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Probation.

§ 100. Revocation of probation. Probation may be revoked at any time within the maximum periods hereinbefore mentioned by the court of special sessions where the person was placed on probation by said court, or by any justice in children's cases, or by any magistrate in cases over which magistrates have jurisdiction; but so far as practicable the revocation of probation of a child shall be made by the justice who placed the child on probation, or of an adult, by the magistrate who placed such adult on probation. Upon such revocation the court, justice or magistrate may make such commitment as could have ordinarily been made if the child or adult had not been placed on probation, and to that end may pronounce any judgment or sentence, or impose any fine, or other penalty, or make any commitment which might have been imposed, or made at the time the conviction was had. Whenever probation is revoked, the court, justice or magistrate, as the case may be, may issue process for the re-arrest of the defendant, and, if arraigned, the court, as it is then constituted. or any justice or magistrate, as the case may be, may proceed to enter judgment and impose sentence as herein provided. Provided further that whenever a defendant has been convicted of having abandoned his wife or children without adequate support or leaves them in danger of becoming a burden upon the public, or who neglects to provide for them according to his means, or who threatens to run away and leave his wife and children a burden upon the public, or is convicted of being a relative of a poor person and of sufficient ability to maintain him, her or them as provided in section six hundred and eighty-three of the charter of the city of New York, on consent of the parties to said proceeding, the magistrate who sentenced the defendant, or the magistrate sitting, in a magistrate's domestic relations court in which said defendant was convicted, if in the judgment of said magistrate it is to the interest of all the parties so to do, may enter an order discontinuing said proceeding and discharge said defendant from probation, imprisonment if said defendant be imprisoned, or cancel any bond or undertaking given therein. (As amended by chapter 757 of the Laws of 1911.)

AN ACT to provide for the appointment of a female probation officer in the court of special sessions of the first division of the city of New York, and to compensate her for such services.

Chapter 382, Laws of 1902.

Section 1. The justices of the court of special sessions of the first division of the city of New York are hereby empowered to appoint a female probation officer in that court.

§ 2. By and with the consent and concurrence of the board of estimate and apportionment, the justices of this court may fix the compensation of such probation officer at a sum not exceeding one thousand two hundred dollars per annum, payable in equal monthly installments.

Letchworth Village.

AN ACT to provide for the management of the Eastern New York State Custodial Asylum, to be known hereafter as the "Letchworth Village," and for the admission and control of inmates therein.

Chapter 446, Laws of 1909.

§ 1. The Eastern New York State Custodial Asylum, established by chapter three hundred and thirty-one of the laws of nineteen hundred and seven, as amended by chapter two hundred and ninety-two of the laws of nineteen hundred and eight, is hereby continued by the name and title of "Letchworth Village," in honor of William Pryor Letchworth of Portage, New York, whose efficient public service in behalf of the feeble-minded, epileptic and other dependent unfortunates the state desires to commemorate.

§ 2. Appointment and terms of managers. The Letchworth Village shall be under the control of a board of seven managers, to be appointed by the governor by and with the advice and consent of the senate. All such members shall be residents of this state. The terms of the managers appointed after the first seven shall be seven years, except that managers appointed to fill vacancies shall hold office for the unexpired terms of the managers

whom they succeed. The term of office of one such manager shall expire on the first Tuesday in February in each year, and in the appointment of the first members of the board the governor shall designate one to serve one year, one to serve two years, one to serve three years, one to serve four years, one to serve five years, one to serve six years, and one to serve seven years. The governor may remove any manager at any time for cause, on giving to such manager an opportunity to be heard. Such managers shall receive no compensation for their time or services, but the actual expenses necessarily incurred by them in the performance of their duties shall be paid in the same manner as the other expenses of the village.

§ 3. General powers and duties of the managers. The board of managers shall:

1. Have the general superintendence, management and control of the institution over which it is appointed, of the grounds and buildings, officers and employees thereof, of the inmates therein, and of all matters relating to the government and discipline, and shall make such rules and regulations as may seem to it necessary for carrying out the purposes of such institution.

