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that purpose, the same proceedings shall be had as for the support of a pauper chargeable to the county, who can not be conveniently removed to the county poor-house. (¿)

Mother and bastard to be supported by overseers, whether chargeable to town or not.] Where a woman shall be pregnant of a child likely to be born a bastard, or to become chargeable to a town, or where a child shall be born chargeable, or likely to become chargeable to a town, the overseers of the poor of the town where such bastard shall be born, or be likely to be born, whether the mother have a legal settlement therein or not, shall provide for the support of such child and the sustenance of its mother during her confinement and recovery therefrom, in the same manner as they are authorized by law to provide for and support the poor of their town. (k)

Money received from parents of bastard.] Where any money shall be paid to any overseers, pursuant to the order of any two justices, by any putative father, or by the mothers of any bastards, the said overseers may expend the same directly in the support of such child, and the sustenance of its mother as aforesaid, without paying the same into the county treasury. They shall annually account, on oath, to the board of town auditors, at the same time that other town officers are required to account, for the expenditures of all moneys so received by them, and shall pay over the balance in their hands, to their successors in office, at the same time, and under the like penalties, as are provided by law in respect to the poor moneys in their hands. (7) How to be disposed of.] All moneys which shall be ordered to be paid by the putative father, or by the mother of a bastard chargeable to any county, shall be collected for the benefit of such county; and all overseers of the poor, superintendents, sheriffs and other officers, shall, within fifteen days after the receipt of any such moneys, pay the same into the county treasury. Upon neglect of any of the said officers to make such payment, they shall be liable to an action by and in the name of the county treasurer, for all moneys so received and withheld, with interest from the time of receipt, at the rate of ten dollars upon the hundred dollars; and shall forfeit a sum equal to that so withheld, to be sued for and recovered by and in the name of the county treasurer. (m)

Settlement of bastards, how determined.] Whenever any dispute shall arise concerning the legal settlement of a bastard, or of a child

(i) Id., § 57.

(k) Id., § 58.

(7) Id., 651, § 59. 3 R. S, 7th ed., 1952.
(m) Id., § 60.

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likely to be born a bastard, in any town, the same shall be determined by the board of county superintendents of the poor, upon a hearing of the parties interested, in the same manner as they are authorized to determine the settlement of any poor person. (n)

Proceedings for that purpose.] Where a bastard shall be born, or likely to be born in one town, when the legal settlement of the mother is in another town of the same county, which is required by law to support its own poor, the overseers of the town where such bastard shall be born, or be likely to be born, shall give the like notice to the overseers of the town where the mother's settlement may be, as is required in the case of a person becoming a pauper, under the like circumstances; and the same proceedings shall be had in all respects, to determine the liability of such town, as in the case of paupers. (0)

The overseers of the town to which the mother of such bastard belongs, may, before the confinement of such mother, or at any time after the expiration of two months after her delivery, if her situation will permit it, take and support such mother and her child. (p)

If they omit to do so, and fail to obtain the determination of the county superintendents in their favor, on the question of settlement, the town to which the mother belongs shall be liable to pay all the expenses of the support of such bastard, and of its mother during her confinement and recovery therefrom; which expenses, after being allowed by the county superintendents, shall be assessed, together with the lawful interest on the moneys expended, on the ⚫ town to which such mother belongs, and shall be collected in the same manner as provided for poor persons supported under the same circumstances; and the moneys so collected shall be paid to the county treasurer, for the benefit, and to be credited to, the town which incurred the said expenses. (q)

Order of justice for support of bastard and mother, and fixing the amount.] In those towns where any town is required to support a bastard and its mother, whether the mother have a settlement in such town or not, and no moneys shall be received from the putative father, or from the mother, to defray the expense of such support, the overseers of the poor shall apply to a justice of the peace, and obtain an order for the support of such bastard, and the sustenance of its

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mother, during her confinement and recovery therefrom, and the sum to be allowed therefor, in the same manner as is required in the case of paupers; and the moneys paid or contracted to be paid, by the overseer, pursuant to such order, shall be paid by the county treasurer, in the same manner as for paupers, and be charged to the town to whose officers such payment shall be made. (r)

When bastard and mother to be removed to poor-house.] If there be a county poor-house, or other place provided for the reception of the poor, in any county where the towns are required to support their own poor, the overseers of the poor of a town where a bastard shall be born, or shall be likely to be born, may, with the approbation of the county superintendents, or any two of them, and when the situa tion of the mother will allow it, remove the mother of such bastard, with her child, to such poor-house or other place, in the same manner as paupers may be removed; the expense of which shall be defrayed in like manner, and such mother and her child shall be considered as poor of the town so liable for their support, and the expense shall, in like manner be estimated and paid. (s)

Penalty on superintendents and overseers, for neglect.] Any superintendent of county poor, and any overseer of the poor of any town, whose duty it shall be to provide for the support of any bastard and the sustenance of its mother, who shall neglect to perform such duty, shall be deemed guilty of a misdemeanor, and shall, on conviction, be liable to a fine not exceeding $250, or to imprisonment not exceeding one year, or to both. (t)

Compromise with putative fathers, in New York.] The commissioners of the alms-house and bridewell of the city of New York, or any two of them may make such compromise and arrangements with the putative fathers of bastard children, in the said city, relative to the support of such children, as they shall deem equitable and just, and thereupon may discharge such putative fathers from all liability for the support of such bastards. (u) (37)

(r) Id., 655, § 65. 3 R. S., 7th ed., 1953. (s) Id., § 66.

(37) COMPROMISE WITH PUTATIVE FATHERS.

(t) Id., § 67.
(u) 1R. S., 655, § 68.

