
    THE STATE, FOR THE USE OF ELIZABETH FARLY, v. MITCHELL, ET AL.
    Bastardy act — death of child — liability of the security.
    The security in a recognizance, under the bastardy act, are held as indemnity, 1st, for the costs; 2d, for the expenses of lying-in, and the order for the maintenance of the child; 3d, to save the township harmless.
    If the child die, the township cannot be harmed, and the order of maintenance for the future is inoperative; and the surety are only liable for the amount due at the death of the child, with interest.
    Debt, on a recognizance against the defendants as security, under the bastardy act. It appeared, that the court ordered the accused to pay a sum certain periodically, for the support of the child, to pay the costs, give security for the performance, under which this recognizance was taken; that execution had issued against him for the costs, and they had been collected; that he had paid for the maintenance in full of the order, except ten dollars, when the child died. It was submitted to the court to declare the legal effect of the 'recognizance, and the rule by which the amount chargeable on the securities should be settled.
    TP". B. Hubbard, for the plaintiff.
    
      Shannon and Kennon, for the, defendants.
   By the Court.

The recognizors are only bound for the penalty in the recognizance; in no event can’ they be held liable beyond that sum. The recognizance is one of indemnity; 1st, for the costs; 2d, for the expenses of lying-in, and the support of the child; 3d, to save the township harmless. The costs having been collected of the principal, cannot, of course, be again charged upon the securities. So, with whatever of the expenses and maintenance has been voluntarily paid or collected. The death of the child relieves the township from any prospective liability. It would seem, therefore, and such is our opinion, that the balance of the maintenance due at the death of the child, with interest from the time when it should have been paid, determines the amount to be recovered on this recognizance. Judgment is rendered, therefore, for the penalty of the recognizance, with leave to take out execution for the sum due.  