persons to perform the duties of probation officer as hereinafter described, within the jurisdiction and under the direction of said court or justice, to hold such office during the pleasure of the court or justice making such appointment. Such probation officer may be chosen from among private citizens, male or female, clerks or assistants of the court making the appointment, or from the officers, deputies, assistants or clerks of the district attorney's office in the county wherein the court making the appointment is held. Any officer or member of the police force of any city or incorporated village who may be detailed to duty in such courts, or any constable or peace officer, may be employed as probation officer upon the order of any court or justice as herein provided. No probation officer appointed under the provisions of this section shall receive compensation for his services as such probation officer, but this shall not be construed to deprive any court clerk or court assistant or any officer, deputy assistant or clerk of a district attorney's office, or any officer or member of the police force, or any constable or peace officer, appointed probation officer as herein provided, from receiving the salary or compensation attached to his said official employment.

2. Every probation officer so appointed shall when so directed by the court inquire into the antecedents, character and offense of persons over the age of sixteen years arrested for a crime within the jurisdiction of the court appointing him and shall report the same to the court. It shall be his duty to make such report of all cases investigated by him, of all cases placed in his care by the court and of any other duties performed by him in the discharge of his office, as shall be prescribed by the court or justice making the appointment, or his successor, or by the court or justice assigned to the case to him, or his successor, which report shall be filed with the clerk of the court, or where there is no clerk, with the justice thereof. He shall furnish to each person released on probation committed to his care a written statement of the terms and conditions of his probation, and shall report to the court or justice appointing him any violation or breach of the terms and conditions imposed by said court, of the persons placed in his care. Such probation officer shall have, as to the persons so committed to their care, the powers of a peace officer.

§ 2. Sections 483, 487, 941, 942, 943 and 946 of the code of criminal procedure, are amended to read as follows:

§ 483. After a plea or verdict of guilty, in a case where a discretion is conferred upon the court as to the extent of the punishment, the court, upon the suggestion of either party that there are circumstances, which may be properly taken into view, either in aggravation cr mitigation of the punishment, may, in its discretion, hear the same summarily at a specified time, and upon such notice to the adverse party as it may direct. At such specified times, if it shall appear by the record and the circumstances of any person over the age of sixteen years convicted of crime, that there are circumstances in mitigation of the punishment, the court shall have power, in its discretion, to place the defendant on probation in the manner following:

1. If the sentence be suspended, the court upon suspending sentence, may direct that such suspension continue for such period of time and upon such terms and conditions as it shall determine, and shall place such person on probation under the charge and supervision of the probation officer of said court during such suspension.

2. If the judgment is to pay a fine and that the defendant be imprisoned until it be paid, the court upon imposing sentence, may direct that the execution of the sentence of imprisonment be suspended for such period of time, and on such terms and conditions as it shall determine, and shall place such defendant on probation under the charge and supervision of the probation officer during such suspension provided, however, that upon payment of the fine being made, the judgment shall be satisfied and the probation cease.

3. At any time during the probationary term of a person convicted and released on probation in accordance with the provisions of this section, the court before which, or the justice before whom the person so convicted was convicted, or his successor, may, in his or its discretion, revoke and terminate such probation. Upon such revocation and termination, the court may, if the sentence has been suspended, pronounce judgment at any time thereafter, within the longest period for which the defendant might have been sentenced, or, if judgment has been pronounced and the execution thereof has been suspended the court may revoke such suspension, whereupon the judgment shall be in full force and effect for its unexpired term.

§ 487. If the judgment be imprisonment, or a fine and imprisonment until it be paid, the defendant must forthwith be committed to the custody of the proper officer

and by him detained, until the judgment be complied with. Where, however, the court has suspended sentence or where after imposing sentence, the court has suspended the execution thereof and placd the defendant on probation as provided in section 483 of the code of criminal procedure, the defendant over the age of sixteen years must forthwith be placed under the care and supervision of the probation officer of the court committing him, until the expiration of the period of probation and the compliance with the terms and conditions of the sentence or of the suspension thereof. Where, however, the probation has been terminated, as provided in paragraph 4 of section 483 of the code of criminal procedure, and the suspension of the sentence or of the execution revoked, and the judgment pronounced, the defendant must forthwith be committed to the custody of the proper officer and by him detained until the judgment be complied with.

