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the judge and clerks, officers, attendants and employees of said court shall receive to their own use no fee or perquisites of office, except the stenographer as hereinafter provided.
§ 344-f. Clerks and other employees; appointment and removal. The judge shall appoint a clerk and a stenographer. It shall be the duty of such clerk to keep a complete and accurate record of all the proceedings in said court and of all moneys received or fines imposed in the manner directed by the judge. The clerk shall prepare an annual report to the common council of the business of the court in such form as the judge may prescribe. It shall be the duty of the said clerk to pay over the amount of all fines imposed and received with a statement of the items of said fines to such officers of the city of Buffalo, and file with such officers a statement of the items of said fines, at such times and in such manner as the common council shall by ordinance prescribe. He shall file weekly with the clerk of the county of Erie a record of all convictions in said court which shall specifically state the crime and plea of each person convicted in said court. The clerk, and in the absence of the clerk, the stenographer shall have the power to take information upon which warrants for the arrest of persons charged with the commission of crime may be issued by the judge of this court, to issue and sign subpoenas, to administer oaths to witnesses, to make and sign transcripts of commitments and certificates of conviction, and to certify to and sign copies thereof. The judge, clerk and stenographer shall each have the same power to administer oaths and take acknowledgments as a justice of the peace of towns. The clerk shall give a bond in such amount and upon such conditions as the judge may require, and shall file the same with the city clerk of the city of Buffalo. The judge shall appoint such additional clerks, officers and employees as may be authorized by ordinance of the common council of the city of Buffalo. Any clerk, attendant or employee of this court may be removed by the judge thereof, and the appointment and removal of any clerk, officer, attendant or employee of this court shall be evidenced by filing in the office of the city clerk of Buffalo a certificate signed by the judge making such appointment or removal. The stenographer shall take stenographic minutes of the testimony and other proceedings in all cases heard or tried before the court, except the judge shall dispense with the taking of said minutes, and he shall also perform all such other and further duties as the judge may direct. The stenographer shall preserve the original minutes taken by him in every case, and upon order of the judge file the same with the clerk of the court, and he may furnish to anyone applying therefor a transcript of said minutes and may charge and receive therefor the sum of thirty-five cents for each folio of one hundred words contained in said transcript.
§ 344-g. Oaths of office. The judge, clerk and other officers and employees of said court shall take the oath of office and file the same in the office of the city clerk before entering upon the discharge of any of their duties.
§ 344-h. Appointment, removal and compensation of probation officers. The judge of this court shall have authority to appoint three probation officers, one of whom must be a woman, and such additional probation officers as the council may by ordinance from time to time authorize. The judge of this court may at pleasure remove any probation officer. The council of the city of Buffalo shall by ordinance, provide for the compensation of probation officers, and for the payment of such expenses as are necessarily incurred by them in performance of their duties.
§ 344-i. Powers and duties of probation officers. The probation officers shall have all the powers and duties now conferred upon probation officers by the code of criminal procedure. They shall keep such records and conform to such rules and regulations as may be established by the judge. It shall be the duty of the judge to see that such rules and regulations are observed and that such records are properly kept.
§ 344-j. Police officers, ex-officio; marshals. Every police officer of the city of Buffalo shall be ex-officio a marshal of the children's court for the execution of processes issued out of said court, and in that behalf shall perform, from time to time, such duties in respect thereto as may be required of him by said court.
§ 344-1. Temporary absence of judge. During the sickness, temporary absence or temporary inability of the judge to perform his duties, the mayor of the city may appoint an elector of the city to act in place of the judge.
§ 344-m. Definitions. 1. The word "child" when used in this act shall refer to and mean a person under the age of sixteen years, and the word "adult" when used shall refer to and mean a person sixteen years of age and over.
