CHAPTER II. APPEALS FROM THE ORDERS OF MAGISTRATES, RESPECTING BASTARDS. SECTION 947. Who may appeal, and in what cases. 948. Appeal, how taken. 949. Papers to be transmitted by magistrates, to court of sessions. Evidence on hearing. 951. Court may affirm, vacate or modify the order, or adjourn the hearing till the bastard be born. 952. If woman be not pregnant, or be married before her delivery, or the child be not born alive, defendant to be discharged. 953. Order of the court, on affirmance. 954. Commitment of defendant, if he fail to give undertaking. 956. When mother bound to appear at the sessions, court to proceed as 957. When the court may make an order against the mother, for the support of the bastard. 958. Proceedings against the mother, on affirmance or modification of the order of the magistrates. 959, 960. Costs on appeal, when awarded and how paid. 961. When order of filiation vacated, except on the merits, court may make a new order of filiation, or bind the defendant to appear. 962. If order of filiation be vacated, except on the merits, magistrates may proceed anew. 963. Court to inquire into circumstances of father or mother, committed for not giving undertaking to support the bastard. 964. Father or mother unable to support the bastard, may be dis charged. 965. Notice, before discharge, and examination of the matter. § 947. A person deeming himself aggrieved by the order of two magistrates, made pursuant to the last chapter, may appeal therefrom to the next court of sessions of the county; except that a person who has executed an undertaking to obey an order of filiation, and indemnify the public, as provided in section 937, cannot appeal from any other part of the order mentioned in section 936, than that which fixes the weekly or other allowance to be paid. Taken from 1 R. S., 3d ed., S27, sec. 24. § 948. When the father or mother of the bastard has entered into an undertaking for appearance at the next court of sessions of the county, as provided in sections 937 and 944, it is an appeal from the order of filiation or maintenance; and no other notice thereof is necessary. In any other case, the appeal is taken, by a written notice of at least ten days before the court, to the magistrates who made the order, and to the party affected thereby, or to the officer at whose instance it was obtained. Taken from 1 R. S., 3d ed. 827, sec. 24. The next section in the revised statutes, Ibid. sec. 25, is omitted. It is as follows: "No justice of the peace, who shall have assisted in any judgment, or in making any order appealed from, shall sit in the court of general sessions, upon the hearing of any appeal made from such judgment or order." This provision is inserted in the part of the code of civil procedure, which relates to the courts and judicial officers, and need not be repeated here. § 949. The magistrates receiving an undertaking for appearance at the court of sessions, must transmit it to the court, before its opening, with a certified copy of the order appealed from. Taken from 1 R. S., 3d. ed., 827, sec. 26. § 950. The court must immediately, or at any other time it may appoint, proceed to hear the allegations and proofs of the parties; and the party in whose favor the order was made, must support it by evidence. If the mother of the bastard be dead or insane, her testimony on the examination before the magistrates, is receivable in evidence: Taken from 1 R. S., 3d ed., 827, sec. 28. § 951. The court may affirm or vacate an order of filiation or maintenance, or may reduce or increase the sum ordered to be paid for the support of the bastard or its mother; and, disregarding defects in form in the order, must amend it according to the fact. If, when the appeal is heard, the bastard be not born, the court may adjourn the hearing, until it be born, and in that case, must take an undertaking from the party appealing, for his appearance, in such sum and with such sureties as the court may deem sufficient. Taken from 1 R. S., 3d ed., 827, 828, sec. 29. § 952. If the woman alleged to be pregnant, be not so, or be married before her delivery, or the child be not born alive, the defendant must be discharged from custody, or from the obligation of his undertaking, either by the court or magistrates, upon that fact being made to appear. Taken from 1 R. S., 3d ed., 828, sec. 30. § 953. If, upon the hearing of the appeal, the court of sessions affirm an order of filiation or maintenance, it must require the defendant to enter into an undertaking, with sufficient sureties, approved by the court, to the effect that he will pay, weekly or otherwise, ac cording to the order as made by the magistrate or modified by the court, the sum directed for the support of the bastard, and of the mother during her confinement and recovery; and that he will indemnify the county, and town or city where the bastard was or may be born, (as the case may be,) and every other county, town or city, which may have been put to expense for the support of the child, or of its mother during her confinement and recovery, against those expenses, or that the sureties will do so, not exceeding the sum mentioned in the undertaking, and which must be fixed by the court. Taken from 2 R. S., 3d. ed., 828, sec. 31. § 954. If, on judgment of affirmance, the defendant do not enter into an undertaking, as provided in the last section, he must be committed to the county jail, or in the city of New-York, to the city prison of that city, until he do so, or be discharged by the court. Taken from 1 R S., 3d ed., 828, sec. 32. § 955. The undertaking for the appearance of the defendant, at the court of sessions, upon an appeal, is forfeited, by his neglect to appear, or to give the undertaking mentioned in the last two sections unless he be discharged by the court. Taken from 1 R. S. 3d. ed. 828, sec. 33. § 956. When the mother of a bastard is bound to appear at the court of sessions, or is committed as provided in section 944, the court must proceed in respect to the matter, in the same manner as upon an appeal. Taken from 1 R, S. 3d ed., 828, 829, sec. 34. § 957. If the court be satisfied that the mother has property in her own right, sufficient to enable her to support the bastard or contribute to its support, it must confirm the order mentioned in section 943, or may vary the sum ordered to be paid weekly or otherwise; or if not, it must discharge her from custody or from the obligation of her undertaking. Taken from 1 R. S., 3d ed., 829, sec. 35. § 958. If the court affirm or modify the order, as provided in the last section, it must require the defendant to enter into an undertaking, with sufficient sureties approved by the court, to the effect that she will pay, weekly or otherwise, according to the order, as made by the magistrates or modified by the court, the sum directed for the support of the bastard, or that the sureties will do so, not exceeding the sum mentioned in the undertaking, and which must be fixed by the court. If the undertaking be not given, she must be committed in the manner provided in section 954. Taken from 1 R. S., 3d ed., 829, sec. 36. § 959. The court must award costs to the party in whose favor an appeal is determined. When awarded |