from which he absconded, made after the issuing of the warrant, § 923. Warrant and seizure, when confirmed or discharged; direction of the court thereon. The court, upon inquiring into the circumstances of the case, may confirm or discharge the warrant and seizure; and if it be confirmed, must, from time to time, direct what part of the personal property must be sold, and how much of the proceeds of the sale, and of the rents and profits of the real property, if any, are to be applied towards the maintenance of the children or wife of the person absconding. § 924. Warrant, in what cases to be discharged. If the party against whom the warrant issued, return and support the wife or children so abandoned, or give security satisfactory to any two justices of the peace, or police justices in the city, village or town, to the overseers of the poor of the town, or in the city of New York, to the commissioners of charities and corrections, that the wife or children so abandoned shall not be chargeable to the town or county, then the warrant must be discharged by an order of the magistrates, and the property taken by virtue thereof restored to the party. § 925. Sale of the property seized, and the application of its proceeds. The officers must sell at public auction the property ordered to be sold, and receive the rents and profits of the real property of the person absconding, and in those cities, villages or towns which are required to support their own poor, the officers charged therewith must apply the same to the support of the wife or children so abandoned; and for that purpose must draw on the county treasurer, or in the city of New York, upon the comptroller, for the proceeds as directed by special statutes. They must also account to the county court of the county, for all money so received by them, and for the application thereof from time to time, and may be compelled by that court to render that account at any time. (Amended by L. 1895, ch. 880.) § 926. Powers of superintendents of poor. person for whom relief is sought is a charge upon a county, the When the poor superintendents of the poor are vested with the same powers, as are given by this title to the overseers of the poor of a town, in respect to compelling relatives to maintain poor persons, and in respect to the seizure of the property of a parent absconding and abandoning his family; and are entitled to the same remedies in their names, and must perform the duties required by this title, of overseers, and are subject to the same obligations and control, (Amended by L. 1918, ch. 154, in effect April 4, 1918.) Poor Law. (L. 1909, ch. 46.) § 130. When property of absconding persons to be applied to support of families; how application made. Whenever the father, or the mother being a widow or living separate from her husband, has absconded or shall abscond from his or her children, or a husband from his wife, leaving any of such children or such wife chargeable, or likely to become chargeable upon the public for their support, and any real or personal estate of such father, or mother, or husband, has been or shall be seized by a superintendent of the poor or an overseer of the poor, or by a board of charities, or by other officers authorized to make such seizure, by warrant of the justices of the peace of the county where such real or personal property may be situated; and the court of sessions or county court of the county wherein such superintendent or overseer of the poor, or board of charities, or other officers authorized to make such seizure resides, has confirmed, or shall confirm said warrant and seizure, and has heretofore directed or shall hereafter direct what part if any of said personal property shall be sold, and how much if any of the proceeds of such sale and of the rents and profits of the real estate, if any, be applied toward the maintenance of the children or wife of the person so absconding; then the said superintendent or overseer of the poor, board of charities or other officers so authorized and directed, shall apply the said proceeds of sale of said personal property, or rents and profits of the real estate as the case may be, first, to the payment of such taxes and assessments as may be outstanding and existing liens upon the said real estate, and repairs necessary to be made upon said real estate, and premiums for insurance on the buildings on said real estate; and the balance, if any, directly to the maintaining, bringing up and providing for the wife, child or children so left and abandoned, as the same may be required from time to time; and for all such expenditures they shall take proper vouchers, and from the rents and profits thereafter received from any real estate so seized they shall first pay all legal taxes and assessments, as they shall be assessed against said real estate, and such premiums for insurances and expenses for such repairs thereon as they may deem necessary for the protection and preservation of said real estate, and the balance of said rents and profits shall be applied by said overseers, superintendents, boards of charities, or other persons authorized to make such seizures, to the maintaining, bringing up, and providing for the wife, child, or children so left and abandoned, and proper vouchers shall be taken thereof. Prison Law. (L. 1909, ch. 47.) § 187. Disposition of moneys paid to prisoner for his labor. The amount of such surplus standing on the books of the prison to the credit of any prisoner may be drawn by the prisoner during his imprisonment, only upon the certified approval of the superintendent of state prisons for disbursement by the agent and warden of said prison or superintendent of said reformatory to aid dependent relatives of such prisoner, or for such other purposes as the superintendent of state prisons may approve, or may with the approval of the said superintendent of state prisons be so disbursed without the consent of such prisoner. And any balance to the credit of any prisoner at the time of his conditional release as provided by this article, shall be subject to the draft of the prisoner in such sums and at such times as the superintendent of state prisons shall approve; but at the date of the absolute discharge of any prisoner the whole amount of credit balance as aforesaid shall be subject to his draft at his pleasure. Provided, that any prisoner violating his conditional release, when the violation is formally. declared by the board of parole for state prisons, or by the board of managers of said reformatory, shall thereby forfeit any credit. balance: and the amount thereof shall be transferred to the fund in aid of discharged prisoners, as herein provided for fines imposed, except such portion thereof as may be applied to pay the expense of his recapture as hereinbefore provided. § 390. When and to what court application to be made. Where a person is imprisoned in a state prison, for a term less than for life; or in a penitentiary or county jail, for a criminal offense, for a longer term than one year; one or more trustees, to take charge of his property, may be appointed, as prescribed in this article, by the county court of the county, or the supreme court in the judicial district, where he resided at the time of his imprisonment, or if he was not then a resident of the state, where he is imprisoned. § 391. Who may apply. A petition for such an appointment may be presented by either of the following persons: 1. A creditor of the prisoner. 