after birth. I f mother makes complaint, it must be within 12 months from birth; if supervisors d o so, it must be within 1 year after child has become a charge and not after it is 10 years old. W arrant. A ll children b o m in wedlock pre sumed legitimate; children of wom an who has been married, b o m within 10 monttis after dissolution of mar riage, presumed legitimate; if di vorce ¿-anted for adultery o f wife, children begotten before action is be gun presumed legitimate; presump tion of legitim acy can be disputed only b y husband or wife or their de scendants. Issue of all marriages null in law, legiti mate. If divorce be p a n te d for adul tery of husband, legitim acy o f chil dren begotten before action begun, legitimate; if divorce is for adultery of wife, legitim acy o f children begot ten before act of adultery,legitímate; legitim acy of other children decided b y evidence of case. Subsequent marriage of parents legiti mates. See note 1............................................................ See note 3. See note 6. “ Child ” in workmen’s compensation statute includes illegitimate child legitimized prior t o the injury. Mother m ay appoint a guardian for her illegitimate child. Par ent entitled t o custody of child must sup port him . Mother of illegitimate child is entitled to its custody, services, and earnings. Illegiti mate child inherits from m other and she from him ; he does n ot inherit b y represen tation of his mother unless child has been legitimated b y the marriage o f his parents. Father legitimates illegitimate child b y publicly acknowledging it or receiving it into Ms family; if father has so acknowl edged the cM ld in writing the child in herits from the father. Entire proceedings are in district court of county where mother resides. A n y person pregnant with or delivered of bastard. Proceedings m ay be started before or after birth. Notice as in ordinary actions. NEBRASKA. A ll children begotten before suit is com m enced for divorce account of adultery o f wife, presumed legiti mate. Issue of marriages void account o f non age, insanity, id iocy, and vo id be cause of previous marriage, b u t this contracted in good faith are legiti mate as to one capable o f contracting. Issue of incestuous marriages, or of marriages between whites, an d ne groes, illegitimate . Divorce for adul tery of wife does not affect legiti m acy of issue of marriage, b u t if le gitim acy is questioned, it is decided on the proofs of the case. Subsequent marriage o f parents, ac knowledgment b y fether and hav ing other issue legitimates illegiti mate. A ll of these must concur. See n o t e l ............................................................ See note 3. See note & Abandonment statute applies expressly t o il legitimate as. well as legitimate children. Illegitimate child is considered heir of mother but does not represent m other or father in matter of inheritance unless before the death of the child the parents marry, have other children, and father acknowledges child. If illegitimate child dies intestate, without lawful issue, his estate descends to his mother, and in case iff her decease, to her heirs at law. Illegitimate child is heir of father if latter acknowledges him in writing in presence of witnesses b ut child can not represent either father or mother in matter of in heritance unless before Ms death parents merry, have other children, and father acknowledges illegitimate. Subsequent marriage ofparents, acknowledgment b y father, and having other issue, legiti mates illegitimate; all of these must con cur. Complaint m ay be made to any justice in State; district court for trial. A n y unmarried woman pregnant with or delivered of bastard. County commissioners may make complaint when security is not given to indem nify cou nty and the mother does not act. Complaint m ay be before or after birth; trial only after birth. W arrant. NEVADA. Children o f all annulled marriages; are legitimate. Subsequent marriage o f parents legiti mates. See note 1______________________ ____ _____ ; See note 3. Under workmen’s compensation statute children conclusively presumed to be dependent include natural, posthumous, or adopted children, whether “ legitimate or illegitimate.” Parent o f illegitimate child w ho neglects it Is guilty o f a misde meanor. Illegitimate child is always heir o f mother. Property ofillegitim ate child n o t acknowl edged if child dies intestate, b u t passes to his mother, and in case o f ner decease to her heirs at law. Mother has custody o f the illegitimate child. Father b y publicly acknowledging illegiti mate enild as own, or receiving it into Ms family, his wife consenting, if he be mar ried, or otherwise treating it as legiti mate, adopts child as such; the acknowl edgment b y father must be in writing, signed i n presence of one credible wit ness; child so acknowledged is heir of father. N E W H A M P S H IR E . Children o f incestuous marriages ille gitimate. Decree o f d ivorce does not affect legitim acy o f child born or begotten in lawful wedlock unless it be so expressed in th e decree. Subsequent marriage o f parents legiti mates illegitimate child. Birth certificate has n o statement as to legiti m acy. See note 7. See note 5. Abandonm ent statute expressly includes illegitimate child. See n o t e l. In addition m other of illegitimate under 3, if she be o f good character, m ay b y writing surrender her child t o State board o f chari ties, w ith its consent; this operates as a consent t o a n y adoption subsequently approved b y said board. Illegitimate child inherits from m other and through her; he also transmits his inherit ance to her. W hen mother o f illegitimate child dies, legitimate and illegitimate chil dren inherit equally. Legitimation b y subsequent marriage o f parents causes illegitimate to inherit as if born legitimate. Subsequent marriage of parents causes illegitimate to inherit as if b o m legiti mate. W here the act was com m itted or where m other resides. Justice court for preliminaries, supreme court of county for trial, or where father resides. I f person charged in war rant o f justice escapes from county, sheriff or deputy m ay pursue him and take M m in any county and carry him before some justice of latter county for trial. A n y wom an pregnant with or deliv ered of bastard; orjif she neglects to, selectmen o f tow n or county com missioners m ay do*so. NEW JERSEY. Issue o f marriage annulled because o f revious marriage illegitimate. »ivorce affects legitimacy o f issue o f marriage only when divorce is because o f previous marriage. Subsequent marriage o f parents and recognition of child legitimates ille gitimate child. See note 7____________ ________ ___________ _ Under workmen’s compensation statute ‘ ‘ dépendrait ” children include illegitimate children if th e y are part o f deceased’s household at tim e o f his death. See note 5. Mother o f illegitimate child h t s exclusive right to its custody and control; i f she be unfit, child m ay be com m itted to care of an institution. If mother o f illegitimate child dies and leaves no lawful issue, sur plusage o f goods paid to illegitimate child; if illegitimate child dies intestate and leaves no heirs, real proparty goes to mother; if she b e dead, property goes to her heirs at law; if mother has n o heirs at law but has illegitimate children, prop erty goes to them . If parents o f illegiti m ate child m arry and child is thus legiti mated, and later surviving spouse dies intestate, leaving no legitimate children, property passes to illegitimate child. Subsequent marriage o f parents and recog nition o f cM ld legitimates. (See preced ing colum n.) If person is arrested on . criminal charge involving bastardy and consents to marry the woman, such mar riage m ay take place at once upon get ting proper license. A t dom icile o f mother or where she m ay be. A n y com m itting officer has jurisdiction. Overseers o f poor o f township; or, if Complaint m ay be made and trial had before or after birth. child beinm ate of public institution, an officer o f that! institution m ay complain. The acjtion shall then be for relief o f institution. Issue of all void marriages is legitimate. Subsequent marriage of parents legiti mates illegitimate child. See note 1.............................................................. See note 6. Under workm en’s compensation statute “ child” includes acknowledged illegiti m ate child. Birth registration requires no statement as to legitimacy. Probate court has power to appoint guardian for illegiti mate child. Illegitimate child inherits from the mother and transmits inheritance to her. In case father ofillegitim ate recognizes child as his, and recognition is m utual, father m ay in herit from illegitimate, b u t m other and her heirs take precedence over father and his heirs. I f father of illegitimate openly acknowl edges child as Ms, latter inherits from father; if this recognition is m utual, father may inherit from illegitimate child, but mother and her heirs take precedence over father and Ms heirs. I f acknowl edgment b y father be in writing, it must be signed in presence of tw o competent witnesses. Marriage of parents legitimates illegiti mate child and latter then inherits, except no estate vested before mar riage shall be affected b y reason of the legitimation. See note 3.............................................................. See note 5. See note 6. Under workmen’s compensation statute “ child” includes acknowledged illegiti m ate child dependent on deceased. Guar dianship o f indigent child m ay be granted to asylum upon consent signed b y mother. In case of adoption o f illegitimate child consent of mother necessary unless she be unfit or judge thinks child’s interest de mands its adoption without such consent or for any reason consent can not be ob tained. Fact of illegitim acy shall in no case appear upon record of adoption made b y the judge. B y decision it is held that “ parent” does not include the putative father of illegitimate child as far as aban donment statute is concerned. Official overseer of poor who in neglect of duty fails to provide for illegitimate or its mother, guilty of misdemeanor. Illegitimate child inherits from mother when she leaves no legitimate children, and transmits in h e r it a n c e to his mother. Mother inherits from illegitimate child if he dies w ithout issue (lawful) or illegiti mate issue entitled to inherit; if illegiti mate leaves no child or spouse, his mother takes all property and is entitled to letters of administration; if m other be dead, rela tives of illegitimate on mother’ s side in herit. Mother and father are liable for support of their illegitimate children. Marriage of parents legitimates and cMld then inherits, except no estate vested be fore marriage shall be affected b y reason of the legitimation. Father and mother are liable for the support of their illegiti mate cMldren. Application shall be made to justice of peace or police justice or magistrate of the county where the woman is and to wM ch the cM ld is chargeable. Court of sessions of county in case of appeal. W oman or poor officer. Tim e of application before or after birth. W arrant. Illegitimate child is legitimated b y marriage of mother and reputed father. Birth registration contains statement as to legitimacy but nothing shall be stated on certificate which reveals identity of either parent when he is stated to t;e illegitimate. Illegitimate child m ay be bound b y m oth er as apprentice; this power ceases upon her subsequent marriage. See note 7. See note 8. Illegitimate child inherits from his mother, except he shall not take land left the m oth er b y the father of her legitimate children. Illegitimate does not inherit through the mother. Illegitimate children of same mother shall be legitimate as between themselves. I f illegitimate child dies without issue, his mother and all such per sons as w ould b9 his next of kin if all such children had been b o m in lawful wedlock inherit. Illegitimate cM ld m ay be legitimated b y decree of court upon petition of father. Child so legitimated inherits as if legiti mate and upon death o f such child Ms property passes according to statute of descents among those w h o w ould be Ms heirs if he had been born in lawful wed lock. County where m other resides. Justice has com plete jurisdiction though either party m ay appeal to superior court of county. A ny woman pregnant with or deliv ered of bastard, or county commis sioners (if mother be single), on affi davit that cM ld may become a charge. A ction m ay be started before birth, b u t the justice, if he deems proper, m ay postpone the trial until birth. A ction m ust be witbin three years after birth. W arrant, N E W M E X IC O -. NEW YO RK . N o judgm ent of divorce renders chil dren in esse or those begotten of wife during coverture illegitimate. N o marriage declared void if one party has died and there has been issue ex cept marriages between whites and negroes or between whites and Indians. N O R T H C A R O L IN A . (F or Notes 1-8 see Sheet N o. 1 of Tabular analysis.) 90956—19. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis No. 3. Justice has a preliminary hearing and if he decides that there is probable cause, then accused is bound over for trial. If he decides for accused, the mother m ay appeal to circuit court. Persons other than parties, wit nesses. and officers m ay be excluded from the hearing. Trial. Trial before ju r y . Evidence. Compulsion to disclose name of father. Accusation in travail. If mother is dead, her testimony before justice is read at the trial and her statements during travail, if dying declarations, are admissible. Judgment. H ow and to whom paid. Period of payment. Am ount. If finding is against accused, ju ry may assess such damages as it thinks proper to the mother, or to the cMld if she be dead, payable annually or otherwise for a period not longer than 18 years. Period of support. 18 years. Provisions in judgm ent as to name and status. Enforcement. Security. Lien. Compromise. B ond must be given to secure fulfill ment of judgm ent; on failure to give b on d , imprisonment,A fter six months m ay be released on such terms as judge prescribes. The judgm ent m ay at any time be en forced b y execution on the bond. Effect of death of any of parties. riage of parents. Mar After death of father proceedings m ay continue against Ms personal repre sentative. Subsequent marriage of the parents cancels bond given for support. I f child dies before prose cution but mother is still living, pro ceedings m ay continue and judgm ent m ay be rendered for amount deemed just. B ond is canceled if both moth er and child die. I f mother dies after complaint, suit does not abate but contmues in name of cMld. State. M ISSISSIPPI. M ISSO U R I.1 M ONTANA. S Preliminary proceedings. Issue is tried as an ordinary action and question is, guilty or not guilty. Justice examines complainant under oath, the accused having right to cross-examine her. He takes recog nizance of accused for Ms appearance before district court. Trial is b y jury. County m ay prose cute if mother fails to d o so. Begetting o f illegiti m ate child is a m is demeanor. Before or after birth for com plaint if m ade b y mother; if made b y officials, it must be within one year after eMld’s birth. W arrant. Justice takes recognizance w ith secu rity for appearance before trial court. Trial b y court unless either party asks for jury. Selectmen or commis sioners m ay prosecute if mother abandons suit. Issue is chargeable or not chargeable. W arrant. Mother is examined under oath and m ay be compelled to disclose name of father; refusal to d o so is con tem pt and she m ay be sent to jail. Magistrate then issues warrant for father. Upon appearance o f accused before the magistrate he m ay demand jury trial b y paying ju ry costs. Either party m ay appeal from decision in magistrate’s court and a jury m ay be demanded in court above b y either party. If found guilty, accused is charged with maintenance of child in such sum as court directs and with cost of suit. The court m ay at any time amend judgment on such notice to defend ant as court m ay prescribe. Execution m ay issue at any time to com pel compliance with order of court and accused m ay be sent to jail for failure to com ply. Filing of complaint fixes lien on any real property of accused in the county where the action is pending. Testim ony before justice is admissible here. Mother is a competent wit ness unless ineligible for conviction for crime. A n y confession of hers made at any time shall be admissible when it does not agree with her tes tim ony. If guilty, accused shall be adjudged the father of child and charged with its maintenance in such sums as court shall order. Accused must furnish security for ful fillment of judgment or go to jail un til he does furnish it. Accused and complainant m ay settle case before justice if accused gives bond to county commissioners to se cure them from expense; justice m ay then discharge accused. N EBRASKA. Paternity o f child m ay be established b y m utual agreement o f father and mother or b y confession o f father, if not denied b y mother, or b y proof before court in such manner as court determines. Mother m ay testify and m ay be com pelled to testify. Court m ay adjudge father liable for the maintenance of cMld. Refusal to com p ly with the judgment shall be contem pt of court. No complaint m ay be settled b y the agreement of father and mother. NEVADA. If found chargeable, court shall order payment o f such sums as it deems reasonable to the mother or to select m en liable for maintenance o f child. B oth mother and father m ay be required to indem nify tow n or county. On failure to obey order accused m ay be imprisoned; m ay be discharged on such terms as the court thinks proper for inability to pay. If judgment is for accused on appeal, he is discharged and bond is can celed. If judgm ent is against accused, order o f the magistrate shall be examined and m ay be amended. Court m ay then assess proper costs and expenses and specify the amount to be paid for the support o f the child. Sum m ay be paid weekly or otherwise. A c cused shall p ay costs o f confinement if mother be indigent. I f no appeal, the order o f the magistrate made in the form above stands. Accused must give bond or be com m itted. A ction m ay be brought against signers o f bond to enforce the award. These proceedings m ay be brought b y the county prosecutor or attorney o f townsMp in which proceedings were first begun. M oney so collected on bond shall be used t o reimburse the cou nty or townsM p or for expenses arising from confinement o f mother. A c cused m ay be discharged from jail for insolvency. On desertion o f child b y m other or putative father their goods m a y be seized and sold or leased, the proceeds going to sup port o f child. B ond shall be re corded and canceled upon fulfill ment o f conditions. Mother m ay be com pelled to disclose name o f father before magistrate or sent to jail. I f on appeal mother has died or is insane or out o f State, testimony given b y her before mag istrate is admissible.' M O N TA N A . N E W H A M P S H IR E . Death o f mother does not abate the action. N EW JERSEY. N E W M E XIC O .1 iN o bastardy support statute. If accused gives no security to appear before court of sessions of county he is brought before magistrate who as sociates with Mmself another magis trate and inquires into charge, ex amining witness on oath in pres ence of defendant and hears any tes tim ony. A n appeal lies from order of magistrate to court of sessions. On appeal the party in whose favor the order was made below m ust support tMs order b y evidence. The magistrate m ay compel the woman to disclose name of father. If she refuses, she shall be com m it ted upon her recovery from confine ment. Judgment speeifies sum to be paid weekly or otherwise for support of bastard. I f mother is indigent, father shall be ordered to p ay for her support and expenses of confine ment. A similar order m ay be made against a mother w ho has property. These orders m ay be confirmed b y the court of sessions. Am ount m ay be reduced b y the magistrates or reduced or increased on application of officers and notice to the father or mother b y the court of sessions. B oth father and mother m ust give security w ith sufficient sureties to fulfill the orders o f the magistrate or the court o f sessions. On failure to d o so they m ay be committed. T hey m ay be discharged from im prisonment for inability to pay. The p oor officers prosecute if the security is forfeited or they m ay sue upon the order. I f parent absconds, the poor officer m ay be authorized b y two magistrates to take the real or personal property. If an appeal be taken to superior court, trial shall be there b y jury. Mother m ust disclose name of father on oath or give security for maintenance of cMld or be jailed. Testim ony of mother before the justice shall be “ presumptive evidence against the accused.’ ’ I f judgm ent is against accused, pay ment m ay be ordered of a fine up to $10 and a sum not exceeding $50 to the m other and he shall stand charged with maintenance of the cM ld as the court m ay order. If judgm ent is for accused, mother m ay be forced to give bond for main tenance and fined $5. Accused shall give bond to the county to indem nify i t . He m ay be impris oned for failure to d o so, b u t will be discharged for insolvency. I f de fendant disobeys judgm ent or can not be found, execution m ay issue against Ms goods and property. De fendant m ay bind himself out as apprentice, the price being paid to county treasurer. The poor officers m ay compromise with the father, and he is thereupon discharged from all liability. The m other on giving security to indem nify the county m ay receive the sum paid b y the man on the compromise. I f she is unable to give security and willing to care for her child, she shall be paid the weekly sum out of the amount paid b y the father for wM ch he would have been liable on the order of filiation. The prosecution is dismissed if cM ld is born dead. NEW YO RK . N O R T H C A R O L IN A . ! ... ■ 'ÿ ’ ; . à v p ’ïwnê;-:; https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis .