$36. Arraignment of children. Whenever under any provision of law a child is taken into custody, it shall be the duty of the officer having the child in charge and with all convenient speed to take such child to the children's court, if in session, and if not then to the rooms of a duly incorporated society for the prevention of cruelty to children; and it shall be unlawful for any such officer to take such child to any police station. § 37. Jurisdiction of children's courts. The children's courts and the justices thereof shall hear and adjudicate all charges against children of the grade of or under section twenty-one hundred and eighty-six of the penal law, permitted to be tried as misdemeanors and all charges against children for which they can be found. guilty of juvenile delinquency, and all other cases in which the court or any justice thereof has power to commit children as provided by law. $38. Procedure in children's courts. The children's courts shall be open during such hours as the chief justice by public rule shall announce, and one of said justices shall be in attendance, who shall possess and exercise, as to all matters arising in said court, all the powers and jurisdiction of the court of special sessions, unless an objection shall be interposed by the prosecution or the defense at or before the time the defendant, or defendants, are called upon to plead. If an objection be interposed, or thereafter, if permitted by the justice presiding, the case shall be adjourned to some future day when a trial may be had before three justices. Any order, determination or judgment of one of said justices when sitting alone, pursuant to the foregoing provisions, or any two of said justices when three are sitting, shall be the order, determination or judgment of the court of special sessions. $39. Disposition of children in certain cases. In addition to the powers and jurisdiction now conferred by law, whenever a child is charged with an offense of the grade of a misdemeanor or under section twenty-one hundred and eighty-six of the penal law permitted to be tried as a misdemeanor, the justice sitting in the children's court shall so far as is consistent with the interest of the child and of the state consider the child not as upon trial for the commission of a crime, but as a child in need of the care and protection of the state; to that end he may, if the child or either parent or any guardian or custodian of such child shall so requcst, before proceeding with the trial of the child for the offense charged, or at any stage of the trial and before conviction, suspend the trial and inquire into all the facts and surrounding circumstances of the case, and if the justice shall so find, he may in his discretion, in lieu if proceeding with the trial, adjudge the child to be in need of the care and protection of the state and thereupon he shall deal with such child in all respects in the manner provided in section four hundred and eighty-six of the penal law in the case of a child not having proper guardianship. § 40. Appeals from special sessions. If any judgment or de termination made by the court of special sessions shall be adverse to the defendant he may appeal therefrom in the same manner as from a judgment in an action prosecuted by indictment, and may be admitted to bail upon an appeal in like manner; and if the judgment of the supreme court upon such an appeal shall be adverse to the defendant, he may appeal therefrom to the court of appeals as prescribed in the code of criminal procedure. In case of any such appeal to the supreme court, or to the court of appeals, the procedure in, and the jurisdiction of, the said courts, respectively, shall be the same as from a judgment of conviction after indictment. 8 41. Duty of district attorney to attend court.-It shall be the duty of the district attorney of the counties of New York, Kings, Queens and Richmond, respectively, to attend in person or by an assistant or deputy assistant at all sessions of any part of the court of special sessions held within this county, except the children's court. § 42. Children's courts in boroughs of Queens and Richmond. - On and after the first day of September, nineteen hundred and ten, the city magistrates shall not have jurisdiction in any child's case in the boroughs of Queens and Richmond but the jurisdiction in all cases of children shall be had and possessed by the court of special sessions and its justices to the same extent and manner in which such jurisdiction existed on the thirtieth day of June, nineteen hundred and ten, in the children's cases arising in the boroughs of Manhattan, Bronx and Brooklyn. PROBATION. Section 96. Probation officers; appointment and removal. 99. Children; periods of probation. 96. Probation officers; appointment and removal. On or before the first day of September, nineteen hundred and ten, the chief justice of the court of special sessions shall appoint a chief probation officer and similarly each chief city magistrate shall appoint a chief probation officer. The duties of said chief probation officers shall be prescribed by the chief justice and each chief city magistrate respectively. The civilian male and female probation officers of the courts of special sessions of the first and second divisions and the female probation officers of the board of city magistrates of the first division and the female probation officers and civilian male probation officers of the board of city magistrates of the second division shall continue in office, unless and until removed as provided by this act. A majority of the justices of the court of special sessions as constituted by this act shall, on or before the first day of September, nineteen hundred and ten, appoint, in addition to the probation officers continued as aforesaid, civilian probation officers not to exceed twelve in all, including those continued in office as hereinbefore provided. The board of city magistrates of the first division shall appoint ten civilian male probation officers on or before the first day of September, nineteen hundred and ten, and the board of city magistrates of the second division shall appoint five civilian male probation officers in addition to those continued as hereinbefore provided. The majority of the justices of the court of special sessions and of the respective boards of magistrates may from time to time appoint such additional probation officers as the board of aldermen, upon the recommendation of the board of estimate and apportionment, may authorize. On and after the first day of September, nineteen hundred and ten, no police officer shall be designated or act as a probation officer. The chief probation officers and all other probation officers shall be deemed the con fidental officers of the justices and magistrates. The chief justice or the chief city magistrate, as the case may be, or a majority of the justices or a majority of each board of magistrates, may at pleasure remove the chief probation officer or any probation officer. § 97. Powers and duties of probation officers.- Each probation officer shall have all the powers and duties conferred upon probation officers by the code of criminal procedure. Probation officers shall keep such records and conform to such rules and regulations as may be established by a majority of the justices or of the respective boards of magistrates, as the case may be. It shall be the duty of the chief justices and each chief city magistrate, respectively, to see that such rules and regulation's are observed and that such records are properly kept. So far as may be practicable, certain of the probation officers of the court of special sessions shall be permanently assigned by a majority of the justices to the children's courts. § 98. Adults; period of probation.-An adult convicted of a misdemeanor may be placed on probation for such time as the court of special sessions may deem proper, not longer, however, than two years. An adult convicted of an offense of which a magistrate has summary jurisdiction may be be placed on probation for such time as the magistrate may deem proper, not longer, however, than one year. § 99. Children; period of probation.- A child may be placed on probation for such time as the justice holding the children's court may deem proper, not longer, however, than three years, and such probation period may extend beyond the time such child attains the age of sixteen years. When practicable a child placed on probation shall be placed with a probation officer of the same religious faith as that of the child's parents. § 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 *So in original. 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. § 11-a. Probation officer; appointment, duties; powers; procedure; transfers. 1. The magistrates of the courts having original jurisdiction of criminal actions in the state, may from time to time appoint a person or persons to perform the duties of probation officer or officers as hereinafter described, within the jurisdiction of the courts of such magistrates and under the direction of such magistrates, to hold such office during the pleasure of the magistrate or magistrates making such appointment and of their successors. Such probation officer or officers may be chosen from among the officers of a society for the prevention of cruelty to children or of any charitable or benevolent institution, society or association now or hereafter duly incorporated under the laws of this state, or be reputable private citizens, male or female. The appointment of a probation officer must be made in writing and entered on the records of the court of the magistrate or magistrates making such appointment, and copies of the order of appointment must be delivered to the officer so appointed and filed with the state probation commission. Any officer or member of the police force of any city or incorporated village who may be detailed to |