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§ 132. Support by mother. 1. If a mother of a child born out of wedlock be possessed of property and shall fail to support and educate her child, the court having jurisdiction, on the application of the guardian or next friend of the child or, if the child shall be chargeable or likely to become chargeable, of the officers mentioned in section one hundred and twenty-two, may examine into the matter and after a hearing may make an order charging the mother with the payment of money weekly or otherwise for the support and education of the child.
2. The court may require the mother to give security, by bond, with sufficient sureties approved by the court, for the payment of the order. In default of such security, when required, the court may commit her to jail, or put her on probation. At any time within one year she may be discharged from jail, but her liability to pay the judgment shall not be thereby affected.
3. Nothing in this section shall be deemed to relieve the father from liability for support and education of the child in accordance with the provisions of this article.
§ 133. False declaration of identity. The making of a false complaint as to the identity of the father, or the aiding or abetting therein, is punishable as for perjury.
§ 134. Probation. Upon a failure to give security as provided. in section one hundred and twenty-nine or section one hundred and thirty-two, the court, instead of imposing sentence or of committing the father or mother to jail, or as a condition of his or her release from jail, may place him or her on probation, upon such terms as to payment of support to or on behalf of the mother. or child, and as to personal reports, as the court may direct. Upon violation of the terms imposed, the court may proceed to impose the sentence and commit or recommit to jail in accordance with the sentence.
§ 135. Jurisdiction. Jurisdiction over proceedings to compel support is vested in the courts enumerated in section one hundred and twenty-two, paragraph three. It is not a bar to the jurisdiction of the court that the complaining mother or child resides in another county or state, if the defendant be a resident of this state. § 136. Appeals. An appeal in all cases may be taken from any final order or judgment of any court having jurisdiction of filiation proceedings, as provided for in this article, to the appellate division of the supreme court of the respective department within thirty days after the entry of said order or judg ment. But a defendant who has executed an undertaking to obey an order of filiation, as provided in section one hundred and twenty-nine, shall not appeal from any other part of said order than that which fixes the sum to be paid weekly or otherwise. No appeal, however, shall affect the security required to be given pursuant to section one hundred and twenty-nine. If any such appeal shall be taken by a guardian ad litem, appointed for the child by the court, the court may in its discretion grant an order I to audit and may allow payment, for the actual disbursements made by the said guardian ad litem for printing the papers nee
Code of criminal
pt. 6, tit.
L. 1909, ch. 55, 8 185 repealed.
essary for taking the appeal. In appeals in cases of filiation, a printed case on appeal or a printed brief shall not be required. When allowed by the judge and duly audited, said disbursements shall become a county charge and shall be paid by the county.
§ 137. Prosecuting official. It shall be the duty of the county attorney, or the attorney designated by the board of supervisors, or the corporation counsel of a city, in the county, city or town in which the complaint is made to prosecute either in person or by an assistant all cases relating to children born out of wedlock where the complainant is a poor law official.
§ 138. General provisions. In all records, certificates or other papers hereafter made or executed, other than birth records and certificates or records of judicial proceedings in which the ques tion of birth out of wedlock is at issue, requiring a declaration by or notice to the mother of a child born out of wedlock or otherwise requiring a reference to the relation of a mother to such a child, it shall be sufficient for all purposes to refer to the mother as the parent having the sole custody of the child, and no explicit reference shall be made to illegitimacy.
§ 139. Construction. All provisions of the penal law or of the code of criminal procedure or other statutes inconsistent with or repugnant to the provisions of this article shall be considered inapplicable to the cases arising under this article.
§ 2. Title five of part six and paragraphs three and four of section thirty-nine of chapter two of title five of part one of chapter four hundred and forty-two of the laws of eighteen hun5 dred and eighty-one and section one hundred and eighty-five of article fifteen of chapter fifty-five of the laws of nineteen hundred and nine are hereby repealed.
§ 3. This act shall take effect immediately.
