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 pro vided in section 868.

Id. § 36.

§ 873. Costs on appeal, when awarded and how paid. The court must award costs to the party in whose favor an appeal is determined. When awarded against county superintendents or overseers of the poor of a town, not liable for the support of its own poor, they must be paid by the county treasurer, on delivering to him a certified copy of the order and of the taxed costs, and must be charged by him to the town in the same county, liable to support the bastard, or if there be none, to the county. In the city of New York, when costs are awarded upon an appeal, to the person charged as the father or mother of the bastard, they must, upon the production, of similar vouchers, be paid by the comptroller of that city, and charged to the appropriation made to the commissioners of charities and corrections thereof.

Id. § 37.

874. Same. In other cases, the payment of the costs may be enforced by the courts as in a civil action. If the party against whom they are awarded, reside out of the jurisdiction of the court, an action may be brought on the order, by the party entitled to the costs, in which the production of a certified copy of the order and of the taxed costs, is conclusive evidence.

Id. § 38.

875. When order of filiation vacated, except on the merits, court may make a new order of filiation, or bind the defendant to appear. If the court vacate an order of filiation, for any other cause than upon the merits, it must proceed, and make an original order of filiation, in the manner prescribed in the second subdivision of section 850, or bind the person charged, in an undertaking, in a sum and with sureties, approved by the court, to appear at the next term of the county court.

Id, § 39.

§ 876. If order of filiation be vacated, except on the merits magistrates may proceed anew. If the order be vacated for any

other cause than on the merits, and the person charged be bound as provided in the last section, the same proceedings may be had by the magistrate, for the apprehension of the defendant, and for making an order of filiation, and for the commitment of the defendant for not giving an undertaking, as are authorized in the first instance. And the same proceedings must be subsequently had, in all respects.

Id. § 40.

§ 877. Court to inquire into circumstances of father or mother, committed for not giving undertaking to support the bastard. When a person is committed to prison, charged as the father of a bastard, or of a child likely to be born a bastard, and when the mother of a bastard is so committed, for not giving an undertaking to support the bastard, or to indemnify the public, the court must inquire, from time to time, into the circumstances and ability of the father or mother, to support the bastard and to procure security therefor.

Id. § 41.

878. Father or mother unable to support the bastard, may be discharged. If the court be at any time satisfied that the father or mother is wholly unable to support the bastard, or to contribute to its support, or to procure security therefor, it may, in its discretion, order the father or mother to be discharged from imprisonment. Id. § 42.

§ 879. Notice before discharge, and examination of the matter. Before granting the order, the court must be satisfied that reasonable notice has been given to the overseers of the poor, or to the county superintendents, or chief officers of the alms-house, at whose instance the party was committed, of the intention to apply for a discharge, and must hear the allegations and proofs of the superintendents, overseers or officers, and may examine the party applying on oath respecting the subject of the application.

Id. § 43.

$880. Party cannot be discharged, but by the court. A person committed, as provided in section 877, cannot be discharged from imprisonment, except by the county court of the county. id. § 44.

ENFORCEMENT OF THE UNDERTAKING FOR THE SUPPORT O BASTARD OR ITS MOTHER, OR FOR APPEARANCE ON APPEA

SECTION 881. Court to order prosecution of undertaking, when forfeite whom prosecuted.

882. In whose name undertaking to be prosecuted.

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

884. For a subsequent breach of the undertakihg, new action m

§ 881. Court to order prosecution of undertaking, when feited; by whom prosecuted. If an undertaking for the app ance at the county court of a person charged as the fathe mother of a bastard, be forfeited, the court may order it to be pr cuted; and the sum mentioned therein may be recovered, and w collected, must, except in the city of New York, be paid to county treasurer, and by him credited to the town in the sa county, liable to the support of the bastard, or if there be none, the county. In the city of New York, the court must order undertaking to be prosecuted by the commissioners of charities a corrections, and when collected, it must be paid into the city tre ury. In every other county, it must be prosecuted by the distr attorney.

§ 882. In whose name undertaking to be prosecuted. Whe an undertaking to obey an order, in relation to the support of bastard, or of a child likely to be born a bastard, or of its mother, forfeited, it may be prosecuted in the name of the county superin tendents of the county, or the overseers of the poor of the town which was liable for the support of the bastard, or which may hav 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.

of the poor, officer of an alms-house, 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.

Id. § 48.

may

§ 884. For a subsequent breach of the undertaking, new action be brought. 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 brough. The money collected upon the undertaking must be paid, and credited, in the manner provided in section 881.

Id. § 49.

§ 885. Costs, how recovered, when awarded against the plaintiff. 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.

Id. § 50.

§ 886. Action may be maintained on the order of the magistrates or court. An action may be maintained by the parties authorized by section 882, upon an order made by two magistrates, or county court, for the paym nt 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 term of the county court no action can be brought on the order until it is affirmed by the court.

Id. § 51.

TITLE VI.

OF PROCEEDINGS RESPECTING VAGRANTS.

SECTION 887. Who are vagrants.

888. Proceedings before magistrate.

889. Child, how kept.

890. Peace officers, when required by any person, to carry vagrant before

a magistrate for examination.

891. Vagrant, when to be convicted; form of certificate of conviction. 892. Certificate to constitute record of conviction, and to be filed; com

mitment of vagrant.

893. Children begging, how disposed of.

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

895. Private citizen may do so, without warrant.

896. Peace officer may require aid; duty of persons required to aid

him.

897. Neglect or refusal to aid peace officer, without lawful cause, a misdemeanor; punishment.

898. 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.

§ 887. Who are vagrants. The following persons are vagrants: 1. A person who, not having visible means to maintain himself, ives 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, out-houses, market places, sheds, stables, barns or uninhabited buildings, or in the open air, and not giving a good account of himself;

. 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 inclosure.

8. Any child between the age of five and fourteen, having suffieient bodily health and mental capacity to attend the public schools,