2. The prisoner's husband, wife, or child. 3. One or more of his next of kin, or, where he owns real property, of his heirs presumptive. 4. A relative whom he is bound to support. 5. Any relative or other person, in behalf of his infant child or children. § 399. Prisoner's property; how applied. After deducting their commissions and expenses, allowed by law, and paying the prisoner's debts, the trustees may, from time to time, under the direction of the court by which they were appointed, apply the surplus of any money in their hands, to the support of the prisoner's wife and children, and of such other relatives as he is bound to support, and to the education of his children. Greater New York Charter. (L. 1901, ch. 466.) The parents, § 683. Support of poor persons by relatives. grandparents, children and grandchildren, and husband or wife, of sufficient ability, of a poor person who is insane, blind, old, lame, sick, impotent or decrepit so as to be unable by work to maintain himself, and the parents and grandparents of a destitute child must at their own charge support him in a manner sufficient to prevent him from being, or to avoid the liability of his becoming, a charge upon the public. If the relative of a poor person of sufficient ability fails to support him as in this section provided and the person is being cared for or is about to be cared for by the commissioner of public welfare of the city of New York, the commissioner of public welfare of such city by whom and in whose name the proceedings shall be conducted may apply to a city magistrate as provided by section seventy-four of chapter six hundred and fifty-nine of the laws of nineteen hundred and ten or to any court of record having jurisdiction of the defendant for an order to compel him to pay the reasonable charges determined by the commissioner of public welfare of the city of New York for the care of such relative during his stay in the public or private institution, or home where the commissioner of public welfare has placed him, and the proceedings to be taken to make such order and to enforce the same shall in all respects be similar to those provided in the code of criminal procedure. The determination of the commissioner of public welfare as to the reasonableness of said charges may at any time be reviewed by any city magistrate or any judge of a court of record. Evidence that the poor person mentioned in this section is without adequate means of support shall be presumptive proof of his liability to become a public charge. The relative against whom proceedings are begun for the support of a poor person shall be taken to be of sufficient ability to contribute to the support, unless the contrary shall affirmatively appear to the satisfaction of the court or a judge thereof. Before bringing the legal proceedings specified above, the commissioner of public welfare of the city of New York can directly enter into an agreement with a relative for the payment of the charges determined by the commissioner of public welfare to be reasonable charges for the care of the person maintained or about to be maintained by the commissioner of public welfare as a public charge. (Amended by L. 1904, ch. 362; L. 1918, ch. 513; added by L. 1921, ch. 204.) IV. MISCELLANEOUS RIGHTS AND PRIVILEGES. Personal Property Law. (L. 1909, ch. 45.) § 83. Capacity; liabilities for necessaries. Capacity to buy and sell is regulated by the general law concerning capacity to contract, and to transfer and acquire property. Where necessaries are sold and delivered to an infant, or to a person who by reason of mental incapacity or drunkenness is incompetent to contract, he must pay a reasonable price therefor. Necessaries in this section mean goods suitable to the condition in life of such infant or other person, and to his actual requirements at the time of delivery. (Added by L. 1911, ch. 571.) § 163. Powers of those lacking full legal capacity and of fiduciaries not enlarged. Nothing in this article shall be construed as enlarging the powers of an infant or other person lacking full legal capacity, or of a trustee, executor or administrator, or other fiduciary, to make a valid indorsement, assignment or power of attorney. (Added by L. 1913, ch. 600.) NOTE. Article relates to power to transfer corporate stock certificates. Domestic Relations Law. (L. 1909, ch. 19.) § 70. Habeas corpus for child detained by parent. A husband or wife, being an inhabitant of this state, living in a state of separation, without being divorced, who has a minor child, may apply to the supreme court for a writ of habeas corpus to have such minor child brought before such court; and on the return thereof, the court, on due consideration, may award the natural guardianship, charge and custody of such child to either parent for such time, under such regulations and restrictions, and with such provisions and directions, as the case may require, and may at any time thereafter vacate or modify such order. In all cases there shall be no prima facie right to the custody of the child in either parent, but the court shall determine solely what is for the best interest of the child, and what will best promote its welfare and happiness, and make award accordingly. (Amended by L. 1923, ch. 235, in effect Sept. 1, 1923.) Where a § 72. Payment of wages to minor; when valid. minor is in the employment of a person other than his parent or guardian, payment to such minor of his wages is valid, unless such parent or guardian notify the employer in writing, within thirty days after the commencement of such service, that such wages are claimed by such parent or guardian, but whenever such notice is given at any time payments to the minor shall not be valid for services rendered thereafter. |