AN ACT authorizing the town board of the town of Eastchester, in the county of Westchester, to control and maintain the Midland avenue drain in said town, providing for the enlargement, extension and improvement of said drain, authorizing the issuance of certificates of indebtedness and bonds of said town therefor, providing for the levying of a tax against the entire town for the payment of the principal and interest of said certificates of indebtedness and bonds, directing the adoption of an annual estimate or budget for the existing Midland avenue drainage district, providing for assessments within such existing Midland avenue district to pay the principal and interest of bonds heretofore issued and the cost of maintaining and repairing said drain and providing for a submission of a proposition as to the exercise of the powers and authorities hereby conferred to the electors of said town qualified to vote on propositions to be voted upon at a special town meeting of said town.
Became a law April 1, 1925, with the approval of the Governor.
three-fifths being present.
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Control and maintenance of Midland avenue drain and drainage district.. Notwithstanding any provision of law to
the contrary, the town board of the town of Eastchester in the county of Westchester shall have and is hereby vested with the control and maintenance of the Midland avenue drain in said town and the drainage district created therefor, and of the assessment of costs and expenses thereof which said district shall be managed and the costs and expenses thereof shall be assessed as in this act provided.
§ 2. Enlargement, extension and improvement of such drain; repair and maintenance of same. The town board of the town of Eastchester in the county of Westchester may authorize the enlargement, extension and improvement of said drain in whole or in part and shall maintain and repair the same and may make and modify the plans or maps thereof.
§ 3. Estimate of cost; certificates of indebtedness. In case such enlargement, extension, or improvement be authorized, the town board of the town of Eastchester in the county of Westchester shall thereupon estimate the cost thereof and make available the necessary money required therefor by the issuance from time to time of certificates of indebtedness of such town, to be payable out of the proceeds of bonds to be issued as provided by this act. Such town board may and they are hereby authorized to renew, extend or issue new certificates of indebtedness to redeem any certificates of indebtedness issued under this act.
§ 4. Letting of contract; employment of labor; additional estimates of cost. The town board of the town of Eastchester in the county of Westchester may provide for such enlargement, extension, or improvement by contract or by the employment of labor and the purchase of materials, but the cost thereof shall #include compensation of engineers and inspectors and the cost of the maps, plans, specifications and estimates therefor and the supervision thereof. In case the actual cost for such enlargement, extension, or improvement exceeds the estimated cost, such town board may make such additional estimates of cost as it deems necessary and proper and shall make available the necessary money in the same manner as the original estimate of cost.
§ 5. Issue and sale of town bonds. The town board of the town of Eastchester in the county of Westchester is hereby authorized and directed to issue from time to time bonds of said town to pay the estimated cost of such enlargement, extension or improvement and to take up the certificates of indebtedness so issued, including interest due on same. Such bonds shall be a charge against the entire town. Such town board shall determine the due dates of such bonds which shall not exceed thirty years from their respective dates of issue and the amounts of such bonds to become due each year, which shall be equal for each year excepting the first year, which may be of an odd amount, and the rate of interest of such bonds which shall not exceed six per centum (6%) per annum. Such bonds shall be sold for not less than their par value upon notice as provided by law and shall be signed by the supervisor of such town and attested by the town clerk of such town after affixing thereto the seal of such town.
§ 6. Town tax for payment of bonds and interest issued under this act. It shall be the duty of the town board of the town of Eastchester in the county of Westchester to cause to be raised annually by tax upon the taxable property of the entire town of the town of Eastchester in the same manner as other taxes are levied and collected, a sufficient sum to pay the interest upon said certificates of indebtedness and bonds when and as the same shall become due and payable and also to raise by tax upon the taxable property of the entire town of the town of Eastchester the money necessary to pay the principal of said bonds as the same shall become due.
