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PART IIL

Duration of terms of

court.

Power of adjournment.

In case county

not sit.

CHAP. 208.

AN ACT to empower courts of sessions in the several counties of this state to extend their terms and authorizing certain adjournments of such courts.

PASSED April 9, 1859; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$1. It shall be lawful for the court of sessions of any county of this state to continue its sittings at any term thereof so long as it may be necessary in the opinion of such court for the dispatch of any business or the determination of any cases that may be pending before such court.

$ 2. The court of sessions of any county in this state shall hereafter have and may, in their discretion, exercise all the powers in regard to adjournments thereof from time to time which are now by law conferred upon or exercised by the court of oyer and terminer of such county, in relation to adjournments of said last named courts.

CHAP. 96..

AN ACT to authorize courts of sessions to transfer certain cases to the oyer and terminer, and to supply the place of disqualified members of such court.

PASSED March 27, 1861; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$1. In any cause or proceeding that is or shall be pending in judge can- any court of sessions of this state, except in the city and county of New York, in which the county judge shall, for any cause, be incapable of acting the court of sessions shall by rule transfer the same to the court of oyer and terminer, which shall have the same jurisdiction that courts of sessions have in such cases.

Ib. of justice of

the peace.

S2. In any such cause or proceeding in which either of the justices of the sessions shall, for any cause, be disqualified to act, the county judge shall designate some other justice of the peace of the county, who shall compose a member of the court during the hearing, trial or determination of such cause or proceeding.

CHAP. VIII.

CHAPTER VII.

Pardons.

CHAP. 310.

AN ACT in relation to pardons.

PASSED April 19, 1849.

The People of the State of New York, represented in Senate

and Assembly, do enact as follows:

may call on

$1. Whenever an application shall be made to the gover- Governor nor for a pardon, he may require the district attorney of the district county in which the conviction of the person for whom the frostat pardon is asked was had, and it shall be the duty of such dis- ments. trict attorney to furnish the governor immediately on such requisition being made with a concise statement of the case as proved on the trial together with any other facts or circumstances which might have a bearing on the question of granting or refusing a pardon.

when

district

§ 2. Before any application for a pardon shall be presented Notice to the governor, written notice thereof shall be served upon served on the district attorney of the county in which the conviction attorney. shall have been had, and proof of the due service of such notice shall be presented to the governor before any such application for a pardon shall be acted on.

when to be

53. Notice of such application, unless in the opinion of Notice the governor justice requires that it shall be dispensed with, published. shall be published for four weeks in the state paper, and also in a county paper, printed in or nearest the town in which the conviction was had; and in cases of crimes committed in the city of New York, in a paper to be designated by the gover- nor, having respect to the largest circulation.

CHAPTER VIII.

Criminal Statistics.

CHAP. 259.

AN ACT respecting convictions in criminal courts, and to procure statistical iuformation concerning convicts.

PASSED April 26, 1839.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

§ 1. Every statement of the offence of which any person is Statements convicted, required to be entered in the minutes of the clerk tions, how

of convic

PART IV

offence.

to describe of the court where such conviction may be had, pursuant to the provisions of section seven of the first title, second chapter and fourth part of the Revised Statutes, shall contain such a description of the offence committed, abridged from the indictment, as would be sufficient to maintain the averments relating to such offence, necessary to be made in an indictment against the same person for a second offence; and if any defective transcript of any criminal conviction shall be transmitted to the secretary of state, it shall be his duty to require Penalty for a correct transcript from such clerk; and in case of his refusal or neglect to furnish the same within a reasonable time after being so required, he shall be liable to the penalty prescribed in the seventh section of the said title and chapter.

not furnish

ing.

Penalty on district attorney.

Other statements by clerks of criminal courts.

$ 2. Every district attorney who shall neglect or refuse to prepare for any clerk of a criminal court a statement of the offence of which any person shall be convicted, within a reasonable time after being required by such clerk pursuant to the sixth section of the said title and chapter, shall forfeit fifty dollars to the use of the people of this state for each statement so neglected to be furnished; and every such neglect shall be immediately reported by such clerk to the secretary of state.

S3. Within ten days after the adjournment of any criminal court of record, the clerk thereof shall transmit to the secretary of state, by mail, a duly certified statement of the number of indictments tried at such court, specifying the number for each separate offence, the number on which convictions were had, and the number on which the defendant was acquitted, and also the number of indictments against persons who were discharged without trial, specifying the number for Penalty for each separate offence; and for every neglect to comply with this provision such clerk shall forfeit fifty dollars to the use of the people of this state.

neglect.

Reports by sheriff's

Penalty for neglect.