§ 941. Within ten days after the adjournment of any criminal court of record in this state, the district attorney of the county in which the court shall be held shall furnish to the clerk of the county a certified statement containing the names of all persons convicted of crimes in said court; the crime for which convicted; whether the conviction was upon a trial or upon a plea of guilty and whether sentence was suspended or the defendant placed on probation; the cases in which counsel were assigned by the court to defend the defendant; the sex, age, nativity, residence and occupation of the defendant; whether married or single; the degree of education and religious instruction; whether parents are living or dead; whether temperate or intemperate and whether before convicted or not of any crime, and any other information regarding them as may seem to him expedient. If necessary in order to obtain the information of these facts the defendant may be interrogated upon oath in court by the district attorney before judgment is pronounced. He shall also furnish to the clerk of the court a certified statement containing the names of all probation cfficers appointed by the court with their addresses and date of appointment.

§ 942. The clerk or the deputy clerk of the court cf special sessions in the city and county of New York shall on or before the first day of February, 1895, and quarterly thereafter, transmit to the secretary of state a tabulated and certified statement, in the form prescribed by the secretary of state, containing the name of every person convicted of a crime, of every person against whom sentence was suspended, and of every person placed on probation in such court, after October 31, 1894, and since the date of the closing of each last preceding quarterly report; a description of the offense of which such person was convicted; whether the conviction was upon a trial or upon a plea of guilty; and the fate of the conviction; and also a certified statement containing the names of all probation officers appointed by the court with their address and date of appointment. The police clerks of the city magistrates of the city of New York, shall on or before February 1, 1901, and annually thereafter transmit to the secretary of state, a tabulated statement made from their records, showing the number of males and females convicted of crimes during each month in the preceding quarter in the several courts of such city magistrates; the number convicted of each offense, the number sentenced the number fined the number of those against whom sentence was suspended and the number placed on probation; and shall also furnish a certified statement containing the names of all probation officers appointed by the magistrates with their address and date of appointment. Such statement shall be in the form prescribed by the secretary of state.

§ 943. On and before the first day of February 1895 and quarterly thereafter the clerk of each court shall transmit to the secretary of state a tabulated and certified statement, in the form prescribed by the secretary of state, of all the matters contained in the statements filed with such clerks by the district attorney of such county after October 31, 1894; and of the name of each person shown to be convicted by a court of special sessions by the certificate of conviction filed with him by magistrates holding courts of special sessions after October 31, 1894, and since the date of the closing of each last preceding quarterly report made after October 31, 1894, and showing the offense for which each person was so convicted, whether the conviction was upon a trial or upon a plea of guilty; the sentence imposed, whether the sentence was suspended, and whether the defendant was placed on probation. Said certified statement shall also contain the names of all probation officers appointed by said courts of special sessions with their address and the date of their appointment.

§ 946. The secretary of state shall cause this title to be published with forms and instructions for the execution of the duties therein prescribed, and copies thereof to

be furnished annually to each county clerk. The forms furnished by the secretary of state as herein provided, shall contain in tabulated form, the nature of every offense upon which a conviction was had, the court before which the defendant was convicted, the character of the sentence imposed, the cases where the defendant had been previously convicted, the cases where the sentence was suspended, the cases where the defendant was placed on probation and the cases where the probation was revoked, together with the age, sex, nativity and residence of defendant. And a sufficient number of the copies of this title and of such instructions, and of the forms to be used by the district attorney, or clerk or deputy clerk of the court of special sessions of the city and county of New York, shall also be furnished to each clerk to enable him to furnish at least one copy thereof annually to the district attorney, and the clerk of the court of special sessions of the city and county of New York and the county clerk shall distribute the copies of this title and of such forms and instructions accordingly and when said county clerk is not a salaried officer his disbursement and compensation for his services under this act shall be a county charge. The expense of the secretary of state in publishing this title and distributing copies thereof, and of such forms and instructions as are herein required, shall be paid by the treasurer of the state, upon the warrant of the comptroller from moneys in the treasury not otherwise appropriated.

§ 3. All acts or parts of acts inconsistent with the provisions of this act, in so far as inconsistent therewith, are hereby repealed.

§ 4. This act shall take effect September 1, 1901.

Probation Officers.

