be arrested and punished in the same manner as is now provided by law for the punishment of disorderly conduct tending to a breach of the peace in said city. And said boards may make proper provisions by rule to prevent undue publicity of proceedings before any city magistrate in respect of any charges, pending attempts to make arrests, and also in cases where there is good reason to think such publicity is sought for the gratification of malice or pernicious curiosity Subject to the rules which may be established for the holding of a part for the hearing of children's cases as provided in section thirteen hundred and ninety-nine of this act, a city magistrate shall be in constant attendance in each of the city magistrate's courts between the hours of nine o'clock in the morning and twelve o'clock noon, and between one o'clock and four o'clock in the afternoon on every day except Sundays and legal holidays, but including election day. [and the rules for rotation of magistrates to be made as provided in subdivision one of section five of said chapter six hundred and one of the laws of eighteen hundred and ninety-five shall not require the magistrates appointed in said second division to hold court in any other borough than that for which he was appointed; provided, however, that if a vacancy exists or the illness, absence or other inability of any magistrate assigned to hold any city magistrate's court in either division prevents his holding the same, any other city magistrate in the city of New York may hold such court.]

Establishment of part for children's cases in first division.

§ 1399. The board of city magistrates of the first division shall assign a separate part for the hearing and disposition of cases now within the jurisdiction of said magistrates involving the trial or commitment of children, which part may for convenience be called the children's court; and in all such cases the magistrate holding said court shall have all the powers, duties and jurisdiction now possessed by the city magistrates within said first division. Said children's court shall be held by the several magistrates in rotation in such manner as may be determined by said board, and shall be open on such days

and during such hours as the said board shall in its rules provide. Whenever, under any provision of law, a child under sixteen years of age is taken before a city magistrate in the first division sitting in any court other than the children's court, it shall be the duty of such magistrate to transfer the case to the children's court, if the case falls within the jurisdiction of said court as herein provided, and it shall be the duty of the officer having the child in charge to take such child before that court, and in any such case the magistrate holding said children's court must proceed to hear and dispose of the case in the same manner as if it had been originally brought therein. The board of city magistrates shall appoint a clerk for the children's court and such assistants as may be necessary, whose salaries shall be fixed by the board of aldermen on the recommendation of the board of estimate and apportionment. The said court shall be held, if practicable, in the building in which the offices of the department of public charities for the examination of dependent children are located, or if this shall not be practicable, the court shall be held in some other building as near thereto as practicable, to be selected by the commissioners of the sinking fund. Nothing herein contained shall affect any provisions of law with respect to the temporary commitment by magistrates of children charged with crime or held as witnesses for the trial of any criminal case, or the existing jurisdiction of the court of special sessions.

Court records.

$1400. Each police clerk shall keep books of record containing the name and sex, as near as may be, the age of all persons against whom complaints or charges have been made, the nature and date of the complaint or charge, and the name and residence of the complainant, giving street and number; the date and nature of all warrants or other process issued, and against whom; the dates, nature and result of all exam

inations; the date of the reception and the name and the disposition of all prisoners; the names of all persons waiving examinations; the names of all persons giving bail and its amount, and the names and residence of all bondsmen; the name, residence and the age, as near as possible, and the sex of all persons committed, fined, convicted, held for trial or sent to any other court for trial, and for what cause, and by what magistrate, and at what date; the date at which any fine is paid, by whom, and the amount; the name, residence, age and sex of all persons discharged, by what magistrate, of what charge, and at what date, together with a suggestion of the cause of such discharge; the place and date of filing and the result of the prosecution of recognizances; the name and address of any attorney appearing in respect of any charge or on any hearing, and the reasons for any unusual delay in any proceeding.

Qualifications of city magistrates.

§ 1401. No person shall be appointed to the office of city magistrate unless he shall have been admitted to practice as an attorney and counselor at law in the courts of this state. at least five years prior to the date of such appointment, unless he be a city magistrate in office on the first day of January, nineteen hundred and two. No city magistrate shall receive to his own use any fees or perquisites of office; nor shall any such magistrate hold any other public office, or carry on any business, or practice as an attorney or counselor at law in any court in this state, or act as referee or receiver; but each magistrate shall devote his whole time and capacity, so far as the public interests demand, to the duties of his office.

Salaries of city magistrates.

§ 1402. The salaries of the city magistrates now in office. and of their successors, to be paid in equal monthly installments, shall be as follows: The salary for each city magistrate for the first division shall be seven thousand dollars

per annum.

The salary of each city magistrate appointed from the borough of Brooklyn, in the second division, shall be six thousand dollars per annum. The salary of each city magistrate from the boroughs of Queens and Richmond shall be five thousand dollars per annum.

Inability of magistrate to act; transfer of charges.

§ 1403. If a vacancy exists in the office of city magistrate, or the illness, absence or other inability of any magistrate, assigned to hold any city magistrates' court in either division, prevent his holding the same, any other city magistrate in The City of New York, may hold such court, and the fact of such vacancy, illness, absence or other inability shall be adequate cause, without further entry upon the record, for the transfer of all pending charges or complaints in said court, if the magistrate appearing and holding such court shall elect to proceed therein. No charge, complaint or person brought before one city magistrate, except as provided in this section or in section thirteen hundred and ninety-nine of this act, shall be sent before another magistrate, except for adequate cause, to be fully and at once entered upon the records kept by the respective police clerks and signed by the magistrate, and no person shall be committed or recommitted for examination save for necessary cause, to be then clearly stated upon the record; the hearing upon any charge shall not be adjourned to another day without the reason therefor being entered upon such record, nor shall any charge be dismissed or any prisoner discharged without record thereof made as above provided.

Appeals from city magistrates.

§ 1404. [1412] All provisions of law conferring the right of appeal and prescribing the procedure on appeal to the court of general sessions of the peace in the [city and] county of New York from any judgment, order or other determination of a city magistrate [police justice], including a [judgment.

of] commitment under section two hundred and ninety-one of the penal code, or of any court held by a city magistrate, in force on the first day of January, nineteen hundred and two [police justice], shall apply to and regulate all appeals [from any judgment or other order or determination of a city magistrate in the county of New York,] and the right of appeal in all cases hitherto existing [to said court of general sessions from such judgment or other order or determination of such city magistrate in the county of New York] is hereby preserved and continued.[; and the like] The right of appeal [is hereby granted and conferred] from any [the] judgment, order or other determination of a city magistrate [elsewhere within The City of New York] in the second division, hitherto existing, to the county court of the county where the [same is made] said judgment, order or other determination. is made, is hereby preserved and continued.

Special sessions [in first division] continued.

$ 1405. [1391] The court of special sessions of The City [and county] of New York [now existing] is hereby continued with the same powers, duties and jurisdiction as it shall have by law on the first day of January, nineteen hundred and two. [thirty-first day of December, eighteen hundred and ninety-seven, except as herein otherwise provided, and shall be known as the court of special sessions of the first division of The City of New York, and the justices of said court. and the clerks, deputy clerks, and other employees thereof then in office, shall continue to hold their offices until the expiration of their respective terms. Their successors shall be appointed in the same manner and have the same salary, powers and duties as are provided by chapter six hundred and one of the laws of eighteen hundred and ninety-five.] The justices of the court of special sessions of the first and second divisions of The City of New York are hereby continued in office until the expiration of the terms for which they have been appointed, and their successors shall be appointed by the mayor for the term of ten years.