TITLE 5. Breaches of $3. It shall be deemed a breach of such recognizance, for any person so bound on account of being a gamester, at any one time or sitting to play or bet for any money or other thing exceeding the sum recognizance or value of two dollars and fifty cents. In all other cases, the committing any of the acts which constituted the person so bound a disorderly person, shall be deemed a breach of the condition of such recognizance.35 therefor. $ 4. If any breach of such recognizance for good behavior hap- Prosecutions pen, such recognizance shall be prosecuted at the instance of any overseer of the poor, county superintendent of the poor, or justice of the peace, and the penalty when collected, shall be paid into the county treasury, for the benefit of the poor of such county. ces of reco $5. Upon a recovery being had, upon any such recognizance, the Consequencourt before which it shall be had, may, in its discretion, either require very. new sureties for good behavior to be given, or may commit the of fender to the common jail of the city or county, for any term not exceeding six calendar months. Two justices may dis tain cases $ 6. Any person committed to the common jail for not finding sureties for good behavior, may be discharged by any two justices of the charge in cer peace of the county, upon giving such sureties for good behavior as were originally required from such offender.36 to exhibit general sea S7. It shall be the duty of the keeper of every jail, to lay before Jail-keeper the court of general sessions of the peace, on the first day of its meet- lists, &c. to ing, next after the commitment of any disorderly person, a list of the sions, persons so committed and then in his custody, with the nature of their offences, the name of the justice committing them, and the time of imprisonment. $8. The court of general sessions of the peace shall inquire into Duty of court the circumstances of each case, and hear any proofs that may be offered, and shall examine the record of conviction, which shall be deemed presumptive evidence of the facts therein contained, until disproved. 37 discharge, or binding out. $ 9. The court may discharge such disorderly person from con- Court may finement, either absolutely or upon receiving sureties for his or her authorise good behavior, in its discretion; or the said court may, in its discretion, authorise the county superintendents of the poor, or the overseers of the poor of any town, or the commissioners of any alms-house, to bind out such disorderly persons as shall be minors, in some lawful calling, as servants, apprentices, mariners, or otherwise, until they shall be of full age respectively; or to contract for the service of such disorderly persons as shall be of full age, with any person, as laborers, servants, apprentices, mariners, or otherwise, for any term not ex- Effect of ceeding one year; which binding out and contracts shall be as valid indentures. (35) 1 R. L. 154, § 10. (86) 1R. L. 115, § 2. (37) Ib. § 4. TITLE 6. and effectual, as the indenture of any 'apprentice with his own consent, and the consent of his parents, and shall subject the persons so bound out or contracted, to the same control of their masters repectively, and of the court of general sessions of the peace, as if they were so bound as apprentices.37 May commit to jail. Disorderly persona may to work, &c. $10. The said court may, in its discretion, order any such disorderly person to be kept in the common jail for any term not exceeding six months at hard labor; or may direct that, during any part of the time of imprisonment, not exceeding thirty days, such offender shall be kept on bread and water only. $11. If there be no means provided in such jail for employing of be compelled fenders at hard labor, the court may direct the keeper thereof to furnish such employment as it shall specify, to such disorderly persons as shall be committed thereto, either by a justice or any court, and for that purpose to purchase any necessary raw materials and implements, not exceeding in amount such sum as the court shall prescribe, aud to compel such persons to perform such work, as shall be so allotted to them. Expense how defrayed. Disposition of proceeds; accounting for. $ 12. The expenses incurred in pursuance of such order, shall be paid to the keeper by the county treasurer, on the production of the order of the court, and an account of the materials purchased, verified by the oath of the keeper. $13. The keeper shall sell the produce of such labor, and shall account for the first cost of the materials purchased, and for one half of the surplus, to the board of supervisors, and pay the same into the county treasury; and the other half of such surplus shall be paid to the person earning the same, on his or her discharge from imprisonment. The keeper shall account to the court whenever required, for all materials purchased, and for the disposition of the proceeds of the earnings of such offenders. TITLE VI. OF THE SUPPORT OF BASTARDS. SEC. 1. Who are to be deemed bastards. 2. To be supported by father and mother, or by county or town. 3. Penalty for removing mother of bastard; how supported after removal. 