discharge, and must hear the allegations and proofs of the superintendents, overseers or officers, and may examine the party applying on oath respecting the subject of the application.

§ 880. Party cannot be discharged, but by the court. A person committed, as provided in section eight hundred and seventy-seven, cannot be discharged from imprisonment, except by the county court of the county. (Amended by L. 1895, ch. 880.)

CHAPTER III.

Enforcement of the Undertaking for the Support of the Bastard or Its Mother, or for Appearance on Appeal.

Section 881. Court to order prosecution of undertaking, when forfeited; by whom prosecuted.

882. In whose name undertaking to be prosecuted.

883. Evidence in the action, and measure of damages.

SS4. For a subsequent breach of the undertaking, new action may be brought.

885. Costs, how recovered, when awarded against the plaintiff. 886. Action may be maintained on the order, etc.

§ 881. Court to order prosecution of undertaking, when forfeited; by whom prosecuted. If an undertaking for the appearance at the county court, of a person charged as the father or mother of a bastard, be forfeited, the court may order it to be prosecuted; and the sum mentioned therein may be recovered, and when collected, must, except in the city of New York, be paid to the county treasurer, and by him credited to the town in the same county, liable to the support of the bastard, or if there be none, to the county. In the city of New York, the court must order the undertaking to be prosecuted by the commissioners of charities. and corrections, and when collected, it must be paid into the city treasury. In every other county it must be prosecuted by the district attorney. (Amended by L. 1895, ch. 880.)

§ 882. In whose name undertaking to be prosecuted. When an undertaking 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, is forfeited, it may be prosecuted in the name of the county superintendents of the county or the overseers of the poor of the town, which was liable for the support of the bastard, or which may have incurred any expense in the support of the bastard, or of its mother, during her confinement and recovery; or in the city of New York, in the name of the corporation of that city.

§ 883. Evidence in the action, and measure of damages. In the action mentioned in the last section, it is not necessary to prove the actual payment of money by a county superintendent, overseer of the poor, officer of an alms-house, or other person; but the neglect to pay a sum ordered to be paid by competent authority, for the support of the bastard, or of its mother, is a breach of the undertaking, and the measure of the damages is the sum ordered

to be paid, and which was withheld at the time of the commencement of the action, with interest thereon.

§ 884. For a subsequent breach of the undertaking new action may be brought. For a breach of the undertaking, after the recovery of damages or the commencement of an action, another action may, in the same manner, be brought. The money collected upon the undertaking must be paid, and credited, in the manner provided in section eight hundred and eighty-one.

§ 885. Costs, how recovered, when awarded against the plaintiff. If, in the action, costs be awarded against the plaintiffs, they may be recovered, as follows:

1. If against the corporation of the city of New York, in the same manner as in any other action;

2. If against county superintendents or overseers of the poor, they must, upon the delivery of a transcript of the judgment, be paid by the county treasurer, and by him charged to the town in the same county, liable for the support of the bastard, or if there be none, to the county.

§ 886. Action may be maintained on the order, etc. An action may be maintained by the parties authorized by section eight hundred and eighty-two, upon an order made by two magistrates, or a county court, for the payment of a sum weekly or otherwise, for the support of the bastard or its mother, notwithstanding an undertaking may have been given to comply with the order; and in case of the death of the person against whom the order was made, an action may be maintained thereon against his executors or administrators. But when an undertaking is given to appear at the next term of the county court, no action can be brought on the order until it is affirmed by the court. (Amended by L. 1895, ch. 880.)

II. SUPPORT OF BASTARDS; POOR LAW.

Poor Law.

(L. 1909, ch. 46.)

ARTICLE V.

Support of Bastards.

Section 60. Penalty for removing mother of bastard; how supported after removal.

61.

62.

Mother and child poor persons; proceedings against county or town from which she was removed.

Mother and bastard; how to be supported.

63. Mother and child not to be removed without her consent.
64.
Overseers to notify superintendents of cases of bastardy; when
county chargeable.

64a. Discharge of lien of contract for conditional sale of chattels
attached to real property.

65. Duty of superintendents to provide for mother and child. Until taken charge of by superintendents, to be supported by

66.

Overseers.

Section 67. Overseers of towns to support bastard and mother, whether

chargeable or not.

68. Moneys received by overseers from parents of bastard, how applied and accounted for.

69. When moneys received on account of bastard chargeable to county; how to be disposed of.

70. Disputes concerning settlement of bastard; how determined.
71. Proceedings when bastard is chargeable to another town.

72. Mode of ascertaining sum to be allowed for support of bastard.
73. When mother and child to be removed to county almshouse.
74. Compromise with father of bastard; when mother may receive

money.

