ly, or other sustentation for the support of such child, as they shall think meet.1 § 18. PROCEEDINGS IN CASE OF REFUSAL. If after the service of such order subscribed by the said justices upon such mother, she shall refuse, or neglect to perform the same, she shall be committed to the common jail of the county, there to remain without bail until she comply with such order, unless she shall execute a bond to the people of this State in such sum as the said justices shall direct, with good and sufficient sureties, to appear at the then next court of sessions in the said county, and not to depart the said court without its leave.2 § 19. AMOUNT ORDERED TO BE PAID MAY BE INCREASED OR REDUCED. The justices who shall have made any order of filiation or maintenance against the father or mother of any bastard, may, from time to time, vary the amount therein directed to be paid, by reducing the same as circumstances may require; and upon the application of any county superintendent or overseer of the poor interested therein, and after ten days' notice to be given to the party who may be affected thereby, the court of sessions of the county may increase the sum in and by such order, directed to be paid for the support of any bastard; and the said court, on the application of any person affected by such order, and after the same notice to the superintendents or overseers, at whose instance it was procured, may reduce the amount directed to be paid by any such order.3 § 20. COMPROMISE WITH PUTATIVE FATHERS. Superintendents of the poor in any county in this State have power to make such compromise and arrangements with the putative fathers of any bastard children within their jurisdiction, relative to the support of such children, as they shall deem equitable and just, and thereupon to discharge such putative father from all liability for the support of such bastards.4 So also may the commissioners of the alms house of the city 1 R. S., 646, § 21. 1 R. S., 646, § 22. 1 R. S., 647, § 23. 'Laws 1832, ch. 26, § 2; 1 R. S., 656, § 69. of New York, or any two of them, make the like compromise and arrangement with the putative fathers of bastard children in said city.1 Whenever a compromise shall be made with the putative father of a bastard child, pursuant to the above provisions, the mother of such child, on giving security for the support of such child and to indemnify the city and county or the town and county from the maintenance of the child to the satisfaction of the officers making the compromise, shall be entitled to receive the moneys paid or secured by such putative father as the consideration of such compromise.2 And when the mother of such child shall be unable to give such security, but shall be able and willing to nurse and take care of the child, she shall be paid the same weekly allowance for nursing and taking care of the child out of the moneys paid by the father on such compromise as he shall have been liable to pay by the order of filiation. Such weekly sum to be paid the mother may be prescribed, regulated or reduced as in the case of an order of filiation.3 A compromise between superintendents of the poor and the putative father of a bastard child, whereby the latter is discharged from his bond to the people for the support of the child in case its mother refuses to give it to him, is void.* Superintendents of the poor have no authority or power to discharge the putative father of a bastard from a bond given for the support of the child without some compensation or equivalent, which will effectually secure the support and maintainance of the child in the manner contemplated by the statute, or at least tend to assure such support. The compromise and arrangement, which the statute authorizes them to make with the father, must tend to the support of the child and not to depriving it of support, and, unless by the arrangement something is taken or secured for the support of the child beyond contingency, the superintendents exceed their powers and the discharge is void.5 11 R. S., 656, § 68. * Laws 1838, ch. 202, §1; 1 R. S., 656, § 74. ' Id. §2; 1 R. S., 656, § 75. • Peo. v. Mitchell, 44 Barb., 245. Id. SECTION II. OF APPEALS IN BASTARDY, Section XXI-RIGHT OF APPEAL. XXII-NOTICE OF THE APPEAL. XXIII-PROCEEDINGS BETWEEN THE NOTICE AND HEARING OF THE APPEAL. XXIV. PROCEEDINGS ON THE HEARING OF THE APPEAL. XXV.-WHEN COURT OF SESSIONS MAY MAKE ORIGINAL ORDER. XXVI-PROCEEDINGS WHEN ORDER QUASHED FOR INFORMALITY. XXVII.-DUTY OF COURT OF SESSIONS WHEN FATHER OR MOTHER IMPRISONED. XXIX.