4. Mother and child, paupers ; proceedings against county or town from which she was removed. 5. Superintendents and overseers to institute proceedings to compel support of bastards. 6. Justice to ascertain father of bastard, and issue a warrant. 7. Proceedings when father out of the county; indorsement of warrant, &c. S. Justice indorsing warrant may take one of two bonds, from father. 9. Proceedings upon bond being executed. 10. Upon failure to execute bond, father to be carried before justice issuing warrant. 11. Who shall associate another justice; their duties and powers. 12. When and for what time proceedings may be adjourned. 13. Powers and duties of justices, on hearing. (37) 1R. L. 115, § 4. 14. Person adjudged to be father, to pay costs, and enter into bond. 15. On executing bond, to be discharged; on failure, to be committed. 16. Amount of penalty in bonds for appearance of father. 17. Father to remain in custody during examination; when and how imprisoned. 21. In what cases, and how, mother compelled to support bastard. 23. When amount ordered to be paid may be reduced; when it may be increased. 24. Appeals from determinations of justices; notice thereof. 25. Justice not to sit in general sessions on appeals from his order. 26. Bonds for appearance, orders, &c. when to be transmitted to general sessions. 27. Subpoenas to be issued for parties in appeal; effect thereof. 28. Proceedings of court on appeal; testimony of mother. 29. Court may quash, affirm, or vary orders, and may adjourn hearing. 30. In what cases father to be discharged from custody or from bond. 34. Duty of general sessions when mother bound to appear, &c. 35. In what cases order against mother may be confirmed or varied, or discharged. 36. If order be affirmed, proceedings to compel obedience. 37 & 38. Costs on appeal, how awarded and collected. 39. Original order of filiation, when to be made by court, &c. 40. Proceedings by justices, on order of filiation being quashed for informality. 41. Court to inquire into circumstances of father or mother imprisoned. 42. In what cases to order discharge of father or mother. 43. Notice to be given to superintendents or overseers, before discharge. 44. Persons imprisoned under this Title, not entitled to discharge under insolvent act. 45. Bonds for appearance to be signed and transmitted to court. 46. How to be prosecuted on forfeiture; recovery how to be paid and applied. 47. By whom bonds for support of bastard, to be prosecuted, on breach. 48. Proceedings thereon; what to be deemed breaches thereof. 49. Proceedings for subsequent breaches; recovery how applied. 50. Costs on recovery by defendant, how collected. 51. Actions for expense of bastard, &c. may be brought, although there is a bond. 52. Proceedings against father or mother of bastard absconding, &c. 53. Poor mother and bastard how to be supported. 54. Mother and child not to be removed without her consent. 55. Overseers to notify superintendents of cases of bastardy, when county chargeable. 56. Duty of superintendents to provide for mother and child. 57. Until taken charge of by superintendents, to be supported by overseers. 58. Overseers of towns to support bastard and mother, whether chargeable or not. 59. Monies received by overseers from parents of bastard, how applied, &c. 60. Such monies received on account of bastard chargeable to county, to be paid over. 61. Disputes concerning settlement of bastard, how determined. 62, 63, & 64. Proceedings when bastard is chargeable to another town. 65. Mode of ascertaining sum to be allowed for support of bastard, &c. 66. When mother and child to be removed to county poor-house. 67. Penalty on superintendents and overseers for neglect to support bastards, &c. 68. Compromise with putative fathers may be made in New-York. 69. Penalty on constable, &c. for neglect to deliver over bonds. 70. Justice not liable for endorsing warrants under this Title.. 71. Provision in case of death, absence, &c. of justice issuing a warrant. TITLE 6. $ 1. Every child shall be deemed a bastard within the meaning of who are this Title, who shall be begotten and born, 1. Out of lawful matrimony: 2. While the husband of its mother continued absent out of this state, for one whole year previous to such birth, separate from its bustards. TITLE 6. mother, and leaving her during that time continuing and residing in this state: How sup ported. Removal of mother pro supported af 3. During the separation of its mother from her husband, pursuant to a decree of any court of competent authority.38 $ 2. The reputed father and the mother of every bastard shall be liable for its support; in their default or inability, it shall be supported by the county or town in which it shall be born, as herein after provided. $ 3. If the mother of any bastard, or of any child likely to be born hibited; how a bastard, shall be removed or clandestinely brought, or enticed to ter removal. remove, into any county, from any other county of this state, for the purpose of avoiding the charge of such bastard or child upon the county or any town, from which she shall have been so brought or enticed to remove, the same