at the next term of the county court. Code Crim. Pro., § 875, as am'd L. 1895, c. 880.

39 If order of filiation be vacated, except on the merits, magistrates may proceed anew. If the order be vacated for any other cause than on the merits, and the person charged be bound as provided in the last section, the same proceedings may be had by the magistrate, for the apprehension of the defendant, and for making an order of filiation, and for the commitment of the defendant for not giving an undertaking, as are authorized in the first instance. And the same proceedings must be subsequently had, in all respects. Code Crim. Pro., § 876.

40 Court to inquire into circumstances of father or mother committed for not giving undertaking. When a person is committed to prison, charged as the father of a bastard, or of a child likely to be born a bastard, and when the mother of a bastard is so committed, for not giving an undertaking to support the bastard, or to indemnify the public, the court must inquire, from time to time, into the circumstances and ability of the father or mother, to support the bastard and to procure security therefor. Code Crim. Pro., § 877.

If the

41 Father or mother unable to support the bastard may be discharged. court be at any time satisfied that the father or mother is wholly unable to support the bastard, or to contribute to its support, or to procure security therefor, it may, in its discretion, order the father or mother to be discharged from imprisonment. Code Crim. Pro., § 878.

42 Notice before discharge. Before granting the order, the court must be satisfied that reasonable notice has been given to the overseers of the poor, or to the county superintendents, or chief officers of the alms-house, at whose instance the party was committed, of the intention to apply for a discharge, and must hear the allegations and proofs of the superintendents, overseers or officers, and may examine the party applying on oath respecting the subject of the application. Code Crim. Pro., § 879.

43 Party can not be discharged, but by the court. A person committed, as provided in section eight hundred and seventy-seven, can not be discharged from imprisonment, except by the county court of the county. Code Crim. Pro., § 880, as am'd L. 1895, c. 880.

Enforcement of Undertaking for Support, or Appearance on Appeal.

44 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. Code Crim. Pro., § 881, as am'd L. 1895, c. 880.

40 Hun, 316; 20 Abb. N. C. 248.

45 In whose name 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 the 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. Code Crim. Pro., § 882.

40 Hun, 316; 9 Johns. 367; 8 Cow. 623; 8 Wend. 520; 7 Cow. 235; 20 Abb. N. C. 246.

46 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 superintendent, 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. Code Crim. Pro., § 883.

40 Hun, 316; 9 Johns. 367; 8 Cow. 623; 8 Wend. 520; 12 id. 475; 25 N. Y. 289.

47 When new action may be brought; disposal of proceeds. 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. Code Crim. Pro., § 884.

40 Hun, 316.

48 Costs against plaintiff, how recovered. 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. Code Crim. Pro., § 885.

12 Wend. 273; 9 Johns. 119.

49 Action may be maintained on the order, etc. An action may be maintained by the parties authorized by section eight hundred and eighty-two, 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. Code Crim. Pro., § 886, as am'd L. 1895, c. 880.

See also Concealing Birth or Death; Courts, § 5; Domestic Relations Law, § 61; Emigrants, 23; Executors, etc., § 95; Justices' Courts, § 290; New York, §§ 75, 108; Penal Code, § 16; Poor, SS 60-75, 170; Real Property Law, § 289.

For earlier laws on this subject see Birdseye's Chronological Table of Statutes, under L. 1788, c. 15; L. 1801, Revised Acts, c. 18 (1 K. & R. 194); id. c. 184, § 3 (p. 566); 1 R. L., 1813, c. 12, p. 306.

BATAVIA, TOWN OF.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 63.

BATH, TOWN OF.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 56.

See Military Code, § 330.

BATH ON THE HUDSON.

BATHING ASSOCIATIONS.

Note. These corporations were formerly chartered under L. 1875, c. 267. (See Birdseye's R. S., 1st ed., p. 2725.)

BATHS AND BATHING.

See Cities, § 31; Exhibitions, § 3; Public Health Law, § 202; Rights, Bill of, §§ 23-25.

See Assaults; Military Code.

BATTERY.

BAWDY HOUSE.

See Disorderly Houses.

BAY CONSTABLES.

Note. For election and duties of bay constables in the towns of Brookhaven, Islip, Babylon, Huntington and Easthampton, in Suffolk county, see L. 1875, cs. 89, 402.

BEACHES AND HARBORS.