$4. Within ten days after the adjournment of any criminal court of record, the sheriff of the county in which such court shall be held, shall report by mail to the secretary of state, the name, occupation, age, sex and native country of every person convicted at such court of any offence, the degree of instruction which each person so convicted has received, and all such other items of information in relation to such convicts and their offences as the secretary of state shall require; which reports shall be made in such form as the said secretary shall prescribe. And to enable such sheriffs to make the said. returns, they shall be authorized by themselves and their deputies to make all necessary inquiries of the persons convicted before or after trial, and of the keepers of jails, penitentiaries, or other places where such convicts may be confined, and of all other persons. For their services in the premises, such sheriffs shall be allowed a reasonable sum by the board of supervisors of their respective counties as a county charge; and for any neglect by any sheriff to comply with

the provisions of this section, he shall forfeit the sum of fifty dollars to the use of the people of this state.

CHAP. VIII.

certain

make other

$5. Similar reports shall be made by the sheriff of the city Sheriffs of and county of New York, respecting persons convicted at any counties to court of special sessions held in the said city; and by the reports." sheriff of the city and county of Albany, respecting persons convicted at the mayor's court of the said city, and at any special sessions held in the said city; and by the sheriff of the county of Columbia, respecting persons convicted at any court of special sessions held in the city of Hudson; and by the sheriff of the county of Schenectady, respecting persons convicted at any special sessions held in the city of Schenectady; and by the sheriff of the county of Rensselaer, respecting persons convicted at any special sessions held in the city of Troy; and by the sheriff of the county of Oneida, respecting persons convicted at any court of special sessions held in the city of Utica; and by the sheriff of the county of Monroe, respecting persons convicted at the mayor's court or any criminal court held in the city of Rochester; and by the sheriff of the county of Kings, respecting persons convicted at any criminal court held in the city of Brooklyn; and by the sheriff of the county of Erie, respecting persons convicted at any criminal court held in the city of Buffalo, within thirty days after the adjournment of the said courts respectively; and for Penalty for any neglect to comply with the provisions of this section, such sheriff shall forfeit fifty dollars to the use of the people of this state.

neglect.

give infor

$6. Any justice or other judicial officer before whom any per- Justices to son shall have been convicted of a criminal offence, other than mation. in courts of record, shall, on being required by the sheriffs of their respective counties, furnish to them all the information they can obtain to enable such sheriffs to comply with the last preceding section of this act, and shall make such inquiries of the persons convicted before them and of others, as the said secretary shall direct; and for any neglect to comply with the provisions of this section, every officer so offending shall forfeit fifty dollars to the use of the people of this state.

$7. Whenever the clerk of any county shall transmit to the Convictions in special secretary of state any transcripts of convictions had in courts sessions to of record, he shall also transmit to the said secretary copies of be returned, all certificates of convictions made by any court of special sessions and required by law to be filed with such clerk, which have been so filed with him after the passage of this act and since the previous transmission of any transcripts by him; and for any neglect to comply with the provisions of this section every such clerk shall forfeit fifty dollars to the use of the people of this state.

criminal

New York

58. The clerk of the court of general sessions of the peace Clerk of in the city and county of New York, shall, within three days court in after the first day of each month, transmit by mail to the to report. secretary of state a transcript of the entry of every conviction

PART IV.

had during the preceding month in the special sessions of the said city and county, which transcripts shall contain the name of the offender, a description of the offence in such form as the said secretary shall prescribe, and the sentence upon each conviction, the first of which returns shall be made within the first three days of the month succeeding the time when such clerk shall receive notice from the said secretary to that effect Penalty for and the form so to be prescribed; and for any neglect to comply with the provisions of this section, every such clerk shall forfeit fifty dollars to the use of the people of this state.

neglect.

Secretary of state, his duty.

Allowance to clerks of

$ 9. The secretary of state shall cause this act to be published, together with forms and instructions for its execution, and shall cause the same to be distributed among the officers herein mentioned; the expense of which shall be paid by the treasurer on the warrant of the comptroller; and the secretary shall annually report to the legislature the results of the information obtained in pursuance of this act.

CHAP. 274.

AN ACT to provide for the payment of certain expenses of government.

PASSED May 26, 1841. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$23. The clerks of counties and of criminal courts, and courts and sheriffs of counties, shall be allowed a reasonable compensasheriffs for tion by the boards of supervisors of their respective counties, convictions for services in making the returns and statements required by the act entitled "An act respecting convictions in criminal courts and to procure statistical information concerning convicts," passed April 26, 1839, which allowances shall be levied and collected in the same manner as other contingent expenses of the county.

Report of

district

attorney,

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CHAP. 97.

AN ACT to consolidate and amend the several acts relating to the transmission to the office of the secretary of state, by clerks of courts and sheriffs, of records of conviction, and certain other statistical information, as now required by law.

PASSED March 29, 1861; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

§ 1. Within ten days after the adjournment of any criminal court of record in this state, the district attorney of the county

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