The Code of Criminal Procedure [and Penal Code] of the State of New York, as Amended, and in Force at the Close of the One Hundred and Fourteenth Session of the Legislature

§ 924. Warrant, in what cases to be discharged. If the party against whom the warrant issued, return and support the wife or children so abandoned, or give security satisfactory to any two justices of the peace, or police justices in the city, village or town, to the overseers of the poor of the town, or in the city of New York, to the commissioners of charities and corrections, that the wife or children so abandoned shall not be chargeable to the town or county, then the warrant must be discharged by an order of the magistrates, and the property taken by virtue thereof restored to the party.

§ 925. Sale of the property seized and application of its proceeds. The officers must sell at public auction the property ordered to be sold, and receive the rents and profits of the real property of the person absconding, and in those cities, villages or towns which are required to support their own poor, the officers charged therewith must apply the same to the sup port of the wife or children so abandoned; and for that purpose must draw on the county treasurer, or in the city of New York, upon the comptroller, for the proceeds as directed by special statutes. They must also account to the court of sessions of the county, for all money so received by them, and for the application thereof, from time to time, and may be compelled by that court to render that account at any time.

8926. Powers of superintendents of poor. — In those counties where all the poor are a charge upon the county, the superintendents of the poor are vested with the same powers, as are given by this title to the overseers of the poor of a town, in respect to compelling relatives to maintain poor persons, and in respect to the seizure of the property of a parent absconding and abandoning his family; and are entitled to the same remedies in their names, and must perform the duties required by this title, of overseers, and are subject to the same obligations and control.

See Tillotson v. Smith, 12 N. Y. State Rep. 332; Norton v. Rhodes, 18 Barb. 100.

TITLE IX.

OF PROCEEDINGS RESPECTING MASTERS, APPRENTICES AND

SERVANTS.

SECTION 927. Complaint against apprentice or servant for absenting himself or refusing to serve, or for a misdemeanor or ill behavior.

928. Warrant, when complaint is made in the absence of the

defendant.

929. Warrant, by whom and how executed.

930. Hearing the complaint, and committing or discharging the

defendant.

931. Complaint against the master for cruelty, misusage or violation of duty.

932. Hearing the complaint, and dismissing it or discharging the apprentice or servant.

933. Preceding sections not applicable to apprentice with whom money is received or agreed for.

934. Complaint against master in such case, and direction thereon. 935. If complaint not compromised, the master to be held to appear at sessions.

936. Proceedings thereon and order of the court.

937. Complaint by master against clerk or apprentice, where money is paid or agreed for; clerk or apprentice, when held to appear at sessions.

938. Proceedings thereon and order of the court.

939, 940. Indenture or contract of service, how assigned on death of

master.

§ 927. Complaint against apprentice or servant, for absenting himself, or refusing to serve, or for a misdemeanor or ill behavior. If an apprentice or servant, lawfully bound to service as prescribed by special statutes, willfully absent himself therefrom, without the leave of his master, or refuse to serve according to his duty, or be guilty of any misdemeanor or ill behavior, his master may make complaint of the facts under oath before a justice of the peace or police justice in the county or before the mayor, recorder or city judge of the city where he resides.

§ 928. Warrant, when complaint is made in the absence of the defendant. If the complaint be made in the absence of the defendant, and the facts be proved to the satisfaction of the magistrate, he must issue a warrant signed by him, with his name of office, to a peace officer of the county or

city, commanding him to arrest the defendant and bring him before the magistrate forthwith, or at a specified time and place, to answer the complaint.

929. Warrant, by whom and how executed. - The peace officer must accordingly execute the warrant by arresting the defendant and taking him before the magistrate.

$930. Hearing the complaint, and committing or dis charging the defendant. —The magistrate must immediately, or at a time to which he may, for good cause, adjourn the matter, proceed to hear the allegations and proofs of the parties, and if the complaint appear to be well founded, must commit the defendant to the county jail, or in the city of New York to the city prison of that city, for not exceeding one month, at hard labor, where he must be confined in a room with no other person; or may, by a certificate signed by him with his name of office, discharge the defendant from the service of his master, and the master from all obligations to the defendant.

$931. Complaint against the master for cruelty, misusage or violation of duty.-If a master be guilty of cruelty, nisusage, refusal of necessary provisions or clothing, or any other violation of duty toward his apprentice or servant, as preseribed by special statutes, or by the indenture or contract of service, the apprentice or servant may make complaint, on oath, to any of the magistrates mentioned in section nine hundred and twenty-seven, who must summon the defendant before him at a specified time and place.