§ 530. Appeals. A judgment upon conviction rendered by the judge of this court sitting as a court of special sessions, children's court or magistrate may be reviewed by the county court of the county as prescribed in title three, part five of the code of criminal procedure.

§ 531. Jurisdiction terminated. From and after midnight of the thirty-first day of December, nineteen hundred and eleven, all power, authority, duties and jurisdiction vested in the city court of Buffalo, the judges thereof, the clerks, officers and employees in reference to the matters which are by this title brought within the exclusive jurisdiction of this court or the judge thereof shall cease and determine. The chief judge of the city court of Buffalo, on the first day of January, nineteen hundred and twelve, shall deliver to this court or the judge thereof all books, papers and records of whatever description then in its possession, relating to cases or proceedings then pending which by this title are to be continued before this court or the judge thereof, and the judge of this court is hereby authorized to take possession of said books, papers and records at said time. No criminal action or proceeding of the same nature as comes within the jurisdiction of this court, and which shall be pending before the city court of Buffalo or any of the judges thereof at midnight on the thirty-first day of December, nineteen hundred and eleven, shall abate, and all such actions and proceedings so pending shall thereafter be continued before this court or the judge thereof, and the city court of Buffalo or any judge thereof shall have power to adjourn said actions or proceedings to the first day of January, nineteen hundred and twelve, or to some time thereafter when the same shall be continued before this court or the judge thereof.

A list of trial

§ 531-a. List of jurors; how selected. jurors for the court must be selected by the commissioner of jurors for the county of Erie and must consist of not less than two hundred persons qualified to serve. A person shall not be placed upon such jury list who does not reside or have a place where he regularly transacts business in person within the city of Buffalo. The said commissioner of jurors shall, on or before the first Monday in September of each and every year, furnish the

clerk of the court with such list, together with the residences and occupations of the persons so selected by him. The clerk of the court shall write on separate slips of paper the name of each juror upon such list, and shall place the slips in a box to be called the undrawn jury box and no person shall serve as juror more than once in a calendar year. The contents of the drawn and undrawn jury boxes may be at any time inspected by the commissioner of jurors, or his deputy. Each juror shall be paid two dollars for each and every day or portion thereof that he actually serves upon jury, and each person summoned to attend as a juryman shall be paid two dollars for each day that he attends, unless he is excused from serving as a juryman at his own request, in which event he shall be paid only the amount paid him by the marshal as provided in section five hundred and thirty-one-b. Such payment shall be made only upon the certificate of the judge presiding at the trial of the number of days served, and the amount due each juror. The common council of the city of Buffalo shall provide a fund for the payment of jurors and payment of such jurors shall be made by the clerk of said court out of such funds. (Added by chapter 124 of the Laws of 1914, as amended by chapter 571 of the Laws of 1917.)

§ 531-b. Jury; how drawn. The clerk, in each action in which a jury trial is to be had, must publicly and in the presence of the judge of the court draw the names of twelve persons from the undrawn jury box, and deliver the list thereof to a marshal, or a person deputed by the court for that purpose, with a written or printed notice, directed to each person named in the list, requiring him to attend as directed as a juror, at the time specified therein, which shall not be sooner than two days after the service, out of which number six of the persons attending shall be drawn to try the cause, provided that number appear. In case a jury of twelve shall have been demanded, the clerk shall in like manner draw the names of not less than twenty-four persons, or a greater number, as directed by the court, who shall be summoned in like manner, and twelve of such number shall be drawn to try the cause. Either party shall have the same number of peremptory challenges allowed in the court of record if the jury consists of twelve men.