■ £ Tabular analysis o f American Illegitimacy Laws— Continued NORTH DAKO TA. Miscellaneous status provisions. Child and mother. Child and father. Children o f annulled marriages be gotten before judgm ent, legitimate. Children o f all marriages null in law or dissolved b y divorce, legitimate. I f divorce b e granted for adultery of husband, children begotten before suit begun are legitimate; i f divorce granted for adultery o f wife, legiti m acy of children begotten before doing of act not affected; legitimacy of other children determined b y evi dence o f case. Marriage of parents o f illegitimate child and acknowledgment b y the father legitimates. See note 1.............................................................. See note 3. See note 5. See note 6. See note 7. Mother of illegitimate child m ay appoint guardian for it. Boarding houses for children include places where illegitimate children are received. Every child declared legitimate child o f natural parents and is entitled to support and education as i f born in lawful wedlock. (A ct o f 1917.) Neces sary expenses o f m other o f illegitimate child under care o f m aternity hospital, if not paid in four m onths after confine m ent, charged to cou nty o f m other’s legal residence. I f such child becomes public charge, taken to cou nty o f m other’s legal residence; i f legal settlement o f child or m other can not b e established, child becomes ward o f cou nty where b o m . If indigent m other o f illegitimate has come from another State and remained in State during confinement, she and child m ay be returned to other State as soon as practi cable. Illegitimate child inherits from natural parents and from their kindred, lineal and collateral; this applies to cases where natural father is married to another than the mother o f illegitimate child. In the latter case illegitimate child can not dwell with father i f he be married to another than the mother. I f illegitimate child not acknowledged b y father dies intestate without lawful issue, his estate goes to mother; in case o f her death, goes to her heirs at law. Issue o f void marriages, legitimate. Divorce has n o effect on legitimacy o f children of parties t o marriage. Subsequent marriage o f parents with acknowledgment b y father legiti mates illegitimate child. See note 4 . . . ...................................................... . Abandonment statute applies expressly to illegitimate as well as legitimate children. Issue of all marriages null in law, legiti mate. Marriages at forbidden ages m ay he authorized b y court to settle bastardy suits unless such marriage would be incestuous. Subsequent marriage o f illegitimate child’s parents makes child legiti m ate. V oid marriages and divorce. A ll children b o m in wedlock indisutably presumed legitimate, unless usbancL be im potent. In case of divorce for wife’s adultery, children presumed legitimate until contrary shown; children o f wom an w ho has been married b o m within 10 months after dissolution o f marriage pre sumed legitimate children o f that marriage. Presum ption o f legiti m acy can be disputed only b y hus band or wife or descendants o f one or both of them. E O H IO . •OKLAHOM A. Legitimation b y marriage of mother and father. Presumption of legitimacy. State. A ll children born in wedlock pre sumed legitimate. A ll children of wom an w ho has been married born within 10 m onths after dissolution of same presumed legitimate chil dren of that marriage. Legitimacy can be disputed only b y husband or wife or descendants of one or both of them. Issue of wife cohabitating w ith her husband who is not im potent con clusively presumed legitimate; issue b o m in lawful wedlock, there being no divorce from bed and board, pre sumed legitimate. This is disput able. OREGON. Children born during coverture of wife guilty of adultery, legitimate. Issue of certain marriages that were for m erly forbidden because incestuous made legitimate in so far as incest is due to affinity and not to con sanguinity. PE N N SYLV A N IA . Jurisdiction. Civil or criminal. Designa tion. Under act of 1917 m other not a com petent witness at trial in action to establish paternity i f reputed father be dead. if judgm ent is against accused, then court shallm akesuch order tosecure the maintenance o f child with the help o f the mother, as the judge deems necessary. Before or after birth. W arrant. Justice shall examine complainant under oath in presence o f accused, who m ay cross-examine. Proceed ings shall be reduced t o writing. Justice binds accused over under bond to court of com m on pleas. Im prisoned on failure to give bond. Trial is b y ju ry . For proceedings in case o f absence o f accused, see col u m n headed “ Enforcement.” The testimony given before ustice is admissible in evidence. Proceedings m ay be started before or after birth. W arrant. Illegitimate child inherits from and through its mother and transmits inheritance to her. Subsequent marriage of parents of illegiti mate child and acknowledgment by father legitimates such child. Justice o f peace for preliminaries, court of com m on pleas for trial. Unmarried woman. I f she fails to do so, proper officers o f town or county interested in support o f child or the director of county infirmary, i f the m other becomes a charge therein, m ay make complaint, or they m ay finish suit already begun if mother fails to do so. See note 1...................... ...................................... See note 3. See note 5. See note 7. Guardian of person or estate o f illegiti m ate child m ay be appointed b y will or deed of its mother. Parent entitled to custody of illegitimate child must support and educate it. Mother of illegitimate child is entitled to its custody, service, and earnings. Illegiti m ate child inherits from mother and transm itsinheritancetoher. Hlegitimatechild does not inherit as representing his parents unless they have intermarried and the father has acknowledged the child. I f illegitimate child dies intestate without lawful issue not having been acknowl edged or adopted b y his father, his estate goes to his mother, and in case of her decease to her heirs. Adoption into fam ily o f father legitimates illegitimate child. I f father acknowl edges illegitimate child in writing, same becomes his heir. A ction shall be brought where mother resides. County court has jurisdic tion of entire proceedings. A n y person may m ake the complaint. Board of county commissioners are required to bring proceedings in case the bastard or m other is liable to became a charge. Marriage of parents legitimates illegit im ate child. See note 1............................................................. See note 3. See note 5. U nder workmen’s compensation statute “ ch ild” includes illegitimate child legiti mated prior to injury. Illegitimate child inherits from the mother and transmits inheritance to her, but does not inherit as representing her. I f parents cohabit as man and wife, child is not ille gitimate so far as inheritance is concerned. It is a misdemeanor for a man to fail to sup port child b o m while he lived with its mother unless he affirmatively shows it is not his child. Child adjudged issue of father within three years after birth and while father is alive has same right to inherit from father as it always had to inherit from mother. Justice for preliminary hearing; cir cuit court for trial. A n y unmarried female delivered of or pregnant with bastard. I f child likely to become public charge, any public officer m ay cause m other to b e brought before justice and war rant m ay then issue. Subsequent marriage legitima'#. See note 3.............................................................. See note 5. See note 7. Illegitimate child bears name of mother. Failure of any parent to support illegiti mate child, misdemeanor. Law applies whether child b o m or begotten in or out of State. Proceedings m ay be begun upon complaint made under oath b y parent of such child. Illegitimate child inherits from mother and from grandmother and grandfather on mother’s side; i llegitimate child also trans m its inheritance to same persons just as if legitimate. These provisions apply also in favor o f the children of illegitimate. Illegitimate child deemed brother or sister of every other ch ild o f m other, legitimate or illegitimate. Mother o f illegitimate child and her heirs and her illegitimate child and his heirs enjoy all rights and privileges to each other as if child b o m in lawful wedlock. If unmarried woman has child, she m ay b e convicted of fornication. Subsequent marriage o f parents legitimates illegitimate child. I f father of illegitimate child neglects to com ply with orders o f court in fornication or bastardy proceedings or in any other proceedings for support of child or mother’s expenses at childbirth, he m ay be imprisoned. W a r r a n t , runs throughout State. Issue is guilty or not guilty. Court tries case unless accused demands ju ry . I f ju ry is demanded, case is set for trial at next term and defend ant released on bond. A ppeal m ay be taken as in other actions. I f accused appears or is in custody, com plainant is examined under oath. Accused m ay cross-examine; also other witnesses. A c c u s e d discharged on paying or securing amount satisfactory to mother and approved b y judge of juvenile court and on giving bond t o indemnify county; otherwise bond for appear ance or com m itm ent to jail; dis charge for lack of evidence do^s not preclude further proceedings. Issue is guilty or not guilty. Trial b y ju ry if accused asks it and he has right of appeal. I f m other ofillegiti mate child fails to prosecute after commencing suit, any public officer or person interested in support of child m ay prosecute suit to judg ment. I f child begotten outside Pennsyl vania ana b o m in Pennsylvania, jurisdiction is in cou nty of birth, no fine b u t order for support; begotten in Pennsylvania, b o m outside, juris diction is in cou nty of conception, solely to levy fine; begotten in one county o f State, b o m in another, jurisdiction in county of birth , both fine and support. Prosecution, in county where begotten for fornica tion w ill bar bastardy prosecution in county of birth. W here child neither begotten nor b o m in Penn sylvania, no jurisdiction at all. Period of support. Provisions in judgm ent as to name and status. Enforcement. Security. Lien. Compromise. Accused m ust give bond to carry out judgm ent and shall be imprisoned on failure to do so. He m ay be dis charged for insolvency. Orders of the court m ay be enforced b y action on the bond and the arrest of defend ant m ay be directed. Accused m ay be released from liability when the mother, with the approval of county commissioners, accepts a sum in satisfaction and bond is given to indemnify the county from all expense, including that o f lying-in. If judgm ent is against accused, he shall b e adjudged the father o f the child and stands charged with its main tenance as the court shall order, and also with the costs of the suit. W here accused can not be found, the transcript of the record beforejustice shall be filed before clerk of county court, with affidavit b y com plain ant setting out the facts, and clerk of court shall issue an order o f at tachment. Under this order prop erty not to exceed $1,000 m ay be seized. U pon return o f the order service m ay be had b y publication for six weeks. I f the accused then be adjudged the father and does not pay the judgm ent, a requisite amount o f his property shall be sold. Accused m ust give security to per form order of court; on failure to do so m ay be sent to jail, b u t m ay be discharged after three m onths as an insolvent b y notice to complainant. A compromise m ay be m ade in pres ence of justice or court where com plainant agrees to receive a sum in satisfaction and accused gives bond to indemnify county or tow n from expense. I f accused is found guilty, he is charged with maintenance o f child in such sum as court m ay direct. Court m ay change its orders at any time upon notice to defendant and county attorney. E xecution m ay issue at any tim e for sums ordered to be paid and defend ant m ay be required to secure per formance o f orders as court snail direct. The filing o f complaint creates a lien upon real property of accused in the county where action is brought for paym ent of any order or judgm ent. Court m ay issue at tachment on the com plaint without bond. I f bond forfeited, m oney is paid into court and held in trust for child. U ntil the child in the opinion of the judge is likely to be “ able to support itself.” Exam ination of m other before justice m ay be read in evidence if m other be dead and shall be read if accused demands it. N o conviction on un corroborated testim ony o f female. Mother m ay be com pelled to attend and testify. I f accused found gu ilty, adjudged to be father of child, andstands charge able w ith its maintenance as court directs and for lying-in expenses of m other paid b y county and for care and support o f child since birth and costs of prosecution. Amount not less than $100 nor m ore than $350 per year for first tw o years and not less than $150 nor m ore than $500 per yearthereafter. I f wom an, persists in extrem ity of la b o r o r in cou rt t b a t m a n is fa th er of bastard, this m ay be given in evi dence to convict h im of fornication. I f any m an is convicted of fornication ana bastardy and sentenced to pay the m other any sums for the support of the child, she m ay have judgment entered in her favor against accused for such amount. (Clerk enters judgm ent upon wom an’s filing certi fied cop y of court’s sentence with h im .) I f default be made in pay m ent of any installments of judg ment, w rit of fieri facias issues and from this there is no property ex emption. In addition, there may be issued an attachm ent execution b y which wages are attached; there is no exem ption. U pon being con victed of fornication m an may be fined for that offense and also sen tenced to p ay expenses of childbirth and give proper bond to authorities of poor of jurisdiction where child is b o m to maintain child as court m ay order. On default execution m ay issue against all defendant’s goods, no exem ption, and his wages m ay be attached. 14 years. Person adjudged to be father m ay give proper bond for performance of terms of judgm ent and m ay thereby be discharged. I f he gives no bond, he m ay be sent to j ail, house of cor rection, or workhousq. He m ay be discharged therefrom upon giving proper notice, as in cases of those confined to ja il upon execution againstthe person. E xecution m ay be issued against defendant or his bondsmen to secure performance of conditions of bond. Effect of death of any of parties. riage of parents. Mar Stato. N ORTH DAKOTA. The death o f the m other does not abate the proceedings i f the child be hving, in which case the nam e o f the child is substituted for that o f the mother. A fter judgm ent, i f child dies, court m ay m ake appropriate reduction in amount due. O H IO . OKLAHOM A. Judge of juvenile court o f county of _mother’s residence m ay com pro mise m atter w ith p utative father and thereupon discharge the latter. Contract of m other and putative father deemed in all courts of State a valid contract. OREGON. P E N N S Y L V A N IA . P O R T O R IC O .1 W here the m other resides. The dis trict court for preliminaries and trial; appeal lies to superior court. Complaint may be made b y overseer of poor. If ¡unmarried w om an has no residences State and is pregnant w ith or delivered of bastard, agent of State charities has all powers and duties of overseer of poor. Before or after birth for com plaint; trial after birth. W arrant. If man has wife or lawful children living, he can not b y will or deed give to illegiti mate child or its mother for its ben efit more than one-fourth of his estate. Illegitimate m ay not b e adopted unless parent, i f not married, could lawfully have married the mother at tim e of child’s birth; also such child can not be adopted if at tim e o f adoption m an has lawful wife or child living unless wife is mother o f illegitimate and unless wife files ■written consent t o adoption; when child is so adopted, m an can not b y will or deed give more property to that child than allowed b y law unless he has no lawful wife or issue living at tim e of death; i f m an dies intestate, such child can get no more than he could b y will or deed if lawful wife or issue survive intes tate. W here m other resides or where child is born. The magistrate for com plaint; the court of sessions for trial. A n y wom an delivered of bastard child Complaint and trial b oth after birth .. Inherits from mother and transmits inherit ance to mother, but does not take as rep resenting mother unless parents marry and father acknowledges him, and in that case he inherits as if legitimate. Mother of ille gitimate unmarried minor is entitled to his custody, service, and earnings. Illegitimate child inherits from father if lat ter acknowledges him in writing before witnesses but does not represent father unless parents marry and father ac knowledges him, in which case he inher its as i f legitimate. Father of illegiti mate b y publicly acknowledging it, re ceiving it into family with wife’s consent, if he be married, and treating child as if legitimate, adopts child and it becomes as i f b o m in lawful wedlock. Subse quent marriage of parents legitimates il legitimate child. County in which mother is pregnant or where child is born or where accused m ay be found. Justice of peace for preliminaries; circuit court for trial. A ny unmarried woman pregnant with or delivered of bastard. See note 3 .............................................................. See note 8. County m ay bind out illegitimate if mother unfit and it appears that child will be bene fited thereby; if illegitimate is female, may be bound out until she is 21. County can make no provision for illegitimate unless he is likely to become a county charge. I f mother is able to support child, she is en titled to its custody. Illegitimate inherits from mother and transmits inheritance to her as if legitimate. Ifillegitim ate diesintestate, eaving no relatives entitled to take his property, it goes to such_ persons on mother’s side as w ould inherit if he had been legitimate. Circuit and county courts have original concurrent jurisdiction in matters of le gitimation. Petition for legitimation, in writing, signed b y applicant, verified by affidavit, giving reasons for desiring such action, m ay be acted upon b y above courts. Decree of court makes child le gitimate as if b o m in lawful wedlock. Name may be changed b y prayer in pe tition. W here the woman resides. Justice of peace for preliminaries; cou nty court for trial; appeal to circuit court. Justice on own knowledge m ay re quire any single wom an to be brought before m m after she is delivered, or wom an m ay make com plaint before or after birth. Issue of all annulled marriages, ille gitimate. See note 5............................................................. See note 7. Birth registration requires no statement as to legitimacy. Illegitimate child inherits from m other and transmits inheritance to her as if lawfully begotten. SOU TH C A R O L IN A . Children of emancipated negroes who have lived as husband and wife, made legitimate; i f wom an has died or parties have ceased to cohabit, all children recognized b y father deemed legitimate (in case of negroes). County board m ay bind out illegitimate if mother be unfit; also if child likely to be com e chargeable to com ity. Money re ceived on recognizance in case of such bound-out child invested and expended for child. Ss0 T iot.ft 7. For wrongful death of mother or child, re covery m ay be had just as if child were le gitimate. Illegitimate child is heir o f mother and mother inherits from illegitim ate child as if legitimate. Seenote 1............... . . . — ........................ See note 5. See note 6. See note 7. Guardian of person or estate of illegitimate child m ay be appointed b y will or deed of mother. Children b o m in wedlock presumed le gitimate; in actions for divorce ac count o f adultery o f wife, children begotten before action is begun pre sumed legitimate until contrary is shown. Children o f wom an w ho has been married, b o m within 10 months after marriage is dissolved, pre sumed legitimate children o f that marriage. Presum ption o f legitima cy m ay be disputed only b y husband or wife or descendants o f either or both. Children o f all annulled marriages le gitimate. Divorce granted for adul tery of husband, children begotten o f wife before action begun, legiti mate; divorce granted for adultery of wife, children begotten before act, le gitim acy not affected; legitimacy of other children determined b y evi dence of case. Subsequent marriage o f parents legiti mates: in this case, if father acknowl edges child, latter represents both mother and father in the matter of inheritance. TE N N E SSE E. Dissolution o f Marriage has n o effect on legitimacy of issue o f marriage. T E X A S 2. Children o f all annulled marriages, legitimate. Children of persons marn e d b y bond or b y unauthorized persons, legitimate. Subsequent marriage o f parents and recognition b v father legitimates. See note 3. See note 8. Illegitimate child inherits from and receives inheritance through mother. Subsequent marriage of parents and recog nition b y father causes child to inherit as if legitimate. UTAH. Issue of all marriages null in la w or dis solved b y divorce, legitimate. Issue of marriages void because one of par ties has spouse living but latter mar riage contracted in good faith, pro vided issue b o m before knowledge of mistake, legitimate Issue of biga m ous marriages b o m before June 4, 1896, legitimate. Subsequent marriage o f parents legiti mates illegitimate child. See note See note See note See note Illegitimate child inherits from mother and transmits inheritance to her. Mother of il legitimate child has custody of it until child is 10, or if she wishes she m ay consent to the father’s having custody before the child is 10. I f she be unfit, she m ay be de prived of child’s custody. Father ofillegitimate child b y publicly ac knowledging it and receiving it in to his family with his wife’s consent, if he be married, and otherwise treating child as if legitimate, thereby adopts it. Child by this means becomes heir of father. iThe law like that of Louisiana distinguishes between natural and other illegitimate children. * N o bastardy support statute. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Trial shall be before court unless either party demands jury. See preceding colum n. P O R T O R ICO 1----- 90056—19. Judgment. H ow and to whom paid. Period of paym ent. Amount. Accused is entitled to preliminary hearing as in a crim inal case. Mother m ust state nam e o f father and tim e and place o f conception under oath. A ny single woman or the county com missioners. Proceedings m ay be started before or after birth. Must be begun within one year o f the birth, not counting the time father is not an inhabitant o f the State or not usually residing in it. Begetting of illegiti mate child is a mis demeanor. Evidence. Compulsion to disclose name of father. Accusation in travail. W arrant. Justice o f peace or police magistrate for preliminaries; district court o f county for trial. parents Process Trial. Illegitimate child born in m aternity hos pital given surname of father whether child be legitimate or illegitimate if name of father be known. Acknowledg ment ofillegitimate child b y father must be public; he m ust b e received into father’s fam ily, with w ife’s consent (if he be married), and child must be treated as if legitimate. of Lim i Preliminary proceedings. W ho may make complaint. R H O D E IS L A N D . SO U TH D A K O T A . Time of complaint and trial. tation. Courts and locality of jurisdiction. No. 4. 1-. 3. 6. 7. Natural children are those whose parents m ight have been law fully married. On appeal, trial in superior court shall be b y ju ry unless waived. It m ay proceed in absence of defendant. May grant new trial as in civ il cases. Depositions m ay be used as in civil cases. If judgm ent is against accused, court orders paym ent to the overseers of poor for costs of lying-in and support of the child. I f superior court finds defendant guilty, that court makes a new order as to amount and man ner of paym ent. Defendant must give security or on failure to d o so m ay be imprisoned; he m ay be discharged as a poor debtor, but can be recomm itted on breaking terms of discharge. Warrant. I f accused resists, indictment and bench warrant. The magistrate shall take recognizance for paym ent of $25 annually, but if defendant denies he is the father there is trial in court of sessions. Jury trial in the court of sessions. Mother must disclose on oath name of father; if she refuses, she must give security for maintenance or be com mitted. I f guilty, the defendant shall be recog nized with security to pay $25 per year; if twins, twice as much. If judgm ent is for defendant, he shall be discharged. Recognizance with security. S O U T H C A R O L IN A . Complaint m ay be before or after birth; trial only after birth. W arrant. Justice examines complainant under oath in presence of accused and lat ter has right to controvert charge; if probable cause is found, accused is bound over for trial. Trial before circuit court is b y jury. See previous colum n. Maintenance allowed until the child is 3 years old only. W arrant. Accused m ay give bail to officer serv ing warrant and all justice does is to take this bail or com m it. Trial b y cou nty court without jury. Appeal to circuit court where trialls b y jury. I f father denies paternity, he shall file affidavit denying sexual intercourse with mother from tenth to sixth m onth before birth o f child and this affidavit shall be admitted into evi dence. Overseers m ay sta y proceedings when ever security is given t o p a y ex penses of lying-in, o f support of child, and to indem nify town. I f child dies before or after complaint, the court m ay order ¡payment of costs o f lying-in, and all expenses to town. I f com plainant dies, action does not abate, but successor in action m ay appear and continue prosecution. R H O D E IS L A N D . I f against accused, he shall be ordered to p ay sum not exceeding $250 the first year after birth and $150 for each of 10 years succeeding this first year. Judgment cannot be ren dered for wom an who has had inter course with several men. See previous colum n. Defendant must give undertaking with sureties as security; he may be com mitted for contem pt for failure to do so, but can not be confined for more than 1 year if unable to pay. S O U TH D A K O T A . I f judgm ent is for accused, costs may be given against person instituting proceedings or the county. If found guilty, defendant is charged for first year o f child’s life not more than $40, second year $30, third year $20. At end of third year court shall dispose o f child as seems best either by giv ing to the reputed father or binding out tospm e suitable person. Award is not for mother b ut goes' to com missioner of poor. See previous coium n - Defendant must give bond to county. Judgment will be enforced b y execu tion “ or otherwise.” TE N N E SSE E. T E X A S .* County where mother lives i f it is be fore birth, where child is b om , or where father resides. Justice for pre liminaries; district court for trial. Natural children m ay he legitimated b y the marriage o f the parents or m ay be acknowledged. (F or Notes 1-8 see Sheet N o. 1 of Tabular analysis.) W henever accused pleads not guilty in district court, he shall be tried there. Unmarried woman pregnant with or delivered of ¡bastard. Complaint m ay be before or after birth; trial only after birth. N o proceed ings can be had after 4 years from birth of child, not counting time ac cused is absent from State. W arrant. T h ey are entitled to be recognized if paternity is acknowledged or established b y authentic evidence. County attorney examines woman on oath in presence o f defendant. I f justice finds probable cause, bound over. In default o f bond, commit ted. A n action lies to com pel recognition. Jury trial................................ Evidence is heard as in other cases. Mother and defendant are both com petent witnesses. If for accused, he is discharged and mother pays cost; if found guilty, must pay costs and $200 for first year of child’s life; $150 pot year for 17 years thereafter. Monev'is paid out for support o f child as directed b y court; i f guardian appointed, money paid to him. Payments to be made quarterly. See previous colum n - The recognized natural child ha sthe right to the name o f the recognizing parent and to hereditary portion, for details of which consult code. Accused must give bond or be com mitted; in which case he may be dis charged for insolvency after 1 year. On default o f payments, judgment rendered for amount due on princi pal and sureties on bond and execu tion issues. In addition on default o f paym ent, father m ay be commit ted for contempt. Mother may settle i f father pays her $500 or more and this will be final dis charge; i f less than $500, she m ay compromise w ith consent o f court, but no future action is barred, pay ment operating merely as set-off. I f child b o m dead or dies after birth, courtshallcancelbond. Marriageof parents operates to cancel bond. E very illegitimate child has a right to support if paternity is established b y judgm ent or recognition. The support is regulated for legitimate and illegitim ate children alike. UTAH. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Tabular analysis o f American Illegitimacy Laws— Continued. State. V oid marriages and divorce. Presumption of legitimacy. V E R M O N T .. Children of incestuous marriages, ille gitimate. Children of marriages annulled account lunacy, legitimate and inherit as if parent had been of sound m ind. A t tim e marriage is annulled or divorce granted or later, upon petition of either parent, court makes decree as t o care and custody of child. V IR G IN IA i. Children of null marriages are legiti mate. W A S H IN G T O N » Jurisdiction. Civil or criminal. Designa tion. P relim inar y proceedings. Trial. Recognizance taken with surety for appearance before county court. Trial shall be b y ju ry on request of either party. Evidence. Compulsion to disclose name of father. Accusation in travail. Judgment. H ow and to whom paid. Period of paym ent. Amount. Period of support. Mother is a competent witness and a compellable witness except she shall not be forced to answer as to pregnancy until 30 days after de livery. If judgm ent is against accused, he stands charged w ith support of child with assistance of mother so long as the child is likely to need it, in such manner as judge shall determine. H e shall p ay to mother such propor tion of expenses already accrued as judge deems just. See previous colu m n . Marriage of parents and acknowledgment b y father legitimates illegitimate child. Seenöte 3. See note 8. Illegitimate child inherits from m other and transmits inheritance to her as if legiti mate. Subsequent marriage of parents with rec ognition b y father of child, either before or after marriage, legitimates illegiti mate child. V IR G IN IA .1 Subsequent marriage of parents and acknowledgment b y father legiti mates illegitimate child and renders child capable of representing his father and mother in the m atter of inheritance. See note 3.............................................................. Under workm en’s compensation statute “ ch ild ” includes illegitimate child legiti m ated prior to injury. Inherits from mother. Does not represent m other in m atter of inheritance unless there is a subsequent marriage of parents. Estate of illegitimate descends to mother. If parents of illegitimate child m arry and father acknowledges child, latter is legiti mated and so inherits. If there is no marriage of parents, b u t father acknowl edges child, latter inherits from father. W A S H IN G T O N .1 County where the m other resides. Justice for preliminaries; county court for trial. A n y single woman pregnant with or delivered of bastard. Overseers of poor may cause wom an to be brought before justice and m ay prosecute in her name. Process. Lim i Complaint m ay be before or after birth W arrant. Accused m ust give bond with surety. Judgment m ay be enforced b y mak ing m otion against accused and his sureties. Judgment is guilty or not guilty. If guilty, accused is charged with future maintenance of child and past expenses, including costs of confinement, in such manner as judge sees fit. 16 years Judgment is secured b y bond to county or town. On failure to give bond accused is com m itted, but after 90 days m ay be discharged for insolvency. Accused m ay be discharged if he set tles with complainant with consent of board of supervisors and gives bond to indem nify cou nty or tow n. Officials of city, town, or county may compromise, discharging de fendant from further liability. . Court shall require security for enforce m ent of j udgment; for failure to give it, accused shall be imprisoned, but after three m onths m ay be dis charged for insolvency. I f accused absconds, m ay issue attachment order. Accused m ay be discharged if he pays the complainant such sum as she agrees upon and gives bond ap proved b y justice or judge toindem nify county. Agreement m ust be acknowledged before court b y both parties. Proceedings can be had only after birth and m ust he started before child is 3 years old. Warrant Justice examines complainant under oath and reduces her statement to writing. Then without any hearing on the merits binds defendant with security to appear for trial. Trial shall be b y ju ry unless waived. After accusation, proceedings m ay be in name of cou nty court ana prosecuting attorney shall appear for complainant. Issue of null marriages, legitimate. If person enters into marriage, having another spouse living, b u t acts in good faith, children are legitimate if impedim ent is rem oved and parties continue to live as husband and wife. Marriage of parents of illegitimate child legitimates it. See note 1............................................................ See note 3. See note 5. See note 7. A bandonm ent statute applies to illegiti m ate child as well as to legitimate child. If b y proceedings paternity of illegitimate child is determined, child is given name of father in birth report. It is d u ty of parent of illegitimate child under 16 to support and provide for it. Illegitimate child inherits from and trans m its inheritance to mother. Illegitimate child can not represent father or mother unless before his death he has been legiti m ated b y marriage of parents as law pre scribes. It is d u ty of Illegitimate child’s parent to support it if child be under 16. If child is illegitimate, but its paternity has been determined, it is given name of father in birth report. Illegitimate child inherits from person who has pu b licly acknowledged self to be its father or has been so adjudged; can not claim as representing father or mother in matter of inheritance unless before his death he has been legitimated b y marriage of par ents as law prescribes. County or, in some cases, tow n where m other resides. Justice or any court of record for preliminaries; county court for trial. A n y female pregnant with or delivered of bastard, or officers of cou nty or tow n if child is apt to be public charge, may m ake com plaint. Proceedings m ay be started before or after birth. Warrant W ISCONSIN. Complainant is examined under oath and accused m ay cross-examine her before justice. Justice may require bond; on failure to give it accused is bound over to county court by recog nizance with sureties. If m other fails to prosecute after com plaint, officers m ay d o so. Court m ay appoint counsel to assist dis trict attorney in bastardy cases. Mother m ay be made to testify, or if dead her testim ony before justice m ay be read in evidence. Issue of incestuous marriages, illegiti m ate. I f marriage is void account of nonage, insanity, or idiocy, issue legitimate as to capable party (if both parents are under age issue is legitimate as to older); if marriage void account of previous marriage, but contracted in good faith, issue legitimate as to capable party. _ If divorce account adultery of wife, legitimacy not affected, but illegiti m acy m ust be proved. Subsequent marriage of parents of illegitimate child and acknowledg m ent b y father legitimates it. See note 3..........— «............ .............................. See note 6. Unmarried m other of child about to be b o m or under 21 m ay b y will or deed dispose of custody of such child to proper person during its m inority. Illegitimate child inherits from and trans m its inheritance to its mother. Subsequent marriage of parents of illegiti mate child and acknowledgment b y its father legitimates it. A n y justice of peace has jurisdiction to m ake preliminary examination; cir cuit court for trial. A n y unmarried wom an pregnant with or delivered of bastard, or county commissioners interested in support of child, may m ake com plaint. Proceedings m ay be started before or after birth. Warrant. I f accused can not be found or is a nonresident of State, there shall be order of attachment and service b y pub lication. Complainant shall be examined b y justice under oath in presence of accused, who m ay question her in his defense. The justice recognizes defendant to appear before district court for trial. Trial shall be b y j ury and m ay proceed in absence of defendant. Exam ination before justice shall be If guilty, defendant shall stand charged with maintenance of child given in evidence. in such sum as court shall order. L O U IS IA N A ..................... Husband of m other considered father o f all children born during marriage. H usband can not disown child b y alleging im potency; can not disown child on account of adultery unless child’s birth concealed from him, Child, capable of living, born before one hundred and eightieth day after marriage not presumed to be child o f husband; same rule in case child b o m 300 days after divorce or dissolution of marriage. In case of divorce from bed and board, legitim acy of child m ay be contested unless there has been cohabitation of husband and wife since decree. In case of voluntary separation, cohabitation always presumed. Presumption o f paternity of husband fails when husband so rem ote that cohabitation is physically impossible. Husband can not contest legitimacy o f child b o m before one hundred and eightieth day after marriage if he knew of wife’s pregnancy before marriage or if he was present at birth or baptism of child and signed its birth or baptismal record. Father m ust contest legitim acy of child m 1 m onth if he be where child was b o m or in 2 m onths after his return if absent or after discovery of fraud m conceal m ent of birth. I f husband does not question legitimacy of child and dies before period allowed for such contest, his heirs at law m ay contest within 2 m onths after child has taken possession of estate of husband or after heirs have been disturbed b y child in their possession. That child is legitimate m ay be proved b y transcript of birth or baptism register; b y circumstances: (1) that child called b y surname o f father; (2) that father treated him as his child; (3) that child has been acknowledged as such before world and in fam ily; (4) .by written or oral evidence. Filiation m ay be disproved b y showing that he is not child of m other he claims to be or is not child of husband of mother. V oid marriage and divorce. Miscellaneous status provisions. General rights and duties in relation to illegitimates. P roof of parental descent. Subsequent marriage of parents. Private or religious marriages m ade valid and children declared legitimate if in specified time parties w ho have contracted such marriages shall m ake proper declarations before a notary. Marriage not valid and children not legitimated if impedim ent existed at tim e of private marriage. Children of such private _marriages so ac knowledged have full rights just as legitimate children. See note 6............................................................................................................................ ............. ................... Under workmen’s compensation statute “ legally adopted child ” m ay be deemed dependent upon deceased. Illegitimate child that law prohibits man from acknowledging m ay not be adopted. Parent of one adopted must consent. Mother is tutrix of her natural child not acknowledged b y father or acknowledged b y him without her consent. After m other’s death, father becomes tutor of natural child if he alone has acknowledged it. I f both father and mother have acknowl edged child, father is first tutor and in default of him, mother is. Such father or mother m ay choose tutor for natural child. Choice must be approved b y court. . . . There are tw o sorts of illegitimate children: (1) Those born from persons w ho might legally have married; (2) those born to persons who could not legally have married. Illegitimate children acknowledged b y father are called natural children; those not acknowledged b y their father or whose parents were incapable of marriage at time of conception or whose father is unknown are called bastards. Such children belong to no fam ily and have no relations. E ven when legally acknowledged they are not submitted to paternal authority. The parents owe alim ony to them when they are in need and the children owe alimony to parents when the latter are in need. The children m ay claim this ali m on y from heirs after death of parents. They can claim this right only if acknowledged b y person from whom they claim or that person has been adjudged the parent, and they must also be absolutely in need o f such ali m on y for support. I f during life parent has provided sufficiently for sup port of child, estate can not be held. Alim ony is due bastards, although they are incestuous or adulterous. Children not acknowledged are not kept from m aking proof of paternal de scent. Proof m ay be b y (1) writings in which father has acknowledged the bastard as his child or so called him ; (2) when thefather in public or private has acknowledged him as his child or called him such or educated him as such; (3) when the mother was living in a state o f concubinage with the father at his house at time the child was conceived. Claim of natu ral children m ay be contested b y those interested. Oath o f mother sup ported b y proof of cohabitation outside of father’s house is not enough if the woman was o f dissolute manners or has been guilty o f unlawful connection with another man before or since the birth. Illegitimate children m ay prove maternal descent providing the wom an is not married, but the child must show he is identically the same child that was brought forth. Subsequent marriage o f parents legitimates un less tne children were born from an incestuous or adulterous connection. Such legitimated children have same rights as if born during marriage. (P or Notes 1-8 see Sheet N o. 1 of Tabular analysis.) 1 N o bastardy support statute. Other means of legitimation. Either parent m ay legitimate his child b y declaration before a notary, using tw o witnesses, provided the parents at the tim e of conception could have contracted marriage ana provided there exists on part of parent no legitimate ascendants or descendants. Legitimation m ay be extendea to a deceased child who has left issue and in that case issue benefits thereby. The father m ay legitimate his natural child b y writing in own hand or causing to be executed b y the notary public a proper instrument attested b y three witnesses in which he acknowledges such person to be his child and designates him b y name. W here m an has several children b y one concubine the ac knowledgement as above in writing will legitimate them all, though the rest are not mentioned specifically. Where overseer of poor has started proceedings any com prom ise with out his consent is not valid against overseer. A s long as court m ay appoint. Unmarried female delivered of bastard child or married wom an living apart from husband for one year. Presum ption of legitimacy. Accused m ust give bond for perform ance of judgm ent or be com m itted, but he m ay be discharged after six m onths for insolvency. Judgment is enforced out of bond. If found guilty, court m ay order father to p ay to court for maintenance of child such sum as court sees fit. County where m other resides. Jus tice for preliminaries; circuit court for trial. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis State. Illegitimate child inherits from m other and transmits inheritance to her. Tim e of complaint and trial. tation. Marriage of parents of illegitimate child and recognition b y father legitimates child and its descendants. ' Mar See note 5............................................................ Birth registration contains no statement as to legitimacy. See note 2. Under workm en’s com pensation statute “ ch ild ” includes acknowledged illegitim atechild. In the wrongful death statute “ ch ild ” includes acknowledged illegiti m ate child. Mother of illegitimate child is its guardian until another is appointed. If m inor is illegitimate child, whose mother is dead and person adopting is its natural father, instrument of adoption does not require signature of child, b ut probate court makes proper orders as to care, cus tod y, and control of child. Who may make complaint. Illegitimate child inherits from and through its mother. No. 5. Effect of death of any of parties. riage of parents. Compromise. Subsequent marriage of parents and acknowledgment b y father legiti mates illegitimate child. Courts and locality of jurisdiction. See note 8............................................................. Abandonment statute applies to illegitimate as well as t o legitimate children. Birth registration is on such forms as board of health prescribes. 90956—19. Lien. Child and father. Subsequent marriage of parents of illegitimate child and recognition of it b y father legitimates it and its descendants. State. Security. Child and mother. Issue of null marriages or of those dis solved b y divorce, legitimate. In case of divorce account of adultery of wife, children begotten before action begun presumed legitimate. Enforcement. Miscellaneous status provisions. W E S T V IR G IN IA . W Y O M IN G Provisions in judgm ent as to name and status. Legitimation b y marriage of mother and father. On death of m other after com plaint, but before trial, the overseer of poor m ay continue suit in name of county. Liability on judgm ent ceases on death of child. VERM ONT. W E S T V IR G IN IA . W ISC O N SIN . If m other dies, prosecution shall not abate but shall go on in nam e of child. Death of child is no bar to suit; if child dies after judgm ent, judge shall m ake such reduction as he thinks proper. W Y O M IN G . Acknowledgment. Inheritance. Gifts. In general. Child m ay be acknowledged b y either parent be fore a notary in the presence of two witnesses. W hen the parents could legally have married at the tim e of conception, acknowledgment by the father without consent of mother is only effective as regards the father. Natural children inherit from mother if she has acknowledged them and has left no lawful descend ants. If she has left such descendants, the illegitimate children receive only moderate alimony. Natural children of the father only inherit from him when he has left no relatives. Adulterous or incestuous bastards inherit from neither parent but are allowed mere alimony. Illegitimate children do not inherit through the parents. The parents inherit from the natural children. If parents die before natural child his estate passes to his natural brothers or sisters. I f wife sur vives husband who has left no lawful ascendants or descendants, she inherits to exclusion of duly acknowledged natural child; in case husband survive, natural child takes precedence over him. Children who inherit from natural father or mother go into possession only b y order of judge. I f natural child inherits from mother deceased without lawful issue, child shall not be put in to possession without calling relations of deceased who would have inherited in default of natural child. If inheritance be from deceased natural father, faithful inventory must be made b y notary in presence of person appointed to defend interest of absent heirs of decedent. Natural children must give security amounting to two-thirds value of property into possession of which they have come. This is security for restitution in case legitimate heirs appear within 3 years. Child legitimated b y marriage after its conception takes only those successions opened since marriage of parents. Natural children b y gifts inter vivos or causa mortis can take only amount necessary for sustenance or occupation to maintain them if legitimate children are left. I f no legitimate children, natural children m ay take full amount. I f mother has left natural children only a part, they have no action against heirs for m ore than enough for maintenance. I f naturalfather has not left legitimate children, natural children take b y these gifts one-fourth i f he has left legiti mate ascendants; one-third if he has left m ore remote collateral relatives. Beyond these parts he m ust dispose of property in fa vor of legitimate relatives. Natural father and m other can in no case dispose of more property in favor of adulterous or incestuous children than enough to sustain them or to procure them an occu pation. Natural children make no part of children prop erly so called unless legitimated. Illegitimate child though acknowledged can not claim rights of legitimate children. E very claim of natural child m ay be contested b y those interested. