provided. No probation officer appointed under the provisions of this section shall receive compensation for his services as such probation officer until allowed by proper ordinance or resolution, 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 and the appropriate municipal board or body of any other city or village, or the board of supervisors of any county may in their discretion determine whether 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. Subd. 1. Am'd L. 1908, ch. 99. In effect April 9, 1908. 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. Subd. 2. Am'd L. 1903, ch. 613. In effect Sept. 1, 1903. TITLE II. Of the Court for the Trial of Impeachments. Sec. 12. Its jurisdiction. 13. Members of the court. 14. Presiding judge. 15. Clerks and officers. 16. Seal of the court. 17. Time of holding the court. 18. Oath to members of the court. 19. Adjournments, etc. 20. Compensation of members and officers of the court. § 12. Its jurisdiction. The court for the trial of impeachments has power to try impeachments, when presented by the assembly, of all civil officers of the state, except justices of the peace, justices of justices' courts, police justices, and their clerks, for willful and corrupt misconduct in office. See N. Y. Const., art. 6, § 13. § 13. Members of the court. The court is composed of the president of the senate, the senators, or a majority of them, and the judges of the court of appeals, or a majority of them, but on the trial of an impeach ment against the governor, or lieutenant-governor, the lieutenantgovernor cannot act as a member of the court. Am'd L. 1895, ch. 880. See N. Y. Const., art. 6, § 13. § 14. Presiding judge. The president of the senate, or in case of his impeachment, death or absence, the chief judge of the court of appeals, or in the absence of both, such other member as the court may elect, is the presiding judge of the court. § 15. Clerks and officers. The clerk and officers of the senate are the clerk and officers of the court for the trial of impeachments. $ 16. Seal of the court. The seal of the court for the trial of impeachments now deposited and recorded in the office of the secretary of state shall continue to be the seal of this court and must be kept in the custody of the clerk of the senate. 17. Time of holding the court. Upon the delivery of an impeachment from the assembly to the senate, the president of the senate must cause the court to be summoned to meet at the capitol in the city of Albany, on a day not less than thirty nor more than sixty days from the day of the delivery of the articles of impeachment. $18. Oath to members of the court. At the time and place appointed, and before the court proceeds to act upon the impeachment, the clerk must administer to the presiding judge, and the presiding judge to each of the members of the court then present, an oath or affirmation truly and impartially to try and determine the impeachment; and no member of the court can act or vote upon the impeachment, or any question arising thereon, without having taken this oath or affirmation. See N. Y. Const., art. 6, § 13. 19. Adjournments, etc.` The court may adjourn from time to time and hold its sessions at such places as it may determine, but no more than two sessions of the court can be held during the recess of the legislature in any one year. $20. Compensation of members and officers of the court. The writ and process of the court must be signed by the clerk and tested in the name of the president of the senate. The president of the senate and each senator are entitled to receive for their services and expenses while actually attending the court, the same rate of compensation as an associate judge of the court of appeals is entitled by law to receive for his services and expenses as such judge for the same time. The other officers of the court, excepting the judges of the court of appeals, are entitled to the same compensation for their attendance thereon, and for traveling to and from the place where it is held, as is allowed them for attending a meeting of the senate, but no such compensation shall be received for attending the court during a session of the legislature. TITLE III. Of the Supreme Court. Sec. 21. Court of oyer and terminer in each county. 22. Its jurisdiction. 23. By whom held. [Court of oyer and terminer.] 24. Writ of process. 25. Clerk. [Of court of oyer and terminer.] § 21. Court of oyer and terminer in each county. Repealed L. 1895, ch. 880. See N. Y. Const., art. 6, § 6. § 22. Its jurisdiction. The supreme court has jurisdiction: 1. To inquire, by the intervention of a grand jury, of all crimes committed or triable in the county; but in respect to such minor crimes as courts of special sessions or police courts have exclusive jurisdiction to hear and determine, in the first instance, the jurisdiction of the supreme court attaches only after the certificate mentioned in section fifty-seven of this Code. 2. To try and determine all such crimes and to try all persons indicted for the same. 3. To deliver the jails of the county, or city and county, according to law, of all prisoners therein. 4. To try any indictment found in any county court, or the court of general sessions of the city and county of New York, which has been sent by order of the county court or general sessions to and received of the supreme court, or which has been removed from any court into the supreme court, if, in the opinion of that court, it is proper to be tried therein. 5. To exercise the same jurisdiction as a county court in a cause or proceeding transferred according to sections forty and forty-one of this Code. 6. By an order, entered in its minutes, to send any indictment found therein for a crime triable at the county court or the court of general sessions of the city and county of New York, to such court. 7. To grant new trials in all cases tried therein. 8. To let to bail any person committed, before and after indictment found upon any criminal charge whatever. 9. To exercise the powers conferred upon it by other provisions of this Code and by special statutes. Am'd L. 1895, ch. 880. N. Y. Const., art. 6. See 88 41, 343-353, inc., and 462-466, inc., post. Subd. 4. People v. De Puy, 115 App. Div. 564. See Northrup v. People, 37 N. Y. 203; People v. Knatt, 156 N. Y. 302; 23. By whom held. [Court of oyer and terminer.] Repealed L. 1895, ch. 880. § 24. Writ of process. A writ of process issued out of the supreme court must be tested in the name of a justice of the supreme court of the district, and may be directed by the court into any county of the state, as occasion requires. Am'd L 1895, ch. 880. 25. Clerk. [Of court of oyer and terminer.] Repealed L. 1895, ch. 880. See N. Y. Const., art. 6, § 5. Note. Sections 26 and 27, of the City Court of Brooklyn, formed originally chapter 1, of title IV, and sections 28, 29 and 30, of the Superior Court of Buffalo likewise originally formed chapter 2, of title IV, of this Code. Both of these courts were abolished by the Constitution of 1894, and the legislature the following year, by L. 1895, ch. 880, repealed all of said five sections. The city courts having original criminal jurisdiction, are the recorder's court of Utica, the recorder's court of Oswego, and the mayor's court of Hudson. Their jurisdiction in criminal matters is defined by special statutes, and continues as thus defined. Am'd L. 1895, ch. 880. See N. Y. Const., art. 6, § 18. § 32. By whom held. These courts for the exercise of their criminal jurisdiction must be held by the following officers: 1. The city courts of Utica and Oswego by the recorders of those cities respectively; 2. The mayor's court of Hudson, by the mayor of that city. Notice that the courts mentioned in subd. 1 are called "recorder's courts in § 31. Note. Originally the above chapter 1 was chapter 3, and the following chapter 2 was chapter 4, of title IV of the Code. They were changed to their present form by L. 1895, ch. 880. 10 |