Whenever, under § 28. Duty of officer arresting child. 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 place of detention. § 29. Bail. In addition to the officers now employed by law to take bail or recognizance in the case of a child charged with an offense, the court shall have power to designate the superintendent or other employee of said place of detention for children, or one or more of its clerks, officers or other employees, who shall have authority to take bail in such cases. Such designation shall be made by the justice sitting in the children's court, and may be revoked at the pleasure of the justice making the designation. far as practicable, it shall be the duty of the justice sitting at children's court to require that some person so authorized shall be at the place of detention for the purpose of taking bail or recog nizance at any time, day or night. So $ 30. Jurisdiction. The children's court shall have in the first instance exclusive jurisdiction to try and determine all offenses of juvenile delinquency committed within the city of Syracuse, and all offenses committed by children within said city not punishable by death or life imprisonment; and the justice thereof shall have power to hear and adjudicate all charges against children of the grade of juvenile delinquency and all charges coming within the summary jurisdiction of the justice of said court, and in all cases where the court or justice thereof has power to commit children as provided by law. § 31. Disposition in certain cases of children charged with an offense. Whenever a child is charged with an offense of juvenile delinquency, which if committed by an adult would be a misdemeanor, or a felony not punishable by death or life imprisonment, the justice sitting in the children's court shall, as 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 request, 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 of 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 eightysix of the penal law in the case of a child not having proper guardianship; and in a case where he shall so adjudge, before or instead of committing such child to confinement in any institution, he may commit him to the place of detention for children. provided for in this act, or place such child on probation. ARTICLE III. Probation. Section 32. Appointment and compensation of probation officers. 33. Powers and duties of probation officers. 34. Children; period of probation. 35. Adults; period of probation. § 32. Appointment, removal and compensation of probation officers. The justice shall have authority to appoint one paid probation officer, and such additional paid probation officers as the board of estimate and apportionment may from time to time authorize. The justice may at pleasure remove any probation officer. The justice may designate one of the probation officers so appointed to be chief probation officer. The board of estimate and apportionment shall fix the salary or compensation of the paid probation officers appointed in pursuance hereof, and shall provide for the payment of such expenses as are necessarily íncurred by them in the performance of their duties. The justice shall have power to appoint such volunteer probation officers as he may see fit. § 33. Powers and duties of probation officers. The probation officers shall have all the powers and duties now con ferred upon probation officers by the code of criminal procedure and by law. They shall keep such records and conform to such rules and regulations as may be established by the justice. The chief probation officer shall perform such additional duties as may be required by order of the justice. He shall in addition be a deputy clerk of the court of special sessions, and have the same powers and duties as are conferred and imposed upon deputy clerks by section seventeen of this act. § 34. 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. § 35. Adults; period of probation. An adult convicted of a misdemeanor may be placed on probation for such time as the justice holding the court of special sessions may deem proper, not longer, however, than two years. An adult convicted of an offense of which the court or justice thereof has summary jurisdiction may be placed on probation for such time as the court or the justice may deem proper, not longer, however, than one year. § 36. Revocation of probation. Probation may be revoked at any time within the maximum periods above mentioned by the court or justice thereof; but as far as practicable the revocation of probation shall be made by the justice who placed the child or adult on probation. Upon such revocation the justice 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 court or justice thereof, as the case may be, may issue process for the rearrest of the defendant and when arraigned the court as it is then constituted, or the justice thereof, may proceed to enter judgment and impose sentence as herein provided. THE CODE OF CIVIL PROCEDURE. CHAPTER XVII. Summary Proceedings to Recover the Possession of Real Property. * * * * § 2231. When teuant may be removed. In either of the following cases, a tenant or lessee at will, or at sufferance, or for part of a year, or for one or more years, of real property, including a specific or undivided portion of a house or other dwelling, and his assigns, under-tenants, or legal representatives, may be removed therefrom, as prescribed in this title: * 5. Where the demised premises, or any part thereof, are used or occupied as a bawdy-house, or house or place of assignation for lewd persons, or for purposes of prostitution, or for any illegal trade or manufacture, or other illegal business. * § 2235. Who can maintain proceedings. Contents of petition. The application may be made by the landlord or lessor of the demised premises; the purchaser upon the execution or foreclosure sale; the person forcibly put out or kept out; the person with whom, as owner, the agreement was made, or the owner of the property occupied under an agreement, to cultivate the property upon shares, or for a share of the crops; or the person lawfully entitled to the possession of the property intruded into or squatted upon, as the case requires; or by the legal representative, agent, or assignee of the landlord, purchaser, or other person, so entitled to apply; or by the person or corporation authorized to proceed under section twenty-two hundred and thirtyseven of this act. The applicant must present to the judge or justice, a written petition, verified in like manner as a verified complaint in an action brought in the supreme court; describing the premises of which the possession is claimed, and the interest therein of the petitioner, or the person whom he represents; stating the facts, which, according to the provisions of this title, authorize the application by the petitioner, and the removal of the person in possession; naming or otherwise intelligibly designating, the person or persons against whom the special proceeding is instituted, and, if there are two or more such persons, and some are undertenants or assigns, specifying who are principals or tenants, and who are undertenants or assigns; and praying for a final order to remove him or them respectively. § 2237. Petition in case of bawdy-houses, etc. An owner or tenant, including a tenant of one or more rooms of an apartment house or tenement house, of any premises within two hundred feet from other demised real property used or occupied in whole or in part, as a bawdy-house, or house, or place of assignation for lewd persons, or for purposes of prostitution, or any domestic corporation organized for the suppression of vice, subject to or which submits to visitation by the state board of charities, and possesses a certificate from such board of such fact and of conformity with its regulations, may serve personally upon the owner or landlord of the premises, so used or occupied, or upon his agent, a written notice, requiring the owner or landlord to make an application for the removal of the person so using or occupying the same. If the owner or landlord, or his agent, does not make such application, within five days thereafter; or, having made it, does not in good faith diligently prosecute it; the person or corporation giving the notice may make an application for such removal on a petition stating the jurisdictional facts, which application shall have the same effect, except as otherwise expressly prescribed in this title, as though the applicant were the owner or landlord of the premises, and shall have precedence over any similar application thereafter made by such owner or landlord or to one theretofore made by him and not prosecuted diligently and in good faith. Proof of the ill repute of the demised premises or of the inmates thereof or of those resorting thereto shall constitute presumptive evidence of the unlawful use of the demised premises, required to be stated in the petition for removal. |