1. The said court of special sessions of the first division, and the said court of special sessions of the second division, except in the boroughs of Queens and Richmond, 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 court room exclusively used for the hearing and disposition of children's

cases.

2. Such court, as provided in section fourteen hundred and eighteen, shall be open each day, except Sundays and legal holidays, during such hours as the justices of special sessions in their respective divisions, 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 misdemeanor, all the powers and jurisdiction of a court of special sessions.

3. If an objection be 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 are sitting, shall be the order, determination or judgment of said children's court sitting as a court of special sessions.

5. Section fourteen hundred and twelve, as to the adoption of rules, is hereby extended so as to cover said children's courts. § 4. The board of estimate and apportionment of the city of New York shall make provisions for the establishment and mainte

nance of a children's court in the borough of Brooklyn, including the salary of the additional justice as herein authorized, and any additional amount, including the salary of the additional justice, shall be determined under the provisions of the charter and shall be added to and included in the final estimate for the year nineteen hundred and three, and shall be collected by tax from the estates, real and personal, subject to taxation, in the city of New York.

§ 5. All acts and parts of acts, not inconsistent with the provisions of this act shall apply to and govern the jurisdiction and proceedings in said children's court; and all acts and parts of acts inconsistent with the provisions of this act are hereby repealed, so far as they or either of them affect a court exclusively for children. (Added by chapter 590 of the Laws of 1902 and amended by chapter 159 of the Laws of 1903.)

PROBATIONARY OFFICERS.

AN ACT to amend the code of criminal procedure, relating to the appointment of probationary officers and defining their duties.

Chapter 372, Laws of 1901.

§ 11-a. 1. The justices of the courts having original jurisdiction of criminal actions in the state, shall from time to time appoint a person or persons to perform the duties of probation officer or officers 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 or officers may be chosen from among the officers of a society for the prevention of cruelty to children or of any charitable or benevolent institution, society or association now or hereafter duly incorporated under the laws of this state, or any reputable private citizens, male or female. Any officer or member of the police force of any city or incorporated village who may be detailed to do 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, except as hereinafter prescribed, but this shall not be construed to deprive 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. The board of estimate and apportionment in the city of New York, may, in their discretion determine whether women appointed to act as probation officers, not detailed from other branches of the public service, shall receive a salary, and if they shall so determine, they may fix the amount thereof and provide for its payment. (As amended by chapter 613 of the Laws of 1903, and chapter 508 of the Laws of 1904.)

2. Every probation officer or officers so appointed shall when so directed by the court, inquire into the antecedents, character and offense of any person or persons 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 reports 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 assigning 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, at least monthly, any violation or breach of the terms and conditions imposed by the 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, and shall require such persons to report to them as may be directed by the court. (As amended by Chapter 613 of the Laws of 1903.)

§ 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 or mitigation of the punishment, may, in its dis

cretion, 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 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: (As amended by Chapter 613 of the Laws of 1903.)

1. If the sentence be suspended, the court upon suspending sentence, may direct that such suspension continue for such period of time, not to exceed three months, 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 to be appointed by said court during such suspension. Such time may be extended one or more additional times, not to exceed three months each, nor in all one year, by the court in its discretion. When practicable, any child under the age of sixteen years, placed on probation, shall be placed with a probation officer of the same religious faith as that of the child's parents. The parent, guardian or master of such child, if the child has any, shall be summoned by the magistrate to attend any examination or trial of such child and to be present in court when the child is placed on probation and informed by the court of the action taken in such case. (As amended by Chapter 613 of the Laws of 1903.)

2. If the judgment is to pay a fine and that the defendant be imprisoned until it is 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. (As amended by Chapter 613 of the Laws of 1903.)

3. At any time during the probationary term of a person convicted and released on probation in accordance with the provi sions 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 proba tion. 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. (As amended by Chapter 613 of the Laws of 1903.)

§ 487. If the judgment be imprisonment, or a fine and impris onment until it is 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 placed the defendant on probation, as provided in section four hundred and eighty-three of the code of criminal procedure, the defendant 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 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. (As amended by Chapter 613 of the Laws of 1903.)

§ 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 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 instruc