People v. Crispi

Citations

• 106 A.D. 176
• 19 N.Y. Crim. 492
• 94 N.Y.S. 372

Syllabus

<p>Bastardy proceedings in New York city — increase in the amount to be paid—it must be ordered by the Court of Special Sessions on the application of the commissioner of public charities — the order is renewable by the Appellate Division.</p> <p>The jurisdiction conferred upon the County Court by section 859 of the Code of Criminal Procedure to reduce or increase the amount to be paid under an order of affiliation in bastardy proceedings is conferred within the territorial limits of the city of New York upon the Courts of Special Sessions of that city. (Laws of 1901, chap. 466, § 1409, subd. 3.)</p> <p>The exercise of the jurisdiction to increase the amount directed to be paid must, however, be made upon the application of one of the officers mentioned in section 840 of the Code of Criminal Procedure, viz., a superintendent of the poor of the county where the distinction between town and county poor has been abolished, or, where such distinction is still maintained, an overseer of the poor or other officer of the almshouse of the town or city where the woman is.</p> <p>In the city of New York, such an application must be made by the commissioner of public charities who exercise's the functions of a superintendent or overseer of the poor in other counties, and such application bannot be made by the cor poration counsel on his own initiative.</p> <p>Within the city of New York, orders of the Court of Special Sessions in bastardy proceedings are reviewable by the Appellate Division. (Laws of 1901, chap. 466, § 1414.)</p>