lected shall be paid to the county treasurer, for the benefit of, and to be credited to, the town which incurred such expenses. § 72. Mode of ascertaining sum to be allowed for support of bastard. When 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 the supervisor of the town and obtain an order for the support of such bastard, and the sustenance of its 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 poor persons, 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 poor persons, and be charged to the town to whose officers such payment shall be made. § 73. When mother and child to be removed to county almshouse. If there be a county alms-house 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 approval of the county superintendents or any two of them, and when the situation of the mother will allow it, remove the mother of such bastard, with her child, to such alms-house, in the same manner as poor persons may be removed; the expenses of which removal 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. § 74. Compromise with father of bastard; when mother may receive money. Superintendents and overseers of the poor may make such compromise and arrangements with the putative father of any bastard child within their jurisdiction, relative to the support of such child, as they shall deem equitable and just, and thereupon discharge such putative father from all further liability for the support of such bastard. Whenever a compromise is made with the putative father of a bastard child, 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 by such putative father as the consideration of such compromise. If the mother of such child shall be unable to give the 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 have been 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. § 75. Compromise with putative fathers in New York. The commissioners of public charities 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 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 further liability for the support of such bastards. Penal Law. (L. 1909, ch. 88.) § 1843. Neglect of duty by superintendent or overseer of the poor. The county superintendents of the poor, or any overseer of the poor, 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 guilty of a misdemeanor, and shall, on conviction, be liable to a fine of two hundred and fifty dollars, or to imprisonment not exceeding one year, or by both such fine and imprisonment. III. PROSECUTION AND JURISDICTION OF CERTAIN COURTS. Greater New York Charter. (L. 1901, ch. 466.) § 684. Conduct of bastardy proceedings. All bastardy proceedings shall be conducted by and in the name of the commissioner, and the amount collected shall be paid to the commissioner, to be by him applied to the support of the child or of the child and its mother, and shall be accounted for by him in a manner approved by the comptroller. The commissioner shall have authority to compromise bastardy cases. (Amended by L. 1919, ch. 337.) § 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. (Amended by L. 1904, ch. 362.) Inferior Criminal Courts Act of New York City. (L. 1910, ch. 659.) The court of * § 31. Jurisdiction of court of special sessions. special sessions shall have jurisdiction as follows: 3. It shall have exclusive jurisdiction in the first instance of all proceedings respecting bastards within the city of New York, and the jurisdiction conferred by sections eight hundred and thirtyeight to eight hundred and sixty, inclusive, of the code of criminal procedure shall be exclusively exercised within said city by said court. The jurisdiction conferred by sections eight hundred and seventy-seven to eight hundred and eighty, inclusive, of the code. of criminal procedure shall be exercised within said city by said court concurrently with the county courts within said city. The application specified in section eight hundred and forty of said code of criminal procedure shall be made to a part of the court of special sessions in the county wherein a bastard is born, or where the woman pregnant of a bastard likely to be born is. If a bastard child be born without the state of New York, or without the city of New York, the commissioner of public welfare of the city of New York, may, if the mother of the said child is a bona fide resident within the said city, make application to the court of special sessions in the county in which the said mother resides in the same manner as in the case of a bastard child born within the city of New York. If a defendant desire to appeal from an order of filiation, mentioned in section eight hundred and fifty of the code of criminal procedure, such appeal shall be taken in accordance with section forty of this act, except that the presiding justice, or in his absence or disability, any justice who sat on the trial of the defendant, may take a bond from the defendant in such sum and with such sureties as the said justice may approve, or, in lieu thereof, a deposit of money, that he will abide the final decision of the appeal taken by him, and will pay all costs and disbursements on appeal, and that if the said order of filiation be affirmed he will obey it and make all the payments therein directed; and if the defendant is in custody, the justice may