See Albany. §§ 10-18; Fisheries, etc., Law,

185; Hudson River; Long Island Sound; New York Harbor; Pollution of Streams, etc.; Railroad Law, § 42; St. Law. rence River.

BEACONS.

See Malicious Mischief, § 4; New York Harbor, § 10; State Law, §§ 37a-37h.

BEANS.

See Domestic Commerce Law, § 8; Public Health Law, § 50, n.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 32.

BEDLOE'S ISLAND.

JURISDICTION OVER; see State Law, § 7.

BEEF.

PACKING OF; see Domestic Commerce Law, § 90.

BEEKMAN, Town OF.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 34.

BEEKMANTOWN, Town of.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 45.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 66.

BENCH WARRANT.

Note. See Arraignment, §§ 1-4.

1 By whom issued. The clerk, on the application of the district attorney, may accordingly at any time after the order, whether the court be sitting or not, issue a bench warrant to one or more counties. A bench warrant for the arrest of any defendant indicted may also be issued by the district attorney at any time after the indictment is found. Code Crim. Pro., § 300, as am'd L. 1882, c. 360.

2 Form of bench warrant. The bench warrant issued upon the indictment must, if the crime be a felony, be substantially in the following form:

"County of Albany (or as the case may be).

"In the name of the people of the state of New York:

day of

"To any peace officer in this state. An indictment having been found on the 18, in the county court of the county of Albany (or as the case may be) charging C. D. with the crime of (designating it generally).

"You are, therefore, commanded forthwith to arrest the above named C. D., and bring him before that court (or if the indictment has been sent or removed to another court), before the supreme court in the county (or as the case may be), to answer the indictment; or if the court have adjourned for the term, that you deliver him into the custody of the sheriff of the county of Albany (or as

260 BENCH WARRANT― BENEVOLENT, ETC., SOCIETIES.

the case may be, or in the city and county of New York, 'to the keeper of the city prison of the city of New York').

City (or town) of

"By order of the court,

the

day of

or G. H.,

"District Attorney of the county of

Code Crim. Pro., § 301, as am'd L. 1882, c. 360, and L. 1895, c. 880.

66

3 Same in cases of misdemeanor. If the crime be a misdemeanor, the bench warrant must be in a similar form, adding to the body thereof, a direction to the following effect: or if he require it, that you take him before any magistrate in that county, or in the county in which you arrest him, that he may give bail to answer the indictment." Code Crim. Pro., § 302.

4 When amount of bail to be indorsed. If the crime charged be bailable, the court, upon directing the bench warrant to issue, may fix the amount of bail; and in such case an indorsement must be made upon the bench warrant and signed by the clerk, to the following effect: "The defendant is to be admitted to bail in the sum of dollars." Code Crim. Pro., § 303.

5 Bench warrant, how served. The bench warrant may be served in any county, in the same manner as a warrant of arrest, except, that when served in another county it need not be indorsed by a magistrate of that county. Crim. Pro., § 304.

Code

See also Albany, Si; Appeals, § 101; Arraignment, §§ 4, 7; Arrest, §§ 116, 140-144; Judgment, etc., § 101-105; Outlawry, § 1, 2; Railroad Law, § 59e.

For earlier laws on this subject, see 2 R. S. 728, §§ 55, 56.

BENEFIT CORPORATIONS.

NAME WHEN NOT TO BE USED; see Corporations, § 6.

BENEVOLENT, CHARITABLE, SCIENTIFIC, AND MISSIONARY

SOCIETIES.

Note. These corporations were formerly chartered under L. 1848, c. 319. (See Birdseye's R. S., 1st ed., p. 260.) It is now intended that they shall be chartered under the Membership Corporations Law.

The following section of L. 1848, c. 319, was expressly excepted from repeal in L. 1895, c. 559:

1 Legacies to society, when valid. Any corporation formed under this act, shall be capable of taking, holding or receiving any property, real or personal, by virtue of any devise or bequest contained in any last will or testament of any person whatsoever, the clear annual income of which devise or bequest shall not exceed the sum of ten thousand dollars; provided, no person leaving a wife or child or parent, shall devise or bequeath to such institution or corporation more than one-fourth of his or her estate, after the payment of his or her debts, and such devise or bequest shall be valid to the extent of such one-fourth, and no such device or bequest shall be valid, in any will which shall not have been made and executed at least two months before the death of the testator. L. 1848, c. 319, 6.

