Page images
PDF
EPUB

§ 1023. Upon the death of a master to whom a person has been bound to service, as clerk, apprentice or servant, by the county superintendents of the poor, or by the overseers of the poor, or in the city of NewYork, by the governors of the alms-house, the personal representatives of the master may, with the written consent of the clerk, apprentice or servant, acknowledged before a justice of the peace or police justice, assign the indenture or contract of service to another, who thereby becomes vested with all the rights of the

master.

Same as 2 R. S., 3d ed. 220, sec. 41.

§ 1024. If, in the case mentioned in the last section, the written consent of the clerk, apprentice or servant be refused, the assignment may be made with the same effect, under an order of the court of sessions of the county, upon fourteen days notice of the application therefor, to the apprentice, or to his parent or guardian, if there be any in the county.

Same as 2 R. S, 3d ed. 220, sec. 42.

TITLE XI.

OF CRIMINAL STATISTICS.

SECTION 1025. Clerks of courts of oyer and terminer, and sessions and city courts, to transmit statement to secretary of state.

1026, 1027. Report of sheriff respecting persons convicted at those

courts, and at police courts.

1028. Form of report.

1029. Sheriff to make certain inquiries, to enable him to make report. 1030. Compensation of sheriff.

1031. Magistrates holding police courts, to give information to sheriff and to make certain inquiries.

1032. Copies of certificates of conviction in police courts, to be transmitted to secretary of state by county clerk.

1033. Clerks of police courts to transmit transcripts of convictions to
secretary of state.

1034. Penalty for neglect to comply with provisions of this title.
1035. Secretary of state to cause this title to be published, and to re-
port annually the information obtained pursuant thereto.

In a note to a corresponding portion of the code of civil procedure, the Commissioners have given the reasons which have influenced them, in proposing a plan for collecting the statistics of litigation. The same reasons apply to the provisions of this title. There are other reasons also, of great weight. The increase or diminution of crime, affords the best means of determining the effect of particular laws, as well as the general tendency of the public morals. Without this knowledge, legislators must grope their way in the dark.

The provisions of this title are taken from, and are in substantial conformity with, 2 R. S., 3d ed., 833-835, sec. 52-58.

§ 1025. Within ten days after the adjournment of a court of oyer and terminer or of sessions, or of a city court, the clerk must transmit to the secretary of state, by mail, a certified statement of the number of indictments tried thereat, specifying the number for each offence, the number on which convictions were had, the number on which the defendant was acquitted, and the

number of indictments against persons discharged without trial, specifying the number for each offence.

§ 1026. Within ten days after the adjournment of each of the courts mentioned in the last section, the sheriff of the county where it was held, must report by mail to the secretary of state, the name, occupation, age, sex, and native country of every person convicted at that court, of a public offence, with the degree of instruction which each person convicted has received, and such other information in relation to the persons so convicted, and their offences, as the secretary of state may require.

§ 1027. A report must be made, in like manner, by the sheriff of every county in which there is a city, in respect to persons convicted at a city or police court, held within that city. The report, in respect to city courts, must be made within thirty days after the adjournment of each of those courts; and in respect to the police courts, on the first days of January and July in each year.

§ 1028. The report required by the last three sections, must be made in the form prescribed by the secretary of state.

§ 1029. To enable the sheriff to make his report, he may, either before or after conviction, by himself or his deputies, make all necessary inquiries of the persons convicted, and of the keeper of a jail, penitentiary, or

[ocr errors]

other prison where the persons convicted are confined, as well as of all other persons.

§ 1030. The sheriff is entitled for his services, to a reasonable sum, to be audited and allowed by the board of supervisors of his county, and to be paid from the county treasury.

§ 1031. Every magistrate holding a police court at which a person is convicted of a public offence, must, on being so required, furnish to the sheriff of the county, all the information he can obtain, to enable the sheriff to make the report required by section 1027, and must make such inquiries of the persons convicted

before them, and of others, as the secretary of state may direct.

§ 1032. When a county clerk transmits to the secretary of state, transcripts of convictions had in courts of oyer and terminer or of sessions, or in a city court, he must transmit therewith, copies of all certificates of convictions in police courts, filed with him.

§ 1033. The clerk of each police court in the city and county of New-York, must, on the first day of every month, transmit by mail, to the secretary of state, a transcript of the entry of every conviction had in that court, during the preceding month, containing the name of the offender, a description of the offence, and the judgment upon the conviction.

[blocks in formation]

§ 1034. For every neglect of a magistrate, clerk, or
sheriff, to comply with the requirements of this title,
he forfeits the sum of fifty dollars, to be recovered in a
civil action, in the name of the people of this state.

§ 1035. The secretary of state must cause this title to
be published, with forms and instructions for the ex-
ecution of the duties therein prescribed, and to
be distributed among the officers therein mention-
tioned; the expense of which must be paid by the
treasurer, on the warrant of the comptroller. He must
also annually report to the legislature, the results of
the information obtained in pursuance of this title.

TITLE XII.

MISCELLANEOUS PROVISIONS, RESPECTING SPECIAL PROCEEDINGS
OF A CRIMINAL NATURE.

SECTION 1036. Parties to a special proceeding, how designated.

1037. Provisions of section 751, respecting entitling affidavits, applicable.
1038. Courts and magistrates to issue subpœnas, and punish disobedience
of witnesses.

§ 1036. The party prosecuting a special proceeding of
a criminal nature, is designated in this code as the
complainant, and the adverse party as the defendant.

§ 1037. The provisions of section 751, in respect to
entitling affidavits in a criminal action, are applicable
to special proceedings of a criminal nature.

See sec. 751, p. 319.

§ 1038. The courts and magistrates before whom a
special proceeding is prosecuted, may issue subpœnas
for witnesses, and punish their disobedience in the same
manner as in a criminal action.

See sec. 670, 674, 675, 681, p. 315-320.

« PreviousContinue »