against county superintendents, or overseers of the poor of a town, not liable for the support of its own poor, they must be paid by the county treasurer, on delivering to him a certified copy of the order and of the taxed costs, and must be charged by him to the town in the same county, liable to support the bastard, or if there be none, to the county. In the city of NewYork, when costs are awarded upon an appeal, to the person charged as the father or mother of the bastard, they must, upon the production of similar vouchers, be paid by the comptroller of that city, and charged to the appropriation made to the governors of the almshouse thereof.

Taken from 1 R. S., 3d ed., 829, sec. 37.

§ 960. In other cases, the payment of the costs may be enforced by the court, as in a civil action. If the party against whom they are awarded, reside out of the jurisdiction of the court, an action may be brought on the order, by the party entitled to the costs, in which the production of a certified copy of the order and of the taxed costs, is conclusive evidence.

Taken from 1 R. S., 3d ed., 829, sec. 38.

§ 961. If the court vacate an order of filiation, for any other cause than upon the merits, it must proceed, and may make an original order of filiation, in the manner prescribed in the second subdivision of section 936, or bind the person charged, in an under

taking, in a sum and with sureties approved by the court, to appear at the next court of sessions.

Taken from 1 R. S., 3d ed., 829, sec. 39.

§ 962. If the order be vacated for any other cause than on the merits, and the person charged be bound as provided in the last section, the same proceedings may be had by the magistrate, for the apprehension of the defendant, and for making an order of filiation, and for the commitment of the defendant for not giving an undertaking, as are authorised in the first instance. And the same proceedings must be subsequently had, in all respects.

Taken from 1 R. S., 3d ed., 829, sec. 40.

§ 963. When a person is committed to prison, charged as the father of a bastard, or of a child likely to be born a bastard, and when the mother of a bastard is so committed, for not giving an undertaking to support the bastard, or to indemnify the public, the court must inquire, from time to time, into the circumstances and ability of the father or mother, to support the bastard and to procure security therefor.

Taken from 1 R. S., 3d ed., 830, sec. 41.

964. If the court be at any time satisfied, that the father or mother is wholly unable to support the bastard, or to contribute to its support, or to procure secu[CRIM. CODE.]

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rity therefor, it may, in its discretion, order the father or mother to be discharged from imprisonment.

Taken from 1 R. S., 3d ed. 830, sec. 42.

§ 965. Before granting the order, the court must be satisfied, that reasonable notice has been given to the overseers of the poor, or to the county superintendents, or chief officers of the almshouse, at whose instance the party was committed, of the intention to apply for a 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.

Taken from 1 R. S., 3d ed. 830, sec 43.

§ 966. A person committed, as provided in the last section, cannot be discharged from imprisonment, except by the court of sessions of the county.

Taken from 1 R. S. 3d ed. 830, sec. 44.

CHAPTER III.

ENFORCEMENT OF THE UNDERTAKING FOR THE SUPPORT OF THE BASTARD OR ITS MOTHER, OR for appearANCE ON APPEAL.

SECTION 967. Court to order prosecution of undertaking, when forfeited. By whom prosecuted.

968. In whose name, undertaking to be prosecuted.

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

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

971. Costs, how recovered, when awarded against the plaintiff.

972. Action may be maintained on the order of the magistrates or court.

§ 967. If an undertaking for the appearance at the court of sessions, 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 governors of the almshouse, and when collected, it must be paid into the city treasury. In every other county, it must be prosecuted by the district attorney.

Taken from 1 R. S, 3d ed., 830, sec. 46; except the provision as to the city of New-York, which is new.

§ 968. 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.

Taken from 1 R. S., 3d ed. 830, sec. 47.

§ 969. 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 almshouse, 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.

Taken from 1 R. S., 31 ed. 831, sec. 48.

§ 970. For a breach of the undertaking, after the recovery of damages or the commencement of an action, another action nay, in the same manner, be brought. The money collected upon the undertaking, must be paid, and credited, in the manner provided in section 967.

Taken from 1 R. S., 3d ed. 831, sec. 49.

§ 971. If, in the action, costs be awarded against the plaintiffs, they may be recovered, as follows: