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In effect

July 1, 1918.

In the absence or disability of the county judge, or when so authorized by the county judge, a special county judge duly elected or appointed may hold sessions of the court for the trial of cases arising under the provisions of this act at such times and in such places as the county judge shall determine.

§ 23. Other provisions of law. All provisions of the penal law or code of criminal procedure or other statute inconsistent with or repugnant to this act shall be considered inapplicable to the cases arising under this act.

24. This act shall take effect July first, nineteen hundred and eighteen.

L. 1909,

ch. 53,

8 15

amended.

Chap. 465.

AN ACT to amend the religious corporations law, in relation to corporations with governing authority over, or advisory relations with, churches or synods, or both.

Became a law May 6, 1918, 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. Section fifteen of chapter fifty-three of the laws of nineteen hundred and nine, entitled "An act in relation to religious corporations, constituting chapter fifty-one of the consolidated laws," is hereby amended to read as follows:1

§ 15. Corporations with governing authority over, or advisory relations with, churches or synods, or both. An unincorporated diocesan convention, presbytery, classis, synod, annual or bienniai conference or convention, or other governing or advisory body having jurisdiction over or relations with several or a number of churches or synods, or synods and churches, some or all of which are located in this state, may at a meeting thereof duly held, determine to become incorporated by a designated name, and may by a plurality vote, elect not less than three nor more than fifteen persons to be the first trustees of such corporation. The presiding officer and clerk of such governing or advisory body shall execute and acknowledge a certificate stating that such proceedings were duly taken as herein provided, the name by which such corporation is to be known, and the names of such first 1 Section materially amended.

trustees. On filing such certificate the members of such governing or advisory body and their successors shall be a corporation by the name stated in the certificate, and the persons named as trustees therein shall be the first trustees thereof.

The trustees of every incorporated governing or advisory body and their successors shall hold their offices during the pleasure of such body, which may remove them and fill vacancies in accordance with its rules and regulations. Such corporation may hold its meetings and elect its trustees annually or biennially, and may hold its first and any other meetings outside this state if any of the churches or synods governed or advised by it are located outside this state. Such corporation may take, administer and dispose of real and personal property in and outside this state for the benefit of such governing or advisory body or of any parish, congregation, society, church, mission, synod, religious, benevolent, charitable or educational institution existing or acting under or related to it, or of any religious work or activity. Such corporation may elect the members of unincorporated or incorporated boards to carry on particular lines of religious work or activity. Such corporation may have in addition to its by-laws, a constitution; and such constitution may be adopted or amended in such manner as the corporation will determine.

§ 2. This act shall take effect immediately.

Chap. 466.

AN ACT to amend the penal law, in relation to sentences to penitentiaries or jails.

Became a law May 6, 1918, 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. Section twenty-one hundred and ninety-six of the L. 1909, penal law is hereby amended to read as follows:

§ 2196. Sentence to penitentiary under the provisions of section three hundred and twenty of the prison law, or to a county jail,1 of person not punishable by imprisonment in state prison. "A court, police justice, justice of the peace, or other magistrate,

1 Words " or to a county jail," new.

2 Word "A" new. Words "it shall be the duty of every," omitted.

ch. 88,
§ 2196
amended.

In effect Sept. 1, 1918.

5

by whom any person may be sentenced, in the several counties of this state, for any term not less than sixty days, for any crime or misdemeanor not punishable by imprisonment in the state prison, during the continuance of the agreement mentioned in section three hundred and twenty of the prison law, may sentence such person to imprisonment either in such penitentiary or the county jail, there to be received, kept and employed in the manner prescribed by law, and the rules and discipline of such penitentiary or jail; and it shall be the duty of such court, justice or magistrate, by warrrant,* duly signed by the presiding judge, or justice or clerk of such court, or by such justice or other magistrate so giving such sentence, to cause such person so sentenced, to be forthwith and by the most direct route conveyed by some proper officer to such penitentiary or jail. It shall be the duty of the sheriffs, deputy sheriffs, constables or policemen in and for the several counties of this state, to whom any warrant of commitment for that purpose may be directed by any court or magistrate in this section mentioned, to convey forthwith such person so sentenced, to such penitentiary or jail, and there deliver such person to the keeper of such penitentiary' or jail. In case of sentence to the penitentiary it shall be the duty of such keeper to receive such persons so sentenced, during the continuance of said agreement, authorized by said section three hundred and twenty of the prison law, to be there safely kept and employed, according to the rules and discipline of such penitentiary. 10The officers thus conveying such convicts so sentenced to the penitentiary," shall be paid such fees and expenses therefor, as the several boards of supervisors of the several counties of this state shall prescribe and allow.

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§ 2. This act shall take effect September first, nineteen hundred and eighteen.

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10 Word "and" omitted. Following sentence was formerly part of preced. ing sentence.

11 Words "to the penitentiary” new.

Chap. 467.

AN ACT to amend the code of criminal procedure, in relation to suspension of sentence, and suspension of execution of judg

ment.

Became a law May 6, 1918, 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:

470b

Section 1. Sections four hundred and seventy-a and four hun $$ 470m, dred and seventy-b of the code of criminal procedure are hereby mended. amended to read as follows:1

§ 470-a. Suspension of sentence; suspension of execution of judgment.

If, after a plea or verdict of guilty or after a verdict against the defendant upon a plea of former conviction or acquittal, sentence shall have been suspended, the court may impose any sentence or make any commitment which might have been imposed or made at the time of conviction. If sentence shall have been imposed and execution of the whole or a part of the judgment suspended, the court may revoke the order suspending execution of judgment and order executed the judgment or the part thereof the execution of which shall have been suspended or may modify the judgment so as to provide for the imposition of any punishment which might have been imposed at the time of conviction. The court may impose sentence or order judgment executed with or without modification as hereinabove provided at any time after such suspension of sentence or suspension of execution of judgment within the longest period for which the defendant might have been sentenced or, if the defendant is on probation and the period of probation exceeds the period for which the defendant might have been sentenced, at any time while the defendant remains on probation; but not after the expiration of such period or periods, unless the defendant shall have been convicted of another crime committed during such period.

8 470-b. Effect thereof. If judgment be not pronounced as in the last section provided, nevertheless:

1 Sections materially amended.

1. For the purpose of indictment and conviction of a second offense, the plea or verdict and suspension of sentence or suspension of execution of the whole or a part of the judgment after sentence shall be regarded as a conviction, and shall be pleaded according to the fact.

2. The said plea or verdict and suspension of sentence or suspension of execution of the whole or a part of the judgment after sentence may be proved in the manner provided by statute for proving a conviction for the purpose of affecting the weight of the defendant's testimony in any action or proceeding, civil or criminal.

§ 2. This act shall take effect immediately.

1189

led to L. 1909, ch. 21.

Chap. 468.

AN ACT to amend the education law, in relation to the state. school of agriculture on Long Island and to provide a capital fund for the operation of the dormitories and refectory of said school.

Became a law May 6, 1918, 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. Article forty-five-a of chapter twenty-one of the laws of nineteen hundred and nine, entitled "An act relating to education, constituting chapter sixteen of the consolidated laws," as added by chapter three hundred and nineteen of the laws of nineteen hundred and twelve, is hereby amended by adding after section eleven hundred and eighty-eight a new section, to be section eleven hundred and eighty-nine, to read as follows:

§ 1189. Capital fund for operation of dormitories and refectory. The trustees may retain out of the funds in their hands. heretofore derived from the operation of the dormitories and refectory of the school a sum not exceeding five thousand dollars in cash as a capital fund for the operation of said dormitories and refectory for the purposes of housing and subsistence of the students and employees of the school and may also retain the equipment of said dormitories and refectory owned by the state for the use of such operation. The trustees may also use for the

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