75. Compromise with putative fathers in New York.

§ 60. Penalty for removing mother of bastard; how supported after removal. If the mother of any bastard, or of any child likely to be born a bastard, shall be removed, brought or enticed into any county, city or town from any other county, city or town of this state, for the purpose of avoiding the charge of such bastard or child upon the county, city or town from which she shall have been brought or enticed to remove, the same penalties shall be imposed on every such person so bringing, removing or enticing such mother to remove, as are provided in the case of the fraudulent removal of a poor person. 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.

§ 61. Mother and child poor persons; proceedings against county or town from which she was removed. Such mother and her child shall, in all respects, be deemed poor persons; and the same proceedings may be had by the county superintendents to charge the town, city or county from which she was removed or enticed, or shall have of her own accord come or strayed, for the expense of supporting her and her child, as are provided in the case of poor persons; and an action may be maintained in the same manner for said expenses and for all expenses properly incurred in apprehending the father of such child, or in seeking to compel its support by such father or its mother. (Amended by L. 1916, ch. 205.)

§ 62. Mother and bastard; how to be supported. The mother of every bastard, who shall be unable to support herself, during her confinement and recovery therefrom, and every bastard, after it is born, shall be supported as other poor persons are required to be supported by the provisions of this chapter, at the expense of the city or town where such bastard shall be born, if the mother have a legal settlement in such city or town, and if it be required to support its own poor; if the mother have settlement in any other city or town of the same county, which is required to support its own poor, then at the expense of such other city or town; in all other cases, they shall be supported at the expense of the county where such bastard shall be born.

§ 63. Mother and child not to be removed without her consent. The mother and her child shall not be removed from any city or town to any other city or town in the same county, nor from one county to any other county, in any case whatever, unless voluntarily taken to the county, city or town liable for their support, by the county superintendents of such county or the overseers of the poor of such city or town.

§ 64. Overseers to notify superintendents of cases of bastardy; when county chargeable. The overseers of the poor of any city or town where a woman shall be pregnant with a child, likely to be born a bastard, or where a bastard shall be born, which child or bastard shall be chargeable, or likely to become chargeable to the county, shall, immediately on receiving information of such fact, give notice thereof to the county superintendents, or one of them. § 65. Duty of superintendents to provide for mother and child. The county superintendents shall provide for the support of such bastard and its mother, in the same manner as for the poor of such county.

§ 66. Until taken charge of by superintendents, to be supported by overseers. Until the county superintendents take charge of and provide for the support of such bastard and its mother so chargeable to the county, the overseers of the poor of the city or town shall maintain and provide for them; and for that purpose, the same proceedings shall be had as for the support of a poor person chargeable to the county, who can not be conveniently removed to the county alms-house.

§ 67. Overseers of towns to support bastard and mother, whether chargeable or not. Where a woman shall be pregnant with a child likely to be born a bastard, or to become chargeable to a city or town, or where a bastard shall be born chargeable, or likely to become chargeable to a city or town, the overseers of the poor of the city or town where such bastard shall be born, or 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 this chapter to provide for and support the poor of their city or town.

§ 68. Moneys received by overseers from parents of bastard, how applied and accounted for. Where any money shall be paid to any overseer, pursuant to the order of any two justices, by any putative father, or by the mother of any bastard, the 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, or to the proper auditing board of a city, at the same time that other town or city officers are required to account for expenditures of all moneys so received by them, and shall pay over the balance in their hands, and under like pen

alties, as are provided by this chapter, in respect to the poor moneys in their hands.

§ 69. When moneys received on account of bastard chargeable to county; 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. Any officer neglecting to make such payment shall be liable to an action by and in the name of the county, for all moneys so received and withheld, with interest from the time of receipt, at the rate of ten per centum; and shall forfeit a sum equal to that so withheld, to be sued for and recovered by and in the name of the county.

§ 70. Disputes concerning settlement of bastard, how determined. When a dispute shall arise concerning the legal settlement of the mother of a bastard, or of a child born or likely to be born a bastard, in any city or town, the same shall be determined by the county superintendents of the poor, upon a hearing of the parties interested, in the same manner and with the same effect as they are authorized to determine the settlement of a poor person under this chapter.

71. Proceedings when bastard is chargeable to another town. When a bastard shall be born, or be likely to be born in a town or city, when the legal settlement of the mother is in another town or city of the same county, which is required by law to support its own poor, the overseers of the poor of the town or city where such bastard shall be born, or be likely to be born, shall give the like notice to the overseers of the town or city where the mother's settlement may be, as is required in the case of a person becoming a poor person, under the like circumstances, and the same proceedings shall be had, in all respects, to determine the liability of such town or city as in the case of poor persons.

The overseers of the town or city 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.

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 or city 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 or city 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 col