Chapter 627, May 1, 1901: amdg. 1891 ch. 105 by adding § 384B, 384c. Section 1. Chapter 105 Laws 1891, entitled "An act to revise the charter of the city of Buffalo," is hereby amended by adding therein after section 384-a, two new sections to be known as sections 384-b, 384-c, to read as follows:

§ 384-b. The police justice shall have authority to appoint or designate not more than five discreet persons of good character to serve as probation officers during the pleasure of the police justice; said probation officer to receive no compensation from the public treasury. Whenever any child under or apparently under the age of sixteen years shall have been arrested, it shall be the duty of said probation officers to make such investigation as may be required by the court, to be present in court in order to represent the interests of the child; when the case is heard to furnish to the police justice such information and assistance as he may require, and to take charge of any child before and after trial as may be directed by the court.

§ 384-c. Whenever any such child is found guilty or pleads guilty to the commission of any crime or misdemeanor before the police justice, the said police justice may in his discretion suspend sentence during the good behavior of the child so convicted. The child so convicted may be placed in the care of said probation officer for such time not to exceed three months and upon such conditions as may seem proper. Said probation officers shall have the power to bring the child so convicted before the police justice at any time within three months from the date of conviction for such disposition as may be just. When practicable said child shall be placed with the probation officer of the same religious faith as that of the child's parents.

§ 2. This act shall take effect immediately.

Probation Officers.

Chapter 549, April 11, 1902: amdg. 1901 ch. 627.

AN ACT to amend chapter one hundred and five of the laws of eighteen hundred and ninety-one, entitled "An act to revise the charter of the city of Buffalo," in relation to probation officers appointed by the police justice.

Section 1. Sections three hundred and eighty-four-b and three hundred and eightyfour-c of chapter one hundred and five of the laws of eighteen hundred and ninetyone, entitled "An act to revise the charter of the city of Buffalo," as added thereto by chapter six hundred and twenty-seven of the laws of nineteen hundred and one, are hereby amended to read, respectively, as follows:

§ 384-b. The police justice shall have power to appoint or designate not more than ten discreet persons of good character to serve as probation officers during the pleasure of the police justice; said probation officers to receive no compensation from the public treasury. Whenever any child under or apparently under the age of sixteen years shall have been arrested, it shall be the duty of said probation officers to make such investigation as may be required by the court, to be present in court in order to represent the interests of the child; when the case is heard to furnish to the police justice such information and assistance as he may require, and to take charge of any child before and after trial as may be directed by the court.

§ 384-c. Whenever any such child is found guilty or pleads guilty to the commission of any crime or misdemeanor before the police justice, the said police justice may in his discretion suspend sentence during the good behavior of the child so convicted. The child so convicted may be placed in the care of said probation officer for such time not to exceed three months and upon such conditions as may seem proper. Such time may be extended one or more additional terms, not exceeding three months each, by the police justice in his discretion. Said probation officers shall have the power to bring the child so convicted before the police justice at any time during the probation for such disposition as may be just. When practicable said child shall be placed with a probation officer of the same religious faith as that of the child's parents.

§ 2. This act shall take effect immediately.

New York City-Children's Court.

Chapter 590, April 14, 1902: amdg. 1901 ch. 466, § 1418, 1505, and adding § 1419. AN ACT to amend the Greater New York charter, relative to inferior courts of criminal jurisdiction,

Section 1. Section one thousand four hundred and five of the Greater New York charter, as re-enacted by chapter four hundred and sixty-six of the laws of nineteen hundred and one, is hereby amended to read as follows:

§ 1405. The court of special sessions of the city of New York is hereby continued with all the powers, duties and jurisdiction it now has by law, and the court of the first division, and the justices thereof shall have such additional powers, duties and jurisdiction, as are contained in and conferred by a section hereinafter added to said charter, to be known as section one thousand four hundred and nineteen. 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 a term of ten years. There shall be six justices of special sessions for the first division and five for the second division. Within twenty days after this act takes effect, the mayor shall appoint one additional justice for the first division for a term of ten years, whose powers, duties, jurisdiction and compensation shall be the same; whose successor shall be selected in like manner and who shall possess all the requirements for appointment as those hereby continued in office.

