§ 988. The undertaking mentioned in section 985, is forfeited, by the commission of any of the acts which constitute the person by whom it was given a disorderly person, and in the case of a person described in the seventh and eighth subdivision of section 983, by his playing or betting, at one time or sitting, for money or property exceeding the value of two dollars and fifty cents.

Taken from 1 R. S., 3d ed., 820, sec. 3.

§ 989. When an undertaking 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, or, in the city of New-York, in the name of the corporation of that city, and the sum collected in the action must be paid into the county or city treasury, as the case may be, for the benefit of the poor.

Taken from 1 R. S., 3d ed., 820, sec. 4.

§ 990. Upon a recovery on the undertaking, the court in which it is had, may require from the defendant new security, in the manner provided in section 985, or if he fail to give it, may commit him in the manner provided in section 987.

Taken from 1 R. S., 3d ed, 820, sec. 5.

991. A person committed as a disorderly person, on failure to give security, may be discharged by any two justices of the peace or police justices, in the county,

upon giving security, as originally required, pursuant to section 985.

Taken from 1 R. S., 3d ed. 820, sec. 6.

§ 992. The keeper of every prison to which disorderly persons may be committed, must return to the court of sessions of the county, on the first day of its next term, a list of the persons so committed and then in his custody, with the nature of the offence of each, the name of the magistrate by whom he was committed, and the term of his imprisonment.

Taken from 1 R. S., 3d ed. 820, sec. 7.

§ 993. The court of sessions must thereupon inquire into the circumstances of each case, and hear any proof that may be offered, and must examine the record of conviction, which is evidence of the facts contained in it, until disproved.

The same as 1 R. S., 3d ed. 820, see. 8.

§ 994. The court may discharge a person so committed, from imprisonment, either absolutely or upon his giving security as provided in section 985, or if he be a minor, may authorise the county superintendents of the poor, or the overseers of the poor of the town, or in the city of New York, the governors of the alms house, to bind him out in some lawful calling as a servant, apprentice, mariner or otherwise, until he be of age; or

if he be of age, to contract for his service with any person, as a laborer, servant, apprentice, mariner or otherwise, for not exceeding one year. The binding out or contract, pursuant to this section, has the same effect as the indenture of an apprentice, with his own consent and that of his parents, and subjects the person bound out or contracted, to the same control of his master and of the court of sessions of the county, as if he were bound as an apprentice.

Taken from 1 R. S., 3d ed., 820, 821, sec. 9.

§ 995. The court may also, in its discretion, order a person convicted as a disorderly person, to be kept in the county jail, or, in the city of New-York, in the city prison or penitentiary of that city, for a term not exceeding six months at hard labor.

Taken from 1 R. S., 3d ed. 821, sec. 10.

§ 996. If there be no means provided in the prison, for employing the offender at hard labor, the court may direct the keeper to furnish him such employment as it may specify, and for that purpose, to purchase materials and implements, not exceeding a prescribed value, and to compel the offender to perform the work allotted to him. The expenses incurred in carrying the order in effect, must be paid to the keeper by the county treasurer, upon the delivery to him of the order of the

court, and an account under the oath of the keeper, of

the materials and implements furnished.

Taken from 1 R. S., 3d ed. 821, sec. 11, 12.

§ 997. The keeper must sell the produce of the labor of the offender, and must account for the cost of the materials or implements purchased, and for one half of the surplus, to the board of supervisors, and pay it into the county treasury, and pay the other half of the surplus to the person by whom it was earned, on his discharge from imprisonment. He must also account to the court, when required, for the materials or implements purchased, and for the disposition of the proceeds of the labor of the offender.

Taken from 1 R. S., 3d ed., 821, sec. 13.

TITLE IX.

OF PROCEEDINGS RESPECTING THE SUPPORT OF POOR PERSONS.

SECTION 998.

Who may be compelled to support poor relatives.

999. Order to compel a person to support a poor relative, by whom and

how applied for, to court of sessions.

1000. Court to hear the case, and make order of support.

1001. Support, when to be apportioned among different relatives.

1002. Order, to prescribe time during which support is to continue, or may be indefinite. When and how order may be varied.

1003. Costs, by whom to be paid, and how enforced.

1004. Action on the order, on failure to comply therewith.

1005. Parents leaving their children chargeable to the public, how proceeded against.

1006. Seizure of their property. Transfer thereof, when void.

1007. Warrant and seizure, when confirmed or discharged. Direction of

the court thereon.

1008. Warrant, in what cases to be discharged.

1009. Sale of the property seized, and application of its proceeds.

1010. Powers of superintendents of poor.

§ 998. The father, mother and children, of sufficient ability, of a poor person who is insane, blind, old, lame, impotent or decrepid, so as to enable by work to maintain himself, must at their own charge, relieve and maintain him in a manner to be approved by the overseers of the town where he is, or in the city of NewYork, by the governors of the alms-house.

Substantially the same as 1 R. S. 3d ed., 782, sec. 1.

§ 999. If a relative of a poor person fail to relieve and maintain him, as provided in the last section, the overseers of the poor of the town where he is, or in the city of New-York, the governors of the alms-house may apply to the court of sessions of the county where the relative dwells, for an order to compel such relief, upon at