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis REFERENCE INDEX TO ILLEGITIMACY LAWS OF THE UNITED STATES (In Effect January 1, 19 19 ) 59 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis REFERENCE INDEX TO ILLEGITIMACY LAWS OF THE UNITED STATES. [In effect Jan. 1, 1919.] P R E F A T O R Y N O TE . The following references to illegitimacy laws in force in the United States are arranged in two ways: First, according to a topical index, the States being grouped alphabetically under each topic; and, second, consecutively under each State. In the second grouping each reference is followed by a key word, indicating the subject to which it refers. ‘ The topical index has two main headings: The first, General and Status Legislation; the seeond, Support Legislation. The subtopics—Adoption, Registration of Births, etc.— are those within Jbhe scope of which illegitimacy legislation is usually found. Although the specific references cover the provisions concerning illegitimacy only, they may be used as a basis for finding also the rest of the law relating to any given subtopic. For a few subjects the list of States is nearly complete; for example, the birth registration laws of 37 States make some mention of illegitimate births and are therefore cited, and in order to determine the total number of States having birth registration laws, the laws of only the remaining 16 jurisdictions would need to be searched. With a few exceptions, judicial decisions were not examined in connection with compiling these references. 61 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis T O P IC A L I N D E X O F R E F E R E N C E S . G E N E R A L A N D ST A T U S L E G ISL A T IO N . A D O P T IO N .— Consent of mother required for the adoption of her illegitimate child. A R K A N S A S ....................... K irb y and Castle’s D igest 1916, sees. 1568, 1583. C A L IF O R N IA ...................Deering’s Civil Code 1915, see. 224, as amended by Laws 1917, eh. 558. I D A H O . . : . . ............. Revised Codes 1908, sec. 2703. I L L I N O I S .............. .......... .H u r d ’s Revised Statutes 1917, ch. 4, secs. 2, 9 a-9c; ch. 23, sec. 183: I O W A ................. t .............. Code 1897, sec. 3251. L O U I S I A N A ..................... Merrick’s Revised Civil Code 1912, art. 214. M A I N E ........ .. ...................... Revised Statutes 1916, ch. 72, sec. 36. M A S S A C H U S E T T S -------Revised Laws 1902, ch. 83, secs. 13, 17-19 ; ch. 154, sec. 2, as amended b y Laws 1904, ch. 302. M IC H I G A N .................. ...C o m p ile d Laws 1915, see. 14139. M IN N E S O T A ......... .....G e n e r a l Statutes 1913, secs. 7153—7155, as amended b y Laws 1917, ch. 222. M O N T A N A ---------. . . . . . .R e v ise d Codes 1907, sec. 3764. N E B R A S K A ....................... Revised Statutes 1913, secs. 1616, 1620. N E V A D A .......... ............... ..R e v is e d Laws 1912, secs. 731, 746, 5828. N E W H A M P S H I R E .. .P u b lic Statutes 1901, ch. 181, sec. 2. N E W M E X I C O ................ Statutes 1915, secs. 13, 17. N E W Y O R K ......................Birdseye Consolidated Laws- (2d ed.) 1917, vol. 2, Domestic Relations, ch. 14, secs. I l l , 113. N O R T H D A K O T A .....C o m p ile d L aw s 1913, sec. 4444. Laws 1911, ch: 177, sec. 17. _ , - -O K L A H O M A ..................R e v is e d Laws 1910, see. 4388. O R E G O N ............ ................ Lord’s Oregon Laws 1910, sec. 7099, as amended b y Laws 1915, ch. 31. S O U T H C A R O L I N A .. .Code 1912 (C ivil), sec. 3798. S O U T H D A K O T A ..........Revised Codes 1903 (C ivil), sec. 131. Laws 1915, ch. 119, sec. 23. T E N N E S S E E .................... Thom pson’s Shannon’s Code 1918, secs. 4436a-65al5. U T A H ....................................Compiled Laws 1917, sec. 13. V E R M O N T ......................... General Laws 1917, sec. 3757. W E S T V I R G I N I A ..........Laws 1915, ch. 70, sec. 20. W I S C O N S I N ................S t a t u t e s 1917, sec. 4022. A P P R E N T IC E S H IP .— Consent to, and binding out b y mother and others. A L A S K A ................... ...........Compiled Laws 1913, sec. 446. C A L IF O R N IA ................... Deering’s Civil Code 1915, sec. 265. 63 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 64 IL L E G IT IM A C Y L A W S . A P P R E N T IC E S H IP — Continued. C O L O R A D O ....................... Revised Statutes 1908, sec. 134. D E L A W A R E ......................Revised Code 1915, secs. 3102, 3112. I L L I N O I S .............. ............. H urd’s R evised Statutes 1917, ch. 9, sec. 2. M A R Y L A N D ......................Annotated Code, vol. 1, 1911, art. 6, sec. 11. M A S S A C H U S E T T S .. ..(A p p ren ticesh ip Law repealed b y Laws 1918, ch. 257, sec. 402.) M I C H I G A N .____. . . . . . .Com piled Laws 1915, sec. 11517. N O R T H C A R O L I N A ...P e l l ’s Revisal 1908, see. 201, O R E G O N .................. .........Lord’s Oregon Laws 1910, see. 7059. S O U T H C A R O L I N A ...C o d e 1912 (C ivil), sec. 973. T E N N E S S E E ................T h o m p so n ’s Shannon’s Code 1918, secs. 2708, 4322. V E R M O N T .. . . . . . . . . . .General Laws 1917, secs. 3732-3733. B IR T H S A N D D E A T H S , C O N C E A L M E N T O F , B Y M O T H E R . A L A S K A ............ . . . . ........ Compiled Laws 1913, secs. 2005-2006. A R K A N S A S .^ .. . . ............K irby and Castle’ s Digest 1916, secs. 1907-1908. C O L O R A D O .......................Revised Statutes 1908, sec. 1641. C O N N E C T I C U T .. . . . . .General Statutes 1918, secs. 6389-6390. F L O R I D A ....................G e n e r a l Statutes 1906, secs. 3218-3219. G E O R G I A ______ _____ ..P a r k ’s Annotated Code, 1914 (Penal), sec. 79. H A W A I I . . . , . * . . . . . . . . . Revised Laws 1915, sec. 4164. I L L I N O I S . . . . . . . . . . . . . ! .H u rd ’s Revised Statutes 1917, ch. 38, sec. 44. K E N T U C K Y ......................Statutes 1915, sec. 1220. M A I N E .................. ...............Revised Statutes 1916, ch. 126, sec. 8. M A S S A C H U S E T T S -------Revised Laws 1902, ch. 212, secs. 17-18. M IC H I G A N ........................ Compiled Laws 1915, secs. 15469-15470. M IN N E S O T A .................G e n e r a l Statutes 1913, sec. 8697, as amended b y Laws 1917, ch. 231. M I S S O U R I . . . . . . . . ......... Revised Statutes 1909, sec. 4470. N E V A D A .................... ...R e v is e d Laws 1912, sec. 6450. N E W H A M P S H I R E .. .P u b lic Statutes 1901, ch. 278, sec. 14. N E W J E R S E Y ..............C o m p ile d Statutes 1910, vol. 2, p. 1784, sec. 118. N E W Y O R K ......................Birdseye Consolidated Laws (2d e d .), 1917, vol. 5, Penal Law, ch. 40, sec. 2461. N O R T H C A R O L I N A . .P e l l ’s R evisal 1908, sec. 3623. N O R T H D A K O T A ......... Compiled Laws 1913, sec. 9606. O K L A H O M A .................... Revised Laws 1910, secs. 2438, 2807. O R E G O N .............................Lord’s Oregon Laws 1910, secs. 2080, 2088. P E N N S Y L V A N I A -------.Stewart’s Purdon’s Digest, vol. 1, p. 901, sec. 3. R H O D E I S L A N D .. . . .General Laws 1909, ch. 347, secs. 10-11. " S O U T H D A K O T A .........Revised Code 1903 (Penal), secs. 344, 794. V E R M O N T .................... .General Laws 1917, secs. 6804-6805. W A S H I N G T O N ..............R e m in g to n ’ s Codes and Statutes 1915, sec. 24&2. W IS C O N S IN ........................S ta tu te s 1917, secs. 4585-4586. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis R EFER ENCE IN D E X TO L A W S OF T H E .U N IT E D STATE S. 65 B IR T H S , R E G IS T R A T IO N O F .— Statement as to whether child is legitimate or illegitimate, and registration on st a n d a r d c e n s u s f o r m ; miscellaneous. A L A B A M A ......................... Code 1907,,sec. 711, as amended b y Laws 1 9 1 1 ,p. 116. A L A S K A ............................ Laws 1913, ch. 35, sec. 2. A R I Z O N A .......... ............R e v i s e d Statutes 1913, Civil Code, sec. 4418. C O L O R A D O ............ .......... Revised Statutes 1908, sec. 384. D E L A W A R E ...................R evised Code 1915. sec. 808. D IS T R IC T OF CO L U M B IA .........................34 U . S. Statutes at Large, p. 1010, ch. 2280, sec. 1. F L O R I D A .............. ...L aw s 1915, ch. 6892, sec. 14. G E O R G I A .................... ..P a r k ’ s Annotated Code 1914 (Political), sec. 1676 (bb). H A W A I I ........... ...R evised Laws 1915, sec. 1133, as amended b y Laws 1915a.48, sec. 1142. I D A H O ........... ...Law s 1911, ch. 191, sec. 14. I L L I N O I S .......... ................H u rd ’s Revised Statutes 1917, ch. 111§, sec. 31. I O W A ....................................Laws 1917, ch. 326, sec. 6. K E N T U C K Y .. . . . . . . . . .Statutes 1915, sec. 2062a.l4. L O U I S I A N A . . . . . ............Laws 1918, No. 257, sec. 14. M A S S A C H U S E T T S .. ..'R evised Laws 1902, ch. 29, sec. 1, as amended b y Laws 1910, ch. 322, sec. 25. Laws 1912, ch. 280, sec. 2; sec. 3 repeals Revised Laws 1902, ch. 29, sec. 3. M IC H I G A N .........................Compiled Laws 1915, sec. 5614. M IN N E S O T A .................... General Statutes 1913, secs. 4651-4652 and 4661-4662 as amended, and 4653a and 4660a-4660b as added, by Laws 1917, ch. 220. Laws 1917, ch. 212, secs. 8 -10. M I S S O U R I .............. ....R e v i s e d Statutes 1909, sec. 6677. M O N T A N A ..... .................... Revised Codes 1907, sec. 1769. N E B R A S K A .. . . . . . . . . R e v i s e d Statutes 1913, sec. 2748. N E V A D A _____. . . . . . . . . R e v i s e d Laws 1912, sec. 2965. N E W Y O R K . . . . . . . . . . . Birdseye Consolidated Laws (2d ed.) 1917, vol. 6 Public H ealth, ch. 45, sec. 383. N O R T H C A R O L I N A . .P e ll’ s Revisal 1908, sec. 5438b(14), items 6 and 8, Sup plem ent 1913 (1913, ch. 109, sec. 14). N O R T H D A K O T A ..___Compiled Laws 1913, sec. 447. Laws 1915, ch. 183, sec. 8. O H I O ..................................... General Code 1910, sec. 219 (items 5 and 6), as amended b y Laws 1913, p . 194. O K L A H O M A ........... ...L a w s 1917, ch. 168, sec. 14 (6). O R E G O N .................... ....L a w s 1915, ch. 268, sec. 13, as amended b y Laws 1917, eh. 384. P E N N S Y L V A N I A .......... Stewart’s Purdon’ s Digest, Supplement 1905-1915, vol. 6, p. 7303, sec. 20 (1915, No. 402, p. 900, sec. 14). P O R T O R I C O . . . . . . . . . R e v i s e d Statutes and Codes 1911, secs. 231-233, 235. T E N N E S S E E . ........ .T h o m p s o n ’ s Shannon’s Code 1918, see. 3118a-51. T E X A S . . . . . . . . . . . . . . .L aw s 1917, ch. 129, sec. 9. 9 0 9 5 6 °— 1 9 - — 5 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 66 IL L E G IT IM A C Y L A W S . BIRTHS, REGISTRATION OF— Continued. U T A H ........ ........................... Compiled Laws 1917, sec. 5052. V E R M O N T .. . . . . . . . . . . .General Laws 1917, sec. 3786. V I R G I N I A . ; ....... .............Code 1904, Supplem ent 1016, p . 845, sec. 1 4 ; sec. 2 0, a3 amended b y Law s 1018, ch. 58. W A S H I N G T O N ................ R em ington's Codes and Statutes 1915, sec. 5435. W IS C O N S IN .................Statutes 1917, secs. 1022-30 (items 5 and 21). W Y03V IIN G ......................... Compiled Statutes 1910, sec. 2957. CUSTODY.;—Surrender thereof to institution, etc. g itim a c y • (See also provisions in '“ I lle P r o c e e d in g s . ” ) C A L I F O R N I A ..................Heering’ s Civil Code 1915, sec. 200. G E O R G I A ......................... .P ark’s Annotated Code (Civil), sec. 3028. I L L I N O I S ........................... Hurd’ s Revised Statutes 1917, ch. 17, sec. 13. I O W A ...................................Code 1897, Supplement 1913, sec. 3260-c. L O U I S I A N A ...................... Merrick’s Revised Civil Code 1912, arts. 213, 238. M A R Y L A N D ..................... Annotated Code, vol. 3 (1914), art. 27, secs. 484r-488, as added b y Laws 1916, ch. 210. M A S S A C H U S E T T S .. . .R evised Laws 1902, ch. 83, sec. 13. M IC H IG A N ........................ Com piled Laws 1915, see. '7280. M IN N E S O T A .................... General Statutes 1913, sec. 7154, as amended b y Laws 1917, ch. 222. M O N T A N A .............. ....R e v i s e d Codes 1907, sec. 3745. N E V A D A .. --------------- Revised Laws 1912, sec. 766. N E W H A M P S H IR E — Publie Statutes 1901, Supplem ent 1913, p . 163 (1911, ch. 124, sec. 12). N E W J E R S E Y ................. Laws 1913, ch. 331, sees. 1 -3 . N O R T H C A R O L I N A . . Laws 1917, eh . 59, .secs. 1 -3 . N O R T H D A K O T A ------- Compiled Laws 1913, sec. 4425. O K L A H O M A .---------------R evised Laws 1910, sec. 4369. P O R T O R I C O ......... , . -R evised Statutes and Codes 1911, sees.. 184, 8292. S O U T H D A K O T A --------- Revised Codes 1903 (C ivil), sec. 112. T E N N E S S E E .................... Thom pson’s Shannon’s Code 1918, sec. 7346 (See Court Decision “ 1 Y e r. '92” under see. §408). U T A H ............................. .. .Com piled Laws 1917, sec. 391. W Y O M I N G ......................... Com piled Statutes 1910, sec. 5739, as am ended b y L aw s 1915. ch . 143. * DEFINITIONS .— (For definitions in certain States, see also “ I lle g itim a c y P ro c e e d in g s . ” ) G E O R G I A ........................... Park’s Annotated Code 1914 (C ivil), sec. 3026. L O U I S I A N A .................. .. .M errick’s R e vised Civil Code 1912, arts. 2 7 ,1 7 8 ,1 8 0 -1 8 3 , . 202, an d 3556(8).. P O R T O R I C O ...................R evised Statutes and Codes 1911, secs. 3250, 3263. (See also “ L e g it im a c y , P r e su m p t io n op. ” ) DIVORCE— (For effect of divorce on legitim acy of children, see “ M a r r ia g e D iv o r c e . ” ) https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis and R EFE R E N CE IN D E X TO L A W S OF T H E U N IT E D S T A T E S . 67 G U A R D IA N S H IP O F M O T H E R , C O N S E N T T O A P P O IN T M E N T O F G U A R D IA N , E T C .: A R I Z O N A ......................... .R evised Statutes 1913, Civil Code, see. 1118. A R K A N S A S ......................K irb y and Castle’s Digest 1916, sec. 4155. C A L I F O R N I A ...................Deering’s C ivil Code 1915, sec. 241. C O N N E C T IC U T ................ General Statutes 1918, sec. 4863. G E O R G I A ........... ............P ark ’s Annotated Code 1914 (C ivil), sec. 3045. I D A H O . . . ............ . .............Revised Codes 1908; sec. 5781. L O U I S I A N A . . . . ..............M errick’s R evised Civil Code 1912, arts. 256, 261. M IS S O U R I ..........................R evised Statutes 1909, sec. 403, as amended b y Laws 1913, p. 92. M O N T A N A ...................... .R evised Codes 1907, sec. 3778. N E W M E X I C O ... ........... Statutes 1915, sec. 2577. N E W Y O R K ......................Birdseye Consolidated Laws (2d e d .) 1917, vol. 2;' Domestic Relations, ch. 14, sec. 86. N O R T H D A K O T A ......... Compiled Laws 1913, sec. 4456. O K L A H O M A ......................R evised Laws 1910, sec. 3326. S O U T H D A K O T A .......... R evised Codes 1903 (C ivil), sec. 144. V E R M O N T .. ............, ------General Laws 1917, sec. 3636. W Y O M I N G ......................... Compiled Statutes 1910, sec. 5739, as amended b y Laws 1915, ch. 143. IN C E S T U O U S M A R R IA G E S .— Specifically applied to illegitimate relationship. (For legitim acy of children, see “ M a r r ia g e a n d D iv o r c e . ” ) A L A B A M A .... . . . . . . . ...C o d e 1907, secs. 4877-4878. ' A R I Z O N A . . . . ....................R evised Statutes 1913, Civil Code, sec. 3838. A R K A N S A S ....................... K irb y and Castle’s Digest 1916, sec. 6083. C A L IF O R N IA ..................Deering’s Civil Code 1915, sec. 59. C O L O R A D O ....................... R evised Statutes 1908, secs. 1769-1770, 4163-4164. I D A H O ........................... ..-R evised Codes 1908, sec. 2615. I L L I N O I S ............ .............H u rd ’s R evised Statutes 1917, ch. 89, sec. 1. K A N S A S .................. ............General Statutes 1915, sec. 6135. K E N T U C K Y ................... .. Statutes 1915, sec. 2096. L O U I S I A N A ...................... Merrick’s R evised Civil Code 1912, arts. 94-95. M IS S O U R I ....................... ’.R evised Statutes 1909, Bee. 8280. M O N T A N A .. .................... R evised Codes 1907, sec. 3611. N E B R A S K A ...................... R evised Statutes 1913, secs. 1542, 8769. N E W M E X I C O ........ ....S t a t u t e s 1915, sec. 3430. N E W Y O R K ......................Birdseye Consolidated Laws (2d ed .) Domestic Relations, ch. 14, sec. 5. 1917, vol. 2, ■N O R T H D A K O T A ......... Compiled Laws 1913, sec. 4359. P O R T O R I C O . . ' ..............(See footnote to section 5717 of the R evised Statutes and Codes 1911.) S O U T H D A K O T A .......... R evised Codes 1903 (C ivil), sec. 38. U T A H ................— . . . . . .Com piled Laws 1917, sec. 2966. W Y O M I N G ........................Compiled Statutes. 1910, sec. 3917. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 68 * IL L E G IT IM A C Y L A W S . - INHERITANCE. ' A L A B A M A ......... ........... .Code 1907, secs. 3760-3761. A L A S K A ...... ....................... Compiled Laws 1913, secs. 597-593. A R I Z O N A ................. .......... R evised Statutes 1913, Civil Code, secs. 1103-1104: ; A R K A N S A S .......................K irby and Castle’s Digest 1916, sec. 2852. C A L I F O R N I A ............... .D eering’s Civil Code 1915, secs. 1387-1388. C O L O R A D O ...... ............... R evised Statutes 1908, secs. 7046, 7049. C O N N E C T IC U T ............... General Statutes 1918, sec. 5061. • D E L A W A R E ........ ..............R evised Code 1915, secs. 3087-, 3087a, as added b y Laws 1917, ch. -229, 3269. D I S T R IC T OF CO L U M B I A .............. ........... Code of Law 1911, secs. 387, 957-958. F L O R I D A ........................... General Statutes 1906, sec. 2292. G E O R G I A .................... ’. . .P ark’s Annotated Code 1914 (C ivil), secs. 3029-3030. H A W A I I .............................R evised Laws 1915, secs. 3248-3249, 2995. I D A H O .................................R evised Codes 1908, secs. 5703-5704. I L L I N O I S .....................i . .H u r d ’s R evised Statutes 1917, ch. 39, secs. 2 -3 . I N D I A N A . . . ...................... Burns’ Annotated Statutes 1914, secs. 2998, 3000, 3002. I O W A ........................ ............ Code 1897, secs. 3384-3385. K A N S A S . . . . . . . . . ____ .General Statutes 1915; secs. 3844-3847. K E N T U C K Y ../. .............Statutes 1915, secs. 1397-1398. L O U I S I A N A ............. ...... .M arr’s Annotated Revised Statutes 1915, sec-. 4142. Merrick’s Revised Civil Code 1912, arts. 206-212, 9 l7 — 929, 933, 949, 954, 1483-1488. M A I N E ............ .....................Revised Statutes 1916, ch. 65, sec. 13; ch. 80, sec. 3. M A R Y L A N D .................‘..A n n o ta ted Code, v o l. 1 (1911), art. 46, secs. 2 9 -3 0 ; vol. 2 (1911), art. 93, sec: 134. M A S S A C H U S E T T S ____ Revised Laws 1902, ch. 133, secs. 3 -5 . M I C H I G A N .. . . . . . . . . . . Compiled Laws 1915, secs. 11796-1T798. M IN N E S O T A ................... General Statutes 1913, secs. 7240-7241. M IS S IS S IP P I................ ..C o d e 1906, sec. 1655. M I S S O U R I . . . . . . . . . ____ Revised Statutes 1909, sec. 340. M O N T A N A ......................... Revised Codes 1907, secs. 4821-4822. N E B R A S K A .......................R evised Statutes 1913, secs. 1273-1274. N E V A D A ........................... R evised Laws 1912, secs. 6117-6118. N E W H A M P S H I R E .. .P u b lic Statutes 1901, ch. 196, sec. 4 (Supplem ent 1913, p. 462), sec. 5; ch. 174, sec. 18. N E W J E R S E Y ................Com piled' Statutes 1910, vo l. 2, p . 1923, sec. 13, as amended b y Laws. 1917, chs. 139 and 246; vo l. 3, p. 3874, sec. 169, as amended b y Laws 1918, ch. 63. • N E W M E X I C O ................ Statutes 1915, secs. 1850, as amended b y Laws 1915, ch. 69 (see also Statutes 1915, A pp endix, p . 106); 1851; 1856. N E W Y O R K ......................Birdseye Consolidated L aw s (2d ed .) 1917, vol. 2., Decedent E state, ch. 13, secs. 89, 98. N O R T H C A R O L I N A ...P e l l ’s R evisal 1908, secs. 136-137, 264; sec. 1556, ru le 9, Supplem ent T913 (as amended b y Laws 1913, ch. 71); rules 10 and 13. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis R EFE R E N CE IN D E X TO L A W S OF T H E U N IT E D ST A T E S. 69 IN H E R IT A N C E — Continued. N O R T H D A K O T A .........Compiled Laws 1913, secs. 5745-5746. Laws 1917, ch. 70, sec. 1. O H I O ....................................General Code 1910, secs. 8590-8591. O K L A H O M A ....................Revised Laws 1910, secs. 8420-8421. O R E G O N ...... ...................... Lord’s Oregon Laws 1910, secs. 7351-7352. . Laws 1917, ch. 48, sec. 14. P E N N S Y L V A N I A .......... Stewart’s Purdon’s Digest 1700-1903, vol. 2, p. 2004, , secs. 52 (in part repealed b y Laws 1917, No. 192, pp. 444-445), 55. Laws 1917, No. 192, secs. 14-15, 2 7-28. P O R T O R I C O .................. Revised Statutes and Codes 1911, secs. 3265, 3809, 3886-3891, 4001, 4005-4009. R H O D E I S L A N D ...........General Laws 1909, ch. 316, sec. 7. S O U T H C A R O L I N A ...C o d e 1912 (C ivil), secs. 3454, 3562, 3575, 3798. S O U T H D A K O T A ..........R evised Codes 1903 (C ivil), secs. 1096-1097. T E N N E S S E E .................... Thompson’s Shannon’s Code 1918, secs. 4166-4167 (sec. 4168 was declared unconstitutional in 130 Tenn. 494), 4169. T E X A S ................ ............ ..R e v is e d Statutes 1911 (C ivil), arts. 2472-2473. U T A H ........................... . .-C om p iled Laws 1917, secs. 6413-6414, 6428-6430. V E R M O N T ........................General Laws 1917, secs. 3418-3419. V I R G I N I A .......................Code 1904, secs. 2552-2554. W A S H IN G T O N ............. .R em in gton ’s Codes and Statutes 1915, secs. 1345-1346. W E S T V I R G I N I A _____ Barnes’ Code 1916, ch. 78, secs. 5 -6 . W I S C O N S I N ...________ Statutes 1917, secs. 2273-2274. W Y O M I N G ........................ Compiled Statutes 1910, secs. 5731-5733. JU VE N ILE C O U R T S .— Petition to state name of mother of child of illegitimate birth. Notice to mother. (For consent to adoption under juvenile court laws, see “ A d option . ” ) A R K A N S A S .......................K irb y and Castle’s Digest 1916, sec. 1568. I L L I N O I S ...................... . .H u r d ’s Revised Statutes 1917, ch. 23, secs. 172-173. K E N T U C K Y .........