the period of his confinement, if imprisonment shall be imposed, the time between his or her release upon probation and his re-arrest shall not be reckoned as part of the term.

§ 4. If a part of the condition upon which such offender is committed to the care of the probation officer be the payment of fine, said fine shall inure to the benefit of the county, and the magistrate before whom said offender is convicted, if he shall collect said fine or any portion thereof, shall remit the same to the county probation oficer with the copy of the complaint and order in said case, and the probation officer gball account for and turn over the same or any money collected by him on account thereof to the picper county officer with the moneys collected by him from offenders committed to his care by the court of general quarter sessions of the peace. § 5. All acts and parts of acts inconsistent herewith are hereby repealed, and this act shall take effect immediately.

Powers of Probation Officers.

Chapter 132, March 28, 1904.

A Supplement to an act entitled "An act to provide for the appointment of probation officers and to define their duties and powers," approved March twentythird, one thousand nine hundred.

Section 1. The probation officer appointed in any county, and each of his assistants, may arrest upon view, any person convicted of crime and placed upon probation under the care of such probation officer, who in the judgment of said probation offi cer shall have violated the condition of his probation, or the rules and regulations governing the same, or shall have re-engaged in criminal practices, or become abandoned to improper associations or a vicious life, and a certificate by said probation officer, that said probationer has, in his judgment, forfeited his probation in any of the respects before mentioned, shall be a sufficient warrant for the detention of said probationer in the county jail until the determination of the inquiry by the court, hereinafter provided for.

§ 2. The probation officer shall forthwith report to the judge of the court of general quarter sessions of the peace in and for said county, that said probationer has, in his judgment, forfeited his probation in some one or more of the respects above mentioned, and has been taken into custody; and said court shall forthwith cause the prisoner to be brought before him, and shall inquire summarily into the conduct of said probationer since he was committed to the care of the probation officer, and if the court shall be satisfied that he has violated the condition of his probation, or the rules and regulations governing the same, or has re-engaged in criminal practices, or become abandoned to improper associations or a vicious life, the said probationer may be sentenced for his original offense, and in computing, the the period of his confinement, if imprisonment shall be imposed, the time between his release from probation and his re-arrest, together with the time spent in the county jail after said re-arrest, shall not be reckoned as a part of the term; Provided, however, that no person shall be taken into custody or sentenced or re-sentenced under this act, for any offense for which he may have been released upon probation, after a period of three years has elapsed from the date of the original conviction.

§ 3. If on said inquiry the said judge shall be of the opinion that the interests of justice do not require the imposition of the penalty provided by law for the offense of which said probationer stands convicted, and that said probationer shall be recommitted to the care of the probation officer, he shall discharge the said probationer from arrest and may also recommit him to the care of the probation officer for such time, and upon such conditions as the court in its order may determine.

§ 4. All acts or parts of acts inconsistent herewith are hereby repealed, and this act shall take effect immediately.'

Adult Delinquency.

Chapter 160, April 17, 1905: supplementing 1903 ch. 219.

Section 1. In all cases where any child shall be a delinquent child or a juvenile delinquent person, as defined by the statutes of this state, the parent or parents, legal guardian or person having custody of such child, or any other person wilfully respon

sible for, or by any continued negligence or wilful act encouraging, causing or contributing to the delinquency of such child shall be guilty of a misdemeanor, and upon trial and conviction thereof shall be fined in a sum not to exceed one thousand dollars ($1,000) or imprisonment in the county jail for a period not exceeding six (6) months, or by both such fine and imprisonment. The court may impose conditions upon any person found guilty under this act, and so long as such person shall comply therewith to the satisfaction of the court the sentence imposed may be suspended.

§ 2. All acts and parts of acts inconsistent with this act be and the same are hereby repealed, and this act shall take effect immediately.

Deserting Husband Placed on Probation.

Chapter 203, April 28, 1905.

AN ACT to amend an act, entitled "A supplement to an act entitled 'An act to provide for the appointment of probation officers and to define their duties and powers,' approved March twenty-third, nineteen hundred," which supplement was approved April eighth, nineteen hundred and three.

I. Section one of said supplement, which was approved April eighth, nineteen hundred and three, be and hereby is amended so as to read as follows:

Section 1. When any person is convicted before any magistrate in any municipality in this state of any crime, or of being a disorderly person, or for desertion or non-support of wife or minor child or children, or for neglect or abuse of minor child or children, and the record of the person shall so justify, it shall be lawful for the said magistrate, instead of imposing the penalty provided by law for the offense, to suspend the imposition thereof and order the person so convicted to be placed upon probation under the care of the probation officer of the county, if any such there be, for such time and upon such conditions as the said magistrate in his order shall determine. This section, however, shall not permit such magistrate to suspend the operation of any order requiring a person adjudged a disorderly person for desertion or wilful refusal or neglect to provide for and maintain his wife or other family to pay a sum weekly or otherwise for the support and maintenance of his family.

§ 2. Section four of the said supplement, which was approved April eighth, nineteen hundred and three, be and hereby is amended so as to read as follows:

§ 4. If a part of the condition upon which such offender is committed to the care of the probation officer be the payment of fine, said fine shall inure to the benefit of the county, and said magistrate before whom said offender is convicted, if he shall collect said fine, or any portion thereof, shall remit the same to the county probation officer, with the copy of the complaint and order in said case, and the probation officer shall account for and turn over the same, or any money collected by him on account thereof, to the proper county officer, with the moneys collected by him from offenders committed to his care by the court of general quarter sessions of the peace: Provided, however, That all fines, penalties or moneys ordered to be paid by persons convicted of desertion or non-support of wife or minor child or children, or of neglect or abuse of minor child or children, shall be paid to the overseer of the poor of the municipality in which such conviction was had, or other proper officer, as is now provided by law, to be used and expended for the benefit of such wife or minor child or children.

§ 3. This act shall take effect immediately.

NEW YORK..
Probation System.

Chapter 372, April 17, 1901: amdg. Code of Criminal Procedure, § 483, 487, 941-43, 946, and adding § 11A.

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

Section 1. Title one, part one of the code of criminal procedure is hereby amended by adding thereto a new section to be known as section 11-a, to read as follows:

§ 11-a. 1. The justices of the courts having original jurisdiction of criminalactions in all the cities of the state, shall from time to time appoint a person or

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 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 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: