Annotations to former section 52-435a: There can be no trial until the child is born. 1 R. 345. Discharge by mother. Id., 320. The mother, if plaintiff, must be put to the discovery at the time of her travail, if possible. 2 R. 492; 1 R. 107, but see 43 C. 484; 47 C. 186; 81 C. 7; 93 C. 320; 108 C. 673. Plaintiff must be examined, though defendant does not appear. 1 R. 345. This is not a criminal proceeding. 2 C. 360; 53 C. 525; 85 C. 327; 118 C. 304. The justice may adjourn the hearing and require defendant to give bonds for appearance at the adjourned day. 32 C. 223; 105 C. 389. The justice may belong to the town interested. 1 D. 278. Suit by a woman under age; 2 C. 360; by husband and wife. 1 R. 230. Cross-examination of defendant. 28 C. 314. What declarations are and what are not admissible; other evidence. 47 Conn. 186; 58 C. 292; 67 C. 339; 78 C. 65; 79 C. 97; 81 Conn. 7. Refusal to give bond on binding over is not a forfeiture of recognizance to appear and abide the order of the lower court. 51 C. 497. Higher court can acquire jurisdiction only by a binding over; presence of defendant not essential to jurisdiction of higher court; jurisdiction of higher court not affected by failure of justice to commit defendant for want of bond. 53 C. 526. Bond by putative father for support of child held valid. 54 C. 419. Defective complaint held to have been waived. 58 C. 286. Nature of proceedings. 68 C. 47. Statute must be strictly followed; arrest by indifferent person void; so arrest of one brought wrongfully into jurisdiction. 85 Conn. 327. Proof of constancy in accusations not necessary to make out prima facie case; statute merely makes constancy of accusation competent evidence. 93 Conn. 320; 108 Conn. 673; 114 C. 712; 138 C. 127. Allegation that reputable physician certified that complainant was pregnant not required; allegations held sufficient. 93 C. 322; 147 C. 418. Bond may be ordered to insure defendant’s attendance at adjourned sessions of the justice court; sole issue before justice is question of probable cause. 105 C. 390. If accusations are constant, prima facie case is made out by plaintiff, rebuttable only by evidence other than defendant’s own testimony. 108 C. 674. Arrest of defendant not necessary to give jurisdiction. 118 C. 306. Obligation of surety on recognizance for appearance does not include duty of seeing that accused conform to judgment by making payments. 128 C. 313. Cited. 131 C. 550. Fundamentally a civil action and may be maintained by a nonresident; it is designed to provide financial assistance for the mother in the support of the child. 146 C. 370. Statute prior to 1959 amendment: Next court of common pleas for the county in which the complainant dwells establishes venue rather than jurisdiction of subject matter. Id. Irregularity in physician’s certificate does not destroy jurisdiction of the court but may be subject matter for plea in abatement. 147 C. 423. Cited. 156 C. 205. Confers jurisdiction over bastardy actions. 165 C. 33. Motion to open a judgment hereunder denied by the circuit court and sustained on appeal; appearance of attorney in lieu of person summoned to appear personally not approved. 168 C. 184. Statute omits any authorization for the arrest of the putative father and provides that paternity proceedings shall be initiated upon the verified petition of the mother filed in the court of common pleas. 169 C. 66. Cited. 170 C. 367; 175 C. 438. Cited. 6 CS 156. That a child born to a married woman during wedlock is legitimate is only a presumption and not absolutely conclusive; discussion of English rule. 11 CS 323. Cited. 17 CS 267. Residence in Connecticut of the mother and child not a jurisdictional requirement; bind over is then to county court of defendant’s residence. 20 CS 346. Cited. 34 Conn.Supp. 187, 190; Id., 501; 36 CS 501. Complainant may appeal to appellate division of circuit court on adverse finding on hearing in probable cause. 2 Conn. Cir. Ct. 179. Former statute cited. Id., 581, 582. Defendant’s paternity of plaintiff’s child must be proved by plaintiff by a fair preponderance of evidence, as in any other civil case; evidence of substantive facts is essential and they cannot be proved by corroborative evidence consisting only of constancy of accusation. 3 Conn. Cir. Ct. 453. History discussed. Id.; Id., 492-494; Id., 553. Married woman could maintain bastardy proceedings for the support of her child, who was not the child of her husband. Id., 494. Purpose of act; since section is civil in nature, the court is not required to advise defendant of his basic constitutional rights. Id., 553, 556. Where sole evidence of paternity was based on prior accusation of plaintiff which she repudiated in court, defendant’s motion for judgment notwithstanding the verdict should be granted. 4 Conn. Cir. Ct. 326-329. Proceedings are civil not criminal and general rules respecting civil cases are applicable; in absence of finding of facts, judgment not reviewable on appeal. Id., 443. Cited. Id., 637, 638. Competency of photograph of illegitimate child offered in evidence to show resemblance to defendant not material where other evidence of defendant’s relations with plaintiff were sufficient to prove paternity. Id., 713. Expert medical witness called by plaintiff may also give evidence which defendant used to prove his relations with plaintiff were too early to result in birth of child on date established; verdict for defendant reached on conflicting evidence will not be set aside where jury could reasonably have reached the conclusion it did. 5 Conn. Cir. Ct. 476. Where defendant was living with plaintiff and supporting child she had previously borne him, at time of conception of second child, jury could have reasonably concluded defendant was father of second child. Id., 571. Cited. 6 Conn. Cir. Ct. 339. Constancy of accusation is competent evidence that may be proved in corroboration of plaintiff’s testimony. Id., 519. Annotations to present section: Cited. 180 Conn. 114; 188 Conn. 354. Requires that the paternity proceeding be instituted during lifetime of putative father. 194 C. 52; reversed, see 200 Conn. 656. Cited. 196 C. 403; Id., 413; 197 C. 87. Reversed judgment of Appellate Court; statute conferred status of party on Attorney General. 200 Conn. 656. New 18-year limitation is applied retroactively. 201 C. 16. Cited. 204 C. 760; 208 C. 21. Section as amended may be applied retroactively. 225 Conn. 185. Cited. 234 Conn. 51. Cited. 3 CA 212; 9 CA 93. Amendment (new statute of limitations) applied retroactively. Id., 327. Cited. 11 CA 548; 14 CA 487; 15 CA 312; 19 CA 76; 34 Conn.App. 129; judgment reversed, see 234 Conn. 51; 37 CA 105. 3-year retroactivity provision in section is not a statute of limitations, but is a statutory allowance for past child support. 75 CA 625. Because section is in derogation of the common law, it is to be strictly construed. 140 CA 229. Cited. 35 CS 679; 38 CS 680. Court finds statute’s 3-year limitation period not sufficiently long to withstand equal protection scrutiny. 40 Conn.Supp. 6. Cited. 42 Conn.Supp. 562.