¿ .....S t a t u t e s 1915, sec. 331e.4. M IC H I G A N ......... ...............Compiled Laws 1915, sec. 2017 (juvenile court law pro vides relief for unmarried mother of dependents). M IN N E S O T A ......... ...........Laws 1917, ch. 397, sec. 1 (child of illegitim ate birth is classed as a “ d ependent” in the juvenile court law ). M O N T A N A . . . . . . . . . . . . Laws 1911, ch. 122, sec. 5, N E V A D A . . . . .................. .R evised Laws 1912, sec. 731. N O R T H D A K O T A .....L a w s 1911, ch. 177, secs. 5 -6 . S O U T H D A K O T A . . . . . Laws 1915, ch. 119, secs. 5 -6 . W E S T V I R G I N I A ..........Laws 1915, ch. 70, secs. 4 ; 5, as amended b y Laws 1917, ch. 63. L E G IT IM A C Y , P R E S U M P T IO N O F , E T C . C A L I F O R N I A .. . . . . . . .D eerin g’s Civil Code, secs. 193-195, Deering’s Code of Civil Procedure, secs. 1962 (5), 1963 (31). https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 70 IL L E G IT IM A C Y L A W S . L E G IT IM A C Y , P R E S U M P T IO N O F , E T C — Continued. G E O R G I A ............. ............Park’s Annotated Code 1914 (C ivil), sec. 3012. L O U I S I A N A ...................... Merrick’s Revised Civil Code 1912, arts. 184-197; 208-212. M O N T A N A .........................R evised Codes 1907, secs. 3738-3740. N O R T H D A K O T A .........Compiled Laws 1913, secs. 4420-4422, 7935 (5), 7936 (31). O K L A H O M A .................... Revised Laws 1910, secs. 4364-4366. O R E G O N ............................. Lord’s Oregon Laws 1910, secs. 798 (6), 799 (32). P O R T O R I C O .................. Revised Statutes and Codes 1911, secs. 3250-3256. S O U T H D A K O T A ..........Revised Codes 1903 (Civil),- secs. 107-109. L E G IT IM A T IO N , M E T H O D S O F . B y subsequent marriage of parents, b y judicial proceeding, b y writing, and b y open and notorious acknowledgment or b y adoption of child b y father: A L A B A M A .........................Code 1907, secs. 5199-5201. A L A S K A .............................. Compiled Laws 1913, secs. 438, 597-598. A R I Z O N A ........................... Revised Statutes 1913, Civil Code, secs. 1103, 1198, 3840. A R K A N S A S ......................K ir b y and Castle’s Digest 1916, sec. 2853. . C A L I F O R N I A ...................Deering’s Civil Code 1915, secs. 215, 230, 1387. C O L O R A D O .......... ......... .R evised Statutes 1908, sec. 7046. C O N N E C T I C U T .___...G e n e r a l Statutes 1918, sec. 5061. DELAW ARE. D IS T R IC T OF ------ . . . (No provisions.) CO L U M B I A .........................Code of Law 1911, sec. 957. F L O R I D A ...........................General Statutes 1906, sec. 2602. G E O R G I A ......................... .Park’s Annotated Code 1914 (Civil), secs. 3012-3013. H A W A I I ............... ...............Revised Laws 1915, sec. 2996. I D A H O ................................. Revised Codes 1908, secs. 2699, 2709, 5703. I L L I N O I S ........................... H urd’s Revised Statutes 1917, ch. 17, sec. 15; ch. 39, sec. 3. I N D I A N A .. . . . . . . . ____ .B u rn s’ Annotated Statutes 1914, secs. 3000-3001. I O W A ........... .. ................... .Code 1897, secs. 3150, 3385. «K A N S A S . . . . . . . . . . . General Statutes 1915, sec. 3845. K E N T U C K Y .....................Statutes 1915, sec. 1398. L O U I S I A N A ..................... Marr’s Annotated Revised Statutes 1915, secs. 414 2 4143. Merrick’s Revised Civil Code 1912, arts. 198-201, 2 0 3 206. M A I N E ................................. Revised Statutes 1916, ch. 80, sec. 3. M A R Y L A N D .......... 1 . . . . Annotated Code, vol. 1 (1911), art. 46, sec. 29. M A S S A C H U S E T T S .___Revised Laws 1902, ch. 133, sec. 5. M IC H I G A N ........................Compiled Laws 1915, secs. 11387-11391. 11798. M IN N E S O T A .................... General Statutes 1913, secs. 7105, 7240. # M IS S IS S IP P I ............ . .Code 1906, sec. 542, as amended b y Laws 1910, ch. 185; sec. 1655. M IS S O U R I ................. ....R e v i s e d Statutes 1909, secs. 341, 344. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis R E FER ENCE IN D E X TO L A W S OF T H E U N IT E D ST AT E S. 1T1 L E G IT IM A T IO N , M E T H O D S O F — Continued. M O N T A N A ........................R evised Codes 1907„ sees. 3760, 3770, 4821. • N E B R A S K A ...... ........... .. .R evised Statutes 1013, spc. 1273. N E V A D A ........ ................ .. .R evised Laws 1912, sec®. 2351, 5833, 6117. N E W H A M P S H I R E .. . Public Statutes 1901, eh . 174, sec. 18. N E W J E R S E Y . ------------Compiled Statutes 191®, v d . 3 , p . 3874, sec. 169, as am ended fey Laws 1918, ch. 63. Laws 1914, da. -5, sec. 1 . Laws 1915, ch. 173, secs. 1 -3 . N E W M E X I C O ------------- Statutes 1915, sec. 1850, as amended b y Laws 1915, ch. 69 (see also Statutes 1915,, Appendix, p. 106).; 1852: N E W Y O R K ......................Birdseye Consolidated Laws (2d ed.) 1917, vol. 2, Do mestic Relations, ch. 14, sec. 24. N O R T H C A R O L I N A . . . P e ll’s R e v is a ll9 0 8 , secs. 263-264. - Laws 1917, eh. 219, sees. 1 -2 . N O R T H D A K O T A --------Compiled Laws 1113, secs. 4421, 4450, 5745. Laws 1917, eh. 70, secs. 1 -3 . O H IO . .................................. General Code 1910, sec. 8591. O K L A H O M A ..................... Revised Law s 1910, secs. 4365; 4399, as amended by Laws 1910-1911, p . 169, ch . 73; sec. 8420. O R E G O N .................. .......... Lord’s Oregon Laws 1910, secs. 7026, 7351-7352. Law® 1917, ch . 48, sec. 14. P E N N S Y L V A N I A .......... Stewart’s Burden’s Digest 1700-1903, vol. 3, p . 2445, sec. 31 <in part repeated b y Laws 1917, No. 192, pp. 443-444). Laws, 19.17, N o - 192, sec. 15(d)! P O R T O R I C O .................Revised Statutes and -Codes 1911, secs. 235, 405, 3250, 3257-3265, 3389, 3809. R H O D E I S L A N D .. . . .(N o provisions.) S O U T H C A R O L I N A .. . (N oepecific provisions, b u t consult Civil Code 1912, sec. 3798.) ■ S O U T H D A K O T A .------ Revised Codes 1903 (Civil), secs. 108, 138, 1096.. T E N N E S S E E ................... Thompson’« Shannon’s Code 1918, secs. 5402,5406-5408, 5412-5413, 6027 (10), 6069. T E X A S ......................... . . .R evised Statutes 1911 (C ivil), art. 2472. U T A H ....................................Compiled Laws 1917, secs. 19, 393, 6413. V E R M O N T ......... .............. General Laws 1917, sec. 3419. V I R G I N I A ..........................Code 1904, see. 2553. W A S H I N G T O N ................ Remangton’ s Codes and Statutes 1915, secs. 1345, 7155. W E S T V I R G I N I A .------ Barnes’ Code 1916, eh. 78, see. 6 . W IS C O N S IN ............. .. . .Statutes 1917, secs. 2274 , 2339n-25. W Y O M I N G .: -----------------Oempifed-Statutes 191®, see. 5731. • •M A R R IA G E A N D D IV O R C E .— Effect of void and annulled marriages and of divorce on legitimacy of children, etc.-: A L A B A M A .. . . . . . . . . ...C o d e 1907, secs. 3807, 4880. A L A S K A ........................... .'Compiled Laws 1913, sec. 597. Laws 1917, ch. 5 8 , secs. 12-14. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 72 t; ' IL L E G IT IM A C Y L A W S . M A R R IA G E A N D D IV O R C E — Continued. A R I Z O N A .............. ..... R e v i s e d Statutes 1913, Civil Code, secs,. 1103; 3864. as amended b y Laws 1917, ch. 54. A R K A N S A S . . . . , ____..K i r b y and Castle’s Digest 1916, secs. 2854, 2887, 6085, 6095-6096, 6098, 6105. C A L I F O R N I A .. . . . . . . . Deering’s Civil Code 1915, secs. 84, 144-145, 194, 1387. C O L O R A D O . . . . . . . . . . . . Revised Statutes 1908, sec. 2112 (apparently superseded b y Laws 1915, ch. 74, and Laws, 1917, ch. 65). C O N N E C T I C U T .____ ..G en eral Statutes 1918, secs. 5289-5293. D E L A W A R E ..................... Revised Code 1915, secs. 3029-3030D IS T R IC T OF CO L U M B I A .................. .. r .Code of Law 1911, secs. 972-974. F L O R I D A . . . . . . _______General Statutes 1906, secs. 1929, 2579, 2586. G E O R G I A ....... ................... Park’s Annotated Code 1914 (C ivil), secs. 2180, 2935, 2963, 3012. Park’s Annotated Code 1914 (Penal), sec. 369. H A W A I I ..............................Revised Laws 1915, secs. 2922-2923, 2940-2941. I D A H O ......................... .. -R evised Codes 1908, secs. 2642, 2669, 5703. I L L I N O I S ..___ . . . . . . ..H u r d ’s R evised Statutes 1917, ch. 40, sec. 3; ch. 89, secs. 4, 18. I N D I A N A ............................Burns’ Annotated Statutes 1914, secs. 1060-1064. I O W A .....................................Code 1897, secs. 3175, 3185-3186. K A N S A S .............................. General Statutes 1915, sec. 7585. K E N T U C K Y ..- ................Statutes 1915, secs. 166, 1399a-1399b, 2098-2099. L O U I S I A N A ........... ' . ____ Marr’s Annotated R evised Statutes 1915, secs. 445 3 4454. Merrick’s 1 Revised Civil Code 1912, arts. 181-183, 198, 204. M A I N E : I.............______K .Rfevised'-Statutes' 1916, ch. 65, secs. 1 3 ,1 6 -1 7 . ’ M A R Y L A N D ____ . . . . . .(N o provisions.) M A S S A C H U S E T T S ____ Revised Laws 1902, ch. 151, sees. 6, 12-13 (sec. 14 repealed), 15; ch. 152, sec. 22. Laws 1902, ch. 310, secs. 1 -2 . M IC H I G A N ......... ; .............Compiled Laws 1915, secs. 11367, 11387-11392, 1141811420. M IN N E S O T A ......... .....G e n e r a l Statutes 1913, sec. 7105. ’ . M IS S IS S IP P I...................C o d e 1906, sec. 1670. M IS S O U R I ................. ....R e v i s e d Statutes 1909, secs. 342, 2370, 8291. M O N T A N A .. . . . . . . . . . .R evised Codes 1907, secs. 3638, 3683-3684, 4821. N E B R A S K A .......................Revised Statutes 1913, secs. 1591-1594, 1608. N E V A D A ... ....................... Revised Laws 1912, secs. 2339, 6117. N E W H A M P S H I R E ., .P u b lic Statutes 1901, ch; 174, sec. 3; ch. 175, se c .:7. N E W J E R S E Y .... .....C o m p i l e d Statutes 1910, vol. 2 , p . 2022, sec. 1. N E W M E X I C O ............ ..S ta tu te s 1915, sec. 3434. N E W Y O R K ...................... Parson’s Code of Civil Procedure 1918, secs. 1749, 1759-1760. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 1745, R EFE R E N CE IN D E X TO L A W S OF T H E U N IT E D ST A T E S. 73 M A R R IA G E A N D D IV p R G E — Continued. N O R T H C A R O L I N A . .P e l l ’s Revisal 1908, secs. 1556, rule 13, 1569, 2083. Supplem ent 1913, p. 2087 (see also Laws of 1911, ch. 215 and 1913, ch. 123), as amended b y Laws 1917, ch. 135. N O R T H D A K O T A ......... Compiled Laws 1913, secs. 4394-4395, 4370, 5745. O H I O . . . . ............................. General Code 1910, secs. 8591, 11987. O K L A H O M A .. . . . . ____Revised Laws 1910, secs. 4974, 8420. O R E G O N ..........................L o r d ’s Oregon Laws 1910, sec. 7026. P E N N S Y L V A N I A . . . . .Stew art’s Purdon’s Digest 1700-1903, vol. 1, p. 1247, sec. 32; vol. 3, p . 2446, secs. 32-33. P O R T O R I C O . . . . . ____(N o specific provisions.) R H O D E I S L A N D ............General Laws 1909, ch. 243, secs. 2 -3 . S O U T H C A R O L I N A .. .Code 1912 (C ivil), sec. 3756 (Slave marriages). S O U T H D A K O T A ...........Revised Codes 1903 (C ivil), secs. 63, 81-82 , 1096. T E N N E S S E E ..................Thom pson’s Shannon’s Code 1918, secs. 4179, 4198-4200, 4229. T E X A S ................................. Revised Statutes 1911 (C ivil), arts. 2472, 4614-4616, 4636. U T A H ........................... ....C o m p ile d Laws 1917, secs. 2968, 6413. V E R M O N T ....................... General Laws 1917, secs. 3546, 3553, 3597. V I R G I N I A . ....................... Code 1904, secs. 2227, 2554. W A S H I N G T O N . . . . . . . . (N o provisions.) W E S T V I R G I N I A . ....B a r n e s ’ Code 1916, ch. 63, sec. 8 ; ch. 78, sec. 7. W I S C O N S I N ..................... Statutes 1917, secs. 2339n-24 to 2339n-25. W Y O M I N G ......................... Compiled Statutes 1910, secs. 3941-3944. M A T E R N IT Y H O S P IT A L S , L Y IN G -IN H O M ES, B O A R D IN G HOMES FOR IN F A N T S .— Provisions for admission of illegitimate children and for records, etc., regarding same. im acy. (References are made only to those laws w hich specify illegit Approxim ately 18 to 2 0 .States have laws on the subject.) I N D I A N A .......................... Burns’ Annotated Statutes 1914, secs. 3678a-3.678n; (secs. 3678c, 3678h-3678k apply specifically). M A I N E ........ . .................. ..R e v is e d Statutes 1916, ch. 64, sec. 58, as amended by Laws 1917, ch. 176. ' . Laws 1917, ch. 149, secs. 1 -4 . M I N N E S O T A .. . . . . . . . .Law s 1917, ch. 212, secs. 8 -1 0 . N O R T H D A K O T A .....L a w s 1915, ch. 183, secs. 3, 8, 1 0-11. W I S C O N S I N .......... ...........Statutes 1917, secs. 1542a-1542g. llA M E .— Provisions, as to whose name child shall bear (Consult also “ I lle g it im a c y P r o c e e d in g s ” ). A L A B A M A ................. ... Code 1907, sec. 5201. H A W A I I .. . .........................Revised Laws 1915, secs. 3070-3071. P E N N S Y L V A N I A . .* .. .Stew art’s Purdon’s D igest 1700-1903, v o l."2 , p. 2004, secs. 52 (in part repealed b y Laws 1917, No. 192, pp. 443-444), 55; vol. 3 , p. 3197, sec. 4. P O R T O R I C O .................R evised Statutes and Codes 1911, ^ec. 3256. T E N N E S S E E . ......¿ .. T h o m p s o n ’s Shannon’s Code 1918, sec. 5412. W IS C O N S IN ...................... Statutes 1917, sec. 1022-30 (item 21). https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 74 IL L E G IT IM A C Y L A W S . R E S ID E N C E , S E T T L E M E N T , D O M IC IL E .— Illegitim ate child to have residence of mother; settlement for obtaining benefits of poor laws. G E O R G I A . . . . . . . . . . ____Park’s Annotated Code 1914 (d iv il), sec. 2184. I N D I A N A ......................... B urns’ Annotated Statutes 1914, sec. 9745.. I O W A .. . . . . . . . . . . ..w . . .Code 1897, sec. 2224(5). K A N S A S .. . . . . . . . . . . . . G e n e r a l S t a t u t e s 1915, sec. 6821 (item 3). M A I N E .............. . . . . . . . . .R e v ise d Statutes 1916, ch. 29, sec. 1. M A S S A C H U S E T T S . ...L a w s 1911, ch. 6 6 9 ,sec. 1 (repeals R evised Laws 1902, ch. 80). N E W H A M P S H I R E . . . Public Statutes 1901, ch. 83, sec. 1 (item 3). N E W J E R S E Y ............. .. .Com piled Statutes 1910, vol. 3, p . 4012, sec. 4 , supersed ed b y Laws 1911, ch. 196, sec. 9 , as amended b y Laws 1912, ch. 14. N O R T H C A R O L I N A . .P e ll’ s Révisai 1908, sec. 1333 (item 4 ). N O R T H D A K O T A .____Compiled Laws 1913, sec. 2501 (item 3). O K L A H O M A ---------- . . . .R evised Laws 1910, sec. 4534. P E N N S Y L V A N I A .____ Stewart’s Purdon’s Digest 1700-1903, vol. 3, p. 3566, sec. 60. R H O D E I S L A N D .......... General Laws 1909, ch. 92, sec. 1 (item 3). S O U T H C A R O L I N A . ..C o d e 1912 (C ivil), sec. 1530 (item 3). S O U T H D A K O T A ..........Revised Codes 1903 (Political), sec. 2764 (item 3 ). U T A H . . . . ____. . . . . . . ..C o m p iled Laws 1917, sec. 1400x44. W I S C O N S I N ....____ . . . . .Statutes 1917, sec.. 1500 (item 3). W O R K M E N ’ S C O M P E N S A T IO N L A W S — Those specifically applied to illegiti mate or to acknowledged illegitimate children in defining children entitled to the benefits of the law . — H A W A I I ............................. Laws 1915, act 221, sec. 10, as amended b y Law s 1917, a c t 227.. I D A H O .......... . . . . . . . . . . . L a w s 1917, ch. 8 1 ,sec. 14. I N D I A N A ............................Laws 1915, ch. 106, sec. 38. K E N T U C K Y ............. ........ Laws 1916, ch. 3 3, sec. 14. L O U I S I A N A ______ _____ Marr’s Annotated. Revised Statutes 1915, sec. 3967, as amended b y Laws 1918, No. 38. M O N T A N A ........................Law s 1915, ch. 96, sec. 6p. N E V A D A ................ ............ Laws 1913, eh. I l l , sec. 2 6 , as amended fey Laws 1917, ch. 233. ' x N E W J E R S E Y . . . . . .....L a w s 1911, ch. 95, sec. 1 2 , as amended fey Laws 1914, ch. 244. N E W M E X I C O ................ Laws 1917, ch. 83, sec. 12 (j and k ). N E W Y O R K *.. . . - . ............Birdseye Consolidated Laws (2d ed.) 1917, vol. 8, W orkm en’s Compensation, ch. 6 7 , sec.' 3. O R E G O N ................ ............ Laws 1913, eh. 112, sec. 14, as amended b y Laws 1917, c h .‘2S8„ P O R T O R I C O ...............L a w s 1918, No. 19, sec.'3. V E R M O N T ................ .. .General Laws 1917, see. 5759. V I R G I N I A ........ ......... ....L a w s 1918, eh. 400, sec. 4 0. W A S H I N G T O N ................ Remington’s Codes and Statutes 1915, sec. 6604-3, aa amended b y Laws 1917, ch. 120, se e. 1 . https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis R EFE R E N CE IN D E X TO L A W S OF T H E U N IT E D STATE S. 75 MISCELLANEOUS. M IS S IS S IP P I.............. ¿ ..C o d e 1906, sec. 721, as am ended b y Laws 1914, ch. 214 (Death b y wrongful act— illegitimate child m ay re cover for death of mother). S O U T H C A R O L I N A ...C o d e 1912 (C ivil), sees. 3454,. 3562, 3575 (Death b y . wrongful act— illegitimate death of mother). child m ay recover for SUPPORT L E G ISL A T IO N . ILLEGITIMACY PROCEEDINGS— Legislation for the support of the illegitimate child; proceedings against the father. A L A B A M A .......... . . . ...........Code 1907, secs. 6364-6388. A L A S K A ............................. (No provisions.) A R I Z O N A ............................Revised Statutes 1913, Penal Code, .secs. 369-381. A R K A N S A S . .....................K irb y and Castle’s Digest 1916, secs. 587-600, sec. 1493 (Jurisdiction); Constitution art. 7, sec. 28 (Jurisdic tion). C A L I F O R N I A .................. Deering’s Civil Code 1915, sec. 196a (Support of illegiti mate ch ild ); secs. 138-140 (Provisions for enforcement of section 196a). C O L O R A D O ............ .......... Revised Statutes 1908, secs. 353-358. C O N N E C T I C U T .......G e n e r a l Statutes 1918, secs. 6006-6015, 6160. D E L A W A R E ............ ....R e v i s e d Code 1915, secs. 3072-3076; 3077, as amended b y Laws 1917, ch. 228; 3078-3088 (Secs. 546, 3804, 3992, 4001-4003, 4237, 4466 constitute certain juris dictional and other provisions). D IS T R IC T OF CO- L U M B I A ......................... 37 U . S. Statutes at Large, p. 134, ch. 171, sees. 1 -8 . ~ F L O R I D A ........................... General Statutes 1906, secs. 2598-2602. G E O R G I A ........................... Park’s Annotated Code 1914 (Penal), secs. 682,1330-1336. H A W A I I ...............................Revised Laws 1915, secs. 2272-2273, 2478, 3005-3015. ID A H O . ................(No provisions.) I L L I N O I S ....................... ..H u r d ’s Revised Statutes 1917, ch. 17, sees. 1 -17. I N D I A N A ........................ Burns’ Annotated Statutes 1914, secs. 1013-1034, 1063, 1382 (10), 8377-8380. I O W A ............................. .. Code 1897, secs. 5629-5636. K A N S A S ................... .....G e n e r a l Statutes 1915, secs. 5117-5138. K E N T U C K Y .................Statutes 1915, secs. 166-181. L O U I S I A N A ...................... Merrick’s Revised Civil Code 1912, arts. 210, 239-245. * (See also . “ C a r e a n d S u p p o r t . ” Louisiana has no law conforming to provisions in other States.) M A I N E , . . . ................ ...R e v is e d Statutes 1916, ch. 85, sec. 59. Ch. 1Q2, secs. 1 -6 ; 7, as amended b y Laws 1917, ch. 84; 8 -9 ; 10, as amended b y Laws 1917, ch. 158, sec. 11. M A R Y L A N D ...... .............Annotated Code, vol. 3 (1914), art. 12, secs. 1 -12. M ASSACH U SETTS — .R evised Laws 1902, ch. 84, sec. 4, as amended b y Laws 1909, ch. 208. Laws 1913, ch. 563, secs. 1918, ch. 199. 1 -7 ; 8, as added b y Laws M I C H I G A N . . . . . . . . . . . . C o m p i l e d Laws 1915, secs. 7753-7763,'7794, 15700. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 76 IL L E G IT IM A C Y L A W S . ILLEGITIMACY PROCEEDINGS— Continued. M I N N E S O T A . . . . . ..........General Statutes 1913, secs. 3214-3224, as amended b y Laws 1917, ch. 210, sec. 1; 3225a-3225e, as added b y Laws 1917, ch. 210, sec. 1 (sec. 2 : Constitutionality)j 8703a, as added b y Laws 1917, ch. 211. Laws 1917, ch. 194, secs. 2 -5 ; ch. 212, sec. 10. M IS S IS S IP P I....................Code 1906, secs. 268-283. M IS S O U R I......................... (No provisions.) M O N T A N A ................ ..........Revised Codes 1907, secs. 9576-9583. N E B R A S K A .. . . . . . . . .R evised Statutes 1913, secs. 357-364. N E V A D A ......................... Revised Laws 1912, secs. 765-766. N E W H A M P S H I R E .. .P u blic Statutes 1901, ch. 87, secs, 1; 2, Supplement 1913, p . 161; 3 -1 2 ; ch. 204, sec. 4. N E W J E R S E Y ----- .....C o m p i l e d Statutes 1910, vol. 1, p. 184, secs. 1 -3 4 ; vol. 3, p. 3981, sec. 35; p. 4004, sec. 133. Laws 1912, ch. 103, secs. 1 -3 . N E W M E X I C O ...............(No provisions.) N E W Y O R K ............. ....B i r d s e y e Consolidated Laws (2d e d .) 1917, vol. 4, Judiciary Law, ch. 30, sec. 4 ; vol. 5, Penal Law, ch. 40, sec. 1843; vol. 6, Poor Law, ch. 42, secs. 6 0 -7 5 ; vol. 7, Second Class Cities, ch. 53, sec. 185. Bender’s Code ■ 838-886. of Criminal Procedure 1918, secs. N O R T H C A R O L I N A ...P e ll’s Revisal 1908, secs. 252-264, 1915-1919. N O R T H D A K O T A ......... Compiled Laws 1913, secs; 10483-10500. Laws 1917, ch. .70, secs. 1 -3 . O H I O ___ . . . . . . . ¿ . . . . . . G e n e r a l Code 1910, secs. 12110-12135. O K L A H O M A .. . . . . . . . . R e v i s e d «»-tj Laws 1910, secs. 1816, as amended b y Laws 1917, ch. 119 (Jurisdiction of County Court); 3885, . 4401-4406; 4407, as amended b y Laws 1915; ch. 91, 4408-4411. O R E G O N ......................... Laws 1917, ch. 48, secs. 1 -14. P E N N S Y L V A N I A ......... Stewart’s Purdon’s D igest.1700-1903, vol. 1, p. 955, secs. 247-248; Supplement secs. 52-57. 1905-1915, vol. 5, p. 5852, Laws 1917, No. 145, secs. 1 -3 . P O R T O R I C O . . . . . . . . .R evised Statutes and Codes 1911, secs. 3263-3267. (N o provisions conforming to laws in the States.) R H O D E I S L A N D .. . ..G en era l Laws 1909, ch. 95, secs. 1 -3 ; 4r-5, as amended b y Laws 1915, ch. 1215; 6—8; 9, as amended b y Laws 1915, ch. 1215; J 0-11; 12-14, as amended b y Laws 1915, ch. 1215, 15-18. S O U T H C A R O L I N A . . .Code 1912 (Criminal), secs. 691-695; (C ivil), sec. 974. S O U T H D A K O T A ..........Revised Codes 1903 (C ivil), secs. 107-109. “ L e g it im a c y , P r e s u m p t io n o p (See also ” ). Revised Codes 1903 (Civil Procedure), secs. 807-816. T E N N E S S E E ............ .Thom pson’s Shannon’s Code 1918, secs. 2707, 6Ô40, 6931 (1),-7332-7353. T E X A S . . . . . . . . . . . . . . . (N o provisions.) U T A H .................. ..............C o m p ile d Laws 1917, secs. 380-395. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 77 R EFE R E N CE IN D E X TO L A W S OF T H E U N IT E D STATE S. ILLEGITIMACY PROCEEDINGS— Continued. V E R M O N T ......................... General Laws 1917, secs. 2343-2351; 2417-2419, 36083632. (For jurisdiction of city and municipal courts, see Laws of 1908, No. 62.) V I R G I N I A . . 1 . . _______ (No provisions.) W A S H I N G T O N . . . . . . . . (No provisions.) W E S T V I R G I N I A ..........Barnes’ Code 1916, ch. 80, secs. 1 -6 . W I S C O N S I N .. ...............Statutes 1917, secs. 1533m, 1534-1542. 750.2, 1530-1533, 1533a-1533b, W Y O M I N G . . . . . . ............Compiled Statutes 1910, secs. 6371-6394. CARE AND SUPPORT.— Legal liability of parent to support child; support by public authorities, etc. C A L I F O R N I A .. . . . . . . . Deering’s Civil Code 1915, sec. 196 (apparently appli cable to mother who, under sec. 200, has custody of the child), 196a. .