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"Police court,

County of Albany. Town of Bern, [or as the case

may be.]

The people of the state of New-York

against
A. B.

January 1, 1849.

"The above named A. B., having been brought before me, C. D., a justice of the peace of the town [or city,] of [as the case may be,] charged with, [briefly designating the offence,] and having requested to be tried by a police court, [or "having been required by me to give bail for his appearance at the next court of sessions of this county, and having omitted to do so for twenty-four hours after being so required," as the case may be.]

And the above named A. B. having thereupon plead not guilty, [or as the case may be,] and demanded [or "failed to demand," as the case may be,] a jury, and having been thereupon duly tried, and upon such trial duly convicted,

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"I have adjudged,-That he be imprisoned in the jail of this county, days, [or pay a fine of lars and be imprisoned until it be paid, not exceeding

days," or both, as the case may be.] "Dated at the town [or "city"] of

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the day

of

1849."

C. D.

Justice of the peace of the town [or "city,]

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§ 811. If the defendant have pleaded guilty,-instead of the second paragraph, the certificate shall state substantially as follows: "And the above named A. B. having been thereupon duly convicted, upon a plea of guilty."

§ 812. Within twenty days after the conviction, the magistrate shall cause the certificate to be filed in the office of the clerk of the county.

§ 813. The certificate, made and filed as prescribed in the last two sections, or a certified copy thereof, shall be conclusive evidence of the facts stated therein.

§ 814. The judgment shall be executed by the sheriff of the county, or by a constable or marshal of the city or county in which the conviction is had, upon receiving a copy of the certificate prescribed in section 810, certified by the magistrate or the county clerk.

§ 815. If a fine be imposed and paid before commitment, it shall be received by the magistrate, and be applied to the payment of the expenses of the prosecution. The residue if any, shall be paid by the magistrate, within thirty days after the receipt thereof, into the county treasury.

§ 816. If the defendant be committed for not paying a fine, he may pay it to the sheriff of the county, but to no other person; who shall, in like manner, within thirty days after the receipt thereof, pay it into the county treasury, as provided in the last section.

§ 817. If the magistrate or sheriff receiving the fine, fail to pay into the county treasury, the same or such part thereof as is so payable, the county treasurer shall immediately commence an action therefor, in the name of the county.

§ 818. The magistrate may issue subpoenas for witnesses, as provided in section 688, and punish disobedience thereof, as provided in section 699.

§ 819. If a person summoned as a juror fail to appear, he may be punished by a fine not exceeding five dollars, imposed by the magistrate, by an order entered in his minutes. The order shall be deemed a judgment, in all respects, in favor of the poor of the town or city.

§ 820. No fees shall be paid to a juror or witness, for his service or attendance in a police court.

§ 821. When the defendant, upon being brought before the magistrate, requests a trial by a police court, the preliminary examination of the case shall be dispensed with.

§ 822. During the twenty-four hours allowed to the defendant to give bail, as provided in the second subdivision of section 50, and until judgment be given, he may be continued in the custody of the officer, or committed to the jail of the county to answer the charge as the magistrate shall direct.

§ 823. The commitment shall be signed by the magistrate, by his name of office, and must be in substantially the following form:

66

The sheriff of the county of

is required to re

ceive and detain A. B., who stands charged before me for [designating the offence, generally,] to answer the charge before a police court in the town [or city] of

[as the case may be.]

"Dated at the town [or city] of

the

day of

1949. "

C. D., Justice of the peace of the town
[or city] of
, [as the case may be.]

§ 824. When committed, the defendant shall be delivered to the custody of the proper officer, by any peace officer of the county to whom the magistrate shall deliver the commitment.

$825. Either before or after his committal, or upon being committed, the defendant shall, if he require it, be admitted to bail.

§ 826. The bail shall be taken by the magistrate, by a written undertaking, executed by the defendant, with one or more sufficient sureties approved by the magistrate, in a sum not exceeding two hundred dollars.

§ 827. The undertaking shall be in substantially the following form:

"A. B. having been duly charged before C. D., a justice of the peace in the town [or city] of , [as the

case may be,] with the offence of, [designating the offence generally.]

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We undertake that he shall appear thereon, from time to time, until judgment, at a police court in the town [or city] of [as the case may be,] held by the justice above named, or that we will pay to the county of , [naming the county in which the court is held,] the sum of dollars," [inserting the sum fixed by the

magistrate.]

66

Dated at the town [or city] of

may be.]

," [as the case

§ 828. If the defendant fail to appear according to the undertaking, the magistrate, unless a sufficient excuse be shown, shall declare the undertaking of bail forfeited, and the county treasurer shall immediately commence an action for the recovery of the sum mentioned therein, in the name of the county.

§ 829. The county court of the county may remit the forfeiture or any part thereof, in the cases and in the manner provided in sections 677 and 678.

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