The State’s brief says, “Upon this statement of facts, ,we submit the case to the Court.”
“Bastardy proceedings are civil and not criminal in their nature, and are intended merely for the enforcement of a police regulation.” Richardson v. Egerton, 186 N. C., p. 291.
*4693 C. S., 273, is as follows: “When the issue of paternity is found against the putative father, or .when he admits the paternity, the judge or justice shall make an allowance to the woman not exceeding the sum of two hundred dollars, to be paid in such installments as the judge or justice shall' see fit, and he shall give bond to indemnify the county as prescribed by law; and in default of such payment he shall be committed to prison.”
C. S., 270, is as follows: “When an appeal is taken, the justice shall recognize the person accused of being the father of the child with sufficient surety for his appearance at the next term of the Superior Court for the county, and to abide by and perform the order of the court. The justice shall also recognize the woman and other witnesses to appear at the Superior Court, and shall return to the court the original papers in the proceeding and a transcript of his proceedings as required in other cases of appeal. If the putative father fails to appear, unless for good cause shown, the judge shall direct the issue of paternity to be tried. If the issue is found'against the person accused, he shall order a capias or attachment to be issued for the father, and may also enter up judgment against the father and his surety on his recognizance.”
North Carolina Manual of Law and Forms (Simms, 8th ed., 1924), No. 155, is a form of bond with surety payable to State to maintain the child and indemnify county. C. S., 267. No. 156 is a form of a bond with surety for maintenance or allowance to mother or child, not exceeding $200. C. S., 273, supra. No. 157 is a form of bond with surety payable to State on appeal in bastardy, and is practically the same language as used in the bond in the present case, “and to abide by and perform the order of the court,” etc. C. S., 270, supra.
In the present case, Willie Carnegie appeared at the county court, and complied with the bond in accordance with its exact terms. The case was remanded to the justice of the peace, and he appeared there, and was committed to jail until allowance and cost was paid. The bond, in accordance with its precise terms, has been fully complied with. Willie Carnegie was committed to jail, paying the price for his wrongful conduct.
In Ins. Co. v. Durham, 190 N. C., p. 61, this Court, speaking to the question, and citing a wealth of authorities, said: “The contract, as written, and not otherwise, fixes the rights and determines the liability of the surety. Sureties have a right to stand on the terms of their contract, and, having consented to be bound to the extent expressed therein, their liability must be found therein and strictly construed.”
For the reasons given, the judgment of the court below is
Reversed.