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graphic minutes of the testimony and other proceedings in all cases heard or tried before the court, except the judge shall dispense with the taking of said minutes, and he shall also perform all such other and further duties as the judge may direct. The stenographer shall preserve the original minutes taken by him in every case, and upon order of the judge file the same with the clerk of the court, and he may furnish to anyone applying therefor á transcript of said minutes and may charge and receive therefor the sum of five cents for each folio of one hundred words contained in said transcript. (As amended by chapter 124 of the Laws of 1914.)

§ 523. Oaths of office. The judge, clerk and other officers and employees of said court shall take the oath of office and file the same in the office of the city clerk before entering upon the discharge of any of their duties.

§ 523-a. Police officers ex-officio marshals. Every police officer of the city of Buffalo shall be ex-officio a marshal of the children's court for the execution of processes issued out of said court, and in that behalf shall perform, from time to time, such duties in respect thereto as may be required of him by said court. (Added by chapter 124 of the Laws of 1914.)

§ 524. Appointment, removal and compensation of probation officers. The judge of this court shall have authority to appoint three probation officers, one of whom must be a woman, and such additional probation officers as the common council may by ordinance from time to time authorize. The judge of this court may at pleasure remove any probation officer. The common council of the city of Buffalo shall, by ordinance, provide for the compensation of probation officers, and for the payment of such expenses as are necessarily incurred by them in performance of their duties.

$525. Powers and duties of probation officers. The probation officers shall have all the power and duties now conferred upon probation officers by the code of criminal procedure. They shall keep such records and conform to such rules and regulations as may be established by the judge. It shall be the duty of the

judge to see that such rules and regulations are observed and that such records are properly kept.

§ 526. Children; period of probation. A child may be placed on probation for such time as the judge 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.

§ 527. Adults; period of probation. An adult convicted of a misdemeanor may be placed on probation for such time as the judge may deem proper, not longer, however, than two years.

§ 528. Revocation of probation. Probation may be revoked at any time within the maximum periods above mentioned by the judge. Upon such revocation the judge may make such commitment as could have originally 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 pronounced, imposed or made at the time the conviction was had. Whenever probation is revoked, the judge may issue process for the rearrest of the defendant and when arraigned the judge may proceed to enter judgment and impose sentence as herein provided.

§ 529. Revocation of designation of police officer. Whenever a police officer is appointed or designated a probation officer with the concurrence of the department of police, such appointment or designation cannot be revoked by any official of the department of police for the period of one year from the date of such appointment; and such officer while serving as a probation officer shall be subject only to the orders of the judge, except in cases of emergency when his services may be required by the de partment of police, or except that he may be suspended, reduced or removed by the board of police for the reason and in the manner provided by section one hundred and ninety-two of this act. The judge may revoke the appointment or designation of any police officer at pleasure, and thereupon such police officer must return at once to his duties in the department of police.

§ 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, re quiring 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.

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