good faith be a lien on the real estate of the persons entering into such undertaking or bond against the estate of the persons entering into such undertaking or bond, from the time of filing said undertaking or bond and a copy of the order and docketing the same, as in this section directed; an execution may be issued to collect the amount of said undertaking or bond in the same form as upon a judgment recovered in any court of record in said counties, respectively, in an action of debt in favor of the commissioner aforesaid. The amount recovered on said undertaking or bond and judgment aforesaid shall be applied and expended for the support of the wife and children, or either or any of them, of the person charged with the offenses hereinbefore recited or either or any of such offenses, and when any money has been deposited instead of bail and which shall have been forfeited as herein before provided, said money shall be paid to the commissioner, by the person with whom the said sum of money is deposited, upon presenting to him a certificate from the city magistrate who made the order or forfeiture certifying to the forfeiture thereof, which said certificate shall state the name of the person making the deposit, when it is made, the name of the defendant, and that the said sum of money was forfeited on account of the defendant's failure to appear as directed, and shall be signed by said magistrate. (As amended by chapter 357 of the Laws of 1908, and chapter 418 of the Laws of 1912.)

§ 689. Appeals in abandonment proceedings; costs. An appeal to the court of general sessions may be taken from a conviction before a city magistrate under this chapter within the county of New York, or to the county court in any other county within the city of New York, which said appeal shall be conducted in accordance with the provisions of the code of civil procedure of the State of New York, except that the judge allowing the appeal must take from the defendant a written undertaking in such sum and with such sureties as he may approve, that the defendant will abide the judgment of the appellate court upon the appeal, and will pay all costs which may be awarded against him, and except that all notices required by said code of criminal procedure to be served upon the district attorney upon such appeal

shall be served upon the commissioner of public charities, and the commissioner may appear by counsel upon the hearing of such appeal.

No appeal taken by a defendant from an order of any city magistrate, directing payment of any moneys for the support of said defendant's wife or children, shall operate as a stay of proceedings in respect to said order, unless in addition to the undertaking provided for herein, said appellant shall deposit with the commissioner of public charities the sum of one hundred dollars in cash, which sum may be applied for the support of said wife or children respectively during said appeal, or he shall give sufficient surety by a written undertaking approved by the judge of the appellate court that, during the pendency of said appeal, he will pay the amount directed to be paid by said magistrate, which cash so deposited, or said undertaking so given as aforesaid shall be in addition to the security by undertaking required to be given by the sections of the criminal code hereinafter referred to.

The court, in its discretion, may award costs to the party in whose favor the appeal is determined, as follows: To the appellant upon reversal, thirty dollars; to the respondent upon affirmance, twenty-five dollars. When awarded to the appellant they must be paid by the comptroller of the city of New York, upon the delivery to him of a certified copy of the order of reversal, and must be charged to the contingent account fund of the commissioner of public charities. When awarded to the respondent the payment may be enforced as in a civil action, and in an action brought therefor against the sureties upon the undertaking given upon the allowance of the appeal, the production of a certified copy of the order of affirmance shall be conclusive evidence. If a new trial be ordered it must be had in the court from which the appeal was taken.

An appeal to the court of general sessions may be taken in abandonment proceeding on behalf of the complainant by the commissioner of public charities in his own name, from a decision or judgment of a city magistrate under this chapter, within the county of New York; or to the county court in any other county which is wholly or partly within the city of New York, as constituted by this act.

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For the purpose of appealing the commissioner must within sixty days after such decision or judgment make an affidavit reciting the alleged errors in the proceeding in which the decision or judgment was rendered, and must within that time present to the county judge of the county where the proceeding was brought or to a justice of the supreme court in that department, and apply thereon for an allowance of the appeal.

If, in the opinion of the judge or justice before whom the affidavit is submitted, it is proper that the questions set forth in the affidavit should be decided by the appellate court, the judge or justice must endorse upon the affidavit an allowance of an appeal to the court to which the appeal may be taken as aforesaid and the commissioner must within five days thereafter serve a copy of such affidavit upon which the appeal was granted, together with a notice that the same has been allowed, upon the defendant in the abandonment proceeding or upon the attorney or counsel who last appeared for the defendant therein.

Sections seven hundred and fifty-five, seven hundred and fiftysix, seven hundred and fifty-seven and seven hundred and fiftyeight of the code of criminal procedure shall apply to the appeal herein provided.