(S e e c e e d in g s . ” also ‘1I l l e g i t i m a c y P ro ) Deering’s Political Code, sec. 2290: Care and Support of Foundlings. C O N N E C T IC U T ____ ...G e n e r a l Statutes 1918, sec. 1795. D E L A W A R E ____ . . . . . . R e v i s e d Code 1915, sec. 3034. G E O R G I A ................ . . . . . P a r k ’s Annotated Code 1914 (C ivil), sec. 3027; (Penal), sec. 379. H A W A I I . . . .................. ...R e v is e d Laws 1915, sec. 2995. ’ , I O W A ........ ......C o d e 1897, secs. 2216, 2250. L O U I S I A N A ...................... Merrick’s Revised Civil Code 1912, arts. 239-245. M I N N E S O T A .. . . . . . . . .Law s 1917, ch. 194, secs. 2 -5 ; ch. 397, sec. 1. (Juvenile court laws: Illegitimate classed as “ dependent.” ) M O N T A N A ................. ....R e v is e d Codes 1907, sec. 3741. N O R T H D A K O T A .. . . .L aw s 1917, ch. 70, sec. 1. O K L A H O M A ..................... R evised Laws 1910, sec. 4367. P O R T O R I C O ...................R evised Statutes and 3283-3290. Codes 1911, secs. 3266-3267, MOTHERS’ PENSIONS.— B y the end of 1918, 36 States had adopted mothers’ pension laws. One of these States— M ichigan— specifically makes provision for aid to “ unmarried ” mothers. In Massachusetts, New Hampshire, North Dakota, and U tah the laws apply to “ all m others,” bu t the conditions imposed as to character m ight exclude the mother of a child of illegitimate birth. Under the language of the laws of the other States listed it would seem possible to extend aid to the mother of a child of illegitimate birth also; restrictions as to character.are imposed in these States also. In 26 States the mothers of children of illegitimate birth are not included. C O L O R A D O ....................... R evised Statutes 1908, sec. 558, as amended b y Laws 1913, p. 694. M A S S A C H U S E T T S ... .L aw s 1913, ch. 763, secs. 1 -4 . M I C H I G A N . . . . . . . . . . . . Compiled Laws 1915, sec. 2017. M IS S O U R I ........................L a w s 1917, p . 151, secs. 1 -1 0 M O N T A N A ..........................Laws 1917, ch. 83, secs. 1 -7 (apparently supersedes Laws 1915, ch. 86). https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 78 IL L E G IT IM A C Y L A W S . M O T H E R S ’ P E N S IO N S — Continued. N E B R A S K A .............. ....R e v i s e d Statutes 1913, sec. 1250. Laws 1915, ch. 187, secs. 1 -4 . N E V A D A ............................. R evised Laws 1912, sec. 739, as amended b y Laws 1913, ch. 133. Laws 1915, ch. 131, secs. 1; 2, as amended b y Laws 1917, ch-. 11, secs. 3 -8 . N E W H A M P S H I R E ___ Laws 1915, eh. 132, secs. 1-10. N O R T H D A K O T A . ....L a w s 1915, ch. 185, secs. 1 -8 . U T A H .................................. .Com piled Laws 1917, secs. 3960-3968. ABANDONM ENT, D E S E R T IO N , N O N S U P P O R T .— First hereunder are given the laws specifically applying to illegitimate children; and second, laws specifying “ any parent,” “ every person,” “ his or her ch ild ,” etc., since this terminology would appear to apply both to the putative father and the mother of an illegitimate child; b u t certain judicial authorities have decided that'the putative father is not included. O n ly the more advanced type of fam ily desertion and nonsupport leg islation has been included. L A W S SPECIFICALLY A P PL Y IN G TO ILL EG IT IM A TE C H ILD R E N . C A L I F O R N I A ...................Deering’s Penal Code 1915, secs. 270, as amended b y Laws 1917, ch. 168; 270b, 270d, 271, 271a, 273h. C O L O R A D O ....... . . . . . Laws 1911, ch. 179, s e c s r i-1 0 . D E L A W A R E . . . . . . ------R evised Code 1915, secs. 3034-3046, 3088. I L L I N O I S ........................... H u rd ’s R evised Statutes 1917, ch. 58, secs. 1 -3 . M A S S A C H U S E T T S . — Laws 1911, ch. 456, secs. 1—4 ; 5 -6 , as amended b y Laws 1918, ch. 257, secs. 453-454; 7; 8, as amended b y Laws 1912, ch. 310. 563, sec. 7.) (Made applicable b y Laws 1913, ch. Laws 1917, ch . 163, as amended b y Laws 1918, ch. 257, sec. 455. M IN N E S O T A .....................General Statutes 1913, secs. 8666-8668 as am ended, and 8668A as added, b y Laws 1917, ch. 213. • (Made applicable b y sec. 3218, as amended b y Laws 1917, ch. 210. (See “ I l l e g i t i m a c y P r o c e e d i n g s . ” ) N E B R A S K A .............. ....R e v i s e d Statutes 1913, secs. 8614-8616. N E V A D A ----- . . . . . . . . . . .R evised Laws 1912, sec. 766. N E W H A M P S H IR E — P ublic Statutes 1901, Supplem ent 1913, p. 518 (1913, ch. 57, sec. 1). O H I O ..................................... General Code 1910, secs. 13008-13017; 13018, as amended b y Laws 1913, p. 913; 13019, as amended b y Laws 1911, p. 115, 13020-13021. P E N N S Y L V A N I A .____ Laws 1917, No. 145, secs. 1 -3 ; No. 290, secs. 1 -6 . W E S T V I R G I N I A .------ Laws 1917, ch. 51, secs. 1 -9 . W IS C O N S IN .......................Statutes 1917, secs; 4 58 7 c.l to 4587c.6, 4587d. LA W S A P P A R E N T L Y A P PL Y IN G TO ILL EG IT IM A TE C H ILD R E N . - A L A B A M A ......................... Laws 1915, p. 560, secs. 1 -11. A L A S K A ..............................Laws 1915, ch. 12, secs. 1 -3 . A R I Z O N A ..“. . . . ........... ..R e v is e d Statutes 1913, Penal Code secs. 249, 251. A R K A N S A S .......................K irb y and Castle’s Digest 1916, secs. 1589-1590 (16501651 not applicable). https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis R EFE R E N CE IN D E X TO L A W S OF TEfE U N IT E D ST A T E S. 79 A B A N D O N M E N T , D E S E R T IO N , N O N S U P P O R T — Continued. C O N N E C T IC U T ...............General Statutes 1918, sec. 6416. D IS T R IC T OF CO L U M B I A ...........................34 U / S . Statutes at Large, p. 86, ch. 1131, sees. 1 -3 (see also Code * * * 1911, p. 417). (The term “ any person applies only t'6 parents of lawful children, and n ot to parents of bastards.” — Moss States, 29 I). C. A p p . 188.) v. United F L O R I D A ...........: .............. Laws 1913, -ch. 6483, sec. 1. H A W A I I ...............................R evised Laws 1915, sec. 2970, as amended b y Laws 1915, act 100; sec. 2971. • I D A H O ............ .....................R evised Codes 1908, secs. 6781-6782, as amended b y Laws 1915, ch. 83. I L L I N O I S ............................H u rd ’s R evised Statutes 1917, ch. 68, secs. 27-37 (secs. 24-26 are superseded b y a later act). I N D I A N A ........ ................... Burns’ Annotated Statutes 1914, secs. 2635; 2635a, as amended b y Laws 1915, ch. 179; 2635b. K A N S A S .-------. . . . --------- .General Statutes 1915, secs. 3410-3416. KENTUCKY. ---------- Laws 1916, ch. 6, secs. 1 -3 . M A I N E ........ ....................... -R evised Statutes 1916, eh. 120, secs. 38-41. M IC H I G A N .............. Compiled Laws 1915, secs. 7789-7793. M I S S O U R I ....................¿R evised Statutes 1909, sec. 4495, as amended b y Laws 1911, p . 193.' M O N T A N A ................... ...R e v is e d Codes 1907, sec. 8346, as amended b y Laws 1917, ch. 78. Laws 1917, eh. 77. N E V A D A ............................. Laws 1913, ch. 272, secs. 1 -2 . N E W J E R S E Y ..........— Laws 1916, ch. 45, sec. 1. Laws 1917, ch. 61, secs. 1 -5 . N E W Y O R K . . . . . ------ .-B ird sey e Consolidated Laws (2d e d .) 1917, vol. 5, Penal Law, ch. 40, secs. 480-481. (Th e term “ parent” does not include the putative father o f an illegitimate child.— People v. Fitzgerald (1915), 167 A p p D iv 85 152 N . Y . Rupp. 641.) N O R T H D A K O T A ......... Compiled Laws 1913, secs. 9595-9600. O K L A H O M A .................... Laws 1915, ch. 149, secs. 1 -2 . O R E G O N .......... .............. ..L a w s 1913, eh. 244, sees. 1, as amended b y Laws 1917 ■ *i ch. 136; 2 -8 . ’ T E N N E S S E E .............. .T h om pson ’s -Shannon’s Code 1918, sec. 4 2 4 9 a -ll e t se q . (Th e phrase “ any person legally chargeable” does not appear applicable.) T E X A S ----------------- -------- .Law s 1913, eh. 101, secs. 1 -7 . U T A H ..................................-Com piled Laws 1917, secs. 8112-8115. V E R M O N T ......................... General Laws 1917, secs. 3536-3543. V I R G I N I A ..........................Code 1904, Supplement 1916, p. 1030 (Laws 1915 ch 1 1 4 ) . .......................... . . . . . * ’ Laws 1918, ch. 416, secs. 1 -1 1 . W A S H I N G T O N .. . . . . . .R em in gton ’s Codes and Statutes 1915, secs 5933-3. §933-1 to W Y O M I N G . . . .................. Laws 1915, ch. 72, secs. 1 -6 (apparently supersede Laws 1913, ch. 81). https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis R E F E R E N C E IN D E X B Y S T A T E S , (Citations consecutive.) ALABAM A: Code 1907, sections— 711 as amended by Laws 1911 p. 116. . .B irths, registration of. 3760-3761....................... ................... ........ ...... .Inheritance. 3807.................................................... ................... Marriage and divorce. 4877-4878................... ............... .......................... Incestuous marriages. 4880....................................................................... Marriage and divorce. 5199-5201............................................................ Legitimation, methods of. 5 ^ 0 1 .................................................................... Name. 6 3 6 4 -6 3 8 8 . ......... .........................................Illegitim acy proceedings. Laws 1915, p. 580, secs. 1 -1 1 ............. ...Abandonment,desertion, nonsupport. ALASKA: Compiled Laws 1913, sections— 4 38 ........ ......................................... .. Legitimation, methods of. 4 46. .•.....................................................................Apprenticeship. 597-598........ .............................. ................. ....M a r r ia g e and divorce; inheritance} legitimation, methods of. 2005-2006....................................... ................... Births and deaths, concealment of. Laws 1913, ch. 35, sec. 2 ....................................... Births, registration of. Laws 1915, ch. 12, secs. 1 - 3 . . . . . . . ..... ...A b a n d o n m e n t , desertion, nonsup port. Laws 1917, ch. 56, secs. 1 2 -1 4 ........... ................. Marriage and divorce. A R IZ O N A : Revised Statutes 1913, Civil Code, sections— 1103-1104........................................... ........ ....M a r r ia g e and divorce; inheritance; legitim ation, methods of. 1118 . ................ ................................ . . . . . . . . .Guardianship. 1198....................................................... .. Legitim ation, methods of. 3838............ .................................. ..................... .. Incestuous marriages. 3840.................................. ................ .L egitim ation, methods of. 3864 as amended b y Laws 1917, eh. 5 4 ..Marriage and divorce. 4 4 1 8 . . . . . . . . . . . . ___ ■ ......... .____ . . . . . .Births, registration of. Revised Statutes 1913, Penal Code, sections— 249, 2 5 1 . . . . . . . . . . . . . . . . . . . . . . . . ..............Abandonm ent, desertion, npnsup- port. 3 69-381........................................................ y>. .Illegitim a cy proceedings. ~ ARKANSAS: K irby and Castle’s Digest 1916, sections— 587-600,1493, Constitution, art. 7, sec. 2 8.Illegitim acy proceedings. 1568, 1583....................... ........ ............................ A doption and juvenile courts. 1589-1590, 1650-1651 — . . 1 ......................... Abandonm ent, desertion, nonsup port. 1907-1908.......................... ............................ .Births and deaths, concealment of. 2 8 5 2 ... . . . . . . . . . . _____ . . . . . . . . . . Inheritance. _ 2853................... .......................................... ' . .....L egitim ation, methods of. 2854, 2887...... ........................... ....................... .Marriage and divorce. 4 1 5 5 . . . . . . ......... ..................................._ .......... Guardianship. . 6 0 8 3 .......................... ..: ................. ......................Incestuous marriages. 6085, 6095-6096, 6098, 6 1 0 5 :.................M a r r i a g e and divorce. 80 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis R EFE R E N CE IN D E X TO L A W S OF T H E 81 U N IT E D STATES, CALIFORNIA: Deering’s Civil Code 1915, sections— 5 9 ...................................................... ......................Incestuous marriages. 8 4 ............................ .......................... . ................... Marriage and divorce. 138 -1 4 0 ................................................................. Illegitim acy proceedings. 1 4 4 -1 4 5 ............. -.................................................Marriage and divorce. 193-195....................................... ..........................Legitim acy, presumption of. 1 9 4 ......................................................................... Marriage and divorce. 196-196a.............................................................. Care and support. 1 9 6 a .........-........................................................... Illegitim acy proceedings. 2 00 ................... .............................. . . . : . .............Custody. 2 1 5 . ..... ..................................................................Legitimation, methods of. 224 as amended b y Laws 1917, ch. 5 5 8 ..Adoption. 2 3 0 ........................ . . ............................................Legitimation, methods of. 241..........................................................................Guardianship. 265........................................................................ .Apprenticeship. 1387-1388............................................................. Marriage and divorce; inheritance; legitimation, methods of. Deering’s Code of Civil Procedure 1915, Legitim acy, presumption of. secs. 1962 (5), 1963 (31). Deering’s Penal Code 1915, secs. 270 as amended b y Laws 1917, ch. 168; 270b, Abandonment, desertion, nonsup- port. 270d, 271, 271a, 273h. Deering’s Political Code 1915, sec. 2290......... Care and support. COLORADO: Revised Statutes 1908, sections— 134................................................................. .. .Apprenticeship. 353 -3 5 8 .................................................. ...............Illegitim acy proceedings. 3 84 ........................................................ ................. Births, registration of. 558 as amended b y Laws 1913, p. 6 9 4 .. .Mothers’ pensions. 1641........................................................................Births and deaths, concealment of. 1769-1770.......................................: ................... Incestuous marriages. 2112 (superseded b y Laws 1915, ch. 74, Marriage and divorce, and 1917, ch. 65). 4163-4164.............................................................Incestuous marriages. 7046........................................................................Inheritance; legitimation, methods of. 7049........................................................................Inheritance. Laws 1911, ch. 179, secs. 1 -1 0 ............................ Abandonment, desertion, nonsup port. Laws 1915, ch. 74, sec. 1 (superseded b y Marriage and divorce. Laws 1917, ch. 65). C O N N E C T IC U T : General Statutes 1918, sections—1795........................................................................Care and support. 4863...... ..................................................................Guardianship. 5 0 6 1 .......................................................... .............Inheritance; legitimation, methods of. 5289-5293...... ......................................... .............Marriage and divorce. 6006-6015, 6160................................................. Illegitm acy proceedings. 6389-6390............................................................ Births and deaths, concealment of. 6416...................... ..................................................Abandonm ent, port. 90956°—19----- 6 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis desertion, nonsup N 82 IL L E G IT IM A C Y L A W S .. DELAWARE : Revised Code 1915, sections— • 546.............. ...... , .................. .......... . . ...................Illegitim acy proceedings; 8 0 8 ..______ ______________ ________. ________ Births; registration' of. 3029-3030.______ _________ ____ ...___________ Marriage and1divorce; 3034-3040____ . . . . . . . . .... ............................ .. .Abandonm ent, desertion, nonsup- port. 3034_____ ____ ____ _____________ __________ Care and support. 3072-3076; 3077, as am ended b y Laws Illegitim acy proceedings. 1917, ch. 228; 3078-3088; 3087; 3087a, as added b y Eavrs 1917, Inheritance, ch. 229. 3088’. ............................................. ................... .. Abandonm ent; desertion, porfr. nonsup- , 3102, 3112"........... .............................. . . ............ Apprenticeship*. 3269..........................r___ ____ _____* . . . Inlreritance. 3804, 3992, 400T-4003; 4237,,4466----------Illegitim acy proceedings. DISTRICT OR COLUMBIA: Code of Law, 1911,. sections-:— 387........................................................... ...Inheritance. . 957 958 - „ „ _______ _______ Inheritance;legitimation,.methods of. ........................................ . . . . __ ________ Inheritance. 9 7 2 -9 7 4 ............................. ................... .. Marriage a n d divorce. 34 U . S. Statutes at. Large, p. 86,. Abandonment,, desertion, nonsup- ch. 1131, secs. 1 -3 (Code 1911, p. 417). port. 34 U . S. Statutes at Large, p . 1010, Births', registration of. ch. 2280, sec. 1. 37 U . S. Statutes a t Large,, p.. 1 3 4 . Illegitim acy proceedings, ch; 171,. sees. I -8 i FLORIDA: General Statutes* 1906, sections— 1929. ____________ __________ _________ __ .M arriage-and divorce. 2292............ ................. .......... .............................. Inheritance. 2579, 2586........ ................................. ...... ........ .Marriage and divorce-. 2 59 8 -2 60 2. .......... ......................................Illegitim acy' proceedings* 2602____ _______ _. . . _________. . . . . . ______Legsiamatfony methods-1ofL 3 21 8 -3 2 1 9 ;______________ . . . _______________ Births* and? deaths; con ceafeen t of. Laws 1913, ch. 6483, sexr. 1 . . . , ___________ ___ A bandonm ent, desertion, honsup- port. Laws 1915, ch. 6892, sec. M ..................................Births, registration of. GEORGIA: Park’s Annotated Code 1914 (Political), Births, registration of. sections:— 1676 (bb). Park’s Annotated Code 1914 (Civil), sections— 2180.............. ....... ......_________ _____ . . . _____ Marriage and.divorce. 2184____ ______ ______ . . . . . . __________ _ Residen c e . 2935, 2 9 0 3 . . . . . . . . ____ _________ ......___ -M arriage,and divorce. 3012______ _______ . . . . . ______________ _ -Marriage; .legitimacy,presumption of. 3012^-3013.__________________________________Legitimation, m ethods o k . 30261___ ___ _____ ______ __d—_____ .Definitions.. 3027. . ........ . . . .___ •, ....________ Care and.support.. 3 0 2 8 .. ............ ............... . . L.............................. Custody. 3029-3030...................................................... - Inberitance. 3045.............................. .........................................Guardianship. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 83 REFER ENCE IN D E X TO- L A W S OF T H E U N IT E D STATES, GEORGIA— Continued. Park’s Annotated Code 1914 (Penal)* sec tions— 7 9 ...................................— ..................................... Births and deaths, concealment of. 369------- . . . . . . . . . . . . . . .......... . . ............. — Marriage and divorce. 379------- ----------------. — — . -------- --. . ---------Care and support, 6 82 ,1 330-1336— ................................... . . .. v .Illegitim acy proceedings. HAWAII : Revised Laws 1915, sections— 1133 as am ended b y Laws 1915, act 48; sec. 1142. Births, registration of. 2272-2273; 2 4 7 8 . . . . . . . . . . . . ......................... Illegitim acy proceedings. 2922-2923, 2940^-2941.------- ------------------- ..M arriage and divorce. 2970, as amended b y Laws 1915, act . Abandonm ent, 100; sec. 2971. port. desertion, nonsup- 2" 5 ......................... Inheritance, and care and support. 2996........ .....................—......................................Legitimation, methods of. 3005-3015........................ .......... ......................... Illegitim acy proceedings, 3 0 7 0 - 3 0 7 1 . . . . . . . . ............................................. Name. 3248-3249----------------------------------- ................. Inheritance. 4164............ *..........................................................Births and deaths, concealment of. Laws 1915, act 221, sec. 10, as amended b y W orkm en’s compensation. Laws 1917, act 227. IDAHO: R evised Codes 1908, sections— 2615____________________ ................................. Incestuous marriages. 2642, 2669______________ .................................Marriage and divorce. 2699................ ........... .. ............................. - - Legitimation, methods of. 2 7 0 3 .. : . . . . . .............. ......... ........................Adoption. 2709............................ ........ ................................. Legitimation, methods of. 5 7 0 3 .. . . . . . . . . ; ......... ................................. Marriage; inheritance; legitim ation, methods of. 5 7 0 4 ...................... ............ I— - ...................... Inheritance. 5781...................... . .......... .. ■- - - ........................ Guardianship. 6781-6782 as amended b y Laws 1915, Abandonm ent, desertion, ch. 83. port, Laws 1911, eh. 191, sec. 1 4. — - ........................Births, registration of. nonsup Laws 1917, ch. 81, sec. 1 4 .. ............................... W orkm en’s compensation. ILLINOIS : H u rd ’s R evised Statutes 1917— Ch. 4, secs. 2, 9 a -9 c ........................... ..— Adoption. Ch. 9, sec. 2 ....................................................... Apprenticeship. Ch. 17, secs. 1—17................... ........ — .......... Illegitim acy proceedings. Sec. 13.................. ............ .. ■.......................Custody. •®ec- 15.................... .....................................Legitimation, methods of. Ch. 23, secs. 1 7 2 -1 7 3 ................. ................... Juvenile courts. S ec. 1 8 3 . . . . ----- ...------------------ . ---------- Adoption. Ch. 38, sec. 4 4 .......................... ..................... Births and deaths, concealment of. Ch. 39, secs. 2 -3 ...... .................................. ...In h e rita n c e ; legitim ation, methods of. Ch. 40, sec. 3 .............. ........................... — .. .Marriage and divorce. Ch. 58, sees. 1 - 3 . . . ........... ..............................Abandonment, port. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis desertion, nonsup 84 IL L E G IT IM A C Y L A W S . IL L IN O IS — Continued. H u rd ’s R evised Statutes 1917— Continued. / Ch. 68, secs. 27-37 (24-26 superseded). .A bandonm ent, desertion, nonsup port. Ch. 89, sec, 1 ......................................................Incestuous,marriages. Secs. 4, 18...................................................Marriage and divorce. Cb. 1114, sec. 3 1 . . ........ ............ - ................... Births, registration of. IN D IA N A : Burns’ Annotated Statutes 1914, sections— -1 0 1 3 -1 0 3 4 ............................................................ Illegitim acy proceedings. 1060-1064...................... .......................................Marriage and divorce. 1063, 1382 ( 1 0 ) . . . ............................................. Illegitim acy proceedings. 