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Bourgeois' Case

7 Abb. N. Cas. 260 Court Court of General Sessions of the County of New York; English

Delivered by Sutherland, J.,

Contents

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p. 260
BOURGEOIS’ CASE.
Court of General Sessions of the County of New York;
November, 1878.

Headnote

Husband and Wipe.—Wane ant against Estate op Absconding Husband.—Commissioners op Charities and Corrections.
Upon proof that a husband has abandoned his wife and family, and that they are likely to become a charge upon the public for support, a police justice may issue a warrant to the commissioners of charities and corrections, directing them to seize any money of the husband on deposit in any savings bank within the county.
Such warrant should direct the commissioners to make an inventory of the property taken by them, and return it, with their proceedings, to the next court of sessions of the county.
The order of the court of sessions confirming the warrant, and ratifying the seizure of the property, may direct the commissioners to pay out of the money seized a specified sum per month to the wife, 1 for the maintenance of herself and her children.
Application by the commissioners of public charities and corrections for confirmation of warrant of seizure of personal property of an absconding husband.
This proceeding was instituted under 1 It. S. 615, § 8,[1] by an application to Police Justice Mokuaw, at the Jefferson Market police court, by Amelie Bour
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geois, for a warrant to seize moneys deposited by her husband, Máxime Ernest Bourgeois, alias Máxime Bourgeois, alias Ernest Bourgeois, in the Bowery, Bleecker street and Seamen’s Savings Banks, amounting in all to $1,550, on the ground of abandonment.
The husband was a cook in a restaurant in New York city, and, about six months before this application, went to France, leaving his wife and five children destitute.
The warrant, which was issued upon the affidavit of Mrs. Bourgeois, and the oral evidence of herself and her daughter, showing the abandonment, and her destitution and that of her family, was as follows:
“ City and County of New York, ss. : '
“ To the commissioners of public charities and correction of the city and county of New York:
“It appearing to me, a police justice of the city of New York, as well by the application and representations to me made by the commissioners of public charities and corrections of the city and county of New York, as upon due proof of the facts before me made, that Máxime Ernest Bourgeois, alias Máxime Bourgeois, alias Ernest Bourgeois, late of the city and county of New York, has absconded from his wife and children, leaving said wife and children likely to become chargeable to the public for support; and that the said Máxime Ernest Bourgeois, alias Máxime Bourgeois, alias Ernest Bourgeois, has some personal estate, in said city and county of New York, whereby the public may be wholly or in part indemnified against said charge, I authorize you to take and seize the following personal property of said Máxime Ernest Bourgeois, alias Máxime Bourgeois, alias Ernest Bourgeois, wherever the same may be in your county, to wit: One thousand dollars in money on deposit in the Seamen’s Bank for Savings, No. 74 Wall street, in the city of New York; five hundred dollars in money on de
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posit in the Bowery Savings Bank, No. 130 Bowery, in said city, and fifty dollars in money on deposit- in the Bank for Sayings, No. 67 Bleecker street, in said city, together with any and all interest which has or may hereafter accrue thereon, and you will immediately thereupon make an inventory of the property by you taken, and return the same, together with your proceedings, to the next court of sessions of said county.
. “Given under my hand and seal, at the city of New York, this 17th day of October, 1878.
“B. T. MORGAN, [l. s-.].
“ Police Justice,
“N. Y. city.”
The commissioners made the following inventory and return to the court of sessions, viz.:
[Title of cause.}
“To the court of sessions of the county of New York:
“We, the undersigned commissioners of public charities and corrections, of the city and county of New York, return as follows :
“ That on the 19th day of October, 1878, in the said city and county of New York, by virtue of a warrant issued on the 17th day of October, 1878, by his Honor B. T. Morgan, a police justice of the city of New York, we seized certain property of which the following is an inventory, to wit: One thousand dollars in money on deposit in the Seamen’s Bank for Savings, No. 74 Wall street, in said city; five hundred dollars in money on deposit in the Bowery Savings ■ Bank, No. 130 Bowery, in said city, and fifty dollars in money on deposit in the Bank for Savings, No. 67 Bleecker street, in said city.
“ All of which is herewith respectfully returned.” [Date.} [Signature of commissioners.}
Thereupon this application was made by the com
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missioners for a confirmation of the warrant, and, after an examination of several witnesses.
Albert W. Van Winlcle, for the commissioners and the application
Cited: 2 R. S. 5 ed. p. 837, § 8 ; Commissioners’ Attachment, 2 Abb. Pr. 83 ; People ex rel. Read v. Overseers of Poor of Triangle, 23 Barb. 236 .

City Judge, granted the following order:

[At the court of general sessions, &c.]

{Title of the cause.]

“The application of the commissioners of public charities and corrections, of the city and county of New York, for the confirmation of the warrant issued herein by the Hon. B. T. Morgan, one of the police justices of the city of New York, on the 17th day of October, 1878, and the seizure made pursuant thereto, coming on to be heard, and the court, for the purpose of inquiring into the facts and circumstances of this case, having examined and taken the testimony of Amelie Bourgeois, Bertha S. A. Bourgeois, John Ach and Patrick Shortell, and it appearing thereby that Máxime Ernest Bourgeois, alias Máxime Bourgeois, alias Ernest Bourgeois, has absconded from his said wife, Amelie Bourgeois, and their five children, to wit: Bertha S. A. Bourgeois, Camille A. Bourgeois, Jane P. Bourgeois, William Bourgeois and Edward M. Bourgeois, and that said wife and children are now destitute and without any means of support, and likely to become chargeable upon the public for their support, and that said husband has personal estate in the city and county of New York, consisting of money on deposit as follows : One thousand dollars in The Seamen’s Bank for Savings,’ five hundred dollars in 1 The Bowery Savings Bank,’ and fifty dollars in ‘The Bank for Savings,’ and it further appearing by the return and inventory of said commissioners

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that said pérsonal estate has been seized by them, as directed and required by said warrant.

“Now, on reading and filing the said warrant of Police Justice B. T. Morgan, and a copy of the affidavit on which the same was issued, and the inventory and return of said commissioners, and the testimony and proof taken on said examination and inquiry, and on motion of Albert W. Van Winkle, of counsel for said commissioners :

“ Ordered, that said warrant and seizure be and the same are hereby in all things confirmed, and it is further ordered that said commissioners of public charities and corrections, of the city and county of New York, pay to Amelie Bourgeois (from the said moneys seized by said commissioners under and pursuant to said warrant), the monthly sum or allowance of fifty dollars, payable each and every month after and from the month of October, 1878, and continuing said payments monthly, until' the further order or direction of the court, which monthly sum or allowance shall be applied by the said Amelie Bourgeois towards the maintenance of herself and said five children.”

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