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to an institution authorized by law to receive commitments for the offense of which he was originally convicted, and of persons of his age at the time of his commitment. If a probationer without permission disappears from oversight, or departs from the jurisdiction of the court, the time during which he keeps his whereabouts hidden or remains away from the jurisdiction of the court may be added to the original period of probation.

5. Transfers. A court or magistrate may transfer a probationer from the supervision of one probation officer to that of another probation officer, and such transfer shall be reported by the court or magistrate to both of such probation officers and to the probationer, and a record of the transfer shall be filed with the records. of the case. Whenever a probationer resides in a county other than the county in which he has been convicted and placed on probation, or whenever a probationer desires to remove to a county other than that in which he has been placed on probation, and it seems likely that such removal will promote his welfare and will not make him a menace or public charge to such other county, the court placing him on probation, or a magistrate thereof, may transfer him to a salaried probation officer of the city or county to which the probationer is to move, provided such probation officer sends the court or magistrate desiring to make such transfer a written statement that he will exercise supervision over the probationer, and provided such statement is approved in writing by the magistrate of the court to which such probation officer is attached. Such probation officer shall report concerning the conduct and condition of such probationer to the court or magistrate making the transfer.

(As amended by chapter 613 of the Laws of 1903, chapter 482 of the Laws of 1909, and chapter 610 of the Laws of 1910.)

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§ 483. Probation; fine; restitution; transfer from supreme to county court.

After a plea or verdict of guilty. in a case where a discretion is conferred upon the court as to the extent of the punishment, and where there appear to be circumstances in mitigation of the punishment, the court shall have

power, in its discretion, to place the defendant on probation in the manner following:

1. The court upon suspending sentence, may place such person on probation during such suspension under the charge and supervision of a probation officer. When practicable, any minor child, placed on probation shall be placed with a probation officer of the same religious faith as that of the child's parents. The parents, guardian or master of such child, if the child has any, shall be summoned by the magistrate to attend any examination or trial of such child and to be present in court when the child is placed on probation and informed by the court of the action taken in such case.

2. If the judgment is to pay a fine and that the defendant be imprisoned until it is paid, the court upon imposing sentence may direct that the execution of the sentence of imprisonment be suspended for such period of time, and on such terms and conditions as it shall determine, and shall place such defendant on probation under the charge and supervision of a probation officer during such suspension, provided, however, that upon payment of the fine being made, the judgment shall be satisfied and the probation The court may, upon consent of the defendant and as one of the conditions of suspension of sentence, or of probation, require him while under suspended sentence or on probation to make restitution or reparation to the aggrieved parties in an amount to be fixed by the court, not to exceed the actual losses or damages caused by his offense; or the court may require the defendant while under suspension of sentence or on probation to support his children.

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3. Whenever a defendant is placed on probation in the supreme court, the court or the justice thereof presiding at the time the defendant is placed on probation, or if the supreme court is not sitting and if such justice is not in the county, any other justice of the supreme court in that district, may, upon the consent of the defendant, enter an order transferring the probationer to the jurisdiction of the county court of the county in which the conviction occurred. The powers and duties of the county court, the county judge and the probation officer under whose supervision the probationer is placed, shall, with respect to such probationer, there

after be the same as though the probationer were originally placed on probation by such county court, under such probation officer. Whenever a probationer is transferred to the jurisdiction of a county court as hereinabove provided, the supreme court shall transfer to the county court the judgment-roll of the case, or a certified copy thereof.

4. At any time during the probationary period of a person convicted and released on probation in accordance with the provisions of this section, the court before which, or the justice before whom, the person so convicted was convicted, or his successor, or the court to which the person on probation is transferred as hereinabove provided, may in its or his discretion, revoke and terminate such probation. Upon such revocation and termination, the court may, if the sentence has been suspended, pronounce judgment at any time thereafter within the longest period for which the defendant might have been sentenced, or, if judgment has been pronounced and the execution thereof has been suspended, the court may revoke such suspension, whereupon the judgment shall be in full force and effect for its unexpired term.