2635; 2635a as amended b y Laws 1915, Abandonm ent, ch. 179; 2635b. , desertion, nonsup- port. 2998, 3000, 3002................................................ Inheritance. 3000, 3 0 0 1 ..................................................... . . .Legitim ation, methods of. 3678a-3678n........................................................ M aternity hospitals. 8377-8380.................. ..........................................Illegitim acy proceedings. 9745 (item 3 ) .......... ............................................Residence. Laws 1915, ch. 106, sec. 3 8 ........................ .*-------W orkm en’s compensation. IOWA: - ^ Code 1897, sections— 2 2 1 6 ................... .................................. .................Care and support. 2224 ( 5 ).................................................................Residence. 2250...................... .................................................. Care and support. 3150........................................................................ Legitimation, methods of. 3175, 3185-3186.................................................. Marriage and divorce. 3251.................................................. ......................Adoption. 3260c (Supp.1913)............................................Custody. 3384-3385......... .»............................. ................... Legitimation, methods of; inherit ance. 5629-5636.............................................................Illegitim acy proceedings. Laws 1917, ch. 326, sec. 6 . . . .....................*____ Births, registration of. KANSAS: General Statutes 1915, sections—■ 3410-3416................ ............................................Abandonm ent, desertion, nonsup port. 3844-3847..................................... ........................Inheritance. 3845..................................................................... .Legitim ation, methods of. 5117-5138................ .............................................Illegitim acy proceedings. 6135........................................................................Incestuous marriages. ' 6821 (item 3 ) ......................................................R esidence. ,7585................................................................. .Marriage and divorce. KENTUCKY: Statutes 1915, sections— 166..........................................................................Marriage and divorce. 1 66-181.......... ...................................................... Illegitim acy proceedings. " 3 3 1 e .4 .......................................... .Juvenile courts. 1220........................................................................Births and deaths, concealment of. 1397-1398............................................................ Inheritance. 1398........................................................................ Legitimation, methods of. 1399a-1399b........................................................ Marriage and divorce. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 85 R E FER ENCE IN D E X TO L A W S OF T H E U N IT E D ST AT E S. KENTUCKY— Continued. Statutes 1915, sections— 2062a. 14............................... Births, registration of. 2096.............................. .........................................Incestuous marriages. 2098-2099........ .....................................................Marriage and divorce. Laws 1916, ch. 6, secs. 1 - 3 .................... ...............Abandonment, desertion, nonsup port. Laws 1916, ch. 33, sec. 14......................................W orkm en’s compensation. LOUISIANA: Marr’s Annotated R evised ^Statutes 1915, sec tions— , 3977 as amended b y Laws 1918, No. 3 8. .W orkm en’s compensation. 4142-4143.......... ..................................... .............Inheritance, legitimation, methods of. 4453-4454........................................................... .Marriage and divorce. Merrick’s Revised Civil Code 1912, articles— 2 7 ...................................... ............. ........................Definition. 9 4 -9 5 ..................................................................... Incestuous marriages. 178, 180-183........................................................Definition. 181 -1 8 3 ....................................... .......................... Marriage and divorce. ,-1 8 4 -1 9 7 ........................................... ..................... Legitim acy, presumption of. 1 9 8 ..........................................................................Marriage and divorce. 1 9 8 -2 0 1 .................................................................Legitimation, methods of. 2 0 2 . . . . . . . . ....... ................................ . . . . . . .Definition. 2 0 3 -2 0 6 ..................... ................ ..........................Legitimation, methods of; 2 0 4 .......................................................................... Marriage and divorce. 2 0 6 -2 1 2 ............................................................... Inheritance. .L egitim acy, presumption of. 2 08 -2 1 2 ............................................ ............. 2 1 3 . ........................... ...........................................Custody. 2 1 4 ............ .... r ......................................................Adoption. 2 38 .......................................................................... Custody. 2 3 9 -2 4 5 ................................................................. Illegitim acy proceedings; care and support. 256, 2 61 .......... ..................................... ................. Guardianship. 917-929, 933, 949, 9 54 ,1 48 3 -1 48 8 .................Inheritance. 3556 (8) . ...............................................................Definition. Laws 1918, No. 257, sec.1 4 ................................. Births, registration of. M A IN E : Revised Statutes 1916— Ch. 29, sec. 1 .......... ............................... .....R e s i d e n c e . Ch. 64, sec. 58 as amended b y Laws M aternity hospitals. 1917, ch. 176. Ch. 65, sec. 13— ....................................Marriage and divorce; inheritance. Ch. 65, secs. 1 6 - 1 7 . . . ......................................Marriage and divorce^ Ch. 72, sec. 3 6 ........... .......................................Adoption. Ch. 80, sec. 3 ...................................................... Legitimation, methods^ of; inherit Ch. 85, sec. 5 9 . . — ance. r......................................Illegitim acy proceedings. Ch. 102, secs. 1 -6 ; 7 as amended b y Laws 1917, ch. 84; 8 -9 ; 10 as amended Illegitim acy proceedings. b y Laws 1917, ch. 158; 11. Ch. 120, secs. 3 8 -4 1 ......................................... Abandonm ent, desertion, nonsup port. Ch. 126, sec. 8 ............ .......... ................. . . . . . B i r t h s and deaths, concealment of.. Laws 1917, ch. 149, secs. 1 -4 ................................ M aternity hospitals. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 86 IL LE jG IT IM A C X l a w s . M ARYLAND: Annotated Code— Y o l. 1 (.M il),, art. «£ see. 1 1 . ................ .. - . Apprenticeship. A rt. 46* see, 2 9 _______ ____ _____ ______Legitimation, methods a t Seesv 2 9-S # _____ - ____ _ - . .Inheritance. YoL. %(1911), art. 93* see, 134................ Inheritance. Y o l. 3 (1914), art. 12, secs. 1 -1 2 ------ --- .Illegitim acy proceedings. A rt. 27 „ secs. 4 M -4S S as added Custody, h y Laws 1916, ch. 210. MASSACHUSETTS: Revised Laws 1902— Ch. 29, see. I as amended b y L aw s • Births, registration e l 1910 ch. 322; 25. Ch. 83, secs. 1 3 ,1 7 -1 9 .......................'...........A dop tion and custody. Ch. 84, see. 4 as am ended b y L aw s Illegitim acy proceedings. 1909 ch. 208. Ch. 133, secs. 3 -5 * .....______ . . . . -------------.Inheritance. See. 5 . . ________ _ .__________ _____ Legitimation,, m ethods©I. Ch. 151, secs. 6y 12-13, (see; M repealed) 1'5;' ch. 152, see'. 22. Ch1. 154, see. 2; as amended fey Laws Marriage and; divorce-. Adoption. 1904, ch. 302;. Ch. 282, Bees. »W ML___ . ______________ — . Births aind deaths* concealment of. Laws 1902, ch. 310, sees. 1 - 2 . ............. ..............Marriage and divorce. Law s 1911, ch. 456, secs; 1 -4 ; 5 -6 asam en d- A bandonm ent, desertion, ed fey Laws12 9 1 $ ch. 25T, sees; 4 53 -4 5 4; nonsup- port. 7 ; 8 as amended b y L aw s 1912, eh. 31#. Laws M O , eh. 009, bbk.1 ......... ....................... * .R esidence. Laws 1912, ch. 280, see. 2 ------------------------------- Births, registration ©L Laws 1913, ch. 563, see. 3 as added; Illegitim acy proceedings, h y Laws 1918, ch. 19#. L aw s M M , eh. 763, sees 1 - 4 . --------- -------------- Mothers’ pensions. Laws 1917, ch. 163 a s amended b y Laws Abandonm ent, desertion, 1918, ch. 257, see. 455-. nonsup- p m *. MICHIGAN: Compiled Lawn 1915, section«— 2017............ ............................ .............................. Juvenile courts; mothers’ pensions. 5614.............. ........................ .............................. Births, registration of. 7 2 3 0 .......................... . . . . . . .................... . . ------ Custody. 7753-7763_______________________. ____ . . . . .Illegitim acy proceedings. 7789-7793.............................................................Abandonm ent, port. 7794. . . ____ ____ . ... desertion, nonsup- _____ : . . . . . Illegitim acy proceedings. 11367,11387-11392___ ..._______ ________ - -Marriage and divorce;, legitim ation, methods of . 11418-11420....................1................................... Marriage and divorce. 11512_________ ___ _____ __________ _________ Apprenticeship. 11706^-11791______ . . . . _____- ________ _____ Inheritance;. llT g g ............ ..........................................w. ...........Legitimation,, methods of. 14139............................................................_____Adaption., 1 5 4 6 9 - 1 5 4 7 0 : . . . . . _________ _____ ______..B ir th s and deaths, concealment of. 15700 . ....................................................................Illegitim acy proceedings. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 87 R EFE R E N CE IN D E X TO L A W S OF T H E U N IT E D ST A T E S. MINNESOTA: General Statutes 1913, sections— 3214-3224 as amended, and 3225a- Illegitim acy proceedings. 3225eas ad ded,by Laws 1917, cb, 210. 4651-4652 and 4661-4662 as amended, and4653a and 4650a-4660b,as added, Births, registration of. b y Laws 1917, ch. 220. 7105.......... ....................- . . .................................... Marriage and divorce; legitimation, methods of. 7153—7155 as amended b y Laws 1917, ch. 222. Adoption; and custody, 7240............................................................. .......... Legitimation, methods of. 7240-7241 _____ _____________ __________ Inheritance. 8666-8668 as amended, and 8668 as Abandonm ent, added, b y Laws 1917, ch. 213. desertion, nonsup- port. 8697 as amended b y Laws 1917, ch. 231. .Births and deaths, concealment of. 8703a as added b y Laws 1917, ch. 211____Illegitim acy proceedings. Laws 1917, ch. 194, secs. 2 - 5 . . . . . . . . . . . . . . C a r e and support; illegitim acy pro ceedings. Laws 1917, ch. 212, secs. 8 -1 0 ............................. Births, registration hospitals. Laws 1917, ch. 212, sec. 1 0 . of; maternity ____ . . . .Illegitim acy proceedings. Laws 1917, ch. 397, see. 1( Juvenile court— Care and support; juvenile courts, illegitimate child is “ dependent ” ) . ............ MISSISSIPPI: Code 1906, sections— 2 6 8 -2 8 3 .......... ....................................... ............... Illegitim acy proceedings. 542 as amended b y Laws 1910, ch. 185. .Legitim ation, methods of. 721 as amended b y Laws 1914, ch. 214 Miscellaneous. (D eath b y wrongful act). 1655........................-..............................................Inheritance; legitimation, methods of. 1670.................................. ........ ............................ Marriage and divorce. MISSOURI: Revised Statutes 1909, sections— 340 .............. ................................... ................ In h erita n ce . 341 ................... . ............. . ............................ L e g itim a tio n , m e th o d s o f. 3 4 2 . . . . . . .................... ..................................... ...M a r r ia g e an d d ivo rce . 3 4 4 .. . . . . . . . . . . _....................................L e g i t i m a t i o n , m e th o d s of. 403 as a m e n d e d b y L a w s 1913, p . 9 2 . . . .G u a rd ia n sh ip . 2 3 7 0 ........... ..................................................................M arriage an d d ivo rce. 4 4 7 0 .................. ............. ................................... .. B irth s a n d d eaths, co n ce a lm e n t of. 4495 as am en d e d b y L aw s 191 1 , p . 1 9 3 .. .A b a n d o n m e n t, d esertion, n on su p port. 6 6 7 7 ..................... ................................................. ...B i r t h s , registration of. 8 2 8 0 ......... .....................................................................In ce stu o u s m arriages. 8 2 9 1 . .................. ........................ .............. ......... .. .M arriage and d iv o rce . L aw s 1917, p . 151, secs. 1 - 1 0 ..................................M o th e r’ s p ensions. MONTANA: Revised Codes 1907, sections—• 1769.......................................................... Births, registration of. 3611................. I ...................................... Incestuous marriages. 3638, 3683-3684................. ...................... Marriage and divorce. 3738-3740.................................................Legitimacy, presumption of. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis IL L E G IT IM A C Y L A W S , 88 MONTANA— Continued. , R evised Codes 1907, sections— 3741 _...................................................................... Care and support. 3745. ............ ......................... .............................. Custody. 37go ..................... ................. .............................. Legitimation, methods of. 3764......................................... ..................... ' . . .A doption. 3770 ............................... .................................. Legitimation, methods of. 3773........................................................................Guardianship. 4 821-4822.......... ..................................................Marriage and divorce; inheritance; legitimation, methods of. 8346 as amended b y Laws 1917, ch. 7 8 . .Abandonm ent, port. desertion, nonsup 9 576-9583.......... .................................................. Illegitim acy proceedings. Laws 1911, ch. 122, sec. 5 ..................................... Juvenile courts. Laws 1915, ch. 96, sec. 6p ....................................W orkm en’ s compensation. Laws 1917, ch. 77, secs. 1 - 3 . ... ...........................A bandonm ent, desertion, port. Laws 1917, ch. 83, secs. 1 -7 (This apparently supersedes Laws 1915, ch. nonsup Mothers’ pensions, 86). NEBRASKA: Revised Statutes 1913, sections— 3 5 7 -3 6 4 .............................. - ................................ Illegitim acy proceedings. 1250........................................................................Mothers’ pensions.1273 ................................................. ...............Legitimation, methbds of. 1 2 7 3 -1 2 7 4 ...... .......... ..........................- .............Inheritance. 1542..................... •................................................. Incestuous marriages. 1591-1594, 1 6 0 8 ..................... .......... ............... Marriage and divorce. 1616, 1620.............................................................Adoption. 2748 .................................................................... Births, registration of. 8614-8616.......... .............................. - ................. Abandonm ent, port. desertion, nonsup 8769.............................. ........ ............................ .. .Incestuous marriages. Laws 1915, ch. 187, secs. 1 - 4 ........... . . . . . . . . . M o t h e r s ’ pensions. NEVADA: Revised Laws 1912, sections— . . 731 7 46 ........................... - - - ............ .................A doption; juvenile courts. 739’ as amended b y Laws 1913, ch. 1 3 3 ..Mothers’ pensions. 7 6 5 -7 6 6 ................................................................. Illegitim acy proceedings. 766............................ ............................................. Abandonment, desertion, ^ nonsup port; and custody. 2339 ....................... .............................................. Marriage and divorce. 2351.................................................. ..................... Legitimation, methods of. ^ 2965 ......................................................................Births, registration of. 5 8 2 8 . . . ........... ............... ................... ................. Adoption. .................................................................Legitim ation; methods of. 5833 6117-6118.......... .............................................. * - Inheritance; legitimation, methods of; marriage and divorce. 6450............ _...................... , .................................Births and deaths, concealment of. Laws 1913, ch. I l l , sec. 26 as amended b y W orkm en’ s compensation. Laws 1917, ch. 233. Laws 1913, ch. 272, secs. 1 -2 ............................... Abandonm ent, port. Laws 1915, ch. 131, secs. 1 ; 2 as amended b y Jiaws 1917, ch. 11; 3 -8 . https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis desertion, nonsup Mothers’ pensions, R E FER ENCE IN D E X TO L A W S OF T H E U N IT E D ST A T E S. 89 N E W H A M P S H IR E : Public Statutes 1901— Ch. 83, sec. 1 (3 d )........ ............. ......................Residence. Ch. 87, secs. 3 -1 2 . 1; 2, Supp. 1913, p. 161; Illegitim acy proceedings. Ch. 174, sec. 3 .................... ...............................Marriage and divorce. ®ec- 18.......................................................... Inheritance; legitimation, of. Ch. 175, sec. 7 . . . . . .......................................... Marriage and divorce. Ch. 181, sec. 2 ................................................... Adoption. methods Ch. 196, secs. 4, Supp. 1913, p. 462; 5 . . Inheritance. Ch. 204, sec. 4 ................................................... Illegitim acy proceedings. Ch. 278, sec. 1 4 . . ..............................................Births and deaths, concealment of. Supplement 1913, p. 163 (1911, ch. 134, sec. 12).Custody. Supplement 1913, p. 518 (1913, ch. 57, sec. 1 ).Abandonment, desertion, nonsup port. Laws 1915, ch. 132, secs. 1—10................. . . . . . M o t h e r s ’ pensions. N E W JERSEY: * Compiled Statutes 1910— V ol. Y ol. 1, p. 184, secs. 1 -3 4 ............................... Illegitim acy proceedings. 2, p. 1784, sec. 118.................................Births and deaths, concealment of. P. 1923, sec. 13 as amended b y Laws 1917, chs. 139 and 246. P. 2022, sec. 1........ ............................ V ol. 3, p. 3874, sec. 169 as amended b y Laws 1918, ch. 63. Inheritance. .Marriage and divorce. Inheritance; legitimation, methods 0f. P. 3981, sec. 3 5 ........................................ Illegitim acy proceedings. P. 4004, sec. 133 .................................. Illegitim acy proceedings. P . 4012, sec. 4 (superseded b y Laws Residency. 1911, ch. 196, sec. 9). 12, as amended b y Laws 1911, ch. 95, sec. Laws 1914, ch. 244. . Laws 1911, ch. 196, sec. 9, as amended b y Laws 1912, ch, 14. W orkm en’ s compensation. Residence. Laws 1912, ch. 103, secs. 1—3 . . . . . ......................Illegitim acy proceedings. Laws 1913, ch. 331, secs. 1—3 ................ ...............Custody. Laws 1914, ch. 5, sec. 1.......... ...................... ....L e g itim a tio n , methods of. Laws 1915, ch. 173, secs. 1 - 3 ............................... Legitimation, methods of. Laws 1916, ch. 45, sec. 1. . . ........ ................ ........ Abandonm ent, Laws 1917, ch. 61, secs. N E W M E X IC O : port. 1 - 5 .............................. Abandonm ent, * desertion, nonsup- desertion, nonsup- P° rt’ Statutes 1915, sections— 13, 17----- . . . . -------- £.....................................Adoption. 1850 as amended b y Laws 1915, ch. 69 (Statutes 1915, A ppendix, p. 106). Inheritance; legitimation, methods of. 1851, 1 8 5 6 . . . . , ............... ...................................Inheritance. 1852........ .......................................................L e g i t i m a t i o n , methods of. 2577.................................................. ......................Guardianship. 8480.................................................................... .Incestuous marriages. 8484........................ ................................................Marriage and divorce. Laws 1917, ch. 83, sec. 12 (j and k ) . . . . . . . . . W o r k m e n ’s compensation. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 90 IL L E G IT IM A C Y L A W S . NEW YORK: Birdseye Consolidated Laws (2d e d .), 1917— 2, Decedent Estate, ch. 13, secs. Y o l. Inheritance. 89, 9 8 .. Domestic Relations, ch. 14, sec. 5 . -Incestuous marriages. Sec. 2 4 ...... ................................. ........ Legitimation, methods of. Sec. 86....................................... .....G u a r d ia n s h ip . Sec. I l l ................................ Adoption. Sec. 113................................................Adoption. V ol. 4, Judiciary Law, ch. 30, sec. 4 ___ Illegitim acy proceedings. V ol. 5, Penal Law, ch. 40, secs. 480, 481. Abandonm ent, port. desertion, nonsup Sec. 1843..................................................... Illegitim acy proceedings. Sec. 2461........................ . . ................... r . .B irths and deaths, concealment of. 6, Poor Law, ch. 42, secs. 6 0 -7 5 ___ Illegitim acy proceedings. Y o l. P u blic H ealth, ch. 45, sec. 3 8 3 .____Births, registration of. V ol. 7, Second Class Cities, ch. 53, sec. 185. Y o l. 8, W orkm en’s Compensation, ch. Illegitim acy proceedings. W orkm en’ s compensation. 67, sec. 3. Parson’ s Code of Civil Procedure, 1918, secs. 1745, 1749, 1759-1760. Marriage and divorce, Bender’s Code of Criminal Procedure, 1918, secs. 838-886. Illegitim acy proceedings, N O R T H C A R O L IN A : P ell’ s R evisal, 1908, sections— 1 36-137...................... ................... ........................Inheritance. 201........................................................... . . . . . . . Apprenticeship. 2 5 2 - 2 6 4 ........................................... .. ..„ .I lle g it im a c y proceedings. 263 -2 6 4 .................... ! ..................................... Legitimation, methods of. 2 64 ..........................................................................Inheritance. 1333, item 4 ..................... .............................. .R esidence. 1556, rule 9, Supp. 1913 (as amended b y Laws 1913, ch. 71); rules 10 and 13. Inheritance; marriage and divorce, 1569........................................................................Marriage and divorce. 1 915-1919........................................Illegitim acy proceedings. 2083, Supp. 1913, p. 2087 (as amended Marriage and divorce, b y Laws 1917, ch. 135). 362 3 ..................... . . . . . . .............. ................. 1. .Births and deaths, concealment of. 5438b (14), items 6 and 8, Supp. 1913 Births, registration of. (Laws 1913, ch. 109, sec. 14). Laws 1917, ch. 59, secs. 1 - 3 ...... ....................C u s t o d y . Ch. 219, secs. 1 - 2 . . . ..................................... .'Legitimation, methods of. NORTH DAKOTA: Compiled Laws 1913, sections— 4 4 7 ............................................... .................................B irth s, registration of. 2501 (ite m 3 ) ................ - . ............. ................ ......... R e sid e n ce . 