2. The words "delinquent child" shall mean a child over seven years and under sixteen years of age (a) who violates any law of this state or any ordinance of the city of Buffalo, or who commits any act which if committed by an adult would be an offense punishable otherwise than by death or life imprisonment; (b) who is incorrigible, ungovernable or habitually disobedient and beyond the control of his parents, guardian, custodian or other lawful authority; (c) who is habitually truant from school; (d) who without just cause and without the consent of his parents, guardian or other custodian, deserts his home or place of abode; (e) who knowingly engages in any occupation which is in violation of law; (f) who begs or who solicits alms or money in public places; (g) who associates with immoral or vicious persons; (h) who frequents any place, the maintenance of which is in violation of law; (i) who habitually uses obscene or profane language; or (j) who so deports himself as wilfully to injure or endanger the morals or health of himself or others.
3. "Juvenile delinquency" is the commission by a child over seven and under the age of sixteen years of any of the offenses enumerated in the foregoing definition of a delinquent child.
4. The words "neglected child" shall mean a child under sixteen years of age (a) who is without proper guardianship; (b)
who has been abandoned or deserted by both parents, or by the parent having its custody, or by any other person or persons lawfully charged with its care or its custody, when such child is left in destitute circumstance, or is without proper food, clothing, or shelter; (c) whose parent, guardian or persons with whom the child lives, by reason of cruelty, mental incapacity, immorality or depravity is unfit properly to care for such child; (d) whose parent or guardian has been sentenced to imprisonment for crime; (e) who is under unlawful or improper supervision, care, custody or restraint by any person; (f) who wanders about without lawful occupation or restraint, or who is unlawfully kept out of school; (g) whose parent, guardian or custodian neglects or refuses, when able to do so, to provide necessary medical, surgical, institutional or hospital care for such child; (h) who is found in any place, the maintenance of which is in violation of law; (i) who is in such condition of want or suffering or is under such improper guardianship or control as to injure or endanger the morals or health of himself or others.
5. The words "duly authorized association, agency, society or institution" shall mean a society for the prevention of cruelty to children, duly incorporated under the laws of this state; any institution supported or controlled by the state or by a subdivi sion thereof; or an association, agency, society or institution which (a) is incorporated under the laws of this state; (b) actually has its place of business or home within the state; (c) is approved, visited, inspected and supervised by the state board of charities. or which shall submit and consent to the approval, visitation, inspection and supervision of the state board of charities.
§ 344-n. Jurisdiction. Children; adults. 1. Children. The children's court shall have exclusive original jurisdiction within the city of Buffalo to hear and determine all cases or proceedings involving the hearing, trial, parole, probation, remand or commitment of children actually or apparently under the age of sixteen years, or who were under the age of sixteen years when the act or offense is alleged to have been committed who are alleged to be (a) delinquent, (b) material witnesses, (c) neglected.
2. Adults. Offenses against children. This court shall be and shall have the jurisdiction of a court of special sessions for the hearing and trial of all criminal charges against adults under section four hundred and ninety-four of the penal law. Sections six hundred and twenty-four, six hundred and twenty-five, six hundred and thirty-three, six hundred and thirty-five, and so much of section six hundred and twenty-six of the education law as refers to children under the age of sixteen years, and sections one hundred and thirty, one hundred and thirty-one, one hundred and seventy and one hundred and eighty and so much of section one hundred and forty-six as involves children under the age of sixteen years of the state labor law. This court shall have concurrent jurisdiction with the city court of Buffalo to hear charges against adults for the violation of any section of the penal law amounting to a felony, where such violation must necessarily
involve a child. This court shall have in the first instance concurrent jurisdiction with the city court of Buffalo to hear and determine any charge against an adult of the grade of a misdemeanor when such charge appears to have in any way contributed to the misdemeanor of a child, or appears to in any way necessarily involve a child; and whenever any such charge is made against an adult in the city court of Buffalo, the judge thereof, before whom the same may come, may transfer the case to the children's court, and said children's court shall hear and dispose of the case in the same manner and with the same effect as if it had been originally brought therein.
