Affidavit to Unclaimed Funds.

CHAPTER XII.

BANKS.

PREVIOUS to the year 1863, banking corporations were almost without exception formed by charters granted by the legislatures of the several States, or under general laws framed to authorize the free formation of associations for the purpose of banking. Since the enactment of the National Banking Law (Act of Congress of February 25, 1863), banks have been formed under that law; and the necessary forms for the proceedings are prepared by the Treasury Department, and are to be had by application to that Department at Washington, D. C.

Forms relating to Bank Stock will be found in the chapter of CORPORATIONS. Savings Banks are still formed under State charters.

326. Affidavit to Statement of Unclaimed Dividends or Deposits.

A. B., of said county, being duly sworn, deposes and says, that he is the cashier [or, president] of the Bank, and that the above [or, annexed] statement of dividends [or, deposits] remaining unclaimed in the said bank for the space of two years next preceding the day of

instant, is

in all respects just and true, according to the best of the knowledge and belief of this deponent.

SWORN [etc., as in Form 258].

[Signature of deponent.]

CHAPTER XIII.

BASTARDY.

In order to prevent illegitimate children from being abandoned and becoming a public charge, the laws provide proceedings for securing proper care for any such child, and for ascertaining the father and compelling him to provide for its support.

The details of these proceedings are regulated by the statutes; and in the use of these forms, which are drawn according to the laws of New York, (a) reference should be had to any peculiar provisions which may have been

(a) 1 New York, Rev. Stat., 642.

Bastardy Proceedings.

adopted in the statutes of the particular State in which they are used. The liability of the father is created by the statute, and the directions of the statute must be strictly followed in order to enforce the liability.(b)

827. Application of a superintendent, or overseer, of the poor...

PAGE

150

828. The same; when the application is before the birth.....

829. Affidavit of the mother, on her examination before the magistrate...

151

830. The same; when the examination is taken before the birth...

151

831. Warrant to apprehend reputed father....

151

882. Indorsement on a warrant to be executed out of the county.

151

885. The same; conditioned to appear..

888. Indorsement of justice in another county.

834. Bond of reputed father, on arrest in another county, to indemnify the county, etc....

336. Certificate of discharge, on executing either foregoing bond..

839. Warrant to bring up the mother to testify.

387. Bond to obtain adjournment of the hearing before the magistrate... 838. Subpoena......

153

154

154

840. Order of filiation

154

841. Bond for support of child and mother, under order of filiation..

155

842. Bond to appear, to be given instead of the foregoing..

156

843. Warrant to commit reputed father.............

156

844. Order of filiation made in the absence of the reputed father, he having been

arrested in another county.....

157

845. Warrant to commit a mother refusing to disclose the father's name

157

158

158

158

346. Summons to mother having property in her own right...

847. Order thereon.....

848. Notice of appeal from order of filiation

327. Application of a Superintendent, or Overseer, of the Poor. COUNTY OF

88.

To M. N., Esq., a justice of the peace of said county:

A. B. having been delivered of a bastard, which is chargeable [or, which is likely to become chargeable] to* the said county [or, to the town of , in said county]; the undersigned [one of the] superintendents of the poor of the said county [or, overseers of the poor of said town], pursuant to the statute in such case made and provided, makes application to you to inquire into the facts and circumstances of the case. GIVEN under my hand [or, our hands], at

328. The Same; When the Application is Before the Birth.

A. B. being pregnant of a child likely to be born a bastard, and to become chargeable to [continue as in preceding form from the *].

(b) Moncrief v. Ely, 19 Wend., 405; Birdsall v. Edgerton, 25 Ib., 619.

Affidavit of Mother.

Warrant against Father.

329. Affidavit of the Mother, on her Examination Before the Magistrate.

A. B., of the town of

that on the

day of

in said county, being duly sworn, says, last, she was delivered of a bastard child,

which is chargeable [or, which is likely to become chargeable] to* said

county [or, to the town of

is the father of said child.

in said county]; and that Y. Z., of

330. T Same; When the Examination is Taken Before the Birth.

A. B., of the town of

in said county, being duly sworn, says that she is now with child, and that the child of which she is pregnant is likely to be born a bastard, and to become chargeable to [continuing as in the preceding form from the *].

COUNTY OF

331. Warrant to Apprehend Reputed Father.

88. "

To any constable of said county, greeting:

Whereas A. B., of in said county, upon her examination on oath before me the undersigned, a justice of the peace of said county, this day had, did declare that [ete., as in the examination]; and whereas E. F., overseer of the poor of said town [or, one of the superintendents of the poor of said county, as the case may be], in order to indemnify the said town [or, county] in the premises, has applied to me to inquire into the facts and circumstances of the case, and to issue my warrant to apprehend the said Y. Z.: You are, therefore, hereby commanded, in the name of the People of the State of New York, forthwith to apprehend the said Y. Z.; and bring him before me, at my office in aforesaid, for the purpose of having an adjudication respecting the filiation of such bastard child [or, of such child likely to be born a bastard].

GIVEN [as in Form 327].

