the Code of Criminal Procedure. People v. Walsh, 33 Hun, 345; 67 How. Pr. 482.

A society organized under chapter 130, Laws of 1875, may prosecute cases arising under this section. The president thereof may prosecute the case, although no formal action has been taken by the society, as such an act is incidental to the execution of the trust reposed in him as the head of the corporate body.

The fact that the child has voluntarily left its home does not absolve the father from his obligation to support and maintain it, nor relieve him from liability under this section for a failure to do so. People v. Strickland, 13 Abb. N. C. 473.

Upon com

§ 900. On complaint, warrant to be issued. plaint on oath, to a justice of the peace or police justice of a city, village or town, or to the mayor, recorder, city judge or judge of the general sessions of the city, against a person, as being disorderly, the magistrate must issue a warrant, signed by him, with his name of office, requiring a peace officer to arrest the defend. ant, and bring him before the magistrate for examination.

See Potter v. McAlpine, 3 Dem. 124; Com'rs of Charities v. Hammill, 33 Hun, 348; Bulkley v. Boyce, 48 id. 261; People, ex rel. Scherer, v. Walsh, 2 N. Y. Cr. Rep. 327; People, ex rel. Lichtenstein, v. Hodgson, 35 N. Y. State Rep. 982.

§ 901. On confession or proof that he is a disorderly person, security to be required. If the magistrate be satisfied, from the confession of the defendant, or by competent testimony, that he is a disorderly person, he may require that the person charged give security, by a written undertaking, with one or more sureties approved by the magistrate, to the following effect:

1. If he be a person described in the first or second subdivision of section eight hundred and ninety-nine, that he will support his wife and children, and will indemnify the county, city, village or town against their becoming, within one year, chargeable upon the public;

2. In all other cases, that he will be of good behavior for the space of one year;

Or that the sureties will pay the sum mentioned in the under taking, and which must be fixed by the magistrate.

See Bulkley v. Boyce, 48 Hun, 261; Lutes v. Shelley, 40 id. 197; Com`rs v Hammill, 33 id. 348; Potter v. McAlpine, 3 Dem. 124; Matter of McMahon, 64 How. Pr. 285; 1 N. Y. Cr. Rep. 58; People v. Carroll, 3 Park. 73.

§ 902 If security given, defendant to be discharged; if not, to be convicted; form of certificate.-If the undertaking be given, the defendant must be discharged. But if not, the magistrate must convict him as a disorderly person, and inust make, and sign with his name of office, a certificate in substan. tially the following form:

"I certify that A. B., having been brought before me charged with being a disorderly person, 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 [pursuing the description contained in the subdivision of section eight hundred and ninety-nine, which is appropriate to the case], I have adjudged that he is a disorderly person.

"Dated at the town [or 'city'] of

the day of

"E. F.,

"Justice of the peace of the town of

,18

See Potter v. McAlpine, 3 Dem. 124; People, ex rel., v. Saddler, 97 N. Y. 147; 3 N. Y. Cr. Rep. 473.

§ 903. Certificate to constitute record of conviction, and to be filed; commitment thereon.-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 defendant to the county jail, or in the city of New York, to the city prison or penitentiary of that city, or in the county of Kings, to the penitentiary of that county, for not exceeding six months at hard labor, or until he gives the security prescribed in section nine hundred and one.

See Potter v. McAlpine, 3 Dem. 124; People, ex rel., v. Sadler, 97 N. Y. 147; 3 N. Y. Cr. Rep. 473; Matter of Nichols, 31 Daily Reg. 165; Matter of Trimble, 62 How. Pr. 61; Matter of Wacher, id. 352; People v. Coffee, id. 445.

§ 904. Undertaking, when forfeited. The undertaking mentioned in section nine hundred and one is forfeited by the commission of any of the acts which constitute the person by whom it was given a disorderly person, and in the case of a person described in the seventh and eighth subdivisions of section

eight hundred and ninety-nine, by his playing or betting, at one time or sitting, for money or property exceeding the value of two dollars and fifty cents.

See Potter v. McAlpine, 3 Dem. 124; Buckley v. Boyce, 48 Hun, 262.

905. How prosecuted, and proceeds how applied. When an undertaking is forfeited, it may be prosecuted in the name of the county superintendents of the poor, or the overseers of the poor of the town, or in the city of New York, in the name of the corporation of that city, and the sum collected in the action must be paid into the county or city treasury, as the case may be, for the benefit of the

poor.

See Lutes v. Shelley, 40 Hun, 199; People v. Pettit, 3 id. 416.

