CHAPTER III.

ENFORCEMENT OF THE UNDERTAKING FOR THE SUPPORT OF THE BASTARD OR ITS MOTHER, OR FOR APPEARANCE ON APPEAL.

SECTION 967. Court to order prosecution of undertaking, when forfeited. By whom prosecuted.

968. In whose name, undertaking to be prosecuted.

969. Evidence in the action, and measure of damages.

970. For a subsequent breach of the undertaking, new action may be brought.

971. Costs, how recovered, when awarded against the plaintiff.

972. Action may be maintained on the order of the magistrates or court.

§ 967. If an undertaking for the appearance at the court of sessions, of a person charged as the father or mother of a bastard, be forfeited, the court may order it to be prosecuted; and the sum mentioned therein may be recovered, and when collected, must, except in the city of New-York, be paid to the county treasurer, and by him credited to the town in the same county, liable to the support of the bastard, or if there be none, to the county. In the city of New-York, the court must order the undertaking to be prosecuted by the governors of the almshouse, and when collected, it must be paid into the city treasury. In every other county, it must be prosecuted by the district attorney.

Taken from 1 R. S, 3d ed., 830, sec. 46; except the provision as to the city of New-York, which is new.

§ 968. When an undertaking to obey an order, in relation to the support of a bastard, or of a child likely to be born a bastard, or of its mother, is forfeited, it may be prosecuted in the name of the county superintendents of the county, or the overseers of the poor of the

town, which was liable for the support of the bastard, or which may have incurred any expense in the support of the bastard, or of its mother, during her confinement and recovery; or in the city of New-York, in the name of the corporation of that city.

Taken from 1 R. S., 3d ed. 830, sec. 47.

969. In the action mentioned in the last section, it is not necessary to prove the actual payment of money by a county superintendent, overseer of the poor, officer of an almshouse, or other person; but the neglect to pay a sum ordered to be paid by competent authority, for the support of the bastard, or of its mother, is a breach of the undertaking, and the measure of the damages is the sum ordered to be paid, and which was withheld at the time of the commencement of the action, with interest thereon.

Taken from 1 R. S., 31 ed. 831, sec. 48.

§ 970. For a breach of the undertaking, after the recovery of damages or the commencement of an action, another action may, in the same manner, be brought. The money collected upon the undertaking, must be paid, and credited, in the manner provided in section

967.

Taken from 1 R. S., 3d ed. 831, sec. 49.

§ 971. If, in the action, costs be awarded against the plaintiffs, they may be recovered, as follows:

1. If against the corporation of the city of New-York, in the same manner as in any other action:

2. If against county superintendents or overseers of the poor, they must, upon the delivery of a transcript of the judgment, be paid by the county treasurer, and by him charged to the town in the same county, liable for the support of the bastard, or if there be none, to the county.

This section is substituted for 1 R. S., 3d ed. 831, sec. 50; but does not depart from the spirit of the provision there contained.

§ 972. An action may be maintained by the parties authorized by section 968, upon an order made by two magistrates, or by a court of sessions, for the payment of a sum weekly or otherwise, for the support of the bastard or its mother, notwithstanding an undertaking may have been given to comply with the order; and in case of the death of the person against whom the order was made, an action may be maintained thereon against his executors or administrators. But when an undertaking is given to appear at the next court of sessions, no action can be brought on the order until it is affirmed by the court.

Taken from 1 R. S., 3d. ed. 831, sec. 51.

SECTION 973.

974.

TITLE VII.

OF PROCEEDINGS RESPECTING VAGRANTS.

Who are vagrants.

Peace officers, when required by any person, to carry vagrant before a magistrate for examination.

975. Vagrant, when to be convicted. Form of certificate of conviction. 976. Certificate to constitute record of conviction, and to be filed. Commitment of vagrant.

977. Children begging, how disposed of.

978.

Peace officers to arrest and pursue a person disguised, and take him before a magistrate.

979. Private citizen may do so, without warrant.

980. Peace officer may require aid. Duty of persons required to aid him. 981. Neglect or refusal to aid peace officer, without lawful cause, a misdemeanor. Punishment.

982. Magistrate may depute an elector of the county to make arrest of person disguised. If his name be not known, fictitious name may be used.

§ 973. The following persons are vagrants:

1. A person who, not having visible means to maintain himself, lives without employment:

2. A person who, being an habitual drunkard, abandons, neglects, or refuses to aid in the support of his family:

3. A person who has contracted an infectious or other disease, in the practice of drunkenness or debauchery, requiring charitable aid to restore him to health:

4. A common prostitute, who has no lawful employment, whereby to maintain herself:

5. A person wandering abroad and begging, or who goes about from door to door, or places himself in the streets, highways, passages, or other public places, to beg or receive alms:

6. A person wandering abroad and lodging in taverns, groceries, ale-houses, watch or station-houses, outhouses, market-places, sheds, stables, barns or uninhabited buildings, or in the open air, and not giving a good account of himself:

7. A person, who, having his face painted, discolored, covered or concealed, or being otherwise disguised, in a manner calculated to prevent his being identified, appears in a road or public highway, or in a field, lot, wood or enclosure.

This section is taken substantially, with the exception of the seventh subdivision, from 1 R. S. 3d ed., 802, sec. 1, and from the act specially applicable to the city of NewYork, Laws of 1833, p 9, ch. 11, sec. 1. Upon a comparison of the latter act with the Revised Statutes, it will be found to be more full, but not materially variant in principle. They have been blended, in the section under consideration, because there is no good reason why a definition applicable to one part of the state, should not equally extend to all.

The seventh subdivision is taken from the act to prevent persons from appearing disguised and armed, passed in 1845, and which is transcribed in 1 R. S., 3d ed., 803, sec. 5.

§ 974. A peace officer must, when required by any person, carry a vagrant before a justice of the peace or police justice of the same city, village or town, or before the mayor, recorder, or city judge of the same city, for the purpose of examination.

Taken from 1 R. S. 3d ed., 802, sec. 2; and Laws of 1833, p. 9, ch. 11, sec. 2.

§ 975. If the magistrate be satisfied, from the confession of the person so brought before him, or by compe