common council as necessary therefor, but not exceeding the sum of sixteen thousand five hundred dollars, to be known as the fire fund. For the purposes of the board of health, two thousand dollars, to be known as the health fund. For the purpose of garbage collection such sum as shall in each year be estimated by the common council as necessary therefor, but not exceeding the sum of four thousand five hundred dollars, to be known as the garbage collection fund. For the purpose of providing public amusement the sum of four hundred dollars, to be known as the public amusement fund. For the payment of the salaries of officers not otherwise provided for, rent of rooms for common council and city clerk, and rents not otherwise provided for, and the other contingent expenses of said city, twenty-one thousand dollars, to be known as the salary and contingent fund. For the purpose of operating the lift bridge at Chapel street over the Erie canal, the sum of one thousand two hundred dollars, to be known as the lift bridge fund. For the erection, maintenance and repair of street signs at street intersections two hundred and fifty dollars, to be known as the street sign fund. And in addition to the sum in this section first mentioned, the common council shall have power in each year in like manner to raise such sum as may be necessary, not exceeding eleven thousand seven hundred fifty dollars, to pay one-half of the expense of the lighting and maintenance of the lamp district, in addition to the tax provided for in section. one hundred and thirty-two, to be known as the street lighting fund; and also upon the real property within the water district such sum as shall in each year be estimated by the water board for the maintenance and operation of the water works of said city for the ensuing fiscal year, not exceeding five thousand dollars, to be known as the water fund; and also such sums as shall be estimated and certified by the board of education for the city of Lockport, in pursuance of chapter fifty-one of the laws of eighteen hundred and fortyseven, and the acts amendatory thereof, to be known as the school fund; and also in each year, any sum necessary to pay and satisfy any final judgment for money that shall have been recovered against said city, as provided by chapter five hundred and fiftyfour of the laws of eighteen hundred and eighty. And also in each year, such sums as may be necessary to pay all election ex

6 Provision for Flagler hospital fund, omitted.

7 Formerly $10,750.

appeals in

assess

penses and the insurance, care, storage and repair of election booths, to be known as the election fund; also in each year any Expenses of such sum necessary to pay the expenses of any appeal duly au- matter of thorized by said common council, taken by the supervisors of the ments. city of Lockport, or any of them, from any act or decision of the board of supervisors of the county of Niagara, in the equalization of assessments and the correction of the assessment-rolls, to the board of state assessors, and said common council may issue bonds necessary to pay such expenses, prior to the raising of money to pay the same as herein provided.

§ 4. This act shall take effect immediately.

Chap. 346.

AN ACT to amend the code of criminal procedure, in relation to probation.

Became a law May 21, 1910, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

amended.

Section 1. Section four hundred and eighty-three of the code of 488 criminal procedure is hereby amended to read as follows:

§ 483. Probation; fine; restitution; transfer from supreme to county court.1 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:

3

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

1 Section heading new.

2 Provision for a hearing by the court, omitted. • Words "appointed by said court," omitted.

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 cease. 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.

3.5 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, thereafter 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

4 Remainder of subdivision new.

Subdivision new.

Formerly subd. 3.

before whom, the person so convicted was convicted, or his successor, or the court to which the person on probation is transferred as herein above 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. § 2. This act shall take effect September first, nineteen hun- In effect dred and ten.

Sept. 1, 1910.

Chap. 347.

AN ACT to amend the general construction law, in relation to prescribing the method of computing time.

Became a law May 21, 1910, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

27, 20

Section 1. Section twenty of chapter twenty-seven of the laws L. 1909, ch of nineteen hundred and nine, entitled "An act relating to con- amended. struction, constituting chapter twenty-two of the consolidated laws," is hereby amended to read as follows:

8 20. Day, computation. A number of days specified as a period from a certain day within which or after or before which an act is authorized or required to be done means such number of calendar days exclusive of the calendar day from which the reckoning is made. Sunday or a public holiday, other than a half holiday, must be excluded from the reckoning if it is the last day of any such period, or if it is an intervening day of any such period of two days. In computing any specified period of time1 from a specified event, the day upon which the event happens is deemed the day from which the reckoning is made. The day

7 Words "or the court to which the person on probation is transferred as hereinabove provided," new.

66

1 Words period of time," new. Formerly read: "number of days, weeks

or months."

Pending actions.

from which any specified period of time is reckoned shall be excluded in making the reckoning.

§ 2. Nothing in this act contained shall affect any action or proceeding now pending in any court.

3. This act shall take effect immediately.

Art. 3a

added to L. 1909, ch.

25.

Chap. 348.

AN ACT to amend the general business law, in relation to private banking, and to repeal article ten thereof, relating to

ticket agents.

Became a law May 23, 1910, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Chapter twenty-five of the laws of nineteen hundred and nine, entitled "An act relating to general business, constituting chapter twenty of the consolidated laws," is hereby amended by inserting therein a new article, to be article three-a thereof, to read as follows:

ARTICLE 3-a.

PRIVATE BANKING.

Section 25. Licenses, bonds and deposits.

26.

Books to be kept and records to be made; revocation of licenses.

27. Penalties for conducting business without license,

et cetera.

28. Perjury.

29. Penalty for failure to make reports.

29-a. Discharge and renewal of bonds, substitution of securities, et cetera.

29-b. Burden of proof in actions against licensee.

29-c. Time within which money is to be transmitted.

29-d. Exceptions.

2 Word "period" new. Formerly read: "number of days, weeks or months." See Aultman & Taylor Co. v. Syme, 163 N. Y. 54.