reside with him and to associate with her children, and retained her clothing, and refused to let her have the same, and that he was a disorderly person; held that, no threats of running away or leaving his wife or children a burden to the public having been alleged in the case, the specifications did not come within the statute.1 So it was also held, that refusing to live with one's wife or to support her, on the ground that her former husband is still living, was not a ground of conviction.2 But, since the making of the decisions above referred to, the Legislature have amended the Revised Statutes by inserting in the first line of the statute, after the word persons, as follows: "who shall abandon or neglect to support their wives or children, or." 3 SECTION X. PROCEEDINGS AGAINST THEM. Upon complaint being made, on oath, to any justice of the peace, against any person as being disorderly, he shall issue his warrant for the apprehension of the offender, and cause him or her to be brought before such justice for examination.4 In order to warrant the conviction of the offender, the complaint must bring the offender within some of the specifications enumerated in the statute, as constituting the offence.5 SECTION XI. SURETY FOR GOOD BEHAVIOR. If it shall appear by the confession of the offender, or by competent testimony, that he or she is a disorderly person, the justice may require of the offender sufficient sureties for his or her good behavior, for the space of one year. The justice has no power to proceed to organize a court of special sessions, and on conviction, to punish the accused by fine and imprisonment.1 SECTION XII. RECORD OF CONVICTION AND COMMITMENT. In default of such sureties being found, the justice shall make up, sign and file in the county clerk's office, a record of the conviction as a disorderly person, specifying generally the nature and circumstances of the offence, and shall, by warrant under his hand, commit such offender to the common jail of the city or county, there to remain until such sureties be found, or such offender be discharged according to law. The justice has no power to commit upon conviction until his record is made up and filed, and the court will not presume on certiorari that this was done, if it do not appear by the return.3 The warrant of commitment is valid to protect the officer if it describes the offence, and the conviction and sentence, although it does not recite the facts proved." SECTION XIII. BREACHES OF RECOGNIZANCE. It shall be deemed a breach of such recognizance, for any person so bound, on account of being a gamester, at any one time, or sitting to play or bet for any money or other thing exceeding the sum or value of two dollars and fifty cents. In other cases, the committing of any of the acts which constituted the person so bound a disorderly person, shall be deemed a breach of the condition of such recognizance. 1 Peo. v. Carroll, 4 Park., 73. SECTION XIV. PROSECUTIONS THEREFOR. If any breach of such recognizance for good behavior happens, such recognizance shall be prosecuted at the instance of any overseer of the poor, county superintendent of the poor, or justice of the peace, and the penalty when collected, shall be paid into the county treasury, for the benefit of the poor of such county.1 Where a recognizance was taken from one who was convicted of being a disorderly person, in that he had abandoned or neglected to provide for his wife, it was held that, upon an action upon the recognizance, the sureties might defeat a recovery, by pleading and proving, notwithstanding the conviction, that the woman alleged to have been abandoned, &c., was not the wife of the principal.2 SECTION XV. CONSEQUENCES OF RECOVERY. Upon a recovery being had upon any such recognizance, the court before which it shall be had, may, in its discretion, either require new sureties for good behavior to be given, or may commit the offender to the common jail of the city or county for any term not exceeding six calendar months.3 SECTION XVI. TWO JUSTICES MAY DISCHARGE IN CERTAIN CASES. Any person committed to the common jail for not finding sureties for good behavior, may be discharged by any two justices of the peace of the county, upon giving such sureties for good behavior as were originally required from such offender.4 The magistrate before whom the conviction takes place, has no authority, acting singly, to take a recognizance for good behavior after the record of conviction is filed.1 Neither has he such power after the record has been made and signed, though not filed.2 SECTION XVII. KEEPER OF JAIL TO EXHIBIT LISTS, ETC. It is the duty of the keeper of every jail to lay before the court of sessions, on the first day of its meeting next after the commitment of any disorderly person, a list of the persons so committed and then in his custody, with the nature of their offences, the name of the justice committing them, and the time of imprisonment.3 SECTION XVIII. DUTY OF COURT OF SESSIONS. The court of sessions shall inquire into the circumstances of each case, and hear any proofs that may be offered, and shall examine the record of conviction, which shall be deemed presumptive evidence of the facts therein contained until disproved. The court may discharge such disorderly person from confinement, either absolutely or upon receiving sureties for his or her good behavior, in its discretion, or the said court may, in its discretion, authorize the county superintendents of the poor, or the commissioners of any alms-house, to bind out such disorderly persons as shall be minors in some lawful calling, as servants, apprentices, mariners, or otherwise, until they shall be of full age respectively, or to contract for the service of such disorderly persons as shall be of full age, with any person, as laborers, servants, apprentices, mariners, or otherwise, for any term not exceeding one year, which binding out and contracts shall be as valid and effectual as the indenture of any apprentice with his own consent and the consent of his parents, and shall subject the persons so bound out or contracted to the same control of their masters respectively, and of the court of sessions, as if they were so bound as apprentices. The said court may also, in its discretion, order any such disorderly person to be kept in the common jail, for any term not exceeding six months, at hard labor, or may direct that during any part of the time of imprisonment, not exceeding thirty days, such offender shall be kept on bread and water only. If there be no means provided in such jail for employing offenders at hard labor, the court may direct the keeper thereof to furnish such employment as it shall specify to such disorderly person as shall be committed thereto, either by a justice or any court, and for that purpose to purchase any necessary raw materials and implements, not exceeding in amount such sum as the court shall prescribe, and to compel such persons to perform such work as shall be so allotted to them.1 1 SECTION XIX. EXPENSES HOW DEFRAYED. The expenses incurred in pursuance of such order shall be paid to the keeper by the county treasurer on the production of the order of the court, and an account of the materials purchased, verified by the oath of the keeper.2 SECTION XX. ACCOUNTING FOR PROCEEDS OF LABOR. The keeper shall sell the proceeds of such labor, and shall account for the first cost of the materials purchased, and for onehalf of the surplus to the board of supervisors, and pay the same into the county treasury; and the other half of such surplus shall be paid to the person earning the same, on his or her discharge from imprisonment. The keeper shall account to the court, whenever required, for all materials purchased and the disposition of the proceeds of the earnings of such offenders.3 |