§ 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 eighty-seven) that he has resided in the county of ..... for a period of six months im mediately prior to his arrest, I have adjudged that he is a vagrant. "Dated at the town (or city) of 18...... "Justice of the peace of the town of...... may be). the .... day of ...... "E. F." (or as the case (As amended by chapter 664 of the Laws of 1898.) § 892. Certificate to constitute record of conviction, and to be filed; commitment of vagrants. The magistrate must immediately cause the certificate which constitutes the record of conviction, together with the testimony taken before him as to the residence of such vagrant, 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 vagrant for not exceeding six months at hard labor, to the penitentiary or county jail. In those counties of the state where the distinction between county poor and town poor is maintained, the expense of the conviction and maintenance during the commitment of any vagrant committed to the county jail, who shall, at the time of such commitment, have obtained a legal settlement in one of the towns of the county in which said persons shall be convicted, shall be a charge upon the town where they may reside at the time of such commitment. (As amended by chapter 664 of the Laws of 1898, chapter 689 of the Laws of 1911, and chapter 353 of the Laws of 1914.) § 893. (Repealed by section 5, chapter 220 of the Laws of 1888.) § 894. Arrest of vagrants. It is the duty of every peace officer of the county, city, village or town, where a person described in the seventh subdivision of section eight hundred and eightyseven is found, to arrest and take him before a magistrate mentioned in section eight hundred and eighty-eight, to be proceeded against as a vagrant. (As amended by chapter 360 of the Laws of 1882.) § 895. Private citizen may do so without warrant. A private citizen of the county may also, without warrant, exercise the powers conferred upon a peace officer by the last section. § 896. Peace officer may require aid; duty of persons required to aid him. In the execution of the duties imposed by section eight hundred and ninety-four, 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. § 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, judg ment 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.) TITLE VII OF PART VI § 910. Court may discharge, place on probation, or authorize the binding out of disorderly person. The court may discharge a person so committed from imprisonment, either absolutely or on parole under a salaried probation officer, or upon his giving security as provided in section nine hundred and one, or if he be a minor, may authorize the county superintendents of the poor, or the overseers of the poor of the town, or in the city of New York, the commissioner of charities, to bind him out in some lawful calling as a servant, apprentice, mariner or otherwise, until he be of age; or if he be of age, to contract for his service with any person, as a laborer, servant, apprentice, mariner or otherwise, for not exceeding one year. The binding out or contract, pursuant to this section, has the same effect as the indenture of an apprentice, with his own consent and that of his parents, and subjects the person bound out or contracted, to the same control of his master and of the county court of the county, as if he were bound as an apprentice. (As amended by chapter 609 of the Laws of 1910.) TITLE VIII OF PART VI Of Proceedings Respecting the Support of Poor Persons. Section 914. Who may be compelled to support poor relatives. 915. Order to compel a person to support a poor relative, etc. 916. Court to hear the case, and make order of support. 917. Support, when to be apportioned among different. relatives. 918. Order to prescribe time during which support is to continue, or may be indefinite; when and how order may be varied. Section 919. Costs, by whom to be paid and how enforced. 920. Action on the order, on failure to comply therewith. 921. Parents leaving their children chargeable to the public, how proceeded against. 922. Seizure of their property; transfer thereof, when void. 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 proceeds. 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 such 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, |