By superintendents of the poor.]-The act of 1832 (ch. 26) provides (§ 2) that superintendents of the poor in any county in this state shall have power to make such compromise and arrangements with the putative fathers of any bastard children, within their jurisdiction, relative to the support of such children, as they shall deem equitable and just; and thereupon to dischargo such putative father from all liability for the support of such bastards. (3 R. S., 7th ed., 1955.)

Penalty upon officers, for neglect or refusal to deliver over bonds.] Every constable or other officer, to whom any bond of the putative father of a bastard, or of a child likely to be born a bastard, taken out of the county where the warrant was issued, shall be delivered as hereinbefore directed, who shall neglect or refuse to deliver the same to the justice who issued such warrant, within fifteen days after the receipt of the same, shall forfeit the sum of $25, to be sued for and recovered by and in the name of any overseers of the poor, or county superintendents, at whose instance the said warrant was issued. (v)

Liability of justice of the peace endorsing warrant.] No justice of the peace shall be liable to any information, indictment, action of trespass, or other action, by reason of his having endorsed any warrant issued for the apprehension of the putative father of a bastard, or of a child likely to be born a bastard, although it should afterwards appear that such warrant was illegally or improperly issued. (w)

Proceedings in case of death, &c., of justice issuing warrant.] If any justice who shall have issued any warrant for the apprehension of the father of a bastard, shall have died, vacated his office, or be absent on the return of the warrant, the constable who may apprehend · such father shall carry him before some other justice of the same town, who shall have the same authority to proceed therein as the justice who issued such warrant. (x)

Sections 1 and 2 of the above title of the Revised Statutes are abrogated by the Code of Criminal Procedure, §§ 838, 839..

And sections 5 to 51 are abrogated by the same Code, §§ 840 to 880.

Proceedings when a county charge.] In tnose counties where the distinction between town poor and county poor has been abolished.

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When mothers to receive money -Whenever a compromise shall be made with the putative father of a bastard child, pursuant to sections 68 and 69 of title 6 of chapter 20 of the first part of the Revised Statutes, the mother of such child, on giving security for the support of the child, and to indemnify the city and county, or the town and county, from the maintenance of the child, to the satisfaction of the officers making the compromise, shall be entitled to receive the moneys paid or secured by such putative father as the consideration of such compromise. (Laws of 1838, ch. 202, § 1; 3 R. S., 7th ed., 1955.)

Or a weekly allowance.]-When the mother of such child shall be unable to give such security, but shall be able and willing to nurse and take care of the child, she shall be paid the same weekly allowance for nursing and taking care of the child, out of the moneys paid by the father on such compromise, as he shall be liable to pay by the order of filiation; such weekly sum to be paid the mother may be prescribed, regulated or reduced, as in the case of an order of filiation. (Id., §2.)

and in those counties which are by law liable to the support of the poor thereof, or of the poor of the towns of such county, the same proceedings may be had, and with the like effect, against the father and mother of any bastard child already born in any such county, or hereafter born therein, or of any child likely to be born a bastard, as if such bastard was chargeable or likely to become chargeable to any town; and such proceedings may be instituted by the overseers of the poor of the town where such bastard shall be born, or by the county superintendents of the poor of such county. (y)

Fees of justices.] For services when associated with another justice of the peace in cases of bastardy, a justice of the peace is allowed and entitled to receive, for each day actually and necessarily spent, two dollars. (2) (38) (39) (40) (41)

(y) Laws of 1828, ch. 6, § 1. 3 R. S., 7th ed., 1954.

(2) Laws of 1866, ch. 692, §§ 3, 4. 3 R. S., 7th ed., 2584-5.

(38) BASTARDY IN CITY AND COUNTY OF NEW YORK.

Prosecution of bonds or undertakings.]-Where the court orders the prosecution of an undertaking for the appearance at the court of sessions of a person charged as the father or mother of a bastard, the prosecution must be by the commissioners of charities and correction, and the amount collected must be paid into the city treasury. (Laws of 1882, ch. 410, § 422.)

In actions in which the people are a party, when brought by the overseers of the poor, or the commissioners of public charities, etc., upon bastardy bonds, the pleadings and proceedings shall be the same as in actions brought on bonds with conditions other than for the payment of money, etc., and for any breaches of the condition of such bastardy bond, happening after the recovery of any damages, or the commencement of any suit, the district court, wherein the suit was originally brought, has power to issue a new summons, etc. (Id., § 1348.)

Undertakings to obey an order in relation to the support of a bastard, or of a child likely to be born a bastard, or of its mother, may be prosecuted in the name of the mayor, aldermen and commonalty, and costs may be recovered against the city, in the same manner as in any other action. (Id., § 1502.)

(39) PROCEEDINGS BEFORE MAGISTRATES RESPECTING BASTARDS. The Code of Criminal Procedure contains these provisions:

When bastard, chargeable to the public, is born or is likely to be born, application to be made to a justice of the peace or police justice.]—If a woman be delivered of a bastard, or be pregnant of a child likely to be born such, and which is chargeable to a county, city or town, a superintendent of the poor of the county, or an overseer of the poor or other officer of the alms-house of the town or city where the woman is, must apply to a justice of the peace or police justice in the county, to inquire into the facts of the case. (§ 840.)

Justice can only act in his county and on proper official application,
Sprague . Eccleston, 1 Lans., 74. See Wallsworth v. McCullough, 10
Johns., 93; Birdsall v. Edgarton, 25 Wend., 619.

Examination by the magistrate and warrant against the father.] -The magistrate must, by the examination of the woman on oath, and any other testimony which may be offered, ascertain the father

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