CHAPTER III. Enforcement of the Undertaking for the Support of the Bastard or its Mother, or for Appearance on Appeal. Sec. 881. Court to order prosecution of undertaking, when forfeited; by whom prosecuted. 882. In whose name undertaking to be prosecuted. 883. Evidence in the action, and measure of damages. 884. For a subsequent breach of the undertaking, new action may be brought. 885. Costs, how recovered, when awarded against the plaintiff. 886. Action may be maintained on the order, et cetera. § 881. Court to order prosecution of undertaking, when forfeited; by whom prosecuted. If an undertaking for the appearance at the county court, of a person charged as the father or mother of a bastard, be forfeited, the court may order it to be prosecuted; and the sum mentioned therein may be recovered, and when collected, must, except in the city of New York, be paid to the county treasurer, and by him credited to the town in the same county, liable to the support of the bastard, or if there be none, to the county. In the city of New York, the court must order the undertaking to be prosecuted by the commissioners of charities and corrections, and when collected, it must be paid into the city treasury. In every other county it must be prosecuted by the district attorney. Am'd L. 1895, ch. 880. To whom money paid. Tillotson v. Martin, 40 Hun, 316. Jurisdiction New York district courts. People ex rel. Commissioners v. Dando, 20 Abb. N. C. 245. See Standring v. Moore. 16 Misc. 106; Constable v. Kennedy, 21 App. Div. 97; People v. Fleisch, 13 Daly, 39. 882. In whose name undertaking to be prosecuted. When an undertaking to obey an order, in relation to the support of a bastard, or of a child likely to be born a bastard, or of its mother, 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, which was liable for the support of the bastard, or which may have incurred any expense in support of the bastard, or of its mother, during her confinement and recovery; or in the city of New York, in the name of the corporation of that city. Complainant. Tillotson v. Martin, 40 Hun, 316. Jurisdiction New York district courts. People ex rel. Commissioners v. Dando, 20 Abb. N. C. 245. See Standring v. Moore, 16 Misc. 106; Constable v. Kennedy, 21 App. Div. 97; Rockfeller v. Donnelly, 8 Cow. 623; People v. Corbett, 8 Wend. 520. § 883. Evidence in the action, and measure of damages. In the action mentioned in the last section, it is not necessary to prove the actual payment of money by a county superintend ent, overseer of the poor, officer of an almshouse, or other person; but the neglect to pay a sum ordered to be paid by competent authority, for the support of the bastard, or of its mother, is a breach of the undertaking, and the measure of the damages is the sum ordered to be paid, and which was withheld at the time of the commencement of the action, with interest thereon. Proof. Tillotson v. Martin, 40 Hun, 316; Mayor v. Celia, 23 Misc. 138; Recovery back of money paid. § 884. For a subsequent breach of the undertaking, new action may be brought. For a breach of the undertaking, after the recovery of damages or the commencement of an action, another action may, in the same manner, be brought. The money collected upon the undertaking must be paid, and credited, in the manner provided in section 881. § 885. Costs, how recovered, when awarded against the plaintiff. If, in the action, costs be awarded against the plaintiffs, they may be recovered, as follows: 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. Prevailing party entitled to taxable costs. Wend. 273. Superintendents v. Moore, 12 § 886. Action may be maintained on the order, et cetera. An action may be maintained by the parties authorized by section 882, upon an order made by two magistrates, or a county court, 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 term of the county court, no action can be brought on the order until it is affirmed by the court. Am'd L. 1895, ch. 880. 270 TITLE VI. Of Proceedings Respecting Vagrants. Sec. 887. Who are vagrants. 887a. Tramp defined. 888. 890. Proceedings before magistrate in cases of vagrant children. Peace officers, when required by any person, to carry vagrant 891. Vagrant, when to be convicted; form of certificate of conviction. 892. Certificate to constitute record of conviction, and to be filed; commitment of vagrant. 803. 894. Children begging, how disposed of. Peace officers to arrest and pursue a person disguised, and take him before a magistrate. Private citizen may do so without warrant. 895. 896. Peace officer may require aid. him. Duty of persons required to aid 897. Neglect or refusal to aid peace officer, without lawful cause, a misdemeanor. Punishment. 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. § 887. Who are vagrants. 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, alehouses, 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 inclosure; 8. Any child between the age of five and fourteen, having sufficient bodily health and mental capacity to attend the public schools, found wandering in the streets or lanes of any city or incorporated village, a truant, without any lawful occupation. 