-PROCEEDINGS ON BONDS TAKEN FOR APPEARANCE AT SESSIONS AND FOR SUP- § 21. RIGHT OF APPEAL. The Revised Statutes, after designating the method in which determinations shall be made by justices of the peace in bastardy cases, provide that any person who shall think himself aggrieved by any order or determination of any two justices of the peace, made pursuant to the authority given in said statutes, may appeal therefrom to the next court of sessions, to be holden in the same county, excepting any person who shall have executed a bond to perform any order of filiation and of settlement, and to indemnify the public who shall be concluded thereby, and shall not be permitted to appeal from any other part of such order than such as fixes the weekly or other allowance to be paid.1 An appeal to the Sessions from an order of filiation or sustenance made by two justices of the peace, pursuant to the provisions of the Revised Statutes, concerning the support of bastards, destroys the effect of the order as res judica; and if after such appeal, the proceeding is discontinued by the overseers of the poor who made the complaint, the overseers of any other town which is, or is likely to become chargeable, may institute new proceedings notwithstanding such former order,— that is that an order of filiation, on being appealed from, loses its force as an adjudication, It is virtually a suit commenced before the two justices, and continued before the sessions, but which never reached a final determination.2 The appeal given by the act from the order of the justices, is only from an affirmative order, charging the reputed father. An order or decision that the person charged is not proved to be the father, is conclusive. The act directs that he shall then be forthwith discharged, and no appeal lies from such order.1 § 22. NOTICE OF THE APPEAL. Whenever a bond shall be entered into by a person charged as the father of a bastard, or of a child likely to be born a bastard, or by the mother of a bastard, for his or her appearance at the next court of sessions, the same shall be deemed an appeal from the order of filiation or sustenance, or both as the case may be, and no further or other notice thereof shall be required. In other cases of appeal, notice shall be given to the justices making the order and to the other party affected by such order, or to the superintendent or overseers at whose instance the same was obtained, at least ten days previously.2 § 23. PROCEEDINGS BETWEEN THE NOTICE AND HEARING OF THE APPEAL. The statute provides that 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 sessions upon the hearing of any appeal made from such judgment or order.3 The justices who shall have taken or received any bond for the appearance of any party at the sessions, shall transmit the same to the clerk of the court before the opening thereof, together with the orders of maintenance and sustenance, which shall have been made, or true copies thereof signed by the justices making the same.1 Subpoenas shall be issued by the clerk of the court in vacation as well as in term, and be delivered to any party to such appeal requiring the same; and obedience to such subpoenas shall be enforced and the witnesses summoned may be compelled to testify in the same manner as in criminal cases pending in such court.5 Peo. v. Tompkins, 19 Wend., 154; See 5 Hill, 443. 21 R. S., 647, `§ 24. 1 R. S., 647, § 25. • Id. § 26. B • Id. § 27. § 24. PROCEEDINGS ON THE HEARING OF THE APPEAL. The court to which such appeal may be made shall proceed to hear the allegations and proofs of the respective parties, and the party in whose favor any order was made which shall be the subject of appeal, shall be required to substantiate the same by evidence. If the mother of any bastard be dead or insane, the testimony given by her on her examination shall be received in the same manner as if she was present and testified to the same.1 On an appeal to the sessions from an order of bastardy the appellant is not entitled to a trial by jury.2 The court may affirm or quash any order of affiliation or sustenance, or may reduce or increase the sum directed by any such order to be paid for the support of a bastard or for the sustenance of its mother, but no such order shall be quashed for any defects in the form thereof; but the same shall be amended by the said court according to the facts and justice of the case. If, at the time of hearing such appeal, the child supposed likely to be born a bastard shall not be born, the court may adjourn such hearing from time to time until such child be born, and shall take a recognizance from all parties bound to appear.3 If the woman so pregnant shall be married before she be delivered of such child, or if she shall miscarry so that such child shall not be born alive, or if it shall appear that she is not so pregnant, then the person charged as the father of such child shall be discharged from custody, if imprisoned, or from his bond or recognizance by the court of sessions of the county before whom such fact shall appear, or shall be immediately relieved out of custody by warrant under the hands and seals of the justices by whom he was committed, upon such fact appearing to them.4 If upon such hearing the court of sessions affirm the order of filiation, by which any person shall be determined to be the father of a bastard or of a child likely to become a bastard, the said court shall require such person immediately to enter into a bond to the people of this State in such sum as it shall prescribe, |