The marshal, or the person deputed, as provided in this act, must thereupon immediately summon each person named in the above list, by giving him the sum of ten cents and the notice above mentioned personally, or by leaving it at his place of residence or business, with some person of suitable age and discretion, and must return the list to the court, at its opening, on the day for which the jury was drawn, specifying the persons summoned, and the manner in which each was notified. If a sufficient number of competent jurors do not attend, the court must direct to be summoned from the said list so furnished by the commissioner of jurors a sufficient number to complete the jury, by a marshal or a person deputed for that purpose. The ballots containing the names of the jurors summoned and not drawn, or excused from serving, must be returned by the clerk to the undrawn jury box, to be drawn as in the first instance. The ballots containing the names of the jurors who served must be placed in a box, to be called the drawn jury box, containing a minute thereon of the date of their service, and left until all the other names have been drawn, and as often as that happens, the whole number must be returned to the undrawn jury box, as in the first instance. The judge presiding in said court may impose a fine of twenty-five dollars upon each person duly drawn and notified to attend the court as trial juror, who fails to attend as required by the notice. The clerk of the court must, within ten days. thereafter, issue a warrant under the seal of the court, directed to a marshal of said court, commanding him to collect from the person therein mentioned said sum and to pay over the same when collected to the treasurer of the city of Buffalo. The marshal shall execute such warrant in the same manner as provided by section seven hundred and ninety-two of chapter thirty-five of the laws of nineteen hundred and nine, entitled "An act in relation to the administration of justice, constituting chapter thirty of the consolidated laws.* A clerk who violates any one of the provisions of this section forfeits one hundred dollars for each offense, to be paid to said treasurer of the city of Buffalo. (Added by chapter 124 of the Laws of 1914.)

So in the original.

* 531-c. Summons. 1. When a complaint, oral or written, is made to the judge of this court and he is not satisfied that a crime has been committed, but believes that in the public interest he should inquire into and investigate the complaint so made. he may issue a summons which shall be substantially in the following form, the blanks to be properly filled:

In the name of the people of the State of New York, to Complaint having been made to me this day by that you (here briefly state nature of offense in regard to which complaint is made), you are hereby summoned to appear before me in the children's court of Buffalo at number seventy-three West Eagle street in said city on day of ....

hundred and

nineteen

to the end that an investigation may be made of said complaint; and upon your failure to appear at the time and place mentioned, you are liable to a fine not exceeding twenty-five dollars.

2. Upon said summons shall be indorsed the name of the complainant and of the person summoned and also a brief description of the offense complained of.

3. Such summons may be served by the complainant, or by a peace officer, or by any other person designated by the judge.

4. Upon the return of the summons the judge shall inquire and investigate into the subject-matter of the complaint and determine whether the case is one in which a warrant should issue.

5. If the person summoned does not appear such failure to appear shall constitute contempt and may be punished by the judge by a fine not exceeding twenty-five dollars.

6. A record shall be kept of the issuance and disposition of such summons in such manner as the rules of the court may

provide; and the court may by rule from time to time change the form of said summons. (Added by chapter 124 of the Laws of 1914.)

§ 532. Temporary absence of judge. During the sickness, temporary absence or temporary inability of the judge to perform his duties, the mayor of the city may appoint an elector of the city to act in place of the judge.

§ 533. Repeal. Any and all act or acts or part or parts of any act or acts inconsistent with the provisions hereof are hereby repealed.

§ 34. Parts of court; by whom held. Except as hereinafter provided each part of the court shall be held by three justices, at least one of whom shall be resident within the judicial department of the supreme court in which said part is held, and any determination, order or judgment of two of them shall be the determination, order or judgment of the court; provided, however, that the chief justice or any associate justice may be assigned to and is empowered to hold any part of the court for the purpose of taking pleas, or disposing of motions preliminary to trials or hearing reports as to defendants released upon probation, and each justice when so assigned shall have all the powers of the court of special sessions to sentence a defendant upon a plea of guilty, suspend sentence or place upon probation. (As amended by chapter 531 of the Laws of 1915.)

(Sections thirty-four-a to thirty-four-t inclusive added by chapter 531 of the laws of 1915.)

§ 34-a. The court constituted. From and after midnight on the thirtieth day of June, nineteen hundred and fifteen, the separate parts of the court of special sessions of the city of New York heretofore designated as children's courts for the hearing and