§ 7. Acquisition of property by purchase and condemnation; map. If in the enlargement, extension or improvement to such drain as provided by this act, it becomes necessary to acquire land therefor, the town board of the town of Eastchester in the county of Westchester is hereby authorized to acquire the same either by purchase or by condemnation, as provided by the condemnation law. Title to such land shall be taken in the name of the town of Eastchester and the costs and expenses incurred in connection with the acquisition of same shall be a part of the cost of such enlargement, extension or improvement. In case it is necessary to acquire any such lands by condemnation, title to the land condemned shall vest in the town of Eastchester on the filing of the oaths of the condemnation commissioners. In such case interest shall be allowed on the awards from the date of the filing of the oaths of the commissioners and any such awards, interest and other condemnation expenses shall be payable within four months out of the proceeds of certificates of indebtedness issued as provided by this act. In case of neglect or default in the payment of the same within the time aforesaid, the respective person or persons, or bodies incorporate in whose favor the same shall be reported, his, her, or their executors, administrators or successors at any time or times after application first made by him, her, or them to the supervisor of said town for payment thereof may sue for and recover the same with lawful interest as aforesaid and the costs of suit in any proper form of action against the town of Eastchester in any court having cognizance thereof and in such action it shall be sufficient to declare generally for so much money due to the plaintiff by virute of this act for real estate taken or acquired for the purposes herein mentioned. The order confirming report of said commissioners with proof of the right and title of the plaintiff and plaintiffs to the sum or sums demanded shall be conclusive evidence in such suit or action. Such town board shall cause to be prepared a map or plan showing the parcels of land to be acquired and file the same in the county clerk's office of the county of Westchester before proceeding to acquire the same either by purchase or condemnation.
§ 8. Annual estimate or budget; district assessment. town board of the town of Eastchester in the county of Westchester shall each year before the levy of taxes make up an estimate or budget for the Midland avenue drainage district which
shall give the estimated sum required for maintaining and repairing the drain within such district and all other lawful charges against such district, including the money necessary to pay the principal and interest on bonds heretofore issued and shall levy and assess the amount thereof from year to year upon all the lands within such district, subject to general taxation according to their assessed valuation. The annual assessment rolls of such town shall be used for the purpose of such assessments and the assessors of said town shall make the annual assessment roll in such form as shall show the parcels of land subject to such assessment. Such assessment roll shall also show the aggregate assessed value of all such parcels and shall contain a column for extending the drainage assessments against such parcels. Complaints in relation to assessments for the drainage assessment shall be heard at the same time as complaints are heard for the general tax and such rolls shall be open for inspection accordingly. All provisions of law affecting special assessments shall apply in so far as the same are applicable. Any balance remaining in any such budget shall be credited in the succeeding budget.
§ 9. Submission to taxpayers; form of question. The powers and authorities hereby granted shall not be exercised until at a special town meeting of the town of Eastchester in the county of Westchester a proposition therefor has been submitted to the electors of said town qualified to vote on propositions and have received a majority of all the votes cast for and against it at such meeting and the same shall be submitted to such electors of said town at a special town meeting to be held as provided by law, at such time as the town board of such town may on its own motion direct. The ballots to be furnished for the use of the electors upon the submission of this law shall be in the form prescribed by the lection law. The question submitted shall be printed in the notice of meeting and on the ballot in substantially the following form, namely:
"Shall the town board of the town of Eastchester in the county of Westchester exercise the powers and authorities conferred by chapter (here insert the number of the chapter) of the laws of nineteen hundred and twenty-five entitled 'An act authorizing the town board of the town of Eastchester in the county of Westchester to control and maintain the Midland avenue drain in said town, providing for the enlargement, extension and improvement of said drain, authorizing the issuance of certificates of indebtedness and bonds of said town therefor of said town,* providing for the levying of a tax against the entire town for the payment of the principal and interest of said certificates of indebtedness and bonds, directing the adoption of an annual estimate or budget for the existing Midland avenue drainage district, providing for assessments within such existing Midland avenue district to pay the principal and interest of bonds heretofore issued and the cost of maintaining and repairing said drain and providing for a submission of a proposition as to the exercise of the powers and * So in original. [Words "of said town" repeated.]