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TITLE 5.

Enumeration

of disorderly persons.

Proceedings against them.

Surety for

10r.

Record of conviction

TITLE V.

OF DISORDERLY PERSONS.

SEC. 1. Disorderly persons enumerated.

2. Proceedings against them; surety for good behavior when to be required.
3. What acts to be deemed breaches of recognizance for good behavior.

4. Recognizance, when and how prosecuted; recovery how applied.

5. Court before which recovery had may require new sureties or commit to jail.

6. When and by whom persons committed for want of sureties, may be discharged.

7. List of disorderly persons committed, to be laid before general sessions.

8. Court to inquire into each case and hear proofs.

9. Court may discharge, or authorise the binding out of disorderly persons.

10. Court may commit to prison; duration of imprisonment, &c.

11. When materials, &c. to be bought and disorderly persons compelled to work.

12. Expense of materials, &c. how defrayed.

13. Proceeds of labor how disposed of and accounted for.

§ 1. All persons who threaten to run away and leave their wives or children a burthen on the public; all persons pretending to tell fortunes, or where lost or stolen goods may be found; all common prostitutes, all keepers of bawdy houses or houses for the resort of prostitutes, drunkards, tiplers, gamesters, or other disorderly persons; all persons who have no visible profession or calling to maintain themselves by, but who do, for the most part, support themselves by gaming; all jugglers, common showmen and mountebanks, who exhibit or perform for profit any puppet show, wire or rope dance, or other idle shows, acts or feats; all persons who keep in any public highway or place, or in any place where spirituous liquors are sold, any keno table, wheel of fortune, thimbles, or other table, box, machine, or device for the purpose of gaming; all persons who go about with such table, wheel, or other machine or device, exhibiting tricks or gaming therewith; all persons who play in public streets or highways, with cards, dice, or any other instrument or device for gaming; shall be deemed disorderly persons.

34

$2. Upon complaint made on oath to any justice of the peace against any person as being disorderly, he shall issue his warrant for the apprehension of the offender, and cause him or her to be brought before such justice for examination. If it shall appear by the confesgood behav- sion of the offender, or by competent testimony, that he or she is a disorderly person, the justice may require of the offender sufficient sureties for his or her good behavior for the space of one year. In deand commit fault of such sureties being found, the justice shall make up, sign and file in the county clerk's office, a record of the conviction of such offender as a disorderly person, specifying generally the nature and circumstances of the offence, and shall, by warrant under his hand, commit such offender to the common jail of the city or county, there to remain until such sureties be found, or such offender be discharged according to law. 34

ment.

(34) 1 R. L. 114, § 1; Ib. 154, § 9; Laws of 1819, p. 240.

Breaches of

$3. It shall be deemed a breach of such recognizance, for any TITLE 5. 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.

S4. 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 offender 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 ses

$7. 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 of fered, 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. (36) 1 R. 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 com. mit to jail.

Disorderly

persons 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 exceed ing 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.

S 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; 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.

S 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 har

tards.

6. Justice to ascertain father of bastard, and issue a warrant.

7. Proceedings when father out of the county; indorsement of warrant, &c.

8. 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 warmat.

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) 1 R. 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.
18. Proceedings when bond given by father out of the county.

19. In what cases examination to be had in presence of father.
20. Mother of bastard how compelled to disclose name of father.

21. In what cases, and how, mother compelled to support bastard.
22. Proceedings in case of her refusal to obey order for support.

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. Subpœnas 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.
31. Proceedings by general sessions on affirming order of filiation.
32. Father neglecting to give bond as required, to be committed.
33. When bond for appearance of father at court, to be forfeited.

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.

S1. 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.

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TITLE 6. mother, and leaving her during that time continuing and residing in

How supported.

Removal of

thother pro

supported af

this state:

3. During the separation of its mother from her husband, pursuant to a decree of any court of competent authority.38

S2. 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

support of mother and child, by

town or

which they

$4. Such mother and her child shall in all repects be deemed paupers; 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 provided 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.

were remov

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. $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

Proceedings

of justice to

ascertain father.

(38) 1 R. L. 306, § 1 & 2.

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