penalties shall be imposed on every person so bringing, removing or enticing such mother to remove, as are provided in the case of the clandestine or fraudulent removal of a pauper. Such mother, if unable to support herself, shall be supported during her confinement and recovery therefrom, and her child shall be supported, by the county superintendents of the poor, of the county where she shall be, if no provision be made by the father of such child. Proceedings to compel mother and child, by town or which they $ 4. Such mother and her child shall in all repects be deemed pausupport of pers; and the same proceedings may be had by the county superintendents to charge the town or county from which she was removed or county from enticed, for the expense of supporting her and her child, as are prowere remov- vided in the case of paupers fraudulently or clandestinely removed; and an action may be maintained in the same manner for the said expenses, and for all expenses properly incurred in securing the father of such child, or in seeking to compel its support by such father or its mother. ed. Duty of superintendents S5. If any woman shall be delivered of a bastard child, which and overseers shall be chargeable or likely to become chargeable to any county, city or town; or shall be pregnant of a child likely to be born a bastard, and to become chargeable to any county, city or town; the superintendents of the poor of the county, or any of them, or the overseers of the poor of the town or city, or any of them, where such woman shall be, shall apply to some justice of the peace of the same county to make inquiry into the facts and circumstances of the case. Proceedings of justice to ascertain father. $6. Such justice shall, by examination of such woman on oath, and upon such other testimony as may be offered, ascertain the father of such bastard, or of such child likely to be born a bastard; and shall thereupon issue his warrant, directed to any constable of the county, commanding him forthwith to apprehend such reputed father, and to bring him before such justice, for the purpose of having an adjudica (38) 1 R. L. 306, § 1 & 2. tion respecting the filiation of such bastard, or of such child likely TITLE 6. to be born a bastard.3o against father county. $7. If the person charged as such reputed father, shall be or re- Proceedings side in any other county of the state, than that in which such warrant out of the issued, the justice issuing the same shall in writing thereon, direct the sum in which any bond shall be taken of the person so charged; and it shall be the duty of the constable, or other proper officer having the same, to carry it to some justice of the city or county wherein such person resides, or can be found. The justice to whom the same Endorsement shall be presented, on proof being made to him of the hand writing of the justice who issued such warrant, shall endorse his name thereon, with an authority to arrest such person in the county where the justice so endorsing shall reside; which shall be a sufficient authority to the person bringing such warrant, and to all others to whom it was originally directed, to execute the same in the county where it was endorsed, 40 of warrant. taken by jus ing warrant. $8. Upon the person so charged being apprehended, he shall be Bond to be carried before the justice who endorsed the said warrant, or some tice endors other justice of the same county, who may take from such person a bond to the people of this state, with good and sufficient sureties in the sum so directed on the said warrant, with condition to indemnify the county, and town, or city, where the said bastard shall have been born, or where the woman likely to have such bastard shall be, and every other county, town or city, which may have incurred any expense, or may be put to any expense for the support of such child, or of its mother during her confinement and recovery therefrom, against all such expenses, and to pay the costs of apprehending such father, and of any order of filiation that may be made; or such justice may take from the person so charged and apprehended, a bond as aforesaid, in the sum directed on the said warrant, with good and sufficient sureties, conditioned that such person will appear at the next court of general sessions of the peace to be holden in the county where such warrant was originally issued, and not depart the said court without its leave.40 $9. Upon a bond being so entered into, with either of the condi- Proceedings tions aforesaid, the justice taking the same shall discharge the person being execut so apprehended from the arrest, and shall endorse upon the warrant a certificate to that effect. He shall deliver the warrant with the bond so taken by him, to the constable who brought such warrant, who shall deliver the same to the justice who granted the same, who shall proceed thereupon in the same manner as if such bond had been taken by him.40 upon bond ed. S 10. If the person so charged and apprehended shall not execute Ib. upon failthe bond so required, with one or other of the conditions aforesaid, to (39) 1 R. L. 306, § 1 & 2. (40) Ib. § 4. ure to execute bond. |