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. (As amended by chapter 372 of the Laws of 1901.)

Children's Courts-Probation.

Probation Officers in the City of Buffalo. 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 and the punishment of children convicted of certain offenses.

Chapter 50, Laws of 1908.

§ 1. Sections three hundred and eighty-four-b and three hundred and eighty-four-c of 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," as added thereto by chapter six hundred and twenty-seven of the laws of nineteen hundred and one, and amended by chapter five hundred and forty-nine of the laws of nineteen hundred and two, are hereby amended to read, respectively, as follows:

§ 384-b. Probation officers. The police justice shall have authority to appoint or designate discreet persons of good character to serve as probation officers during the pleasure of the police justice. 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 offense described in section two hundred and ninety-one of the penal code or 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 one year 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.

Children's Court, Buffalo.

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 establishing the children's court of Buffalo, defining its powers and jurisdiction and providing for its officers.

Chapter 651, Laws of 1911.

§ 1. 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," is hereby amended by adding thereto a new title, to be title twenty-five, and to read as follows:

TITLE XXV.

The Children's Court of Buffalo.

§ 510. Court established. The children's court is hereby created and established with the criminal jurisdiction hereinafter provided.

§ 511. Judge. There shall be one judge of said court. He shall not be allowed to hold any other public office or carry on any business, but shall devote his whole time and capacity, so far as public interests demand, to the duties of his office.

§ 512. Election and qualification of judges. There shall be elected at the general election in nineteen hundred and eleven a judge of this court for the term of ten years and his successors shall be elected for a like term of ten years. Any resident elector of the city of Buffalo shall be eligible to election. This section shall take effect immediately, any other provision in this act contained to the contrary thereof notwithstanding.

§ 513. Removal of judges and filling of vacancies. The appellate division of the supreme court, fourth department, may remove the judge of this court, giving to such judge a copy of the charges against him and an opportunity of being heard in his defense. Vacancies occurring in the office of judge of this court by reason of death, resignation or removal from office shall be filled by the mayor of the city of Buffalo, who shall appoint a person qualified under the provisions of this act as judge of said court, until the first day of January succeeding the holding of an election at which such vacancy could be filled. At the first election at which such vacancy could be filled a judge shall be elected for the unexpired term of the judge by whose death, resignation or removal from office the vacancy was caused.

§ 514. Compensation. The annual salary of the judge of this court and the salaries of all clerks, officers, attendants and employees shall be fixed by ordinance of the common council of the city of Buffalo, such salary to be paid in monthly installments, and the judges and clerks, officers, attendants and employees of

said court shall receive to their own use no fee or perquisites of office, except the stenographer as hereinafter provided.

$515. Definitions. The word "child" when used in this act shall refer to and mean a person under the age of sixteen years, and the word "adult" when used shall refer to and mean a person sixteen years of age and over.

§ 516. Jurisdiction. The judge of this court shall possess all the jurisdiction and power which are conferred by law upon a magistrate, which are necessary in order to fully carry into effect the purposes of this act. The children's court and the judge thereof shall hear and adjudicate all charges against children of the grade of misdemeanors, and all charges which under section twenty-one hundred and eighty-six of the penal law are permitted to be tried as misdemeanors, all charges against children for which they can be found guilty of juvenile delinquency, and all other cases in which the court or the judge thereof has power to commit children as provided by law. This court shall be and shall have the jurisdiction of a court of special sessions for the hearing and trial of all criminal charges under section four hundred and ninety-four of the penal law, and the judge thereof shall have concurrent jurisdiction to hear charges against adults for the violation of any section to the penal law amounting to a felony, where such violation must necessarily involve a child. This court shall have in the first instance concurrent jurisdiction with the city court of Buffalo to hear and determine any charge against an adult of the grade of a misdemeanor when such charge appears to have in any way contributed to the misdemeanor of a child, or appears to in any way necessarily involve a child; and whenever any such charge is made against an adult in the city court of Buffalo, the judge thereof, before whom the same may come, may transfer the case to the children's court, and said children's court shall hear and dispose of the case in the same manner and with the same effect as if it had been originally brought therein.

§ 516-a. Violation of ordinances. If any adult is charged with a violation of any ordinance of the city, where such violation must necessarily involve the morals of a child, and where such violation is punishable by a fine or imprisonment, or both,

such adult shall be proceeded against before the judge of this court, who shall summarily hear, try and determine the charge; and if he shall find such person to be guilty he shall sentence such person pursuant to the ordinance. (Added by chapter 124 of the Laws of 1914.)

§ 516-b. Commitment in default of payment of fine. If the judge shall sentence an adult to pay a fine and if it is not paid in accordance with the order of said judge, he shall, by warrant, commit such person to the penitentiary, there to be confined for the term of one day for each and every dollar of said fine, not exceeding six months, unless it shall be sooner paid. If the judge shall sentence such person to imprisonment, he shall, by warrant, commit such person accordingly. (Added by chapter 124 of the Laws of 1914.)

§ 517. Where held. The said court shall be divided into two parts, one for the hearing and disposition of proceedings and cases involving the trial or commitment of children, the other for the hearing and disposition of proceedings and cases involving the trial of adults. The one known as the children's court shall be held in some building separate and apart from one used for the trial of adults; and said children's court shall not be held in the same building with or adjoining any morgue, hospital for adults, prison or correctional institution for adults, and the court for the trial of adults shall be held in a separate building from the one in which is held the children's court; and both of said places shall be designated for that purpose by the common council of the city of Buffalo. The common council shall provide suitable rooms and necessary furniture, blank books, blanks and stationery for the use of said court, and shall provide for the payment of salaries of the judge, clerks, stenographers, attendants and other employees.

$518. Detention home. The city of Buffalo by ordinance of the common council shall provide a detention home to which children shall be brought immediately after arrest and wherein they may be detained pending hearing or trial, whether as witnesses or defendants; and to which they may be committed after hearing or trial for not to exceed thirty days. No adult charged