2. Maintain an effective inspection of the affairs and management of the village, for which purpose the board shall meet once in every month at the institution, and at such other times as may be prescribed in the by-laws, but the annual meeting of the board shall be held on the second Wednesday of October.

3. Keep in a book provided for that purpose a full and fair record of its doings which shall be open at all times for the inspection of the members and officers of the state board of charities, the fiscal supervisor of state charities or any person or persons appointed by the governor or either branch of the legislature to examine the same, and shall forward monthly minutes of the meetings of the board and reports of its inspections, to the governor, the state board of charities and the fiscal supervisor, such reports to be signed by the managers present at the meetings.

4. Appoint from among its members a president, secretary and treasurer. The board shall also appoint a superintendent who shall hold office during the pleasure of the board, residing at the institution, and shall, subject to the provisions of the state finance

law and the appropriations made annually by the legislature, fix the compensation of the officers and employees of the institution.

§ 4. Annual report. The board of managers shall make to the legislature in January of each year a detailed report with suitable suggestions and such other matter as may be required of them for the year ending on the thirtieth day of June preceding the date of such report. (As amended by chapter 118 of the Laws of 1916.)

§ 5. Temporary care of grounds and buildings. Until the appointment of the managers in accordance with the provisions of this act, the commission appointed by the governor to select a site for the Eastern New York State Custodial Asylum under the provisions of chapter three hundred and thirty-one of the laws of nineteen hundred and seven, as amended by chapter two hundred and ninety-two of the laws of nineteen hundred and eight, shall be continued as a commission to care for and improve the lands, buildings and other properties of the Letchworth Village, and shall exercise to this extent all the powers of the board of managers for the purpose of preserving, protecting and developing the property and making the necessary arrangements for the opening of the institution at the earliest possible date.

§ 6. Transfer of functions. Upon the appointment and organization of the board of managers provided for by section two of this act, the powers vested in the commission appointed to select the site in accordance with the provisions of said chapter three hundred and thirty-one of the laws of nineteen hundred and seven, as amended by chapter two hundred and ninety-two of the laws of nineteen hundred and eight, shall cease and determine, and the further work contemplated in such chapters three hundred and thirty-one of the laws of nineteen hundred and seven and two hundred and ninety-two of the laws of nineteen hundred and eight, shall be performed by the board of managers provided for herein, and the said board of managers shall exercise all the powers conferred upon such commission in accordance with the terms of said acts.

§ 7. Buildings and improvements. The board of managers of the Letchworth Village are authorized, empowered and required to proceed with the construction and equipment of all necessary and suitable buildings, including the heating, lighting, plumbing, laundry fixtures, and water supply, and of the sewage disposal plant therefor, as soon as appropriations are made for such purposes by the legislature, but the plans for all such buildings and improvements shall be made by the state architect and the contracts for the erection of the said buildings and improvements shall be subject to the provisions of section forty-nine of the state charities law, constituting chapter fifty-seven of the laws of nineteen hundred and nine. The board of managers shall put the buildings and grounds of the village into proper condition for the reception of patients as rapidly as possible and shall utilize such of the existing buildings as it may deem suitable for the reception of inmates, and employ such inmates in work suited to their physical and mental condition so far as in the judgment of said board the same shall be feasible.

§ 8. General powers of the superintendent. The superintendent shall be the chief executive officer of the Letchworth Village, and subject to the by-laws, rules and regulations thereof and powers of the board of managers, shall:

1. Have control of the internal affairs and shall maintain discipline therein and enforce compliance with and obedience to all rules, by-laws, regulations and ordinances adopted by the said board of managers for the government, discipline and management of said Letchworth Village.

2. Have the general supervision and control of the grounds and buildings of the village and subordinate officers and employees and the inmates thereof and of all matters related to their government and discipline.

3. Make such additional rules, regulations and orders, not inconsistent with law, or with the rules, regulations or directions of the board of managers of the village as may seem necessary and proper for the government of such institution and its officers and employees and for the employment, discipline and training of the inmates.

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