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§ 897. Neglect or refusal to aid peace officer, without cause, a misdemeanor; punishment. 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.
§ 898. 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. A magistrate to whom complaint is made against a person charged as a vagrant, as described in the seventh subdivision of section eight hundred and eighty-seven, 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.
§ 898-a. Summary punishment of professional criminals. If any person shall be charged on oath or affirmation before any police magistrate or justice of the peace in this state with being a professional thief, burglar, pickpocket, counterfeiter or forger, or shall have been arrested by the police authorities at any steamboat landing, railroad depot, church, banking institution, brokers' office, place of public amusement, auction room, store, auction sale in private residences, passenger car, hotel or restaurant, or at any other gathering of people, whether few or many, and if it shall be proven to the satisfaction of any such magistrate or justice of the peace, by sufficient testimony, that he or she was frequenting or attending such place or places for an unlawful purpose, and that he or she has at some time been convicted of any of the crimes herein named, he or she shall be deemed a disorderly person, and upon conviction after trial shall be committed by the said magistrate or justice of the peace to the penitentiary, in counties where there is a penitentiary, for a term not exceeding one hundred days, there to be kept at hard labor, and in counties where there is no penitentiary, or where no contract
exists with any authorities of any penitentiary in the state, then to the county jail of said county, for a term not exceeding one hundred days, or, in the discretion of any such police magistrate or justice of the peace, he or she shall be required to enter security for his or her good behavior for a period not exceeding one year. Any person who may or shall feel aggrieved at any such act, judgment or determination of any such police magistrate or justice of the peace, pursuant to the provision of this section, may apply to any judge or justice of any court having the power to issue a writ of habeas corpus for the issuance of said writ, and upon return thereof there shall be a rehearing of evidence, and the judge or justice may either discharge, modify or confirm the commitment. (Added by chapter 66 of the Laws of 1909.)
Proceedings Respecting the Support of
Title VIII of Part VI of the Code of Criminal Procedure.
Section 914. Who may be compelled to support poor relatives. 915. Order to compel a person to support a poor relative,
916. Court to hear the case, and make order of support. 917. Support, when to be apportioned among different
918. Order to prescribe time during which support is to
919. Costs, by whom to be paid and how enforced.
922. Seizure of their property; transfer thereof, when
923. Warrant and seizure, when confirmed or discharged; direction of the court thereon.
924. Warrant, in what cases to be discharged.
925. Sale of the property seized and application of its
926. Powers of superintendents of poor.
§ 914. Who may be compelled to support poor relatives. The father, mother and children, if of sufficient ability, of a poor person who is insane, blind, old, lame, impotent or decrepit, so as to be unable 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 poor of the town where he is, or in the city of New York, by the commissioners of public charities. If poor person be insane, he shall be maintained in the manner prescribed by the insanity law. The father, mother, husband, wife or children of a poor insane person legally committed to and confined in an institution supported in whole or in part by the state, shall be liable, if of sufficient ability, for the support and maintenance of such insane person from the time of his reception in such institution. (As amended by chapter 399 of the Laws of 1898.)
Where a son requests the superintendent of the poor to take proceedings to have his father committed to an asylum, and promises to pay a certain sum towards his future support he is liable therefor. Supreme Court, June, 1888, Herendeen v. DeWitt, 49 Hun, 53.
A husband is not bound to maintain his wife's illegitimate children born before their marriage. Supreme Court, May, 1827, Minden v. Cox, 7 Cow. 235. Persons having relatives within prescribed degrees and whom they have sufficient ability to support are under an absolute duty, at their own charge, to support the persons described, not in the poorhouse, nor even through the agency of, but only in a manner to be approved by, the poor authorities of town or county. Supreme Court, April 13, 1892, Matter of Weaver v. Benjamin, 45 St. Rep. 97; 18 N. Y. Supp. 630, 631. This scheme is outside of the general provisions of the statute for the care and relief of the poor, who are, or who become, a public charge. Id. Its purpose is to prevent these persons from becoming a public charge. Id. It is not the intent that they are to be made and marked as public paupers by being consigned to the poorhouse of the county. Id.
The order for support goes beyond the power of the court when it attaches to the liability of a party to support his mother, the condition that she shall receive such support in the county poorhouse. Id.
The court has no power to prescribe the place where the poor person shall be supported, nor any of the conditions of such support, except that the manner of it shall be such as is approved by the overseers or superintendents of the poor. Id.
Whatever power there is over that support is vested in the overseers or superintendents of the poor; the court can only declare the duty to support, and in default to fix the sum to be paid. Id.
