the next court of sessions of the county, in a sum, and with sureties approved by him. Id., § 47. § 936. Proceedings thereon and order of the court.-Upon hear ing the parties, the court may, by an order entered upon the minutes, direct that the clerk or apprentice be discharged from service, and that the money paid or agreed for in binding him out, be refunded, if paid, to the person who advanced it, or his personal representatives, or if not paid, that it be discharged, and that any security given therefor be delivered up or canceled. Id., § 48. § 937. Complaint by master against clerk or apprentice where money is paid or agreed for; clerk or apprentice when held to appear at sessions.-The master of a clerk or apprentice, where money is paid or agreed for on binding him out, may make the complaint mentioned in section nine hundred and twenty-seven, and the magistrate to whom it is made must proceed thereupon, as provided in sections nine hundred and twenty-eight to nine hundred and thirty, both inclusive, and may discharge the complaint, or if in his opinion it be well founded, may take a written undertaking, in a sum and with sureties to be approved by him, for the appearance of the clerk or apprentice at the next court of sessions in the county. Id., § 49. § 938. Proceedings thereon, and order of the court.-Upon hearing the parties, the court may proceed as provided in section nine hundred and thirty-six, and may punish the clerk or apprentice, by fine or imprisonment, or both, as for a misde meanor. Id., § 50. § 939. Indenture or contract of service, how assigned on death of master. Upon the death of a master to whom a person has been bound to service, as clerk, apprentice or servant, by the county superintendents of the poor, or by the overseers of the poor or in the city of New York, by the commissioners of charities and corrections, the personal representatives of the master may, with the written consent of the clerk, apprentice or servant, acknowledged before a justice of the peace or police justice, assign the indenture or contract of service to another, who thereby becomes vested with all the rights of the master. Id., § 53. § 940. Indenture or contract of service, how assigned on death of master. If, in the case mentioned in the last section, the written consent of the clerk, apprentice or servant be refused, the assignment may be made with the same effect, under an order of the court of sessions of the county, upon fourteen days' notice of the application therefor, to the apprentice, or to his parent or guardian, if there be any in the county. TITLE X. OF CRIMINAL STATISTICS. SECTION. 941. District attorney to furnish statement. 942. Duty of clerk. 948. Consequence of neglect. § 941. District attorney to furnish statement. 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, must furnish to the clerk of the court such a description of the offense committed by every person convicted of crime, abridged from the indictment, as would be sufficient to maintain the averments relating to such offense, or necessary to be made in an indictment for a second offense. § 942. Duty of clerk.-Within twenty days after the adjournment of any criminal court of record, the clerk thereof must transmit to the office of the secretary of state such statement furnished by the district attorney, of all convictions had at such court. Id., §§ 7, 17. § 943. Duty of clerk.-Within twenty days after the adjournment of any criminal court of record, the clerk thereof must also transmit to the office of the secretary of state a duly certified statement of the number of indictments tried at such court, specifying the number for each separate offense, the number on which convictions were had, and on which defendants were acquitted, and of indictments against persons who were convicted on confession, and against persons who were discharged without trial. Id., § 18; Laws 1867, ch. 604, § 2. § 944. Duty of clerk.-On or before the fifth day of every month, the clerk of each county must transmit to the secretary of state copies of all certificates of convictions made by any court of special sessions, and required by law to be filed with such clerk, and which have been filed in the office of the county clerk during the previous month. Id., § 18; Laws 1867, ch. 604, § 3. § 945. Sheriff's report.-A report must be made by the sheriff of every county in which there is a city, on the first day of every month, to the secretary of state, of the number of persons convicted in city courts, courts of special sessions, and police courts during the preceding month. Such reports must specify the crimes, the whole number convicted, the sex, age, nativity, and whether married or single; the degree of education, religious instruction, whether parents living or dead, temperate or intemperate, and whether before convicted or not of any crime. Id., § 20; Laws 1867, ch. 604, § 3. § 946. Sheriff's report. Within twenty days after the adjournment of any criminal court of record, the sheriff of the county in which such court shall be held, must report to the secretary of state, the name, occupation, age, sex and native country of every person convicted at such court of any offense, and the degree of instruction which each person so convicted has received, and also such other items of information in relation to such convicts and their offenses, as the secretary of state shall require. Id., § 19; Laws 1867, ch. 604, § 4. § 947. Form of report. The report required by this title must be made in the form prescribed by the secretary of state. Id., § 19. § 948. Consequence of neglect.