6. Jugglers, common showmen and mountebanks, who exhibit or perform for profit, puppet shows, wire or rope dancers, or other idle shows, acts or feats; 7. Persons who keep, in a public highway or place, an apparatus or device for the purpose of gaming, or who go about exhibiting tricks or gaming, therewith; 8. Persons who play, in a public highway or place, with cards, dice or any other apparatus or device for gaming; 9. Habitual criminals within the provisions of this Code. (a) Disorderly person defined. -A house where games such as pool and bagatelle are played, the loser paying for the drinks, is a public nuisance and the keeper thereof a disorderly person. (People v. Cutler, 1 N. Y. Cr. R., 178.) (b) Refusal to support wife.-A person refusing to support or permit his wife to reside with him is within the statute. (People v. Carroll, 3 Park, 73.) It is no defense in a proceeding against a disorderly person for abandoning his wife, that she left her husband's house, if it appear she had reasonable cause to do so, because she was in imminent danger of suffering violence at the hands of her husband. (People ex rel. Schrerer v. Walsh, 2 N. Y. Cr. R., 325.) It is therefore error to exclude testimony showing it was unsafe for the wife to remain in her husband's house. (Ib.) (c) The common-law remedy by the indictment against a person keeping a bawdy-house was not abolished or superseded by the provision of the Code of Criminal Procedure as to disorderly persons. (People ex rel. Van Houton, v. Sadler, 97 N. Y., 146; 3 N. Y. Crim. R. 471.) (f) The fact that the child has voluntarily left its home does not absolve the father from his obligation to support and maintain it, nor relieve him from liability under this section for a failure to do so. (People v. Strickland, 13 Abb. N. C., 473.) § 900. On complaint, warrant to be issued. Upon complaint on oath, to a justice of the peace or police justice of a city, village or town, or to the mayor, recorder, city judge or judge of the general sessions of the city, against a person, as being disorderly, the magistrate must issue a warrant, signed by him, with his name of office, requiring a peace officer to arrest the defendant, and bring him before the magistrate for examination. (a) A justice not a court.-The justice is deemed to act as a magistrate and not as a court of special sessions. (People ex rel. Scherer v. Walsh, 2 N. Y. Cr. R., 327.) § 901. On confession or proof that he is a disorderly person, security to be required. If the magistrate be satisfied, from the confession of the defendant, or by competent testimony, that he is a disorderly person, he may require that the person charged give security, by a written undertaking, with one or more sureties approved by the magistrate, to the following effect: 1. If he be a person described in the first or second subdivision of section eight hundred and ninety-nine, that he will support his wife and children, and will indemnify the county, city, village or town against their becoming, within one year, chargeable upon the public; 2. In all other cases, that he will be of good behavior for the space of one year ; Or that the sureties will pay the sum mentioned in the undertaking, and which must be fixed by the magistrate. (1) Bawdy-house keepers.-The keeper of a bawdy-house may be compelled to give bonds and may also be indicted under ante § 322. (People ex rel. Van Houton v. Sadler, 3 N. Y. Cr. R., 473.) (b) Fine and imprisonment.-A defendant convicted of disorderly conduct cannot be sentenced to give security to keep the peace, in addition to being sentenced to pay a fine and stand committed until paid. (Matter of Davis, 1 N. Y. Crim. R., 58.) (c) The power of police justices, under former statutes, to sentence persons convicted of disorderly conduct, to give security for their good behavior for a period not exceeding twelve months, and to stand committed for a period not exceeding twelve months in default of security, is not affected by the Code of Criminal Procedure. (Matter of McMahon, 64 How., 285.) (d) Bail on disorderly conduct.--The power of a police justice to require bail in a case of conviction of disorderly conduct, and to commit in default thereof, has not been affected by the Code of Criminal Procedure. (Matter of McMahon, 64 How., 285; 1 N. Y. Crim. R., 58.) (e) A bond taken for a greater sum than required by the order of the magistrate of a person declared a disorderly person is void. (Board, etc., v. Hammill, 19 Week. Dig., 495.) (f) Not entitled to jury trial.-A person under this section is not entitled to a jury trial. (Duffy v. People, 1 Hill, 355; 6 id., 75.) (g) Confession.-A confession on which a justice may convict, means a plea of guilty or some acknowledgment tantamount thereto. (Bennac v People, 4 Barb., 164.) (h) The power of discharging a person who has become surety for the good behaviour of one charged with disorderly conduct, from such suretyship is vested in the magistrate who required the surety. (People v. McQuaide, 12 N. Y. State Rep., 673.) § 902. If security given, defendant to be discharged; if not, to be convicted; form of certificate.-If the undertaking be given, the defendant must be discharged. But if not, the magistrate must convict him as a disorderly person, and must make, and sign with his name of office, a certificate in substantially the following form: the "I certify that A. B., having been brought before me charged with being a disorderly person, I have duly examined the charge, and that upon his own confession in my presence [or upon testimony of C. D.,' etc., naming the witnesses], by which it appears that he is a [pursuing the description contained in the subdivision of section eight hundred and ninety-nine, which is appropriate to the case], I have adjudged that he is a disorderly person. "Dated at the town for 'city'] of the day of "E. F., "Justice of the peace of the town of แ "[Or as the case may be.]" § 903. (Amended 1882.) Certificate to constitute record of conviction, and to be filed; commitment thereon. The magistrate must immediately cause the certificate, which constitutes the record of conviction, 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 defendant to the county jail, or in the city of New York, to the city prison or penitentiary of that city, or in the county of Kings, to the penitentiary of that county, for not ex ceeding six months at hard labor, or until he give the security prescribed in section nine hundred and one. 904. Undertaking, when forfeited. The undertaking mentioned in section nine hundred and one is forfeited by the commission of any of the acts which constitute the person by whom it was given a disorderly person, and in the case of a person described in the seventh and eighth subdivisions of section eight hundred and ninety-nine, by his playing or betting, at one time or sitting, for money or property exceeding the value of two dollars and fifty cents. § 905. How prosecuted, and proceeds how applied.-When an undertaking is forfeited, it may be prosecuted in the name of the county superintendents of the poor, or the overseers of the poor of the town, or in the city of New York, in the name of the corporation of that city, and the sum collected in the action must be paid into the county or city treasury, as the case may be, for the benefit of the poor. (a) Disorderly person.-A justice of the Albany police court may sentence a disorderly person to Albany penitentiary instead of county jail. (Matter of Wacher, 62 How., 352; People v. Coffee, id., 445.) It is no defense to the action that no expense has been incurred by the county. (People v. Pettit, 3 Hun, 416.) § 906. When new security may be required, or defendant committed after recovery on undertaking.-Upon a recovery on the undertaking, the court in which it is had, may require from the defendant new security in the manner provided in section nine hundred and one, or if he fail to give it, may commit him in the manner provided in section nine hundred and three. § 907. (Amended 1884.) Defendant committed for not giving security; how discharged.—A person committed as a disorderly person, on failure to give security, may be discharged by any two justices of the peace or police justices or the county judge of the county, upon giving security as originally required, pursuant to section nine hundred and one. § 908. Keeper of prison, to return list of disorderly persons committed to court of sessions.-The keeper of every prison to which disorderly persons may be committed, must return to the court of sessions of the county, on the first day of each term, a list of the persons so committed, and then in his custody, with the nature of the offense of each, the name of the magistrate by whom he was committed, and the term of his imprisonment. § 909. Examination of the case by the court.-The court of sessions must thereupon inquire into the circumstances of each case, and hear any proof that may be offered, and must examine the record of conviction, which is evidence of the facts contained in it, until disproved. § 910. Court may discharge, or authorize the binding out of disorderly person. The court may discharge a person so committed : from imprisonment, either absolutely 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, commissioners of charities and corrections, 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 court of sessions of the county as if he were bound as an apprentice. § 911. Court may also commit him to prison; nature and duration of imprisonment.—The court may also, in its discretion, order a person convicted as a disorderly person, to be kept in the county jail, or in the city of New York, in the city prison or penitentiary of that city, for a term not exceeding six months at hard labor. § 912. Order to procure materials and implements, and to compel him to work. If there be no means provided in the prison for employing the offender at hard labor, the court may direct the keeper to furnish him such employment as it may specify, and for that purpose to purchase materials and implements, not exceeding a prescribed value, and to compel the offender to perform the work allotted to him. The expenses incurred in carrying the order into effect must be paid to the keeper by the county treasurer, upon the delivery to him of the order of the court, and an account under the oath of the keeper, of the materials and implements furnished. § 913. Expense of materials or implements, how paid for, and proceeds of labor, how disposed of.-The keeper must sell the produce of the labor of the offender, and must account for the cost of the materials or implements purchased, and for one-half of the surplus, to the board of supervisors, and pay it into the county treasury, and pay the other half of the surplus to the person by whom it was earned, on his discharge from imprisonment. He must also account to the court, when required, for the materials or implements purchased, and for the disposition of the proceeds of the labor of the offender. TITLE VIII. 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, by whom and how applied for to court of sessions. 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. 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. § 914. Who may be compelled to support poor relatives.-The father, mother and children, 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 town where he is, or in the city of New York, by the commissioners of charities and corrections. 2 R. S. 6th Ed., SOS, § 1. (a) Who must support relatives.—Children and a grandchild are liable to support their indigent parents and grand parents. (Ex parte Hunt, 5 Cow., 284.) (b) Husband not bound to support bastards or step-children of his wife.-A husband is not bound to maintain wife's children or bastard children born before marriage. (Menden v. Cox, 7 Cow., 235.) (c) Nor of his wife's mother. (Anon., 3 N. Y. Leg. Obs, 354.) (d) Liability of children several.-The liability of children is general, and two out of five children of a poor person may be ordered to support him; and to contribute in unequal amounts. (Stone v. Bargess, 2 Lans., 439; 47 N. Y., 521.) (e) No common-law obligation.—There is no common-law obligation on the part of a child to support a parent; it is purely statutory. (Edwards v. Davis, 16 Johns., 281.) § 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 |