ferred upon probation officers by the code of criminal procedure and by law. They shall keep such records and conform to such rules and regulations as may be established by the justice. The chief probation officer shall perform such additional duties as may be required by order of the justice. He shall in addition be a deputy clerk of the court of special sessions, and have the same powers and duties as are conferred and imposed upon deputy clerks by section seventeen of this act.

§ 34. Children; period of probation. A child may be placed on probation for such time as the justice holding the children's court may deem proper, not longer, however, than three years, and such probation period may extend beyond the time such child attains the age of sixteen years.

§ 35. Adults; period of probation. An adult convicted of a misdemeanor may be placed on probation for such time as the justice holding the court of special sessions may deem proper, not longer, however, than two years. An adult convicted of an offense of which the court or justice thereof has summary jurisdiction may be placed on probation for such time as the court or the justice may deem proper, not longer, however, than one year.

§ 36. Revocation of probation. Probation may be revoked at any time within the maximum periods above mentioned by the court or justice thereof; but as far as practicable the revocation of probation shall be made by the justice who placed the child or adult on probation. Upon such revocation the justice may make such commitment as could have originally been made if the child or adult had not been placed on probation, and to that end may pronounce any judgment, or sentence, or impose any fine, or other penalty, or make any commitment which might have been pronounced, imposed or made at the time the conviction was had. Whenever probation is revoked, the court or justice thereof, as the case may be, may issue process for the rearrest of the defendant and when arraigned the court as it is then constituted, or the justice thereof, may proceed to enter judgment and impose sentence as herein provided.

THE CODE OF CIVIL PROCEDURE.

CHAPTER XVII.

Summary Proceedings to Recover the Possession of Real Property.

In either of

§ 2231. When tenant may be removed. the following cases, a tenant or lessee at will, or at sufferance, or for part of a year, or for one or more years, of real property, including a specific or undivided portion of a house or other dwelling, and his assigns, under-tenants, or legal representatives, may be removed therefrom, as prescribed in this title:

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5. Where the demised premises, or any part thereof, are used or occupied as a bawdy-house, or house or place of assignation for lewd persons, or for purposes of prostitution, or for any illegal trade or manufacture, or other illegal business.

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§ 2235. Who can maintain proceedings. Contents of petition. The application may be made by the landlord or lessor of the demised premises; the purchaser upon the execution or foreclosure sale; the person forcibly put out or kept out; the person with whom, as owner, the agreement was made, or the owner of the property occupied under an agreement, to cultivate the property upon shares, or for a share of the crops; or the person lawfully entitled to the possession of the property intruded into or squatted upon, as the case requires; or by the legal representative, agent, or assignee of the landlord, purchaser, or other person, so entitled to apply; or by the person or corporation authorized to proceed under section twenty-two hundred and thirtyseven of this act. The applicant must present to the judge or justice, a written petition, verified in like manner as a verified complaint in an action brought in the supreme court; describing the premises of which the possession is claimed, and the interest

therein of the petitioner, or the person whom he represents; stating the facts, which, according to the provisions of this title, authorize the application by the petitioner, and the removal of the person in possession; naming or otherwise intelligibly designating, the person or persons against whom the special proceeding is instituted, and, if there are two or more such persons, and some áre undertenants or assigns, specifying who are principals or tenants, and who are undertenants or assigns; and praying for a final order to remove him or them respectively.

