| Show ANOTHER IDAHO BILL introduced INTO THE LE legislator ISLA fure OF THAT TERRITORY an act for the suppression of bastardy and to provide for the maintenance of children born out of lawful marria marriage e in the territory of idaho be it it enacted by the legislative assembly of the territory of idaho as follows SECTION L 1 every person who shall in this territory cohabit with a person of the op opposite sex not in lawf lawful ul marriage r I 1 ag e and by such cohabitation shall become the father or mother of a child such person shall be deemed guilty of the crime of bastardy and upon conviction thereof shall be punished by imvris imprisonment in the territorial prison for a I P period briod of not less than one nor more than five years provided how 1 ever tha the parents of of any such bastard child may be rell reli relieved eved evea from the penalty of this act by their lawful marriage r age with each other upon such marriage such bastard child shall be deemed the legitimate offspring thereof sec see 2 any woman who shall be placed upon trial for the crime of bf bastardy and who shall upon her examination or trial testify under ander oath that shells sheils married to the father of such allege bastard child by any form or ceremony or rite or by any priest or member or official of the church of jesus christ of latter day saints or of 0 f any an y other religious social or political r a society ac jety organization institution denomination or sect ft or by any p person er or persons whatsoever J at whether authorized by law mir to solemnize a marriage or not such father being at tile time such child is begotten pr gr born the lawful husband of occupying or sustaining the relation of husband to knottier woman whether such relation constitutes a valid marriage or arother ot ier ler wise and such testimony be reduced to writing by questions and answers unda und erthe the direction of the court statin stating full name of bf the father of su such sueh ch child and his place of residence and the mhd time when and the place where the pretended ceremony or rite of marriage between such woman and the father fattier of her bastard child was had and performed to together ether with the name or names of any person or persons then or there present as witnesses to or officiating in the performance thereof and such testimony bs be subscribed and verified by the woman on trial the court in il which such woman may be convicted may luay in its discretion suspend its Us judgment and sentence for such time as it shall think proper andt andi permit such woman to go at large upon her cognizance sec see 3 any woman who wao at the time of the passage of this act shall be or who shall thereafter become the mother of a bastard child within the meaning 0 of f this act shall have a cause of action in the district court of the county where she or the father of such child resides A against the father of such child for the maintenance and support of such child sec see 4 to enforce suen cause of action she may commence and maintain an action in such district court against the father of such child in the manner and form of commencing and prosecuting civil actions in this ter tera A aitor and upon satisfactory proof that ier ker her child is a bastard within the meaning of this act and that the defendant in this action is the father thereof the court shall make such orders jand and render such judgment against the defendant requiring him to maintain and support and educate such child as to the court may seem proper the court may also ill in its discretion require the defendant to pay to the plaintiff such sums of money during the of the tile action for the support of the plaintiff and such child as may seem proper and a reasonable counsel fee to the plaintiffs attorney in such action such orders to be been enforced in the same manner as an all order to enforce alimony pendente pen dente lite in an action of divorce and if it appear by satisfactory proof on the trial that a marriage ceremony or rite of any kind was performed beaw between een the plaintiff and defendant as specified in section two of tills this act before such chila chili was begotten or born and while the defendant was ahe lawful husband or occupied or sustained the relation of husband to another woman whether such relation constitute a valid marriage martlage or otherwise the court shall set anait apart to the plaintiff such guch portion of the defendants estate and property as may be necessary and proper under the circumstances of the case emse commensurate with the defendants whole estate for the support of the plaintiff and such child and in all cases where it shall be made to appear as in this tills section provided that a marriage cere mony or rite of any kind was performed between the plaintiff and defendant as specified in section two of this act before such bastard child was begotten or bom born and while the defendant defend anc ano was the lawful husband of or occupied or sustained the relation of husband to another woman whether such relation constitute a valid marriage or otherwise such child is and shall be the heir ol 01 his or her father and shall inherit his or her fathers estate in the same proportion as legitimate children in hert heri the laws of this territory and enlo enjoy all the rl rights ats and privileges i accorded accorded by law to I 1 legitimate egi egl ti mate offspring ring woman residing in chister whose lawful husband shall cohabit with another either with or without the tha ceremony or night right of marriage aas as s specified in section two of this act stall shall shail have a cause of action against her husband for one half of all his whole estate and shall recover the same in the same manner as is provided in the last preceding section and in such action the court may make such orders for al almony pen lents dents lite costs and coi col counsel insel f fees ees as may be proper and reasonable sec see 6 in all proceed proceedings ings lugs under this act aft and in all prosecutions for the crime of bastardy a wife shall be a competent witness against her husband and shall be required to testify as witnesses are acre required to testify in other cases sec see 7 all acts and parts of acts in conflict with the provisions of this tills act are hereby repealed sec see 8 this act shall take effect and be in force from and after its passage and band approval by the governor |
