officers appointed by the court, with their address and date of appointment. (As amended by chapter 372 of the Laws of 1901.)

§ 942. The clerk or the deputy clerk of the court of special Bessions in the city and county of New York shall on or before the first day of February, eighteen hundred and ninety-five, and quarterly thereafter, transmit to the secretary of state a tabulated and certified statement, in the form prescribed by the secretary of state, containing the name of every person convicted of a crime, of every person against whom sentence was suspended, and of every person placed on probation in such court, after October thirty-first, eighteen hundred and ninety-four, and since the date of the closing of each last preceding quarterly report; a description of the offense of which such person was convicted; whether the conviction was upon a trial or upon a plea of guilty; and the date of the conviction; and also a certified statement containing the names of all probation officers appointed by the court, with their address and date of appointment. The police clerks of the city magistrates of the city of New York shall, on or before February first, nineteen hundred and one, and annually thereafter, transmit to the secretary of state, a tabulated statement made from their records, showing the number of males and females convicted of crime during each month in the preceding quarter in the several courts of such city magistrates; the number convicted of each offense, the number sentenced, the number fined, the number of those against whom sentence was suspended, and the number placed on probation; and shall also furnish a certified statement containing the names of all probation officers appointed by the magistrates, with their address and date of appointment. Such statement shall be in the form prescribed by the secretary of state. (As amended by chapter 372 of the Laws of 1901.)

§ 943. On or before the first day of February, eighteen hundred and ninety-five, and quarterly thereafter, the clerk of each county shall transmit to the secretary of state a tabulated and certified statement, in the form prescribed by the secretary of state, of all the matters contained in the statements filed with such clerks. by the district-attorney of such county after October thirty-first, eighteen hundred and ninety-four; and of the name of each person

shown to be convicted by a court of special sessions by the certificate of conviction filed with him by magistrates holding courts of special sessions after October hirty-first, eighteen hundred and ninety-four, and since the date of closing of each last preceding quarterly report made after October thirty-first, eighteen hundred and ninety-four, and showing the offense for which each person was so convicted; whether the conviction was upon a trial or upon a plea of guilty; the sentence imposed, whether the sentence was suspended, and whether the defendant was placed on probation. Said certified statement shall also contain the names of all probation officers appointed by said courts of special sessions, with their address and the date of their appointment. (As amended by chapter 372 of the Laws of 1901.)

§ 946. The secretary of state shall cause this title to be published with forms and instructions for the execution of the duties therein prescribed, and copies thereof to be furnished annually to each county clerk. The forms furnished by the secretary of state as herein provided, shall contain in tabulated form, the nature of every offense upon which conviction was had, the court before which the defendant was convicted, the character of the sentence imposed, the cases where defendant had been previously convicted, the cases where sentence was suspended, the cases where the defendant was placed upon probation, and the cases where probation was revoked, together with the age, sex, nativity and residence of the defendant. And a sufficient number of the copies of this title, and of such instructions, and of the forms to be used by the district attorney, or clerk or deputy clerk of the court of special sessions of the city and county of New York, shall also be furnished to each clerk to enable him to furnish at least one copy thereof annually to the district attorney, and the clerk of the court of special sessions of the city and county of New York, and the county clerk shall distribute the copies of this title and of such forms and instructions accordingly, and when said county clerk is not a salaried officer his disbursements and compensation for his services under this act shall be a county charge. The expense of the secretary of state in publishing this title and distributing

copies thereof, and of such forms and instructions as are herein. required, shall be paid by the treasurer of the state, upon the warrant of the comptroller, from moneys in the treasury not otherwise appropriated. (As amended by chapter 372 of the Laws of 1901.)

Commission on Sites, Grounds and Buildings.

AN ACT to establish a commission on sites, grounds and buildings.

Chapter 625, Laws of 1913.

§ 1. There shall be a commission on sites, grounds and buildings which shall have power to acquire by gift, purchase or condemnation such properties as will be required from time to time and lay out the grounds and locate all buildings to be erected at all state institutions reporting to the fiscal supervisor and state board of charities and such as may hereafter be established. Said commission shall be composed of the fiscal supervisor, a member of the state board of charities, the state architect, a member of the conservation commission and the commissioner of agriculture, or their designated representatives, the chairman of the senate finance committee and the chairman of the assembly ways and means committee; said commission to have authority to appoint the necessary employees needed to conduct the business of the said commission. The chairman of the senate finance committee and the chairman of the assembly ways and means committee shall be paid their traveling and other expenses incurred while discharging their duties as members of this commission. The commission on sites, buildings and grounds shall report to the governor in detail its actions and decisions on all matters relating to sites, location of buildings and laying out of grounds of existing institutions reporting to the fiscal supervisor of state charities and state board of charities, together with those under construction and such as may hereafter be established. The actions and decisions of the commission shall be final and subject to review only by the governor at a public hearing.