332. Indorsement on a Warrant, to be Executed Out of the County. I, the within-named justice of the peace, direct that the penal sum in which any bond shall be taken of the within-named Y. Z. shall be dollars.

COUNTY OF

[Signature of] Justice.

333. Indorsement of Justice in Another County.

88.

The within warrant, with the indorsement made thereon by the justice by whom it was issued, of the sum required to be put in the bond, having

Bond of Reputed Father, on Arrest.

been presented to me the undersigned, a justice of the peace of and residing in said county; and proof having been made to me, by the oath of R. S., of the handwring of the justice who issued the said warrant, the arrest of the said Y. Z. is hereby authorized, if he can be found within the said county of

GIVEN [etc., as in Form 327].

334. Bond of Reputed Father, on Arrest in Another County, to Indemnify the County, etc.(c)

KNOW ALL MEN by these presents, that we, Y. Z. and E. F., of

farmer, and G. H., (d) of

in

the county of in said county, merchant, are held and firmly bound unto the People of the State of New York, in the sum of dollars, for the payment whereof to the said People we

· bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents.

Sealed with our seals. Dated this day of

18 .*

THE CONDITION of the above obligation is such, that whereas the said Y. Z. has been this day brought before the undersigned Q. R., one of the justices of the peace of the county of , by virtue of a warrant issued by

whereon the

M. N., one of the justices of the peace of the county of name of said justice [or, of O. P., one of the justices of the peace of the said county of ], is indorsed, with an authority to arrest the said Y. Z., in said county of ; in which warrant it is recited that A. B., of

in said county of , upon her examination on oath, before the said M. N., justice, did declare that she then was pregnant of a child, which is likely to be born a bastard, and to become chargeable [or, did declare that she was, on the day of aforesaid, delivered of a bastard child, which is, or, is likely to become, chargeable] to said town [or, county]; and upon the said warrant is indorsed the direction of the said M. N., that the penal sum in which any bond should be taken of the said Y. Z. should be

last, at

dollars. Now, THEREFORE, if the said Y. Z. shall indemnify the said county, and town, or city [naming the place where the bastard shall have been born, or where the woman likely to have such bastard shall be], and every other county, town, or city which may have incurred any expense, or may be put to any expense, for the support of such child, or of its mother during her confinement and recovery therefrom(e), against all such expenses, and shall pay the costs of apprehending him the said Y. Z., and of any order of filiation that may be made in this matter, (f) then the above obligation to be void; otherwise, of full force and virtue.

Bond of Reputed Father.

335. The Same; Conditioned to Appear.(g)

[As in the preceding form to the t, continuing thus:] Now, therefore, if the said Y. Z. shall appear at the next Court of Sessions to be holden in the said county of where such warrant was originally issued, and not depart the said court without its leave, then the above obligation to be void; otherwise, of full force and virtue.

[Attestation, signatures, etc., as in preceding form.]

336. Certificate of Discharge, on Executing Either Foregoing Bond.(h) COUNTY OF

88.

I certify that the within-named Y. Z., who was brought before me, one of the justices of the peace of the county of by virtue of the within warrant, was discharged from arrest by me, upon his executing a bond pursuant to statute.

GIVEN [etc., as in Form 327].

337. Bond to Obtain Adjournment of the Hearing Before the Magistrates. [As in Form 334 to the *, continuing thus:] THE CONDITION of this obligation is such, that whereas the above-named Y. Z. has been this day brought before M. N. and O. P., two of the justices of the peace of said county, charged upon the oath of A. B., of aforesaid, as the reputed father of a bastard child, with which the said A. B. alleges she is pregnant [or, of a bastard child lately born of said A. B.], the said justices having associated, pursuant to statute, to examine the matter, and adjudicate respecting the filiation and maintenance of such bastard child [or, such child likely to be born a bastard]. And whereas, at the request of Y. Z., and for sufficient reason's given, the said justices have determined to adjourn the said examination and adjudication, upon the execution of this bond, until the at o'clock in the noon, at the office of said THEREFORE, if the said Y. Z. shall personally appear before the said justices, at the time and place last aforesaid, and not depart therefrom without leave of said justices, (2) then this obligation to be void; otherwise, of full force and virtue.

[Attestation, signatures, etc., as in Form 334.]

by the statute-e. g., if, where only indemnity should be required, payment of such sums as should be ordered by the justices or the court is required by the condition, as well as indemnity-the bond is wholly void, as being taken by color of office. People v. Meighan, 1 Hill, 298; and see People v. Mitchell, 4 Sandf., 466; Hoogland v. Hudson, 8 How. Pr., 843.

(g) A bond conditioned that the father will indemnify the county, etc., or appear at the sessions, is valid, though it ought to embrace but one of the alternatives.

in

day of

Now,

People v. Tilton, 18 Wend., 597. But if it require him to do both the one and the other, it would be void. Hoogland v. Hudson, 8 How. Pr., 848.*

(h) This certificate should be indorsed on the warrant.

(i) The "appearance" intended by the statute is not merely a temporary one, but a continued appearance and attendance until the examination and subsequent proceedings are finally closed. People v. Jayne, 27 Barb., 58.