Supreme Court, March, 1885, in Stevens v. Cheney, 36 Hun, 1, the court said: "Under this statute (§ 914) the child is bound to aid in the support of a parent if he is a poor person and unable to defend himself, and if he fails to do so, the court of sessions may compel him. If the child recognizes the
duty laid upon him by statute to care for his indigent parent and voluntarily assumes it without waiting to be compelled by the court of session, what right have third persons or wrongdoers to interfere and prevent? The law affords the same protection to those who perform their duty voluntarily as it does to those who reluctantly act under compulsion, and we are of opinion that if the parent is a poor person within the provisions of the statute, it was the duty of the son to aid in his support, and if he voluntarily did that and the plaintiff has been deprived of his means of support by reason of the intoxication, that then he may recover, even though his child is over the age of twenty-one years." See, also, Supreme Court, October, 1895, De Puy v. Cook, 90 Hun, 43.
Where two or more persons are equally liable to support an indigent person but are unequally able to grant such support, contribution may be ordered and all may be made to pay in accordance with their means. Court of Appeals, February 20, 1872, Stone v. Burgess, 47 N. Y. 521; 2 Lans. 439.
The common law affords no means of compelling a husband to support his wife otherwise than by making him liable to third persons who have supplied her with necessaries after he has improperly refused to do so and the statute providing for the compulsory support of indigent relatives does not extend to husband and wife. Supreme Court, July, 1877, People ex rel. Kehlbeck v. Walsh, 11 Hun, 292.
The wife of a man who is abundantly able to provide for her cannot be deemed a poor person. Superintendents of the poor cannot, as such, maintain an action against a husband for boarding, clothing and medical aid furnished to his wife as a pauper. Supreme Court, May, 1854, Norton et al. v. Rhodes, 18 Barb. 100.
When an honorably discharged veteran eighty years of age with poor eyesight and in feeble health has no property but his pension of twenty-two dollars a month, which is not sufficient for his support, and the appropriation made by the town authorities under section 80 of the Poor Law for the use of its veteran relief committee is nearly or quite exhausted, and it appears that the veteran has two sons, one earning seventeen dollars a week who has a wife and two children, his son being self-supporting, the other son, married, and earning about fifteen dollars a week but without children, an order will be granted under section 914 of the Criminal Code directing each of the veteran's sons to contribute two dollars a week to his support. County Court, Onondaga County, November, 1912, Matter of Conklin, 78 Misc. Rep. 269.
§ 915. Order to compel a person to support a poor relative, et cetera. 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 ir. the city of New York, the commissioners of public charities may apply to the court of general sessions of the county of New York, or to the supreme court of the state of New York, or to the county court of any other county where the poor person dwells, for an order to compel such
relief, upon at least five days' written notice, served personally, by leaving it at the last place of residence of the person to whom it is directed, in case of his absence, with a person of suitable age and discretion. If such poor person be insane and legally committed to and confined in an institution supported in whole or in part by the state, and his relatives refuse or neglect to pay for his support and maintenance therein, application may be made by the treasurer of such institution in the manner provided in this section, for an order directing the relatives liable therefor to make such payment. (As amended by chapter 399, Laws of 1898, chapter 520, Laws of 1904, and chapter 143, Laws of 1913.)
The overseers are the proper parties to begin proceedings to compel a father to support his poor and infirm son. Supreme Court, July, 1887, Tillotson v. Smith, 12 St. Rep. 331. See, also, Court of Appeals, February 20, 1872, Stone v. Burgess, 2 Lans. 439.
§ 916. Court to hear the case and make order of support. At the time appointed in the notice, the court or a judge thereof must proceed summarily to hear the allegations and proofs of the parties, and must order such of the relatives of the poor person mentioned in section nine hundred and fourteen, as were served with the notice and are of sufficient ability, to relieve and maintain him, specifying in the order the sum to be paid weekly for his support, and requiring it to be paid by the father, or if there be none, or if he be not of sufficient ability, then by the children, or if there be none, or if they be not of sufficient ability, then by the mother. If the application be made to secure an order compelling relatives to pay for the maintenance of insane poor persons committed to and confined in an institution supported in whole or in part by the state such order shall specify the sum to be paid for his maintenance by his relatives liable therefor, from the time of his reception in such institution to the time of making such order, and also the sum to be paid weekly for his future maintenance in such institution. The relatives served with such notice shall be deemed to be of sufficient ability, unless the contrary shall affirmatively appear to the satisfaction of the court or a judge thereof. (As amended by chapter 399 of the Laws of