§ 2. Section one thousand three hundred and ninety-nine of said act is hereby amended so as to read as follows:

§ 1418. The justices of special sessions of the first division shall, as soon as a special court building can be put in readiness, assign a separate part for the hearing and disposition of cases heretofore within the jurisdiction of city magistrates involving the trial or commitment of children, which part shall be called the children's court; and in all such cases the justice or justices holding said court shall have all the powers, duties and jurisdiction now possessed by the city magistrates within said first division, and such other and further powers, duties and jurisdiction as are contained in the following section. Said children's court shall be held by one or inore of the justices of special sessions of the first division, as the circumstances require in such manner as the said justices shall by rule provide. Whenever, under any provision of law, after said separate part shall be assigned, a child under sixteen years of age, unless jointly charged with one or more persons above that age, is taken into custody, it shall be the duty of the officer having the child in charge, and at the earliest time when a justice will be present, to take such child before the children's court, and shall not take said child, knowingly, to any city magistrate's court, or before any city magistrate, except for the purpose of giving bail.

If through inadvertence any such child shall be arraigned before a city magistrate, it shall be the duty of such magistrate, as soon as the age of such child is discovered, to transfer the case to the children's court, and if any papers have been prepared, to indorse the transfer thereon and to send the same with the officer to said court; and it is hereby made the duty of the officer to take such child with said papers to the children's court with all convenient speed, to be heard and disposed of, pursuant to law, by the justice there presiding. The justices of the court of special sessions for the first division shall appoint a clerk and a deputy clerk for the children's court, and such and so many officers and attendants, including a stenographer, as may be necessary, whose salaries, except the clerk, shall be fixed by the board of aldermen, on the recommendation of the board of estimate and apportionment. The salary of the clerk shall be three thousand dollars per year, payable in monthly installments, and the clerk, appointed by the board of city magistrates, in office at the time this act shall go into effect, shall continue in office as clerk until removed therefrom by expiration of term, or by due process of law.

The said court shall be held in some building separate and apart from one used for the trial of persons above the age of sixteen charged with any criminal offense, and if practicable in the building which has been appropriated and set aside, by the sinking fund commissioners, as a children's court. Nothing herein contained shall affect any provisions of law with respect to the temporary commitment by magistrates of children as witnesses for the trial of any criminal case. For statistical purposes the clerk of said children's court, annually, at such time and in such form as the board of city magistrates of the first division may require, shall prepare, in duplicate, a report of the arrests, commitments and dispositions, with such other data as said board may require, of all persons arraigned in or brought before such court during the year; one of which said duplicates shall be transmitted to the board of city magistrates to be included in its annual report; and the other shall be transmitted to the mayor and be printed in the City Record.

§ 3. The said Greater New York charter as re-enacted by chapter four hundred and sixty-six of the said laws of nineteen hundred and one, is hereby further amended by adding thereto a new section to be known as section one thousand four hundred and nineteen, and which shall read as follows:

§ 1419. In addition to the powers, duties and jurisdiction heretofore conferred, the court of special sessions of the first division, and the justices thereof, shall supersede the city magistrates in the trial, determination and disposition of all cases concerning children under sixteen years of age, unless upon a criminal charge in which two or more persons are jointly charged and some of them are above that age, and the said court, and the justices thereof, shall have and exercise the powers, duties and jurisdiction as follows:

1. The said court of special sessions of the first division shall hear and adjudicate all charges of a criminal nature against children under sixteen years of age, of the grade of, or, under section six hundred and ninety-nine of the penal code, permitted to be tried as misdemeanors, including all charges coming within the summary jurisdiction of magistrates, and impose or suspend sentence or remit to probation pursuant to law. But all such hearings and trials shall, except as hereinafter provided, be had in a courtroom exclusively used for the hearing and disposition of children's cases.

2. Such court, as provided in section one thousand four hundred and eighteen, shall be open each day, except Sundays and legal holidays, during such hours as the justices of special sessions of the first division, by public rule shall determine, and one of said justices shall be in attendance who shall possess and exercise, as to all matters arising in said court, all the powers and jurisdiction now conferred on city magistrates, and, unless an objection shall be interposed by the prosecution or the defense at or before the time the defendant, or defendants, are called upon to plead to a charge graded, or permitted by law, as a misdmeanor, all the powers and jurisdiction of a court of special sessions.

3. If any objection is interposed, as provided for in the preceding subdivision, or thereafter if permitted by the justice presiding, the case shall be adjourned to some future day, when, either in the same building or at the main court, as the justice of special sessions shall regulate, a trial may be had before three justices.

4. Any order, determination or judgment of one of said justices when sitting alone pursuant to the foregoing provisions, or any two of said justices when three