TITLE X. Of Criminal Statistics. Sec. 941. District attorney to furnish statement to clerk. 942. Clerk of court of special sessions in the city and county of New York to furnish statement to secretary of state. 943. Clerk to furnish statement to secretary of state. 944. Penalty for neglect. 945. Secretary of state to report to legislature. 946. Secretar" of state to furnish forms. § 941. District attorney to furnish statement to clerk. 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 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 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 officers appointed by the court, with their address and date of appointment. Am'd L. 1901, ch. 372. In effect Sept. 1, 1901. See §§ 483 and 487, ante, and §§ 942, 943, 946, post. $942. Clerk of court of special sessions in the city and county of New York to furnish statement to secretary of state. The clerk or the deputy clerk of the court of special sessions in the city and county of New York shall on or before the first day of February, eighteen hundred and ninety-five, 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 thirty-first, eighteen hundred and ninety-four, 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 date 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 first, nineteen hundred and one, 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 crime during each month in the preceding quarter in the several courts of such city magistrates; the number convicted of each offense, the nuniber 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 statements shall be in the form prescribed by the secretary of state. Am'd L. 1901, ch. 372. In effect Sept. 1, 1901. $943. Clerk to furnish statement to secretary of state. On or before the first day of February, eighteen hundred and ninety-five, and quarterly thereafter, the clerk of each county 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 thirty-first, eighteen hundred and ninety-four; 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 thirty-first, eighteen hundred and ninetyfour, and since the date of the closing of each last preceding quarterly report made after October thirty-first, eighteen hundred and ninety-four, 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. Am'd L. 1901, ch. 372. In effect Sept. 1, 1901. § 944. Penalty for neglect. For every neglect of any justice, magistrate or clerk to comply with the requirements of this title, he shall forfeit the sum of fifty dollars, to be recovered by a civil action in the name of the people of the state. Title X, comprising §§ 941-946, inc., am'd L. 1894, ch. 733. § 945. Secretary of state to report to legislature. The secretary of state shall, on or before March first, in each year, cause all the information and statistics contained in the foregoing certified statements made to him by the several county clerks, to be compiled and tabulated in convenient form for reference, and so arranged that each fact shall appear under its appropriate column or heading, and subdivided according to the crime or offense charged, and transmit the same to the legislature. Title X, comprising §§ 941-946, inc., am'd L. 1894, ch. 733. 946. Secretary of state to furnish forms. The secretary of state shall cause this title to be published with forms and instructions for the execution of the duties therein pre scribed, 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 defendant had been previously convicted, the cases where sentence was suspended, the cases where the defendant was placed upon probation, and the cases where the probation was revoked, together with the age, sex, nativity and 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. Am'd L. 1901, ch. 372. In effect Sept. 1, 1901. See §§ 483, 487, 941, 942, 943, ante. See People ex rel. Weed-Parsons Printing Co. v. Palmer, 14 Misc. 41. $947. Form of report. $948. Consequence of neglect. $949. Duty of secretary of state. The three foregoing sections, 947-949, inc., were repealed by L. 1894, ch. 733, which amended all of title X, supra, former sections 941-949, inc., being consolidated into sections 941-946, inc. 291 TITLE XI. Miscellaneous Provisions, Respecting Special Proceedings of a Criminal Nature. Sec. 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 proceeding of a criminal nature, is designated in this Code as the complainant, and the adverse party as the defendant. Review by certiorari. People ex rel. Scherer v. Walsh, 33 Hun, 345; 67 How. Pr. Rep. 482; 2 N. Y. Cr. Rep. 325. See Killoran v. Bartow, 26 Hun, 648; People ex rel. Com'rs v. Cullen, 151 N. Y. 54. § 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. Review by certiorari. People ex rel. Scherer v. Walsh, 33 Hun, 345; 67 How. Pr. Rep. 482; 2 N. Y. Cr. Rep. 325. § 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 subpoenas for witnesses, and punish their disobedience in the same manner, as in criminal actions. Review by certiorari. People ex rel. Scherer v. Walsh, 33 Hun, 345; 67 How. Pr. Rep. 482; 2 N. Y. Cr. Rep. 325. 292 GENERAL PROVISIONS AND DEFINITIONS APPLICABLE TO THIS CODE. Sec. 953. Abatement of nuisance. 954. No part of this Code retroactive, unless expressly so declared. ་་ 957. Definition of "oath." 958. Definition of " signature." 959. Definition of magistrate." 960. Definition of peace officer." 961. Definition of " county court." 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. Syracuse and Tully Plank Road Co. v. People, 66 Barb. 25. Injunction. Anderson v. Doty, 33 Hun, 160. § 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. Repealed L. 1892, ch. 677. (Stat. Construction Law.) § 956. Definition of “writing.” Repealed L. 1892, ch. 677. (Stat. Construction Law.) 957. Definition of "oath." Repealed L. 1892, ch. 677. (Stat. Construction Law.) § 958. Definition of “signature." The term signature" includes a mark, when the person can not 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 an 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 " nifies any one of the magistrates mentioned in section 147. § 960. Definition of "peace officer." Unless when otherwise provided, the term peace officer nifies any one of the officers mentioned in section 154. sig sig |