Abbildungen der Seite
PDF
EPUB

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 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.

§ 943. Id. On or before the first day of February, eighteen hundred and ninty-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 clerk 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 session by the certificate of conviction filed with him by magistrates holding courts of special sessions after October thirty-first, eighteen hundred and ninety-four, and since the date of the closing of each last preceding quarterly report made after October thirty-first, eighteen hundred and ninetyfour, 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 thereon; and the date of conviction.

§ 944 Id. For every neglect of any justice, magistrate or clerk to comply with the requirements of this title, he shall forfeit the sum of fifty dollars, to be recovered by a civil action in the name of the people of the state.

§ 945. The secretary of state shall, on or before March first, in each year, cause all the information and statistics contained in the foregoing certified statements made to him by the several county clerks, to be compiled and tabulated in convenient form for reference, and so arranged that each fact shall appear under its appropriate column or heading, and subdivided according to the crime or offense charged, and transmit the same to the legislature.

$946. Id. 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; 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.

§ 2. Section fifteen hundred and ninety-two of chapter four hundred and ten of the laws of eighteen hundred and eighty-two, entitled "An act to consolidate into one act and to declare the special and local laws affecting public interests in the city of New York," is hereby rep aled.

TITLE XI.

MISCELLANEOUS PROVISIONS, RESPECTING SPECIAL PROCEEDINGS OF A CRIMINAL NATURE.

SECTION 950. Parties to a special proceeding, how designated.

951. Provisions respecting entitling affidavits, applicable.

952. Courts and magistrates to issue subpœnas, and punish disobedience of witnesses.

§ 950. Parties to a special proceeding, how designated. The party prosecuting a special proceeding of a criminal nature, if designated in this Code as the complainant, and the adverse party as the defendant.

§ 951. Provisions respecting entitling affidavits, applicable. The provisions of this Code, in respect to entitling affidavits in a criminal action, are applicable to special proceedings of a criminal

nature.

§ 952. Courts and magistrates to issue subpoenas, and punish disobedience of witnesses. All courts and magistrates having before them special proceedings of a criminal nature, may issue subpoenas for witnesses, and punish their disobedience in the same manner, as in criminal actions.

GENERAL PROVISIONS AND DEFINITIONS APPLICABLE TO THIS CODE.

SECTION 953. Abatement of nuisance.

954. No part of this Code retroactive, unless expressly so declared.

955. Present tense includes future, etc.

956. Definition of "writing."

957. Definition of" oath."

958. Definition of "signature."
959. Definition of " magistrate."

960. Definition of "

peace officer."

961. Definition of "county court."

962. To what actions and proceedings this Code applies.
963.

When Code to take effect.

§ 953. Abatement of nuisance. Where a person is convicted of keeping or maintaining a public nuisance, and sentenced to punishment, the court may, in its judgment, in addition to or in place of other punishment, direct that the nuisance be abated, and issue an order to the sheriff of the proper county to execute the judgment as therein directed.

954. No part of this Code retroactive, unless expressly so declared. No part of this Code is retroactive, unless expressly so declared.

955. Present tense includes future, etc. Unless when otherwise provided, words used in this Code in the present tense, include the future as well as the present. Words used in the masculine gender comprehend as well the feminine and neuter. The singular number includes the plural, and the plural the singular. And the word "person" includes a corporation, as well as a natural per

son.

956. Definition of “ writing." The term "writing " includes printing.

§ 957. Definition of "oath." The term "oath affirmation.

[ocr errors][merged small]

signature"

§ 958. Definition of "signature." The term " includes a mark, when the person cannot write; his name being written near it, and the mark being witnessed by a person who writes his own name as a witness, except to an affidavit or deposi

[graphic]
[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]
« ZurückWeiter »