§ 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 must 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.

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. In case the defendant is an Indian, it must be prosecuted in the name of the people of the state of New York by the attorney-general, or at his request by the district attorney of the county, and the sum collected in the action, must be paid into the state treasury, for the benefit of the Indian poor.

Last sentence added Laws 1901, chap. 165. In effect Sept. 1, 1991.
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 the committing magistrate or by any two justices of the peace, or police justices or magistrates or the county judge of the county, upon giving security as originally required, pursuant to section nine hundred and one.

Amended 1897, chap. 122. In effect Sept. 1, 1897.

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, etc.—The keeper of every prison to which disorderly persons may be committed, must return to the county court 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.

In effect, as amended, Jan. 1, 1896; Laws 1895, chap. 880.

$909. Examination of the case by the court.-The county court 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 disapproved.

In effect, as amended, Jan. 1, 1896; Laws 1895, chap. 880.

8910. 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 county court of the county, as if he were bound as an apprentice.

In effect, as amended, Jan. 1, 1896, Laws 1895, chap. 880.
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, etc.
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.

914. Who may be compelled to support poor relatives. The father, mother and children, if of sufficient ability, of a poor person who is insane, blind, old, lame, impotent or decrepit, 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 poor of the town where he is, or in The City of New York, by the commissioners of public charities. If such

poor person be insane, he shall be maintained in the manner prescribed by the insanity law. The father, mother, husband, wife or children of a poor insane person legally committed to and confined in an institution supported in whole or in part by the state, shall be liable, if of sufficient ability, for the support and maintenance of such insane person from the time of his reception in such institution.

As amended by Laws 1898, chap. 399. In effect April 22, 1898.

See 64 Am. Dec. 279; Schouler's Dom. Rel., § 237; Edwards v. Davis, 16 Johns. 281; Stone v. Burgess, 2 Lans. 439; 47 N. Y. 521; Menden v. Cox, 7 Cow. 235; Matter of Hunt, 5 id. 284; Stevens v. Cheney, 36 Hun, 2; Tillotson v. Smith, 40 id. 322; Herendeen v. De Witt, 49 id. 53.

$915. Order to compel a person to support a poor relative, et cetera.— If a relative of a poor person fail to relieve and maintain him, as provided in the last section, the overseers of the poor of the town where he is, or in The City of New York, the commissioners of public charities may apply to any court of record or to a judge thereof where the relative dwells, for an order to compel such relief, upon at least ten days' written notice, served personally, or by leaving it at the last place of residence of the person to whom it is directed, in case of his absence, with a person of suitable age and discretion. If such poor person be insane and legally committed to and confined in an institution supported in whole or in part by the state, and his relatives refuse or neglect to pay for his support and maintenance therein, application may be inade by the treasurer of such institution in the manner provided in this section for an order directing the relatives liable therefor to make such payment.

As amended by Laws 1898, chap. 399. In effect April 22, 1898.
See Stevens v. Cheney, 36 Hun, 3; Anon., 3 N. Y. Leg. Obs. 354.

$916. Court to hear the case and make order of support.At the time appointed in the notice, the court or a judge thereof must proceed summarily to hear the allegations and proofs of the parties, and must order such of the relatives of the poor person mentioned in section nine hundred and fourteen, as were served with the notice and are of sufficient ability, to relieve and maintain him, specifying in the order the sum to be paid weekly for his support, and requiring it to be paid by the father, or if there be none, or if he be not of sufficient ability, then by the children, or if there be none, or if they be not of sufficient ability, then by the mother. If the application be made to secure an order compelling relatives to pay for the maintenance of insane poor persons Committed to and confined in an institution supported in whole or in part by the state such order shall specify the sum to be paid for his maintenance by his relatives liable therefor, from the time of