See 64 Am. Dec. 279; Schouler's Dom. Rel., § 237; Edwards v. Davis, 16 Johns. 281; Stone v. Burgess, 2 Lans. 439; 47 N. Y. 521; Menden v. Cox, 7 Cow. 235; Matter of Hunt, 5 id. 284; Stevens v. Cheney, 36 Hun, 2; Tillotson v. Smith, 40 id. 322; Herendeen v. De Witt, 49 id. 53.

§ 915. Order to compel a person to support a poor relative, by whom and how applied for, to court of sessions. 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 in the city of New York, the commissioners of charities and corrections may apply to the court of sessions of the county where the relative dwells, for an order to compel such relief, upon at least ten days' written notice, served personally, or 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.

See Stevens v. Cheney, 36 Hun, 3; Anon., 3 N. Y. Leg. Obs. 354.

§ 916. Court to hear the case, and make order of support. At the time appointed in the notice, the court 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.

§ 917. Support, when to be apportioned among different relatives.- If it appear that any such relative is unable wholly to maintain the poor person, but is able to contribute toward his support, the court may direct two or more relatives, of different degrees, to maintain him, prescribing the proportion which each must contribute for that purpose; and if it appear that the relatives are not of sufficient ability wholly to maintain him, but are able to contribute something, the court must direct the sum, in proportion to their ability, which they shall pay weekly for that purpose.

See Stone v. Burgess, 2 Lans. 439; 47 N. Y. 521.`

§ 918. Order to prescribe time during which support is to continue, or may be indefinite; when and how order may be varied.— The order may specify the time during which the relatives must maintain the poor person, or during which any of the sums directed by the court are to be paid, or it may be indefinite, or until the further order of the court. The court may from time to time vary the order, as circumstances may require, on the application either of any relative affected by it, or of an officer on whose application the order was made, upon ten days' written notice.

§ 919. Costs, by whom to be paid, and how enforced.— The costs and expenses of the application must be ascertained by the court, and paid by the relatives against whom the order is made; and the payment thereof, and obedience to the order of maintenance, and to any order for the payment of money, may be enforced by attachment.

§ 920. Action on the order on failure to comply therewith.— If a relative, required by an order of the court, to relieve or maintain a poor person, neglect to do so in the manner approved by the officers mentioned in section nine hundred and fourteen, and neglect to pay to them weekly the sum prescribed by the court, the officers may maintain an action against the relative, and recover therein the sum prescribed by the court, for every week the order has been disobeyed, to the time of the recovery, with costs, for the use of the poor. In the city of New York, the action must be in the name of the corporation of that city.

See Converse v. McArthur, 17 Barb. 410; Duel v. Lamb, 1 Th. & C. 66.

§ 921. Parents leaving their children chargeable to the public, how proceeded against.-- When the father, or the mother being a widow or living separate from her husband, absconds from the children, or a husband from his wife, leaving any of them chargeable or likely to become chargeable upon the public, the officers mentioned in section nine hundred and fourteen may apply to any two justices of the peace or police justices in the county in which any real or personal property of the father, mother or husband is situated, for a warrant to seize the same.

Upon due proof of the facts, the magistrate must issue his warrant, authorizing the officers so applying to take and seize the property of the person so absconding. Whenever any child shall be committed to an institution pursuant to any provision of the Penal Code, any magistrate may issue a warrant for the arrest of the father of the child, and examine into his ability to maintain such child in whole or in part; and if satisfied that such father is able to contribute toward the support of the child, then the magistrate shall, by order, require the weekly payment by such father of such sum, and in such manner as such magistrate shall in said order direct, toward the maintenance of such child in such institution, which amount when paid shall be credited by the institution to the city, town, or county against any sums due to it therefrom on account of the maintenance of the child.

See People v. Overseers, 23 Barb. 236; Downing v. Rugar, 21 Wend. 188.

§ 922. Seizure of their property; transfer thereof when void. The officers so applying may seize and take the property, wherever it may be found in the same county; and are vested with all the right and title thereto, which the person absconding then had. The sale or transfer of any personal property, left in the county from which he absconded, made after the issuing of the warrant, whether in payment of an antecedent debt or for a new consideration, is absolutely void. The officers must immediately make an inventory of the property seized by them, and return it, together with their proceedings, to the next court of sessions of the county where they reside, there to be filed.

§ 923. Warrant and seizure, when confirmed or discharged; direction of the court thereon. The court, upon inquiring into the circumstances of the case, may confirm or discharge the warrant and seizure; and if it be confirmed, must, from time to time, direct what part of the personal property must be sold, and how much of the proceeds of the sale, and of the rents and profits of the real property, if any, are to be applied towards the maintenance of the children or wife of the person absconding.

See People v. Overseers, 23 Barb. 236.

§ 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 support 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.

§ 926. 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