An

§ 2237. Petition in case of bawdy-houses, etc. owner or tenant, including a tenant of one or more rooms of an apartment house or tenement house, of any premises within two hundred feet from other demised real property used or occupied in whole or in part, as a bawdy-house, or house, or place of assignation for lewd persons, or for purposes of prostitution, or any domestic corporation organized for the suppression of vice, subject to or which submits to visitation by the state board of charities, and possesses a certificate from such board of such fact and of conformity with its regulations, may serve personally upon the owner or landlord of the premises, so used or occupied, or upon his agent, a written notice, requiring the owner or landlord to make an application for the removal of the person so using or occupying the same. If the owner or landlord, or his agent, does not make such application, within five days thereafter; or, having made it, does not in good faith diligently prosecute it; the person or corporation giving the notice may make an application for such removal on a petition stating the jurisdictional facts, which application shall have the same effect, except as otherwise expressly prescribed in this title, as though the applicant were the owner or landlord of the premises, and shall have precedence over any similar application thereafter made by such owner or landlord or to one theretofore made by him and not prosecuted diligently and in good faith. Proof of the ill repute of the demised premises or of the inmates thereof or of those resorting thereto shall constitute presumptive evidence of the unlawful use of the demised premises, required to be stated in the petition for removal.

§ 2323-a. Application when incompetent person is in a state institution; petition, by whom made; contents and proceedings upon presentation thereof. Where an incompetent person has been committed to a state institution in any manner provided by law, and is an inmate thereof, the petition may be presented on behalf of the state by a state officer having special jurisdiction over the institution where the incompetent person is confined or the superintendent or acting superintendent of said institution; the petition must be in writing and verified by the affidavit of the petitioner or his attorney, to the effect that the matters therein stated are true to the best of his information or belief; it must show that the person for whose person or property, or both, a committee is asked has been legally committed to a state institution over which the petitioner has special jurisdiction, or of which he is superintendent or acting superintendent, and is at the time an inmate thereof; it must also state the institution in which he is an inmate, the date of his admission, his last known place of residence, the name and residence of the husband or wife, if any, of such person, if known to the petitioner, and if there be none known to the petitioner, the name and residence of the next of kin of such person living in this state so far as known to the petitioner; the nature, extent and income of his property, so far as the same is known to the petitioner, or can with reasonable diligence be ascertained by him. The petition may be presented to the supreme court at any special term thereof, held either in the judicial district in which such incompetent person last resided, or in the district in which the state institution in which he is committed is situated, or to a justice of the supreme court at chambers within such judicial district, or to the county court of the county in which the incompetent person resided at the time of such commitment, or of the county in which said institution is situated. Notice of the presentation of such petition shall be personally given to such person, and also to the husband or wife, if known to the petitioner, or if none is known to the petitioner, to the next of kin named in the petition, and to the officer in charge of the institution in which such person is an inmate unless sufficient reasons for dispensing therewith are set forth in the petition or shown by affidavit. When

notice is required, it may be given in any manner which the court deems proper. Upon the presentation of such petition, and proof of the service of such notice, the court or justice may, if satisfied of the truth of the facts required to be stated in such petition, immediately appoint a committee of the person or property, or both, of such incompetent person or may require any further proof which it or he may deem necessary before making such appointment. (As amended by chapter 98 of the Laws of 1912.) Where upon the accounting of the committee of an incompetent, a balance remains after the payment of expenses and disbursements, the claim of the State for maintenance of the incompetent at a State hospital is preferred over claims of general creditors, existing at the time of the appointment of the committee, although at the time the incompetent was admitted to the State hospital she was insolvent and indigent. Fourth Department, April, 1913. Matter of Wesley, 156 App. Div. 403.

§ 11-a. Probation officer; appointment, duties; powers; procedure; transfers. 1. The magistrates of the courts having original jurisdiction of criminal actions in the state, may from time to time appoint a person or persons to perform the duties of probation officer or officers as hereinafter described, within the jurisdiction of the courts of such magistrates and under the direction of such magistrates, to hold such office during the pleasure of the magistrate or magistrates making such appointment and of their successors. Such probation officer or officers may be chosen from among the officers of a society for the prevention of cruelty to children or of any charitable or benevolent institution, society or association now or hereafter duly incorporated under the laws of this state, or be reputable private citizens, male or female. The appointment of a probation officer must be made in writing and entered on the records of the court of the magistrate or magistrates making such appointment, and copies of the order of appointment must be delivered to the officer so appointed and filed with the state probation commission. Any officer or member of the