(As amended by chapter 372 of the Laws of 1901, chapter 613 of the Laws of 1903, chapter 656 of the Laws of 1905, chapter 217 of the Laws of 1909, and chapter 346 of the Laws of 1910.)

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§ 487. Commitment of the defendant. If the judg ment be imprisonment, or a fine and imprisonment until it is paid, the defendant must forthwith be committed to the custody of the proper officer, and by him detained, until the judgment be complied with. Where, however, the court has suspended sentence, or where after imposing sentence, the court has suspended the execution thereof and placed the defendant on probation, as provided in section four hundred and eighty-three of the code of criminal procedure, the defendant must forthwith be placed under the care and supervision of the probation officer of the court committing him until the expiration of the period of probation and the compliance with the terms and conditions of the sentence or of the suspension thereof. Where, however, the probation has been terminated, as provided in paragraph four of section four hundred and eighty-three of the core of criminal procedure, and

the suspension of the sentence or of the execution revoked, and the judgment pronounced. the defendant must forthwith be committed to the custody of the proper officer and by him detained until the judgment be complied with. (As amended by chapter 372 of the Laws of 1901, and chapter 613 of the Laws of 1903.)

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Subdivision 4. Whenever a child under the age of sixteen years is arrested charged with any offense except a felony or a crime which if committed by an adult would be a felony, a captain or sergeant or acting sergeant of police, in any city may accept, in lieu of bail, the personal recognizance in writing, without security, of a parent, guardian or other lawful custodian of such child, to produce such child before the proper court or magistrate on the following day at a time and place to be specified in said recognizance; and thereupon he shall place said child in the care and custody of the person executing the same who, cn failure to so produce said child, pursuant to the terms of such recognizance, shall be liable to punishment by the court or magistrate, as for a criminal contempt in the manner provided in the code of civil procedure. A similar recognizance may be taken by the court or magistrate for the subsequent production of such child at a time and place to be specified therein, pending the final termination of the proceedings, and noncompliance therewith shall subject the person giving the same to the same punishment. Such failure to produce the child shall in either case vacate the said recognizance and warrant the immediate arrest of the child by order of the court or magistrate. But nothing in this act contained shall authorize the acceptance of such personal recognizance for the production of a child who has been subject of a crime or a witness to its commission by another. (As amended by chapter 372 of the Laws of 1901, and chapter 656 of the Laws of 1905.)

TITLE VI OF PART VI

Of Proceedings Respecting Vagrants.

Section 887. Who are vagrants.

887a. Tramp defined.

888. Proceedings before magistrate.

Section 889.

890.

Examination as to residence.

Peace officers, when required by any person, to carry vagrant before a magistrate for examination.

891. Vagrant, when to be convicted; form of certificate of conviction.

892.

893.

894.

Certificate to constitute record of conviction, and to be filed; commitment of vagrants.

Children begging, how disposed of.

Arrest of vagrants.

895. Private citizen may do so, without warrant.

896. Peace officer may require aid; duty of persons required to aid him.

897. Neglect or refusal to aid peace officer, without lawful cause, a misdemeanor. Punishment.

898. Magistrate may depute an elector of the county to make arrest of person disguised. If his name be not known, fictitious name may be used.

898a. Summary punishment of professional criminals.

§ 887. Who are vagrants. The following persons are vagrants:

1. A person who, not having visible means to maintain himself, lives without employment;

2. A person who, being an habitual drunkard, abandons, neglects, or refuses to aid in the support of his family;

3. A person who has contracted an infectious or other disease, in the practice of drunkenness or debauchery, requiring charitable aid to restore him to health.

4. A person (a) who offers to commit prostitution; or (b) who offers or offers to secure a female person for the purpose of prostitution, or for any other lewd or indecent act; or (c) who loiters in or near any thoroughfare or public or private place for the purpose of inducing, enticing or procuring another to commit lewdness, fornication, unlawful sexual intercourse or any other indecent act; or (d) who in any manner induces, entices or procures a person who is in any thoroughfare or public or private place, to commit any such acts; or (e) who is a common prostitute who has no lawful employment whereby to maintain herself. (As amended by chapter 285 of the Laws of 1915.)

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