thereupon order that the defendant be discharged from imprisonment and that all proceedings on the order of filiation be stayed pending the decision of the appeal therefrom. But a defendant who has executed an undertaking to obey an order of filiation and indemnify the public, as provided in section eight hundred and fifty-one of the code of criminal procedure, cannot appeal from any other part of said order than that which fixes the weekly or other allowance to be paid. If the said bond on appeal shall not be complied with it must be sued upon by the commissioner of public welfare. (As amended by L. 1918, ch. 517; L. 1921, ch. 600.) Buffalo City Court Act. (L. 1909, ch. 570.) § 72. Jurisdiction in bastardy proceedings. The judges of the city court of Buffalo shall possess the powers and perform the duties of magistrates in all proceedings respecting bastards within the city of Buffalo and the jurisdiction conferred by the code of criminal procedure and the proceedings therein provided shall be exercised by said judges within said city except that such proceedings may be held and conducted before one judge with the same force and effect as if two magistrates were present. Rochester Charter. (L. 1907, ch. 755.) § 488. Jurisdiction. The city court has jurisdiction in the following actions and proceedings and criminal proceedings: 11. Proceedings respecting bastards brought by or instituted upon the application of the overseer of the poor of the city. (Added by L. 1918, ch. 495.) § 514. Bastardy proccedings. The court in bastardy proceedings and at any stage thereof may be held and conducted by one of the judges with the same force and effect as if two magistrates were present, and the judges may alternate in such proceeding except during the final examination and determination when the court may be held by one or two judges. In case of any adjournment being had in said proceedings and the defendant failing to give an undertaking or security for such adjournment as provided by section eight hundred and forty-nine of the code of criminal procedure, he must be committed to the county jail of Monroe county during such adjournment, by a commitment signed by the judge or judges then holding court, and he may be taken therefrom at or before said adjourned time by any peace officer by an order issued by one of the judges directed to the keeper of said jail, and produced before the court for the purposes of examination or further adjournment, as may then be had. Any number of adjournments may be had in said proceedings, and the same may be had for any length of time. The undertaking or security to be given upon an adjournment must be signed by two sufficient sureties and be to the effect that the defendant will appear before the court at the adjourned time and such other time or times to which adjournments may be had, for the purposes of the examination and determination and will render himself amenable to any process, order or commitment that may be issued or made in such proceedings. In case the defendant be adjudged to be the father of any bastard child or children, in any such bastardy proceedings, and he fail to pay the costs and give an undertaking for the support of such child or children, and its or their mother, for said defendant's appearance at the next term of county court of Monroe county, as provided by section eight hundred and fifty-one of the code of criminal procedure, the judge or judges composing the court, or either of them, must, by warrant, commit such defendant to the Monroe county penitentiary, there to remain until he be discharged by the said county court, or deliver an undertaking for the support of said child or mother as aforesaid. In all other respects the proceedings to be had or taken in any such bastardy proceedings instituted in said court, shall conform to the provisions of the code of criminal procedure relating to proceedings respecting bastards. Every warrant or commitment must commit the defendant to the Monroe county penitentiary, where it is issued by any judge aforesaid, or out of or by virtue of the order or judgment of the county court of Monroe county, upon any appeal taken thereto in any proceedings respecting bastards instituted by the overseer of the poor of the city. Provided, however, the court may accept cash in such amount as it deems sufficient, in lieu of undertaking or security above provided in case of an adjournment before trial. (Added by L. 1918, ch. 495.) Second Class Cities Law. (L. 1909, ch. 55.) § 185. Bastardy proceedings. The police justice shall also possess the powers and perform the duties of justices of the peace of towns in cases of bastardy. Such proceedings shall be governed by the provisions of the code of criminal procedure except that they may be held and conducted before the police justice with the same force and effect as if two magistrates were present. $201. Duties of the corporation counsel. The corporation counsel shall be and act as the legal adviser of the common council and of the several officers, boards and departments of the city. He shall appear for and protect the rights and interests of the city in all actions, suits and proceedings brought by or against it or any city officer, board or department, including the commissioner of |