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§ 3. Subdivision four of such section fourteen hundred and subd. 4 twenty-five of such chapter is hereby amended to read as follows: amended.

4. Digs, takes, or carries away without lawful authority or con- Taking sent from any lot of land in any city or incorporated village, or stone from any lands included within the limits of a street or avenue laid from lot. down on the map of such city or village, or otherwise recognized or established, any earth, soil, or stone, or,

§ 4. This act shall take effect immediately.

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AN ACT to amend the penal law, in relation to the unauthorized use of

emblems on motor vehicles.

ch. 88, $ 2210, subd. 1 amended.

2

authorized use of

of

Became a law April 1, 1925, with the approval of the Governor. Passed,

three-fifths being present. The People of the State of New York, represented in Senate and Assembly, a do enact as follows:

Section 1. Subdivision one of section twenty-two hundred and 1. 1999, forty of the penal law, is hereby amended to read as follows:

1. Any person who wilfully wears, or attaches to any motor vehicle, the badge, insignia, rosette or the button of the Grand unArmy of the Republic, the insignia, badge or rosette of the Military author Order of the Loyal Legion of the United States or Military Order insignia, of Foreign Wars of the United States, or the badge or button of the certain United Spanish War Veterans, the Veterans of Foreign Wars of organiza

the United States, the American Legion, the Military Order of the 1

World War, or the Order of Patrons of Husbandry, or the Benevolent and Protective Order of Elks of the United States of America, or the insignia or emblem of the Grand Lodge of Free and Accepted Masons of the State of New York, or of any society, order or organization, of ten years' standing in the state of New York, or uses the same to obtain aid or assistance within this state, or wilfully uses the name of any such society, order or organization, or the titles of its officers, or uses its insignia or emblems, or the forms or designs thereof, or its ritual or ceremonies, unless entitled to use or wear the same under the constitution and bylaws, rules and regulations of such order or of such society, order or organization, is guilty of a misdemeanor.

§ 2. This act shall take effect September first, nineteen hundred In effect and twenty-five.

4 The legislative bill, as originally introduced, sought to amend subds. 3, 4. However in course of passage through the legislature the bill was so amended as to leave these subdivisions to read as formerly.

1 As amended by L. 1914, ch. 149; L. 1915, ch. 320; L. 1919, ch. 418; L. 1921, chi 42; L. 1924, cha 576. 2 Words or attaches to any motor vehicle," new,

18

Sept. 1, 1925.

66

tion; and such expenses in connection with the pregnancy of the mother as the court may deem proper.

§ 128. Payment to trustee. The court may require the payment to be made to the mother, or to some person or corporation to be designated by the court as trustee, but if the child is or is likely to become a public charge on a county, city or town, the superintendent of the poor of that county or the overseer of the poor of that town shall be made the trustee. The pay. ment shall be directed to be made to a trustee if the mother does not reside within the jurisdiction of the court. The trustee shall report to the court annually, or oftener, as directed by the court, the amounts received and paid over.

$ 129. Security; commitment; probation. 1. The court may require the father to give security by bond, with sufficient sureties approved by the court, for the payment of the order of filiation. In case the action has been instituted by the county superintendent of the poor or the overseer of the poor, the defendant shall also be required to give security that he will indemnify the county, city or town whero the child was or may be born and every other county, city or town against any expense for the support and education of the child or for the support of its mother during her confinement and recovery, or that the sureties will do so. In default of such security, when required, the court may commit him to jail, or put him on probation. At any time within one year he may be discharged from jail, but his liability to pay the judgment shall not be thereby affected.

2. Where security is given and default is made in any pay. ment the court shall cite the parties bound by the security requiring them to show cause why judgment should not be given against them and execution issued thereon. If the amount due and unpaid shall not be paid before the return day of the citation, and no cause be shown to the contrary, judgment shall be rendered against those served with the citation for the amount due and unpaid together with costs, and execution shall issue therefor, saving all remedies upon the bond for future default. The judgment is a lien on real estate and in other respects enforceable the same as other judgments. The amount collected on such judgment or such sums as may have been deposited as collateral, in lieu of bond when forfeited, may be used for the benefit of the mother or child, as provided for in the order of filiation.

$ 130. Contempt process. The court also has power, on default as aforesaid, to adjudge the father in contempt and to order him committed to jail in the same manner and with the same powers as in case of commitment for default in giving security. The commitment of the father shall not operate to stay execution upon the judgment of the bond.

$ 131. Continuing jurisdiction. The court shall have continuing jurisdiction over proceedings brought to compel support and education and to increase or decrease the amount fixed by the order of filiation, until the judgment of the court has been completely satisfied.

§ 132. Support by mother. 1. If a mother of a child born 1 out of wedlock be possessed of property and shall fail to support

and educate her child, the court having jurisdiction, on the ap#plication 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 abet

ting therein, is punishable as for perjury. T

§ 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. 2015

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 judgment. 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 to audit and may allow payment, for the actual disbursements made by the said guardian ad litem for printing the papers nee

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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 other. wise 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 hunpt. 6, tit

. 5 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.

Code of
criminal
procedure,
$ 39,
11 3, 4;

(88 838886); L. 1909, ch. 55, $ 185 repealed.

CHAPTER 256
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 as.
sessments 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. Passed,

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

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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 cnlargement, 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 10!

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 e 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.

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