§ 344-0. Adults; period of probation. An adult convicted of a misdemeanor may be placed on probation for such time as the judge may deem proper, not longer, however, than two years. If the terms of the probationary conditions are violated, the judge may revoke the probation within the maximum period above mentioned and may issue process for the rearrest of the probationer, and when arraigned the judge may impose on the probationer any penalty or penalties which might have been imposed before placing him on probation.
Section 344-p. Petitions.
344-q. Issuance of summons; other process.
344-s. Arrests; transfer from other courts.
§ 344-p. Petitions. The parent or custodian of any child, an official of a child welfare board, any public official charged by law with the care of the poor, the recognized agents of any duly authorized agency, association, society or institution, or any person having knowledge or information of a nature which convinces such person that a child is neglected or delinquent, or that any child, by reason of its condition, environment or of its own acts, is, in accordance with the provisions of this act, subject to the jurisdiction of the court, or any person who has suffered injury through the delinquency of such child or is concerned in its guardianship, may institute a proceeding respecting such child by filing with the court a petition, verified by affidavit, which petition shall state such facts as will bring a child within the jurisdiction of the court. The petition shall include the name and street address of the child and of its parents or other person or persons having the guardianship, custody, control or supervision of such child, or the person with whom it is domiciled, if the same be known to the petitioner, or shall set forth that they are unknown, if that be the fact; and the petition shall conclude with a prayer to the court for such action or relief as the law provides. The title of the proceedings shall be "Children's court of the city of Buffalo, county of Erie' In the matter of a child under the age of
§ 344-q. Issuance of summons; other process. Upon the filing of a petition the judge may, either forthwith or after an investigation which he may direct to be made, cause a summons to be issued, which shall be signed by him or by the clerk of the court, requiring the child and its parent, guardian, custodian or other person or persons having control of such child, or with whom it is domiciled, to appear at the court at a time and place named to show cause why such child should not be dealt with according to law. The court may also subpoena or in a proper case issue a warrant or other process to secure or compel the attendance of any person whose testimony or presence at a hearing or proceeding is deemed by the court to be necessary, and any person who wilfully fails or refuses to obey any process of the court shall be guilty of a contempt of court, and, except as otherwise herein provided, may be punished therefor as prescribed by article nineteen of the judiciary law.
§ 344-r. Service of summons. Service of a summons shall be made by the delivery of a true copy thereof to the persons summoned. If after reasonable effort personal service shall not have been made the court at any stage of the proceedings may make an order providing for substitute service of the summons in the manner provided for substitute service in civil process in court of record. The service of a summons must be made at least twenty-four hours before the time stated therein for such appearance; but if so requested by a parent, guardian, or other person having the custody or control of the child the judge shall not proceed with the hearing or proceeding earlier than three days after such service. In case the summons can not be served, or the person or persons served fail to obey the same, and in any case when it shall be made to appear to the court that a summons will be ineffectual, or that the welfare of a child requires that such child or its parents, guardian or other person having its custody or control, shall be brought forthwith into the custody of the court, a warrant may be issued by the court either against the child, the parent, guardian or other person having its custody or control. All papers, warrants or other process shall be served by any peace officer of the city of Buffalo, when such officer is directed so to do by the court.
§ 344-s. Arrests; transfer from other courts. 1. Whenever any child is arrested, with or without a warrant, it shall be the duty of the officer having such child in charge immediately to notify the parent, guardian or other person responsible for its custody or control, or the person with whom such child is domiciled, that such child has been taken into custody; and forthwith and with all convenient speed the officer shall take such child to the children's court if the court is in session, and if not in session then to the place of detention designated in article three, section three hundred and forty-four-v of this act. The officer making the arrest shall immediately make and file a petition as hereinbefore provided. But nothing herein contained shall be held to prohibit the acceptance of bail or recognizance as provided in