§ 906. When new security may be required, or defendant committed after recovery on undertaking. Upon a recovery on the undertaking, the court in which it is had, may require from the defendant new security in the manner provided in section nine hundred and one, or if he fail to give it, may commit him in the manner provided in section nine hundred and three.

See Lutes v. Shelley, 40 Hun, 199.

§ 907. Defendant committed for not giving security; how discharged. A person committed as a disorderly person, on failure to give security, may be discharged by any two justices. of the peace or police justices or the county judge of the county, upon giving security as originally required, pursuant to section nine hundred and one.

See People, ex rel., v. Sadler, 97 N. Y. 147; 3 N. Y. Cr. Rep. 473.

-

§ 908. Keeper of prison, to return list of disorderly persons committed to court of sessions. The keeper of every prison to which disorderly persons may be committed, must return to the court of sessions of the county, on the first day of each term, a list of the persons so committed and then in his custody, with the nature of the offense of each, the name of the magistrate by whom he was committed, and the term of his imprisonment.

§ 909. Examination of the case by the court. The court of sessions must thereupon inquire into the circumstances of each case, and hear any proof that may be offered, and must examine the record of conviction, which is evidence of the facts contained in it, until disproved.

§ 910. Court may discharge, or authorize the binding out of disorderly person. The court may discharge a person so committed from imprisonment, either absolutely or upon his giving security as provided in section nine hundred and one, or if he be a minor, may authorize the county superintendents of the poor, or the overseers of the poor of the town, or in the city of New York, commissioners of charities and corrections, to bind him out in some lawful calling as a servant, apprentice, mariner or otherwise, until he be of age; or if he be of age, to contract for his service with any person, as a laborer, servant, apprentice, mariner or otherwise, for not exceeding one year. The binding out or contract, pursuant to this section, has the same effect as the indenture of an apprentice, with his own consent and that of his parents, and subjects the person bound out or contracted, to the same control of his master and of the court of sessions of the county, as if he were bound as an apprentice.

See People, ex rel., v. Sadler, 97 N. Y. 147; 3 N. Y. Cr. Rep. 473.

§ 911. Court may also commit him to prison; nature and duration of imprisonment. -The court may also, in its discretion, order a person convicted as a disorderly person, to be kept in the county jail, or in the city of New York, in the city prison or penitentiary of that city, for a term not exceeding six months at hard labor.

§ 912. Order to procure materials and implements, and to compel him to work. If there be no means provided in the prison for employing the offender at hard labor, the court may direct the keeper to furnish him such employment as it may specify, and for that purpose to purchase materials and implements, not exceeding a prescribed value, and to compel the offender to perform the work allotted to him. The expenses incurred in carrying the order into effect must be paid to the keeper by the county treasurer, upon the delivery to him of the order of the court, and an account under the oath of the keeper, of the materials and implements furnished.

913. Expense of materials or implements, how paid for, and proceeds of labor, how disposed of. - The keeper must sell the produce of the labor of the offender, and must account for the cost of the materials or implements purchased, and for one-half of the surplus, to the board of supervisors, and pay it into the county treasury, and pay the other half of the surplus to the person by whom it was earned, on his discharge from imprisonment. He must also account to the court, when required, for the materials or implements purchased, and for the disposition of the proceeds of the labor of the offender.

TITLE VIII.

OF PROCEEDINGS RESPECTING THE SUPPORT OF POOR

PERSONS.

SECTION 914. Who may be compelled to support poor relatives.

915. Order to compel a person to support a poor relative, by whom and how applied for to court of sessions.

916. Court to hear the case and make order of support.

917. Support, when to be apportioned among different relatives.
918. Order, to prescribe time during which support is to continue, or
may be indefinite; when and how order may be varied.

919. Costs, by whom to be paid and how enforced.

920. Action on the order, on failure to comply therewith.

921. Parents leaving their children chargeable to the public, how proceeded against.

922. Seizure of their property; transfer thereof, when void.

923. Warrant and seizure, when confirmed or discharged; direction of the court thereon.

924. Warrant, in what cases to be discharged.

925. Sale of the property seized and application of its proceeds.
926. Powers of superintendents of poor.

8914. Who may be compelled to support poor relatives. The father, mother and children, of sufficient ability, of a poor person who is insane, blind, old, lame, impotent or decrepid, so as to be unable by work to maintain himself, must at their own charge, relieve and maintain him in a manner to be approved by the overseers of the town where he is, or in the city of New York, by the commissioners of charities and corrections.