of the code of criminal procedure, are hereby amended to read as follows: Court may inquire into circum stances in aggravation tion of pun. § 483. After a plea or verdict of guilty, in a case where discretion is conferred upon the court as to the extent of the punishment, the court, upon the suggestion of either party that or mitiga there are circumstances, which may be properly taken into ishment. view, either in aggravation or 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 Placing of and the circumstances of any person over the age of sixteen tion. 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. defendant on proba Revocation and termination of 3. At any time during the probationary term of a person conricted and released on probation in accordance with the pro- probation. visions of this section, the court before which, or the justice before whom, the person so convicted was convicted, or his successor, may, in its or his 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 Commitment of defendant. Placing under care of proba 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 sention officer. tence, the court has suspended the execution thereof and placed the defendant on probation, as provided in section four hundred and eighty-three of the code of criminal procedure, the defendant if 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 four of section four hundred and eighty-three of the code of criminal procedure, and the suspension of the sentence or of the execution revoked, and the judg ment pronounced, the defendant must forthwith be committed' to the custody of the proper officer and by him detained until the judgment be complied with. District attorney to furnish statement to county clerk. § 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 crime 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 de fendant placed on probation; the cases in which counsel were assigned by the court to defend the defendant; the sex, age, na tivity, 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 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 officers appointed by the court, with their address and date of appointment. § 942. The clerk or the deputy clerk of the court of special sessions in the city and county of New York shall on or before the first day of February, eighteen hundred and ninety-five, and quarterly thereafter, transmit to the secretary of state a tabulated and certified statement, in the form prescribed by the sec retary 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 thirty-first, eighteen hundred and ninety-four, 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 date 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 first, nineteen hundred and one, 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 crime 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 statements shall be in the form prescribed by the secretary of state. clerk to furnish to secretary § 943. On or before the first day of February, eighteen hun County dred and ninety-five, and quarterly thereafter, the clerk of each statement county shall transmit to the secretary of state a tabulated and of state." 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 thirty-first, eighteen hundred and ninety-four; and of the name. of each person shown to be convicted by a court of special ses Secretary of state to furnish forms. Expenses, how paid. sions by the certificate of conviction filed with him by magistrates holding. courts of special sessions after October thirtyfirst, eighteen hundred and ninety-four, and since the date of the closing of each last preceding quarterly report made after Oc tober thirty-first, eighteen hundred and ninety-four, 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 defendant had been previously convicted, the cases where sentence was suspended, the cases where the defendant was placed upon probation, and the cases where the probation was revoked, together with the age, sex, nativity and residence of the 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 disbursements 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 Repeal. of this act, in so far as inconsistent therewith, are hereby repealed. 4. This act shall take effect September first, nineteen hundred and one. Chap. 373. AN ACT to legalize the official acts of David A. Wolven, as justice of the peace of the town of Italy, county of Yates. Became a law, April 17, 1901, 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. The official acts of David A. Wolven, as justice of the peace of the town of Italy, county of Yates, as performed by him as such justice from the first day of January to the seventh day of March, nineteen hundred and one, both inclusive, are hereby legalized, ratified and confirmed. Nothing in this act shall affect any action or proceeding now pending. § 2. This act shall take effect immediately. Chap. 374. AN ACT to amend the code of civil procedure, in relation to change of name of a town or county co-operative insurance corporation. Became a law, April 17, 1901, with the approval of the Governor. Passed, a majority being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section twenty-four hundred and eleven of the code of civil procedure, as amended by chapter three hundred and sixty-six of the laws of eighteen hundred and ninety-three, is hereby amended to read as follows: § 2411. Petition by corporation.-A petition to assume another corporate name may be made by a domestic corporation, whether incorporated by a general or special law, to the supreme court |