§ 1007. The court, upon inquiring into the circumstanstances of the case, may confirm or discharge the warrant and seizure; and if it be confirined, must, from time to time, direct what part of the personal property must be sold, and how much of the proceeds of the sale, and of the rents and profits of the real property, if any, are to be applied towards the maintenance of the children or wife of the person absconding.

Substantially the same as 1 R. S. 3d ed. 783, 784, sec. 10.

1008. If the party against whom the warrant issued, return and support the wife or children so abandoned, or give security satisfactory to any two justices of the peace, or police justices in the city, village or town, to the overseers of the poor of the town, or in the city of New-York, to the governors of the alms house, that the wife or children so abandoned shall not be chargeto the town or county, then the warrant must be discharged by an order of the magistrates, and the property taken by virtue thereof restored to the party.

Substantially the same as 1 R. S. 3d ed. 784, sec. 11.

1009. The officers must sell at public auction the property ordered to be sold, and receive the rents and profits of the real property of the person absconding, and in those cities, villages or towns which are required to support their own poor, the officers charged therewith must apply the same to the support of the wife or children so abandoned; and for that purpose must

draw on the county treasurer, or in the city of NewYork, upon the comptroller, for the proceeds, as directed by special statutes. They must also account to the court of sessions of the county, for all money so received by them, and for the application thereof, from time to time, and may be compelled by that court to render that account at any time.

Substantially the same as 1 R. S., 3d ed. 784, sec. 12.

§ 1010. In those counties where all the poor are a charge upon the county, the superintendents of the poor are vested with the same powers, as are given by this title to the overseers of the poor of a town, in respect to compelling relatives to maintain poor persons, and in respect to the seizure of the property of a parent absconding and abandoning his family: and are entitled to the same remedies in their names, and must perform the duties required by this title, of overseers, and are subject to the same obligations and control.

Substantially the same as 1 R. S., 3d ed. 7S4, sec. 13.

TITLE X.

OF PROCEEDINGS RESPECTING MASTERS, APPRENTICES AND

SERVANTS.

SECTION 1011. Complaint against apprentice or servant, for absenting himself, or refusing to serve, or for a misdemeanor or ill behavior.

1012. Warrant, when complaint is made in the absence of the defendant. 1013. Warrant, by whom and how executed.

1014. Hearing the complaint, and committing or discharging the defend

ant.

1015. Complaint against the master, for cruelty, misusage or violation of

duty.

1016. Hearing the complaint, and dismissing it or discharging the apprentice or servant.

1017. Preceding sections, not applicable to apprentice with whom mo-
ney is received or agreed for.

1018. Complaint against master in such case, and direction thereon.
1019. If complaint not compromised, the master to be held to appear at
sessions.

1020. Proceedings thereon, and order of the court.

1021. Complaint by master against clerk or apprentice, where money is paid or agreed for. Clerk or apprentice, when held to appear at sessions.

1022. Proceedings thereon, and order of the court.

1023, 1024. Indenture or contract of service, how assigned on death of

master.

§ 1011. If an apprentice or servant, lawfully bound to service as prescribed by special statutes, wilfully absent himself therefrom, without the leave of his master, or refuse to serve according to his duty, or be guilty of any misdemeanor or ill behavior, his master may take him before a justice of the peace or police justice in the county, or before the mayor, recorder or city judge of the city where he resides, and make complaint of the facts under oath, or may, without taking him before the magistrate, make the like complaint.

§ 1012. If the complaint be made in the absence of the defendant, and the facts be proved to the satisfaction of the magistrate, he must issue a warrant, signed by him, with his name of office, to a peace officer of the county or city, commanding him to arrest the defendant and bring him before the magistrate forthwith, or at a specified time and place, to answer the complaint.

§ 1013. The peace officer must accordingly execute the warrant, by arresting the defendant and taking him before the magistrate.

The last three sections are more full and explicit than the corresponding provisions of the Revised Statutes, though similar in their general spirit. Those provisions are as follows:

"If any such person shall refuse to serve according to the provisions of this title, or the terms of his contract or indentures, his master may apply to any justice of the peace of the county, or to the mayor, recorder or any alderman of the city, where he shall reside, who shall be authorised by warrant or otherwise, to send for the person so refusing, and if such refusal be persisted in, to commit such person, by warrant, to the bridewell, house of correction, or common jail of the city or county, there to remain until such person will consent to serve according to law." 2 R. S. 3d ed. 219, sec. 29.

"On complaint being male on oath, by any master, touching any misdemeanor or ill behavior of any such person, to any two justices of the peace of the county, or to the mayor, recorder and alderman of any city, or any two of them, it shall be their duty to cause the person complained of, to be brought before them, and to hear, examine and determine the complaint." 2 R. S. 3d ed. 219, sec. 30.

§ 1014. The magistrate must immediately, or at a time to which he may, for good cause, adjourn the

matter, proceed to hear the allegations and proofs of the parties, and if the complaint appear to be well founded, must commit the defendant to the county jail, or in the city of New-York, to the city prison of that city, for not exceeding one month, at hard labor, where he must be confined in a room with no other person; or may, by a certificate, signed by him with his name of office, discharge the defendant from the service of his master, and the master from all obligations to the defendant.

Substantially the same as 2 R. S. 3d ed. 219, sec. 31.

§ 1015. If a master be guilty of cruelty, misusage, refusal of necessary provisions or clothing, or any other violation of duty towards his apprentice or servant, as prescribed by special statutes, or by the indenture or contract of service, the apprentice or servant may make complaint on oath, to any two of the magistrates mentioned in section 1011, who must summon the defendant before them, at a specified time and place.

§ 1016. The magistrates must immediately, or at a time to which they may, for good cause, adjourn the matter, proceed to hear the allegations and proofs of the parties, and if the complaint be well founded, must, by a certificate under their hands, with their name of office, discharge the apprentice or servant from the service of his master; or if not, they must, by a similar certificate, dismiss the complaint.