But see Wills, § 25.

2

27 Barb. 304; 59 N. Y. 434; 4 Abb. N. C. 317; 66 How. Pr. 246; 5 Redf. 557; 2 Dem. 184: 3 id. 225, 359; 29 Hun, 225; 33 id. 411; 35 id. 513; 44 id. 424; 88 N. Y. 357: 92 id. 433: 95 id. 166; 4 Dem. 473; 125 N. Y. 418; 82 Hun, 494; 25 Abb. N. C. 105; 32 N. Y. St. R. 140; 35 id. 407; 37 id. 424: 49 id. 665; 59 id. 560; 11 N. Y. Supp. 808. Appointment of special policemen; powers and duties. Any corporation duly incorporated under the laws of the state of New York for the erection of buildings and acts amendatory thereof, and that is also duly authorized by law to procure the people to assemble in its buildings or on its grounds for camp or grove meetings, Sunday-school parliaments, temperance, missionary, educational, scientific, musical and other meetings, shall have power through its board of trustees, or other board of managers, of the affairs of such corpora

tion, for the purpose of protecting and preserving such buildings, grounds, and other property, and preventing injuries thereto, and preserving order, and preventing disturbances, and preserving the peace in such buildings, and upon such grounds, by resolution of its board of trustees, or other board of managers, or otherwise, to appoint from time to time one or more special policeman, and the same to remove at pleasure, who when appointed shall be police officers, with the same powers within and about, or adjacent to, such grounds, as are vested in constables of the town where such grounds are located, whose duty, when appointed, it shall be to preserve order, and to prevent disturbances and breaches of the peace in and about the buildings and property and on and about the grounds of such corporation or approaches thereto or on grounds or in buildings pertaining thereto, and to protect and preserve the same from injury, and to arrest any, and all, persons making any loud or unusual noise, causing any disturbance or committing any breach of the peace, or committing any misdemeanor, or willfully violating the established rules and regulations of said corporation, or committing any willful trespass upon such grounds or property or approaches thereto or in or upon such buildings or any part thereof, and to convey such person or persons, so arrested, with a statement of the cause of such arrest, before a magistrate having jurisdiction of the offense, to be dealt with according to law. L. 1895, c. 493, § 1.

3 Trespass and disturbance of meetings, how punished. Any willful trespass in or upon any of the buildings or grounds provided or used for the purpose of said meetings or upon the approaches thereto, and any willful injury to any of the said buildings or to said grounds, or to any trees, fences, fixtures, or other property thereon and pertaining thereto, and any willful disturbance of the peace and quietness of said grounds by intentional breach of the rules and regulations thereof, shall be misdemeanors punishable by fine and imprisonment, or either, and concurrently with the courts of records of this state, justices of the peace, police justices and courts of special sessions in the town where such grounds are situated, shall have the same jurisdiction of said offenses as they have of other cases of misdemeanors committed within their jurisdiction, and shall have jurisdiction over the persons of those brought before them in the form and manner prescribed in the first section of this act, and said policemen are hereby empowered to carry and convey the persons so arrested before such justices of the peace, police justices and courts of special sessions, and to hold them until discharged according to law. Id., § 2.

4 Oath of office of policemen. Every policeman so appointed shall within fifteen days after such appointment and before entering upon the duties of his office, take and subscribe the oath of office prescribed in the twelfth article* of the constitution of the state of New York, which said oath shall be filed in the office of the county clerk of the county where such grounds are situated. Id., § 3. 5 Badge. Such policeman shall, when on duty, severally wear a metallic shield with the words "policeman," and the name of the corporation which appointed them inscribed thereon, and said shield shall always be worn in plain view. Id., § 4.

6 Compensation. The compensation of such policeman shall be paid by the corporations by which they are respectively appointed in the form and manner agreed upon between them. Id., § 5.

7 What corporations may appoint policemen; powers and duties of same. Any corporation duly incorporated under the laws of the state of New York for benevolent or charitable or literary or scientific or missionary or mission or Sunday school purposes, or for the purpose of mutual improvement in religious knowledge, or for the furtherance of religious opinion, or for the purpose of promoting morality, or for any two or more of such objects, that occupies inclosed grounds and holds meetings thereon from day to day at stated periods for the

* Constitution, § 142.