-For every neglect of magistrate, clerk or sheriff to comply with the requirements of this title, he forfeits the sum of fifty dollars, to be recovered in a civil action, in the name of the people of this state. Id., § 23. § 949. Duty of secretary of state. The secretary of state must cause this title to be published, with forms and instructions for the execution of the duties therein prescribed, and to be distributed among the officers therein mentioned; the expense of which must be paid by the treasurer, on the warrant of the comptroller. He must also annually report to the legislature the results of the information obtained in pursuance of this title. Id., § 24. 4 TITLE XI. MISCELLANEOUS PROVISIONS, RESPECTING SPECIAL PROCEEDINGS OF A CRIMINAL NATURE. SECTION 950. Parties to a special proceeding, how designated. 951. Provisions respecting entitling affidavits, applicable. 952. Courts and magistrates to issue subpoenas, and punish disobedience of witnesses. § 950. Parties to a special proceeding, how designated. The party prosecuting a special proceeeding of a criminal nature, is designated in this Code as the complainant, and the adverse party as the defendant. § 951. Provisions respecting entitling affidavits, applicable.-The provisions of this Code, in respect to entitling affidavits in a criminal action, are applicable to special proceedings of a criminal nature. § 952. Courts and magistrates to issue subpoenas, and punish disobedience of witnesses.-All courts and magistrates having before them special proceedings of a criminal nature, may issue subpœnas for witnesses, and punish their disobedience in the same manner as in a criminal actions. GENERAL PROVISIONS AND DEFINITIONS SECTION 953. Abatement of nuisance. 954. No part of this Code retroactive, unless expressly so declared. 955. Present tense includes future, etc. 956. Definition of “writing." 957. Definition of "oath." 958. Definition of "signature." 959. Definition of "magistrate." 960. Definition of "peace officer." 961. Definition of "court of sessions." 962. To what actions and proceedings this Code applies. § 953. Abatement of nuisance.-Where a person is convicted of keeping or maintaining a public nuisance, and sentenced to punishment, the court may in its judgment, in addition to or in place of other punishment, direct that the nuisance be abated, and issue an order to the sheriff of the proper county to execute the judgment as therein directed. After conviction on indictment in cases of nuisance the court is authorized to order that the nuisance be abated. (Syracuse and Tully Plank R. Co. v. People, 66 Barb., 26.) An obstruction in the public street is a nuisance. (People v. Lochfelm, 102 N. Y., 1.) § 954. No part of this Code retroactive, unless expressly so declared. No part of this Code is retroactive, unless expressly so declared. § 955. Present tense includes future, etc.-Unless when otherwise provided, words used in this Code in the present tense, include the future as well as the present. Words used in the masculine gender comprehend as well the feminine and neuter. The singular number includes the plural, and the plural the singular. And the word "person" includes a corporation, as well as a natural person. § 956. Definition of "writing."-The term "writing" includes printing. § 957. Definition of“ oath."-The term "oath includes an affirmation. § 958. Definition of "signature."-The term "signature includes a mark, when the person cannot write; his name being written near it, and the mark being witnessed by a person who writes his own name as a witness, except to the affidavit, or deposition, or a paper executed before a judicial officer; in which case the attestation of the officer is sufficient. § 959. Definition of "Magistrate."-Unless when otherwise provided, the term "magistrate" signifies any one of the magistrates mentioned in section one hundred and forty-seven. § 960. Definition of "peace officer."-Unless when otherwise provided, the term "peace officer" signifies any one of the officers mentioned in section one hundred and fifty-four. § 961. Definition of "court of sessions."-The term "court of sessions" includes "the court of general sessions in the city and county of New York," wherever such inclusion does not conflict with other provisions of this Code. § 962. To what actions and proceedings this Code applies.-This Code applies to criminal actions, and to all other proceedings in criminal cases which are herein provided for, from the time when it takes effect; but all such actions and proceedings, theretofore commenced, must be conducted in the same manner as if this Code had not been passed; except that if in any local statute confined, by its terms, to a town or village or to a county or city other than the city and county of New York, any proceeding is prescribed, in addition to those prescribed by this Code and not inconsistent with it, the same shall remain unaffected by it. This section relates to the procedure and not to the organization of the court. (Ostrander v. People 1 N. Y. Cr. R., 274, People v. Bank, 96 N. Y., 188.) Disorderly conduct.-Clearly intended by this section to retain in force the former statutes relating to the offence of disorderly conduct.-(Matter of McMahon 1. N. Y. Cr. R., 58.) |