The appeal may be brought to argument by the commissioner or the defendant upon ten days' notice to the opposite party, to be served personally on the commissioner, or either personally upon the defendant or personally upon the attorney who last. appeared for the defendant.

The appeal shall be heard and disposed of in the manner provided by sections seven hundred and sixty-three, seven hundred and sixty-four, seven hundred and sixty-five, seven hundred and sixty-six and seven hundred and sixty-nine of the code of criminal procedure, except that if a new trial be ordered it shall be had in the court from which the appeal was taken, and, pending such new trial, the judge shall issue a warrant for the arrest of the defendant, and may hold him to bail as upon an indictment.

If the judgment on the appeal be against the complainant, the commissioner may appeal therefrom to the appellate division of the supreme court in the same manner as the defendant.

Upon an appeal taken by the commissioner of public charities no costs shall be awarded to either party.

(As amended by chapter 401 of the Laws of 1912, and chapter 462 of the Laws of 1914.)

§ 690. When new security may be required after an order in abandonment proceedings. After an undertaking has been given by the defendant in abandonment proceedings as prescribed in section six hundred and eighty-five and section six hundred and eighty-six, upon proof by affidavit by the commissioner of public charities that he has caused diligent efforts to be made to serve personally upon a surety upon such undertaking a summons in an action brought thereon for a default in the terms thereof, but has been unable to effect service upon such surety; or that a recovery cannot be had thereon; or that the judgment obtained upon such undertaking remains wholly unsatisfied and unpaid; or that a surety has been adjudged a bankrupt, the city magistrate then sitting in the court in which such undertaking was given, or in the boroughs of Manhattan and the Bronx, and the borough of Brooklyn, the magistrate sitting in the domestic relation courts in said boroughs respectively where the final order was made by a magistrate sitting in said boroughs respectively, may issue a warrant for the arrest of the defendant in whose behalf the undertaking was given, and require him to give new security, or in default thereof may commit him, under the original order, or in the manner prescribed in section six hundred and eighty-six; provided, however, that the total imprisonment upon such order shall not exceed six months in any year. (As amended by chapter 532 of the Laws of 1904 and chapter 421 of the Laws of 1912.)

§ 691. Support of bastard children. If at any time after an order of filiation in bastardy proceedings shall have been made, and an undertaking given thereon, in accordance with the provisions of this act and of the code of criminal procedure such undertaking shall not be complied with, or that for any reason a recovery thereon cannot be had, or if the original undertaking shall have been complied with, and the sureties discharged therefrom, or

if money were deposited in lieu of bail, and the same shall have been exhausted, and the bastard still needs support, the overseers of the poor of any county, city or town, or the commissioner of public charities, where the bastard, for whose support the order of filiation was made, shall be at the time, may upon proof of the making of the order of filiation, the giving of the above mentioned undertaking, and the noncompliance therewith, or that the sureties have been discharged from their liability, or that for any reason a recovery cannot be had on such undertaking, apply to the court in such county, city or town, having jurisdiction in bastardy proceedings, for a warrant for the arrest of the defendant against whom such order of filiation was made, which shall be executed in the manner provided in the code of criminal procedure for the execution of the warrant; upon the arrest and arraignment of the defendant the said court, upon proof of the making of the order of filiation, the giving of the above mentioned undertaking, and the noncompliance therewith, or that for any reason a recovery cannot be had on such undertaking, shall make an order requiring him to give a new undertaking in the manner provided in subdivision one of section eight hundred and fifty-one of the code of criminal procedure for giving an undertaking on conviction, or upon his failure to so give a new undertaking, shall commit him in the manner provided in section eight hundred and fifty-two of said code of criminal procedure. (As amended by chapter 362 of the Laws of 1904.)

TITLE II.

Bellevue and Allied Hospitals in the City of New York.

§ 692. Board of trustees, jurisdiction, powers and duties. 1. On the first day of February, nineteen hundred and two, the jurisdiction of the department of public charities of The City of New York over Bellevue Hospital and the Fordham, Harlem and Gouverneur hospitals and the Emergency Hospital in East Twenty-sixth street in The City of New York, shall cease, and the care, management and control of such hospitals shall be vested in a board of trustees, which shall on said date succeed to all rights, duties and powers heretofore vested in said department of public charities so far as concerns said hospitals. Said board