§ 2. The fiscal supervisor shall be chairman of said commission, and as such shall have supervision of the financial and business affairs of the commission. He shall as chairman annually prepare a request to the legislature for suitable appropriations toward aiding the commission to properly perform its duties. The said commission, through its chairman, shall report annually to the legislature, and from time to time, as occasions may arise, to the governor, all the proceedings and accomplishments in the performance of its duties.

§ 3. All acts or parts of acts of general or special laws inconsistent with this act are hereby repealed.

Chapter 625 of the Laws of 1913, an act establishing a commission on site,

grounds and buildings, expressly repealed so much of the provisions of chapter 502 of the Laws of 1912, an act establishing a State reformatory for misdemeanants, as are inconsistent.

The provision in the first-mentioned act providing generally for the selection and purchase of sites, grounds and buildings for all those institutions reporting to the Fiscal Supervisor and the State Board of Charities, is inconsistent with the requirement in the second-mentioned statute, that the board of managers shall select and, with the approval of the Gov ernor, purchase a site for the reformatory.

Chapter 502 of the Laws of 1912 is repealed so far as this inconsistency is

concerned, and the first mentioned act governs.

Said chapter 625 of the Laws of 1913 did not take from the board of man

agers of the State Reformatory for Misdemeanants the right to hold monthly meetings, as provided in section 50 of the State Charities Law. Said section contemplates the existence of an institution in operation, and where, as here, the site has not been selected nor the institution erected, monthly meetings may be dispensed with until the above condition is fulfilled.

INQUIRY.

1. What effect has chapter 625 of the Laws of 1913 (an act to establish a commission on sites, grounds and buildings) upon the board of managers of the State Reformatory for Misdemeanants, established by chapter 502 of

the Laws of 1912?

2. Does the said act of 1913 take from the Board of Managers of the Reformatory for Misdemeanants the right to hold monthly meetings as well as the right to purchase land and erect buildings?

3. Is it necessary or advisable to hold such meetings prior to the purchase of a site and the erection of the institution?

OPINION.

By chapter 502 of the Laws of 1912, a reformatory for misdemeanants was established for the reformation and educational, industrial and moral instruction and training of males under conviction and sentence for the com. mission of misdemeanors or other minor offences. The management and control of the reformatory is by a board of managers appointed pursuant to the provisions of the State Charities Law.

The Board is required to select a site for the reformatory, and, upon approval by the Governor, to purchase such site. It was also required under the act to prepare the ground so purchased for use as a site, to provide a water supply and system of drainage therefor, to determine what buildings are necessary to be erected thereon, and to act as a board of managers in the erection of said building and in the expenditures of the moneys appropriated in the act for the purchase and improvement of the site.

Fifty thousand dollars was appropriated for the purposes of the act. Out of this sum the purchase of the site for the reformatory was to be paid as well as other expenses.

By chapter 625 of the Laws of 1913, a commission on sites, grounds and buildings was established. In the words of the act:

"There shall be a commission on sites, grounds and buildings, which shall have power to acquire by gift, purchase or condemnation such property as will be required from time to time and lay out the grounds and locate all buildings to be erected at all state institutions reporting to the fiscal supervisor and state board of charities. Said commission shall be composed of the fiscal supervisor, a member of the state board of charities, the state architect, a member of the conservation commission and the commissioner of agriculture, or their designated representatives, the chairman of the senate finance committee and the chairman of the assembly ways and means committee; The commission on sites, buildings and grounds shall report to the governor in detail its actions and decisions on all matters relating to sites, location of buildings and laying out of grounds of existing institutions reporting to the fiscal supervisor of state charities and state board of charities, together with those under construction

*

This act became a law May 23, 1913, and took effect immediately. (Section 4 of the act.)

The act also provides (section 3):

"All acts or parts of acts of general or special laws inconsistent with this act are hereby repealed."

In mentioning these acts, for the sake of brevity I shall call chapter 502 of the Laws of 1912, Reformatory for Misdemeanants, and chapter 625 of the Laws of 1913, Commission on Sites.

In an opinion I heretofore rendered the board of managers of the Reformatory for Misdemeanants (letter to that board dated January 15, 1913) I held that it was a State institution reporting to the Fiscal Supervisor and