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.

This section is substituted for 1 R. S., 3d ed. 831, sec. 50; but does not depart from the spirit of the provision there contained.

§ 972. An action may be maintained by the parties authorized by section 968, upon an order made by two magistrates, or by a court of sessions, 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 court of sessions, no action can be brought on the order until it is affirmed by the court.

Taken from 1 R. S., 3d. ed. 831, sec. 51.

SECTION 973.

TITLE VII.

OF PROCEEDINGS RESPECTING VAGRANTS.

Who are vagrants.

974. Peace officers, when required by any person, to carry vagrant before a magistrate for examination.

975. Vagrant, when to be convicted. Form of certificate of conviction. 976. Certificate to constitute record of conviction, and to be filed. Commitment of vagrant.

977. Children begging, how disposed of.

978. Peace officers to arrest and pursue a person disguised, and take him before a magistrate.

979. Private citizen may do so, without warrant.

980. Peace officer may require aid. Duty of persons required to aid him. 981. Neglect or refusal to aid peace officer, without lawful cause, a misdemeanor. Punishment.

982. Magistrate may depute an elector of the county to make arrest of person disguised. If his name be not known, fictitious name may be used.

§ 973. The following persons are vagrants:

1. A person who, not having visible means to maintain himself, lives without employment:

2. A person who, being an habitual drunkard, abandons, neglects, or refuses to aid in the support of his family:

3. A person who has contracted an infectious or other disease, in the practice of drunkenness or debauchery, requiring charitable aid to restore him to health:

4. A common prostitute, who has no lawful employment, whereby to maintain herself:

5. A person wandering abroad and begging, or who goes about from door to door, or places himself in the streets, highways, passages, or other public places, to beg or receive alms:

6. A person wandering abroad and lodging in taverns, groceries, ale-houses, watch or station-houses, outhouses, market-places, sheds, stables, barns or uninhabited buildings, or in the open air, and not giving a good account of himself:

7. A person, who, having his face painted, discolored, covered or concealed, or being otherwise disguised, in a manner calculated to prevent his being identified, appears in a road or public highway, or in a field, lot, wood or enclosure.

This section is taken substantially, with the exception of the seventh subdivision, from 1 R. S. 3d ed., 802, sec. 1, and from the act specially applicable to the city of NewYork, Laws of 1833, p 9, ch. 11, sec. 1. Upon a comparison of the latter act with the Revised Statutes, it will be found to be more full, but not materially variant in principle. They have been blended, in the section under consideration, because there is no good reason why a definition applicable to one part of the state, should not equally extend to all.

The seventh subdivision is taken from the act to prevent persons from appearing disguised and armed, passed in 1845, and which is transcribed in 1 R. S., 3d ed., 803, sec. 5.

§ 974. A peace officer must, when required by any person, carry a vagrant before a justice of the peace or police justice of the same city, village or town, or before the mayor, recorder, or city judge of the same city, for the purpose of examination.

Taken from 1 R. S. 3d ed., 802, sec. 2; and Laws of 1833, p. 9, ch. 11, sec. 2.

§ 975. If the magistrate be satisfied, from the confession of the person so brought before him, or by compe

tent testimony, that he is a vagrant, he must convict him, and must make and sign, with his name of office, a certificate in substantially the following form:

"I certify that A. B., having been brought before me, charged with being a vagrant, I have duly examined the charge, and that upon his own confession in my presence, [or upon the testimony of C. D.,' &c., naming the witnesses,] by which it appears that he is a person [pursuing the description contained in the subdivision of section 973, which is appropriate to the case,] I have adjudged that he is a vagrant.

"Dated at the town [or city] of

the

day

The form of convictions in cases of vagrancy, has given rise to more discussion, and has led to greater embarrassments than almost any other proceeding of a criminal nature. Being summarily reviewable on habeas corpus, and it being well established, that every fact necessary to give the magistrate jurisdiction, as well as to show that it has been exercised in due form, and that nothing can be intended in its support, it is of daily occurrence, that discharges are granted for this cause. The cases in which a sufficient compliance with the requirements of the statute is had, are very rare; and its scarcely going too far, to say, that they constitute a small proportion of the cases in which there is a conviction. A convenient form is therefore given, embodying all that is necessary, and an adherence to which will save great confusion and difficulty.

§ 976. The magistrate must immediately cause the certificate, which constitutes the record of conviction, to

be filed in the office of the clerk of the county, and must by a warrant, signed by him with his name of office, commit the vagrant, if not a notorious offender, and a proper object for such relief, to the county poorhouse if there be one, or to the alms-house or poor-house of the city, village or town, for not exceeding six months, at hard labor, or if the vagrant be an improper person to be so committed, he must be committed for a like term, to the county jail, or in the city of New-York, to the city prison or penitentiary of that city.

Taken substantially from 1 R. S., 3d ed., 802, sec. 3, and Laws of 1833, p. 9, 10, sec. 3.

§ 977. If a child be found begging for alms, or soliciting charity from door to door, or in a street, highway, or public place in a city, village or town, a justice of the peace or police justice, on complaint and proof thereof, must commit the child to the county poor-house or other place provided for the support of the poor, to be kept, employed and instructed in useful labor, until discharged by the county superintendents of the poor, or in the city of New-York, by the governors of the almshouse, or bound out as an apprentice by them, as prescribed by special statutes.

Taken substantially from 1 R. S., 3d ed. 802, 803, sec. 4.

§ 978. It is the duty of every peace officer of the county, city, village or town, where a person described in the seventh subdivision of section 973, is found, to arrest and