§ 943. If the mother of a bastard, chargeable or likely to become chargeable, as provided in section 926, be possessed of property in her own right, any two magistrates of the county or city where she is, on the application of any of the officers mentioned in that section, must examine into the matter, and may make an order charging the mother with the payment of money weekly, or otherwise, for the support of the bastard.

Taken from 1 R. S., 3d ed., 826, sec. 21.

§ 944. If, after service of the order upon the mother, she do not comply therewith, she must be committed to the county jail, or in the city of New-York, to the city prison of that city, until she comply, or enter into an undertaking, with sufficient sureties approved by the magistrates, to the effect that she will appear at the next court of sessions of the county, to answer the matters stated in the order, and obey its order thereon, or that the sureties will pay the sum mentioned in the undertaking, and which must be fixed by the magistrates.

Taken from 1 R. S., 3d ed., 826, sec. 22.

§ 945. The magistrates, who may have made an order against the father or mother of a bastard, as provided in sections 936 and 943, may, from time to time, for good cause, reduce the amount therein directed to be paid, and upon the application of any of the officers mentioned in section 926, the court of sessions of the

county, upon ten days notice to those officers, or to the father and mother of the bastard, may reduce or increase the amount so directed to be paid.

Taken from 1 R. S., 3d ed., 826, sec. 23.

§ 946. If the father or mother of a bastard, or of a child likely to be born such, abscond from their place of residence, leaving the bastard chargeable or likely to become chargeable to the public, a superintendent of the poor of the county, or an overseer of the poor, or other officer of the alms-house of the town or city where the bastard was born, or is likely to be born, may apply to any two magistrates of the city or county where any property, real or personal, of the father or mother may be, for authority to take the same. Upon due proof of the facts on oath, to the satisfaction of the magistrates, they must issue their warrant, and proceed thereon, in the manner provided in title 9, of this part, in relation to persons absconding and leaving their children chargeable to the public.

Taken from 1 R. S., 3d ed, 831, 832, sec. 52.

CHAPTER II.

APPEALS FROM THE ORDERS OF MAGISTRATES, RESPECTING BASTARDS.

SECTION 947. Who may appeal, and in what cases.

948. Appeal, how taken.

949. Papers to be transmitted by magistrates, to court of sessions.
950. Court to hear the case. Evidence on hearing.

951. Court may affirm, vacate or modify the order, or adjourn the hear.
ing till the bastard be born.

952. If woman be not pregnant, or be married before her delivery, or the child be not born alive, defendant to be discharged.

953. Order of the court, on affirmance.

954. Commitment of defendant, if he fail to give undertaking.
955. Undertaking for appearance on appeal, when forfeited.

956. When mother bound to appear at the sessions, court to proceed as

upon an appeal.

957. When the court may make an order against the mother, for the support of the bastard.

958. Proceedings against the mother, on affirmance or modification of the order of the magistrates.

959, 960. Costs on appeal, when awarded and how paid.

961. When order of filiation vacated, except on the merits, court may make a new order of filiation, or bind the defendant to appear. 962. If order of filiation be vacated, except on the merits, magistrates may proceed anew.

963. Court to inquire into circumstances of father or mother, committed for not giving undertaking to support the bastard.

964. Father or mother unable to support the bastard, may be dis

charged.

965. Notice, before discharge, and examination of the matter.
966. Party cannot be discharged, but by the court.

§ 947. A person deeming himself aggrieved by the order of two magistrates, made pursuant to the last chapter, may appeal therefrom to the next court of sessions of the county; except that a person who has executed an undertaking to obey an order of filiation, and indemnify the public, as provided in section 937, cannot appeal from any other part of the order mentioned in section 936, than that which fixes the weekly or other allowance to be paid.

Taken from 1 R. S., 3d ed., 827, sec. 24.

$948. When the father or mother of the bastard has entered into an undertaking for appearance at the next court of sessions of the county, as provided in sections 937 and 944, it is an appeal from the order of filiation or maintenance; and no other notice thereof is necessary. In any other case, the appeal is taken, by a written notice of at least ten days before the court, to the magistrates who made the order, and to the party affected thereby, or to the officer at whose instance it was obtained.

Taken from 1 R. S., 3d ed. 827, sec. 24.

The next section in the revised statutes, Ibid. sec. 25, is omitted. It is as follows: "No justice of the peace, who shall have assisted in any judgment, or in making any order appealed from, shall sit in the court of general sessions, upon the hearing of any appeal made from such judgment or order." This provision is inserted in the part of the code of civil procedure, which relates to the courts and judicial officers, and need not be repeated here.

§ 949. The magistrates receiving an undertaking for appearance at the court of sessions, must transmit it to the court, before its opening, with a certified copy of the order appealed from.

Taken from 1 R. S., 3d. ed., 827, sec. 26.

§ 950. The court must immediately, or at any other time it may appoint, proceed to hear the allegations and proofs of the parties; and the party in whose favor the order was made, must support it by evidence. If the mother of the bastard be dead or insane, her

testimony on the examination before the magistrates, is receivable in evidence:

Taken from 1 R. S., 3d ed., 827, sec. 28.

§ 951. The court may affirm or vacate an order of filiation or maintenance, or may reduce or increase the sum ordered to be paid for the support of the bastard or its mother; and, disregarding defects in form in the order, must amend it according to the fact. If, when the appeal is heard, the bastard be not born, the court may adjourn the hearing, until it be born, and in that case, must take an undertaking from the party appealing, for his appearance, in such sum and with such sureties as the court may deem sufficient.

Taken from 1 R. S., 3d ed., 827, 828, sec. 29.

§ 952. If the woman alleged to be pregnant, be not so, or be married before her delivery, or the child be not born alive, the defendant must be discharged from custody, or from the obligation of his undertaking, either by the court or magistrates, upon that fact being made to appear.

Taken from 1 R. S., 3d ed., 828, sec. 30.

§ 953. If, upon the hearing of the appeal, the court of sessions affirm an order of filiation or maintenance, it must require the defendant to enter into an undertaking, with sufficient sureties, approved by the court, to the effect that he will pay, weekly or otherwise, ac