§ 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.

Taxable costs to be allowed. burn v. Overseers, 9 Johns. 119.

Ontario Co. v. Moore, 12 Wend. 273; Wash

886. Action may be maintained on the order of the magistrates or court. An action may be maintained by the parties authorized by section eight hundred and eighty-two, 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.

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 vagran

before a magistrate for examination.

891. Vagrant, when to be convicted; form of certificate of convic

tion.

892. Certificate to constitute record of conviction, and to be filed

commitment of vagrant.

893. Children begging, how disposed of.

894. Peace officers to arrest and pursue a person disguised, and tak

him before a magistrate.

SECTION 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.

808. 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 Fagrants:

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, out-houses, 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 inclosure;

3. Any child between the age of five and fourteen, having sufficient bodily health and mental capacity to attend the public school, found wandering in the streets or lanes of any city or incorporated village, a truant, without any lawful occupation.

See Matter of McMahon, 64 How. Pr. 285; 1 N. Y. Cr. Rep. 58; Matter of Moses, 13 Abb. N. C. 190; 1 N. Y. Cr. Rep. 508; People, ex rel., v. Catholic Protectory, 101 N. Y. 202; 4 N. Y. Cr. Rep. 85; 3 How. Pr. (N. S.) 350; State v. Glenn, 54 Md. 572; Portland v. Bangor, 65 Me. 120; 20 Am. Rep. 681; Matter of Forbes, 11 Abb. Pr. 52; 19 How. Pr. 457.

§ 888. Proceedings before magistrate. When complaint is made to any magistrate by any citizen or peace officer against any vagrant under subdivision eight of the last section, such magistrate must cause a peace officer to bring such child before him for examination, and shall also cause the parent, guardian or master of such child, if the child has any, to be summoned to attend such examination.

If, thereon, the complaint shall be satisfactorily established, the magistrate must require the parent, guardian or master to enter into an engagement in writing to the corporate authorities of the city or village, that he will restrain such child from so wandering about, will keep him in his own premises or in some lawful occupation, and will cause him to be sent to some school, at least four months in each year, until he become fourteen years old.

The magistrate may, in his discretion, require security for the faithful performance of such engagement.

If the child has no parent, guardian or master, or none can b found, or if the parent, guardian or master refuse or neglect within a reasonable time, to enter into such engagement, and t give such security if required, the magistrate shall make the lik disposition of such child as is authorized to be made by sectio two hundred and ninety-one of the Penal Code, of children con ing within the descriptions therein mentioned. (Amended 1888 § 889. Repealed, 1888, chap. 220, § 5.

§ 890. Peace officers, when required by any person, carry vagrant before a magistrate for examination. A peace officer must, when required by any person, take a grant before a justice of the peace or police justice of the same ci village or town, or before the mayor, recorder, or city judge, judge of the general sessions of the same city, for the purpose examination.

See People, ex rel. Kingsley, v. Pratt, 22 Hun, 300.

§ 891. Vagrant, when to be convicted; form of cert cate of conviction.—If the magistrate be satisfied, from confession of the person so brought before him, or by compet testimony, that he is a vagrant, he must convict him, and n make and sign, with his name of office, a certificate substanti in the following form:

“I certify that A. B., having been brought before me, charged with being a vagrant, I have duly examined the charge, and that upon his own confession in my presence [or 'upon the testimony of C. D.,' etc., naming the witnesses], by which it appears that he is a person (pursuing the description contained in the subdivi sion of section eight hundred and eighty-seven, which is appropriate to the case], I have adjudged that he is a vagrant. "Dated at the town [or city] of

the

"E. F.,

day of

The "confession" means a plea of guilty or some acknowledgment tantamount thereto not an admission deduced by the magistrate argumentatively. Bennac v. People, 4 Barb. 164.

§ 892. Certificate to constitute record of conviction, and to be filed; commitment of vagrants.-The magistrate must immediately cause the certificate which constitutes the record of conviction to be filed in the office of the clerk of the county, and must, by a warrant signed by him with his name of office, commit the vagrant, if not a notorious offender, and a proper object for such relief, to the county poor-house, if there be one, or to the alms-house or poor-house of the city, village or town, for not exceeding six months at hard labor, or if the vagrant be an improper person to be so committed, he must be committed for a like term to the county jail, or in the city of New York, to the city prison or penitentiary of said city, or in the county of Kings, to the penitentiary of that county. In those counties of the state where the distinction between county poor and town poor is maintained, the expense of the conviction and maintenance during the confinement of any vagrant committed to any one of the places of confinement above specified, who shall at the time of such commitment have obtained a legal settlement in one of the towns of the county in which said persons shall be convicted, shall be a charge upon the town where they may reside at the time of such commitment.

See Matter of Dorfmann, 21 Abb. N. C. 297.

The filing of the record of conviction of a prisoner on a charge of being a vagrant by a police justice in the office of the general sessions of the peace is regular. Matter of Waters, 66 How. Pr. 173.

The confinement of disorderly persons and vagrants in the Albany county penitentiary is proper and lawful, notwithstanding sections 892 and 903. Laws of 1847, chapter 183, is not repealed by the provisions of these sections. People v. Coffee, 62 How. 445. See, also, People v. Baker, 10 Abb. N. C. 210.

893. Repealed, 1888, chap 220 § 5.

See People, ex rel., v. Catholic Protectory, 101 N. Y. 202; 4 N. Y. Cr. Rep. 85; 3 How. Pr. (N. S.) 350.

894. Peace officers to arrest and pursue a person disguised, and take him before a magistrate. It is the duty of every peace officer of the county, city, village, or town, where a person described in the seventh subdivision of section eight hundred and eighty-seven is found, to arrest and take him before a magistrate mentioned in section eight hundred and eighty-eight, to be proceeded against as a vagrant.

§ 895. Private citizens may do so without warrant.A private citizen of the county may also, without warrant, exercise the powers conferred upon a peace officer by the last section.

896. Peace officers may require aid; duty of persons required to aid him. In the execution of the duties imposed by section eight hundred and ninety-four the peace officer may command the aid of as many male inhabitants of his county, city, village or town as he may think proper; and a citizen so com manded may provide himself, or be provided with, such means and weapons as the officer giving the command may designate.

§ 897. Neglect or refusal to aid peace officer, without cause, a misdemeanor; punishment. —A person com manded to aid the officer, as prescribed in the last section, and who without lawful cause refuses or neglects to do so, is guilty of a misdemeanor, and is punishable by a fine not exceeding tw hundred and fifty dollars, or by imprisonment not exceeding on year, or both.

§ 898. Magistrate may depute an elector of the count to make arrest of person disguised; if his name be no known, fictitious name may be used. —A magistrate t whom complaint is made against a person charged as a vagran as described in the seventh subdivision of section eight hundre