take him before a magistrate mentioned in section 974, to be proceeded against as a vagrant; and when the peace officer is credibly informed, that the vagrant is within the county, city, village or town, he must pursue him, and in like manner arrest him and convey him before the magistrate.

§ 979. A private citizen of the county, may also, without warrant, exercise the powers conferred upon a peace officer by the last section.

The last two sections are substantially the same as in the act of 1845, transcribed in 1 R. S. 3d ed. 803, sec. 6.

§ 980. In the execution of the duties imposed by section 978, the peace officer may command the aid of as many male inhabitants of his county, city, village or town, as he may think proper; and a citizen so commanded, may provide himself or be provided with, such means and weapons as the officer giving the command may designate.

Same as in the act of 1845, 1 R. S., 3d ed. 803, 804, sec. 7. See also, sec 84, of this co 'e, p. 45.

§ 981. A person commanded to aid the officer, as prescribed in the last section, and who without lawful cause refuses or neglects to do so, is guilty of a misdemeanor, and is punishable by a fine not exceeding two hundred and fifty dollars, or by imprisonment not exceeding one year, or both.

Same as in act of 1845, 1 R. S., 3d ed. 804, sec. 8. See also, sec. 86, of this code, p. 45.

§ 982. A magistrate to whom complaint is made against a person charged as a vagrant, as described in the seventh subdivision of section 973, may, by a warrant, signed by him with his name of office, depute an elector of the county to arrest and bring the vagrant before him, to answer the complaint: and if the name of the person complained of be not known, he may be described in the warrant and in all subsequent proceedings thereon, by a fictitious name.

Same in substance as in act of 1845, 1 R. S., 3d ed. 804, sec. 9.

TITLE VIII.

OF PROCEEDINGS RESPECTING DISORDERLY PERSONS.

SECTION 983. Who are disorderly persons.

984. On complaint, warrant to be issued.

985. On confession or proof that he is a disorderly person, security to be required.

986. If security given, defendant to be discharged. If not, to be convicted. Form of certificate.

987. Certificate, to constitute record of conviction, and to be filed. Commitment thereon.

988. Undertaking, when forfeited.

989. How prosecuted, and proceeds how applied,

990. When new security may be required, or defendant committed after

recovery on undertaking.

991. Defendant committed for not giving security, how discharged.
992. Keeper of prison, to return list of disorderly persons committed to

court of sessions.

993. Examination of the case by the court.

994. Court may discharge, or authorise the binding out of disorderly

person.

995. Court may also commit him to prison. Nature and duration of

imprisonment.

996. Order to procure materials and implements, and to compel him to

work.

997. Expense of materials or implements, how paid for, and proceeds of

labor, how disposed of.

983. The following are disorderly persons:

2

1. Persons who actually abandon their wives or children, without adequate support, or leave them in danger of becoming a burden upon the public, or who neglect to provide for them according to their means: 2. Persons who threaten to run away, and leave their wives or children a burden upon the public:

3. Persons pretending to tell fortunes, or where lost or stolen goods may be found:

4. Keepers of bawdy houses or houses for the resort of prostitutes, drunkards, tipplers, gamesters, or other disorderly persons:

5. Persons who have no visible profession or calling, by which to maintain themselves, but who do so, for the most part, by gaming:

6. Jugglers, common showmen and mountebanks, who exhibit or perform for profit puppet shows, wire or rope dancers, or other idle shows, acts or feats:

7. Persons who keep, in a public highway or place, an apparatus or device for the purpose of gaming, or who go about exhibiting tricks or gaming, therewith:

8. Persons who play, in a public highway or place, with cards, dice or any other apparatus or device for gaming.

This section, with the exception of the first sub-division, is taken, without substantial alteration, from 1 R. S. 3d ed. 819, sec. 1. That subdivision is taken from an act passed in 1833, specially applicable to the city of New-York. Laws of 1833, p. 11, sec. 7.

§ 984. Upon complaint on oath, to a justice of the peace or police justice of a city, village or town, or to the mayor, recorder or city judge of a city, against a person, as being disorderly, the magistrate must issue a warrant, signed by him with his name of office, requiring a peace officer to arrest the defendant, and bring him before the magistrate for examination.

Taken from 1 R. S., 3d ed., S20, sec. 2.

§ 985. If the magistrate be satisfied, from the confession of the defendant, or by competent testimony, that he is a disorderly person, he may require that the person charged give security, by a written undertaking, with one or more sureties approved by the magistrate, to the following effect:

1. If he be a person described in the first or second subdivision of section 983, that he will support his wife and children, and will indemnify the county, city, village or town, against their becoming, within one year, chargeable upon the public:

2. In all other cases, that he will be of good behavior for the space of one year;

Or that the sureties will pay the sum mentioned in the undertaking, and which must be fixed by the magistrate.

This section, except the first subdivision, is in accordance with 1 R. S, 3d ed., 820, sec. 2. The first subdivision is more explicit, and is designed to meet the distinct case which constitutes the defendant a disorderly person.

§ 986. If the undertaking be given, the defendant must be discharged. But if not, the magistrate must convict him as a disorderly person, 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 disorderly person, 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 [pursuing the description contained in the subdivision of section 983, which is appropriate to the case,] I have adjudged that he is a disorderly person. "Dated at the town [r city' of

of

the day of

Justice of the peace of the town ," [or as the case may be.]

The note to sec. 975, p. 439, 440, is applicable to this section.

§ 987. 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 defendant to the county jail, or, in the city of New-York, to the city prison or penitentiary of that city, for not exceeding six months at hard labor, or until he give the security prescribed in section 985.

Taken from 1 R. S., 3d ed., 820, sec. 2.