9. Every male person who lives wholly or in part on the earnings of prostitution, or who in any public place solicits for immoral purposes. A male person who lives with or is habitually in the company of a prostitute and has no visible means of support, shall be deemed to be living on the earnings of prostitution. Subd. 9. Added by L. 1900, ch. 281. 10. A person who has been more than once convicted as a pickpocket, thief, or burglar, and having no visible means of support, found loitering about steamboat landings, railroad stations, banking institutions, crowded thoroughfares, cars, omnibuses, hotels, or any public gatherings or assembly, and unable to give a satisfactory explanation of his presence. Subd. 10. Added by L. 1907, ch. 616. In effect Sept. 1, 1907. Disorderly conduct. Jurisdiction. Matter of McMahon, 1 N. Y. Cr. Rep. 58; 64 How. Pr. Rep. 285. What children are vagrants. Matter of Moses, 1 N. Y. Cr. Rep. 508; 13 Abb. N. C. 189; 66 How. Pr. Rep. 296; People ex rel. Van Heck v. N. Y. Cath. Protectory. 101 N. Y. 195; 4 N. Y. Cr. Rep. 79. Subd. 4. People ex rel. Duntz v. Coon, 51 N. Y. St. Rep. 339; People v. § 887a. Tramp defined. A tramp is any person, not blind, over sixteen years of age, and who has not resided in the county in which he may be at any time for a period of six months prior thereto, who 1. Not having visible means to maintain himself, lives without employment; or 2. Wanders abroad and begs, or goes about from door to door, or places himself in the streets, highways, passages or public places to beg or receive alms; or 3. Wanders abroad and lodges in taverns, groceries, alehouses, watch or station houses, outhouses, market places, sheds, stables, barns or uninhabited buildings, or in the open air, and does not give a good account of himself. Added by L. 1898, ch. 664, § 4. This section does not apply to cities of the first or second class. § 888. Proceedings before magistrate in cases of vagrant children. When complaint is made to any magistrate by any citizen or peace officer against any vagrant under subdivision eight of the last section,* such magistrate must cause a peace officer to bring such child before him for examination, and shall also cause the parent, guardian or master of such child, if the child has any, to be summoned to attend such examination. If thereon the complaint shall be satisfactorily established, the magistrate must require the parent, guardian or master to enter into an engagement in writing to the corporate authorities of the city or village, that he will restrain such child from so wandering about, will keep him in his own premises, or in some lawful occupation and will cause him to be sent to some school at least four months in each year, until he becomes fourteen years old. The magistrate may, in his discretion, require security for the faithful performance of such engagement. If the child has no parent, guardian or master, or none can be found, or if the parent, guardian or master refuse or neglect, within a reasonable time, * This refers to section eight hundred eighty-seven. to enter into such engagement, and to give such security, if required, the magistrate shall make the like disposition of such child as is authorized to be made by section 291 of the Penal Code, of children coming within the descriptions therein mentioned. Am'd L. 1888, ch. 220. See People ex rel. Mt. Magdalen School v. Dickson, 57 Hun, 312; 123 N. Y. 639. § 889. Examination as to residence. When complaint is made to any magistrate by any citizen or peace officer against a person under sections one, five or six of section eight hundred eighty-seven, the magistrate must, upon the examination of such person, cause testimony to be taken as to his residence, and if it appears that such person has not resided in the county for a period of six months prior to his arrest, such magistrate shall not commit such person as a vagrant, as provided by this article; but if he finds that such person is guilty of an offense charged in one of such subdivisions, and such person is not blind or under sixteen years of age, the magistrate shall adjudge him to be a tramp, and commit him to a penitentiary, as required by law. On such examination the uncorroborated testimony of the defendant as to his place of residence shall not be deemed sufficient proof thereof. Am'd L. 1898, ch. 664. This section does not apply to cities of the first or second class. § 890. Peace officers when required by any person to carry vagrant before a magistrate for examination. A peace officer must, when required by any person, take 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, or judge of the general sessions of the same city, for the purpose of examination. § 891. Vagrant, when to be convicted; form of certificate of conviction. If the magistrate be satisfied, from the confession of the person so brought before him, or by competent testimony, that he is a vagrant, and has resided in the county for a period of six months prior to his arrest, he must convict him, and must make and sign, with his name of office, a certificate substantially in 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,' et cetera, naming the witnesses), by which it appears that he is a person (pursuing the description contained in the subdivision of section eight hundred and eighty-seven, which is appropriate to the case), and (if convicted under subdivisions one, five or six of section eight hundred and eightyseven) that he has resided in the county of for a |