4359 .......... I ......................................................... In ce stu o u s marriages. * 437 0 , 4 3 9 4 -4 3 9 5 .................... . " . ............................ M arriage an d d ivorce. 4 4 2 0 -4 4 2 2 ...................................................................L e g itim a c y , p resu m p tion of. 4421 .................... .......................................... .. .L e g itim a tio n , m e th o d s of. 4 4 2 5 .................... ............................ ............................ C u stod y. 4 4 4 4 .................................................... ..................... https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis A d o p tion . 91 R EFE R E N CE IN D E X TO L A W S OF T H E U N IT E D ST AT E S. NORTH DAKOTA— C o n tin u e d . C o m p ile d L a w s 1 91 3 , se ctio n s— • 4 4 5 0 ............................... .Legitim ation, methods of. . Guardianship. 4 4 5 6 ................................................... ................. 5 7 4 5 - 5 7 4 6 . . . . . . . . . . . . . ___ . . . . ____ _ .Inheritance; marriage and divorce; legitimation, methods of. 7935 (5 ), 7 9 3 6 ( 3 1 ) . . ............. ................... .L egitim acy, presumption of. 9 5 9 5 -9 6 0 0 ....................................... ................ .A bandonm ent, desertion, nonsup port. 9 6 0 6 ....................... ............................ .. .Births and deaths, concealment of. 1 0 4 8 3 -1 0 5 0 0 .......................... ....................... .. .Illegitim acy proceedings. L aw s 1911, c h . 1 77, secs. 5 - 6 ....................^ .Juvenile courts. S e c . 1 7 .................................................. ............ .Adoption. L aw s 1915, c h . 183, secs. 3 , 8 , 1 0 - 1 1 ____ .M aternity hospitals. S ec. 8 . . . . . . ____________ ____. . . ______ .Births, registration of. L aw s 1915, ch . 185 , secs. 1 - 8 ............ ............ Mothers’ pensions. L aw s 1 9 1 7 , c h . 7 0, s e c . 1 ................................. Care and support; inheritance. .Illegitim acy proceedings; legitima tion, methods of. S ecs. 2 - 3 . .................................................. .. OHIO: General Code 1910, sections— 219 (items 5 -6 ) as amended b y Laws Births, registration of. 1913, p. 194. 8590-8591.......... .................................................. Inheritance; legitim ation, methods * of; marriage and divoree. 11987.................................................. — ............Marriage and divorce. 12110-12135............ ............................................Illegitim acy proceedings. 13008-13017; 13018 as amended b y Laws 1913, p. 913; 13019 as amended Abandonment, port, desertion, nonsup- b y Laws 1911, p. 115; 13020-13021. OKLAHOM A: Revised Laws 1910, sections— 1816 as amended b y Laws 1917, ch. 119. .Illegitim acy proceedings. 2438, 2807................ .................^..............Births and deaths, concealment of. 3326........................................................................Guardianship. 3885....................................................................... Illegitim acy proceedings. 4364-4366............................................................Legitim acy, presumption of. 4365........................................... ................... .. Legitimation, methods of. 4367..................................................................... .. Care and support. 4369..................................................................... .Custody. 4388.................................. ..................................... Adoption. 4399 as amended b y Laws 1910-1911, ch. 73. Legitimation, methods of. 4401-4406; 4407 as amended b y Laws 1915, ch. 91; 4408-4411. Illegitim acy proceedings. 4534........................................... .. — Residence. 4974....................... .. ............................. ............... Marriage and divoree. 3420................... .................................................... Marriage and divorce; legitimation, methods of. 8420-8421................... .. — ............................... Inheritance. Laws 1915, ch. 149, secs. 1—2 . ............................ Abandonment, desertion, nonsup port. Laws 1917, ch. 168, sec. 14 ( 6) . .......... ...............Births, registration of. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 92 IL L E G IT IM A C Y L A W S . OREGON: Lord’s Oregon Laws 1910, sections— 798 (6), 799 (3 2 )................... . . ........................Legitim acy, presumption of. 2080, 2088.............................................................Births and deaths, concealment of. 7026........................................................................ Marriage and divorce; legitimation, methods of. 7059................................ .......................................Apprenticeship. 7099, as amended b y Laws 1915, ch. 3 1 . . Adoption. 7351-7352................. ............................................Inheritance; legitimation, methods of. Laws 1913, ch. 112, sec. 14 as amended b y W o r k m e n 's com p en sation . Laws 1917, ch. 288. , Laws 1913, ch. 244, sec. 1 as amended b y Laws 1917, ch. 136; secs. 2 -8 . Laws 1915, ch. 268, sec. 13 as amended b y A b a n d o n m e n t, desertion, n on su p - port. B irth s, registration of. Laws 1917, ch. 384. Laws 1917, ch. 48, secs. 1 - 1 4 ...............................Illegitim acy proceedings. Sec. 14...................................................................Inheritance; legitim ation, methods of. PENNSYLVANIA: Stewart’s Purdon’s Digest 1700-1903— Vol. 1, p. 901, sec. 3 ........................................Births and deaths, concealment of. P. 955, secs. 2 4 7 -2 4 8 .............................. Illegitim acy proceedings. - P. 1247, sec. 3 2 .........................................Marriage and divorce. V ol. 2, p. 2004, secs. 52 (in part re- Inheritance; name, pealed b y Laws 1917, No. 192, pp. 444-445), 55. . V ol. 3, p. 2445, sec. 31 (in part re- Legitim ation, methods of. pealed b y Laws 1917, No. 192, pp. 443-444). P. 2446, secs. 3 2 -3 3 ............................ .Marriage and divorce. P . 3197, sec. 4 ...........................................Nam e. P. 3566, sec. 6 0 ........................................R esidence. Supplement 1905-1915— V ol. 5, p. 5852, secs. 52-57 (Laws 1907, Illegitim acy proceedings. N o. 293, p. 429). V ol. 6, p. 7303, sec. 20 (Laws 1915, N o. 402, p. 900, sec. 14). Births, registration of. Laws 1917, N o. 145, secs. 1 - 3 . . . . . . . . . . . . . . I l l e g i t i m a c y proceedings; abandon ment, desertion, nonsupport. No. 192,'secs. 1 4 -15 ; 2 7 -2 8 .......................... Inheritance. Sec. 1 5 ( d ) .................................................Legitimation,methods of. N o. 290, secs. 1-6 ................................ .............Abandonment, desertion, nonsup port. PORTO RICO: R e v ise d S tatutés and Codes 1911, sections— 1 8 4 ........... ..................................................................... C u sto d y . 2 3 1 -2 3 3 , 2 3 5 ..............................................................B irth s, registration of, 2 35 , 4 0 5 ......... ............................................ ................L e g itim a tio n , m e th o d s of. 3 2 5 0 .............................................................................. L e g itim a tio n , m e th o d s o f; . tio n . 3 2 5 0 -3 2 5 6 . — ........................................................ L e g itim a c y , p re su m p tio n of. 3 2 5 6 ................................. ................ . . . . . . . . . . . . N a m e . https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis d e fin i- R E FER ENCE IN D E X TO L A W S OF T H E U N IT E D ST AT E S. 93 PORTO RICO — Continued. R e v is e d S ta tu te s a n d C odes, 101 1 , sectio n s— 3 2 5 7 -3 2 6 5 . . ........................ . . , .Legitimation, methods of. 3 2 6 3 - 3 2 6 7 . . . .................... .Illegitim acy proceedings. . Inheritance. 3 2 6 5 . ......................... ................ .. 3 2 6 6 -3 2 6 7 , 3 2 8 3 -3 2 9 0 ........... 3 2 9 2 ........................................ .. .Care and support. .Custody. 3 3 8 9 ............................................. ... Legitimation, methods of. 3 8 0 9 ............................................... . Legitimation, tance. 3 8 8 6 -3 8 9 1 , 400 1 , 4 0 0 5 -4 0 0 9 methods of; inheri- Inheritance. L aw s 1918, N o . 10, sec. 3 ............. W orkm en’s compensation. RHODE ISLAND: General Laws 1909— Ch. 92, sec. 1 (item 3)............. ........... Ch. 95, secs. 1-3; 4-5 as amended by Laws 1915, ch. 1215; 6-8; 9 as amended by Laws 1915, ch. 1215; 10-11; 12-11 as amended by Laws • 1915, ch. 1215; 15-18. Ch. 243, secs. 2-3.......... ........................ Ch. 316, sec. 7................................... 1.. Ch. 347, secs. 10-11............................... Residence. Illegitim acy proceedings. Marriage and divorce. Inheritance. Births and deaths, concealment of. SOUTH CAROLINA: Code 1912 (Civil), sections— 973 ..................... .......................... 974 .................................. 1530 (item 3)........................ ............. 3454, 3562, 3575...................................... 3756..................................................... 3 7 9 8 ...:........... ............................ . Code 1912 (Criminal), secs. 6 9 1 -6 9 5 ....... .Apprenticeship. Illegitim acy proceedings. Residence. Inheritance. Marriage and divorce. A doption; inheritance. Illegitim acy proceedings. SOUTH DAKOTA: Revised Codes 1903 (Political), sec! 2764 (item 3)................................................ .Residence. Revised Codes 1903 (Civil), sections— 38.................. ................................... .Incestuous marriages. 63, 81-82.................................... .Marriage and divorce. 107-109.......... ............... .................... .Legitim acy, presumption of. 108........ ........ ............................. .Legitimation, methods of. 112...................................... ........................ . . " .Custody. 1 3 1 . . . . . . . . . . . . . . . . . . . . . . .......... 138........................... ......... ............. 144............................ ..................... . 1096...................................... .Adoption. .Legitimation, methods .Guardianship. of .Marriage and divorce; legitimation, methods of. 1096-1097............................ Inheritance. R e v ise d Codes 1903 (C iv il P roced u re), secs. 807 8 1 6 . .............. ................... , . . . ............................ Ille g itim a c y p roceed in gs. R e v ise d Codes 1903 (P e n a l), secs. 3 44 , 7 9 4 . .B ir th s an d d ea th s, co n ce a lm e n t L a w s 1915, ch . 119, secs. 5 - 6 ...................................J u v en ile courts. S e c . 2 3 ........................................ ............................... A d o p tio n . https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis of. 94 IL L E G IT IM A C Y L A W S . TENNESSEE: Thom pson’ s Shannon’ s Code 1918, sections— 2707____________________ ____ _________ _____ Illegitim acy proceedings. 2 7 0 8 ... .............. ................... .............Apprenticeship. 3118a-51______________ _____ _________ s ...B i r t h s , registration of. 4166-4169 (4168 unconstitutional)............ Inheritance. 4179 4198-4200, 4229 ......... . . ........................Marriage and divorce. 4242a r -il________________ ___ _________ _____ Abandonm ent, desertion, , nonsup- port. 4322...................................................................... .. Apprenticeship. 4 43 6 a-65a-15........ ........ ...................... ...............Adoption. 5402, 540.6-5408, 5412-5413, 6027 (10) Legitimation, methods of. 6069. 5412..................................... . ................................. Nam e. 6040, 6931(1), 7 3 3 2 - 7 3 5 3 . ... ....... ............... Illegitim acy proceedings. TEXAS: Revised Statutes 1911 (C ivil), articles— 2472.................................................... ................... Legitimation, m ethods of; marriage and divorce. 2472-2473................. ............................................Inheritance. ' 4614-4616, 4636................... .. .........................Marriage and divorce. Laws 1913, ch. 101, secs. 1 - 7 ............... . . . . . . . Abandonm ent, desertion, port. nonsup Laws 1917, ch. 129, sec. 9 ......................................Births, registration of. UTAH: Compiled Laws 1917, sections.— 13...........- ......... , 1 4 ..... 1 9 ................................... 380-395............ w 391.----------------------------3 9 3 .. . -.... 1 4 0 0 -4 4 .................. 2966................. ............... . 2968. . ................................. 3960-3968.. .....................>1 5052.. . . . . ......... . . . . . . . 6413-6414........ ................... A d o p tio n . L e g itim a tio n , m e th o d s o f. Ille g itim a c y p roceed in gs. C u stod y. .L e g itim a tio n , m e th o d s o f . R e sid e n c e . .In ce stu o u s marriages. .M arriage an d d ivo rce . .M others’ pensions. .B ir th s, registration of. .M arriage a n d d iv o r c e ; le g itim a tio n , m e th o d s o f; in h eritan ce. 6428-6430....................... . .In h e rita n c e . 8112-8115....... .A b a n d o n m e n t, ...... d esertion, n on su p port. VERMONT: G eneral L aw s 1 9 1 7 , sections— 2 3 4 3 -2 3 5 1 , 2 4 1 7 - 2 4 1 9 . . . . . . Ille g itim a c y proceed ings. 3 4 1 8 - 3 4 1 9 .......................... .. In h erita n ce . 3419 . .L e g itim a tio n , m e th o d s of. ........................... 3 5 3 6 -3 5 4 3 ..................... .A b a n d o n m e n t, d ese rtion , port. 3 5 4 6 , i)553, 3 5 9 7 . . . I .......... . .M arriage an d d ivo rce. 3 6 0 8 - 3 6 3 2 .... .......................... . Ille g itim a c y p roceed ings. 363 6 . .G u a rd ia n sh ip . ...................... . 3 7 3 2 - 3 7 3 3 . . . .................... https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis . A p p r e n tic e sh ip . n on su p 95 R E FE R E N CE IN D E X TO L A W S OF T H E U N IT E D STATES, VERMONT— Continued. General Laws 1917, sectiens—3757............................................ ............................Adoption. 3 7 8 6 ._______ ___ ___ __________ __Births, registration of 5759................... ..................................................... W ork m en s compensation. 6804-6805............... ...... ........ . . ...... ................... Births and deaths* concealment of. VIRGINIA: Code 1904, sections— 2227, 2 5 5 4 ..i ....................................................... Marriage and divorce. 2 552-2554......................................................... . .Inheritance. 2 5 5 3 ......................................................................Legitimation, methods of Supp. 1916, p . 845,. secs. 14; b y Laws 1918, ch. 58. 20 as am ended P. 1030, sec. I (Law sT915, eh. 114) apparently superseded b y Laws 1918, ch- 416). Laws 1918, g|i . Births, registration of. Abandonm ent, port, 416, secs. 1—I I . - ................. : . . Abandonm ent, desertion, desertion, nonsup- nonsup- port. Layers 1918, ch. 400, sec. 4 0 ................................... W orkm en's compensation. WASHINGTON: Remington’s Codes and Statutes 1915, sections— 1345...................................................................... ..Legitimation, methods of. 1345-1346............................................................. Inheritance. 2452........................................................................ Births and deaths, concealment of. 5435............................ ............................................Births, registration of. 5933-1 to 5 9 3 3 -3 ...................................... ........ A bandonm ent, 6604-3 as amended b y Laws 1917, ch. 120, sec. 1. 7155............ desertion, nonsup port. W orkm en’s compensation. Legitimation, methods of. WEST VIRGINIA: B a rn e s’ C ode 1916— C h . 63 sec. 8......................... . . . . .Marriage and divorce. C h. 78, sec. 5 . . ______________. . . . _____ _____ Inheritance. S e c . 6 . . . . ............................................. ......... Legitimation, methods of. S e c . 7 . . . . ................................ ........... ......... Marriage and divorce. C h . 80, secs. 1 - 6 ........... ........................... ......... Illegitim acy proceedings. L aw s 1915, ch . 70, se ctio n s— 4 ; 5 as a m e n d e d b y L a w s 1 91 7 , ch . 6 3 .. .Juven ile courts. 20 ......... ................ ............... ......... Adoption. L aw s 1917, c h . 51, secs. 1 - 9 .................. .. WISCONSIN: ......... Abandonm ent, port. desertion, nonsup- Statutes 1917, sections—• 750.2....................................................................... Illegitim acy proceedings. 1022-30 (items 5 and 21) ............................... N am e; births, registration of. 1500 (item 3 ) ..................... .................................Residence. 1530-1533,1533a-1533b, 1533m, 1534-1542.Illegitim acy proceedings. 1542a-1542g................................... ......................Maternity hospitals. 2273................ ........................................................ Inheritance. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 96 IL L E G IT IM A C Y L A W S . WISC O NSIN— C o n tin u e d . S tatu tes 191 7 , section s— 2 2 7 4 . . . . ........................... In h e r ita n c e ; leg itim a tio n , m e th o d s of. 2 3 3 9 n -2 4 to 2 3 3 9 n - 2 5 .. M arriage a n d d iv o rc e ; leg itim atio n , m e th o d s of. 4 0 2 2 ........................................ A d o p tio n . 4 5 8 5 -4 5 8 6 ........................ .. B irth s a n d d eath s, c o n c e a lm e n t of. 4 5 8 7 c .l-4 5 8 7 c .6 , 4587(1 A b a n d o n m e n t, d esertion, n on su p port. WYOMING: C o m p ile d S tatu tes 1910, section s— 2 9 5 7 ____........................................................................B irth s, registration of. 3 9 1 7 ........ ...................................................................... In c e stu o u s marriages. .3 9 4 1 , 3 9 4 2 -3 9 4 4 .................. ....................................Marriage an d divorce. 5 7 3 1 -5 7 3 3 ....... ........................................................... In h erita n ce . 5 7 3 1 ..................................................................... .. .L e g itim a tio n , m e th o d s of. 5739 as a m e n d e d b y L aw s 1915, ch. 1 4 3 . . C u s to d y ; gu ard ian sh ip . 6 3 7 1 -6 3 9 4 ...................................... . . . . ................... Ille g itim a c y proceed ings. Laws 1915, ch. 72, secs. 1 - 6 ..................................... A b a n d o n m e n t, port. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis desertion, nonsup CODES, REVISIONS, OR COMPILATIONS USED. A labam a..........................................................Code 1907. A laska.........., ............................................ .Com piled Laws 1913. Arizona.............................................................Revised Statutes 1913. Arkansas.......................................................... Kirby and Castle’s Digest 1916. — Deering’s General Laws 1915. C a l i f o r n i a . . . . . . . . . . . . .................... .. Deering’s Penal Code 1915 Deering’s Civil Code 1915. Colorado........................................... Deering’s Code of Civil Procedure 1915. Deering’s Political Code 1915. Revised Statutes 1908. Connecticut.....................................................General Statutes 1918. Delaware............ ...................... ......................Revised Code 1915. District of Colum bia...................... ........... Code of Law 1911. U . S. Statutes at Large. Florida.............................................................General Statutes 1906. G e o r g ia ......................................................... Park’s Annotated Code 1914. Haw aii...................................................... ïd ah o................. Supplement 1917. Revised Laws 1915. ...R e v i s e d Codes 1908. Illinois............................................................. H urd’s Revised Statutes 1917. Indiana............................................................Burns’ Annotated Statutes 1914. I ° wa.................... * ...........................................Code 1897, Supplements 1913 and 1915. Kansas............................................................... General Statutes 1915. K e n tu ck y......................................... Statutes 1915. Louisiana............................ ................... ...... .M arr’s Annotated Revised Statutes 1915. Merrick’s Revised Civil Code 1912. M aine............................................................... .R evised Statutes 1916. Maryland.........................................................Annotated Code 1911 and 1914. Massachusetts............... .................................Revised Laws 1902. Michigan...................... ................................... Compiled Laws 1915. M innesota.. , .................................................General Statutes 1913. M ississip p i..,.............. ................................C o d e 1906. M issou ri.......................................... ...............Revised Statutes 1909. Montana.......................................................... Revised Codes 1907. Nebraska........... .............................. ........ . . . Revised Statutes 1913. N evada...........................................................R evised Laws 1912. New H a m p s h ir e ........................................ Public Statutes 1901, Supplement 1901-1913. New Jersey.....................................................Compiled Statutes 1910. New M exico................................................... Statutes 1915. New Y o rk ........................................................Birdseye Consolidated Laws (2d ed.) 1917. Parson’s Code of Civil Procedure 1918. Bender’s Code of Criminal Procedure 1918. North Carolina.................... . ........................Pell’s Révisai 1908. Supplement 1913-1915. North D a k o t a ...,......................... ...............Compiled Taws 1913. Ohio...................................................................General Code 1910. 90956°—19----- 1* https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 97 98 IL L E G IT IM A C Y L A W S . 0 klahoma ................ .. Revised Laws 1910. Oregon.................. ........................................... Lord’s Oregon Laws 1910. Pennsylvania.................................................Stewart’s Purdon’s Digest 1700-1903 volume 1-4. Supplement 1905-1915, volumes 5 -7 . Porto R ico......................................... - ...........Revised Statutes and Code® 1911. Rhode Island.............................- ................. General Laws 1909. South Carolina........................................- - - Code 1912. South Dakota..........................................- - - Revised Codes 1903. Tennessee ......................... Thompson & Shannon s Code 1918w T exas.................... - ......................................... Revised Statutes 1911. U ta h .............................................................. .. Compiled Laws 1917. V erm ont........................................................... General Laws 1917. Virginia........................................ ................... Code 1904 and Supplements 1910 and 1916. Washington.................................................... Remington’s Codes and Statutes 1915. W est V i r g i n i a . . . . . . . . . . . . ............. . . . . . B a r n e s ’ Code 1916. Wisconsin . . . . . . . . . . . . . . . . . . . . . . . . Statutes 1917. "W y o m i n g . ..............Compiled Statutes 1910. o https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis