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$ 29. By whom held.— The court for the trial of indictments and the transaction of criminal business other than specified in subdivision 4 of the last section, may be held by any one of the justices thereof.

See Code Civ. Proc., SS 295-296.

§ 30. Terms. There must be at least four terms of the court for the trial of indictments and the transaction of criminal business held in each year, to be appointed as prescribed in section 280 of the Code of Civil Procedure.

See Code Civ. Proc., SS 295–296.

CHAPTER III.

THE OTHER CITY COURTS.

SECTION 31. Other city courts.

32. By whom held.

$ 31. Other city courts. — The other city courts, having original criminal jurisdiction, are the recorder's court of Utica, the recorder's court of Oswego, and the mayor's court of Hudson. Their jurisdiction in criminal matters is defined by special statutes, and continues as thus defined.

$32. By whom held. These courts for the exercise of their criminal jurisdiction must be held by the following officers :

1. The city courts of Utica and Oswego by the recorders of those cities respectively ;

2. The mayor's court of Hudson, by the mayor of that city.

CHAPTER IV.

GENERAL PROVISIONS RELATING TO CITY COURTS.

SBCTION 33. Indictments for offenses punishable with death to be sent

to oyer and terminer.
34. Indictments for crime not punishable by death.
35. Same.
36. Court continued beyond terms.

$ 33. Indictments for offenses punishable with death to be sent to oyer and terminer. - When an indictment is found at a city court for a crime punishable with death, the court may send it to the next court of oyer and terminer of the county.

$ 34. Indictments for crime not punishable by death. — A city court may also send an indictment found therein and remain. ing undetermined for a crime not punishable with death to the next court of

oyer

and terminer of the same county, to be determined according to law. But that court, if, in its opinion, the same is not proper to be tried therein, may remit it back to the court by which it was sent, which must proceed thereon as if it had remained there.

$ 35. Same. – When an indictment is found at a court of oyer and terminer, or of sessions, in a county embracing any of the cities in which a city court having original criminal jurisdiction is established, for an offense committed in that city, the court in which it was found may send it to the next city court in which it is triable, which must proceed to try and determine the indictment as if it had been found therein.

$ 36. Court continued beyond terms. If the trial of a cause be commenced before the expiration of the term of a city court the court may be continued beyond the term, to the completion of the trial and the rendering of judgment on the verdict

TITLE V.

OF THE COURTS OF SESSIONS.

CHAPTER I. The courts of sessions in general.

II. The courts of sessions in counties other than New York.
II. The court of general sessions of the city and county of New

York.

CHAPTER I.

THE COURTS OF SESSIONS IN GENERAL.

SECTION 37. General provisions.

38. The courts of sessions.

$ 37. General provisions. — There is in each of the counties of this state a court denominated the court of sessions, with the jurisdiction conferred by the next two chapters and no other, but nothing contained in this section affects its jurisdiction in actions or proceedings now pending therein.

$ 38. The courts of sessions. The courts of sessions are 1. The courts of sessions in counties other than New York;

2. The court of general sessions in the city and county of New York.

CHAPTER II.

COURTS OF SESSIONS IN COUNTIES OTHER THAN NEW YORK AND KINGS.

SECTION 39. Jurisdiction.

40. Indictments to be sent to oyer and terminer.
41. Other indictments may be sent to oyer and termmer.
42. By whom held.
43. Justice disqualified.
44. Same.
45. When and where held; jurors
46. Jurors, how drawn.
47. Clerk.
48. Writ or process.
49. Compensation of justice.

$ 39, Jurisdiction. The courts of sessions embraced in this chapter have jurisdiction :

1. To inquire by the intervention of a grand jury of all crimes committed or triable in the county ; but in respect of such minor crimes as courts of special sessions or police courts have exclusive jurisdiction to hear and determine, in the first instance, the jurisdiction of the sessions attaches only after the certificate mentioned in section 57 of this Code;

2. To try and determine indictments found therein or sent thereto by the court of oyer and terminer of the county, or by a city court in the county, for crimes not punishable with death;

3. To hear and determine appeals from orders of justices of the peace under the provisions of law respecting the support of bastards;

4. To examine into the circumstances of persons committed to prison as parents of bastards, and to discharge them in the cases provided by law;

5. To try and determine complaints under the provisions of law respecting masters, apprentices and servants;

6. To review the convictions of disorderly persons actually imprisoned, and to execute the powers conferred and duties imposed by law in relation to those persons;

7. To continue or discharge recognizances, undertakings and bonds of persons bound to keep the peace or to be of good behavior and to inquire into and determine the complaints on which they were founded ;

8. To compel relatives of poor persons and committees of the estates of lunatics to support such persons and lunatics in the cases and manner prescribed by law;

9. To exercise the powers conferred by law in relation to the estates of persons absconding and leaving their families chargeable to the public;

10. To let to bail persons indicted therein for any crime triable therein as provided by law;

11. To let to bail persons committed to the prison of the county before indictment for any offense triable in the court;

12. To discharge persons who have remained in prison without indictment or trial in the cases prescribed by law;

13. To revoke licenses in the cases and mode prescribed by law;

14. To grant new trials in all cases tried therein;

15. To execute such other powers and duties as may be conferred by statute, or are now defined by special statute relating thereto.

See $ 961, post.

The history of courts of sessions is given in People v. Bradner, 107 N. Y. 7; People v. General Sessions, 15 Abb. Pr. 59.

Where an indictment is found in a court of oyer and terminer, to give jurisdiction to the court of sessions to try it, there must be an order of the oyer and terminer remitting it to the sessions for trial. People v. Bradner, 107 N. Y. 1.

Notice to defendant is not necessary. Myers v. People, 14 Hun, 416; Leighton v. People, 88 N. Y. 117.

As to granting new trials, see McFall v. People, 18 Hun, 382.

As to appeals from courts of special sessions to courts of sessions, see SS 749– 772, post.

Where a court of sessions during a trial adjourned to a specified day, but because of a blizzard, could not convene until a later day, held error to proceed with the trial, though defendant did not object. People v. Sullivan, 49 Hun, 333.

$ 40. Indictments to be sent to oyer and terminer. -A court of sessions must send every indictment there found for a crime not triable therein to the court of oyer and terminer of the county, or to a city court having jurisdiction to try and determine the same

As to removal of indictments, see § 344, post.

$ 41. Other indictments may be sent to oyer and terminer. – A court of sessions may send an indictment pending therein to the court of oyer and terminer of the same county, to be determined according to law, and if such indictment is remitted back without trial by the court of oyer and terminer, the court of sessions may proceed thereon.

See S 344, post; People v. Bradner, 107 N. Y. 5; Leighton v. People, 88 id. 117; 10 Abb, N. C. 261.

8 42. By whom held. - A court of sessions must be held by the county judge, with two justices of sessions to be designated according to statute. If the justices of sessions, or either of them, fail to attend the commencement of, or during the term, or if his office at such time is or becomes vacant, the county judge by an order entered in the minutes, may designate any justice of the peace of the county to serve as justice of sessions during the term, or if the order is made by reason of non-attendance, until the absentee attends.

See State Const., art. VI, S 15; Laws 1883, chap. 111; Cyphers v. People, 31 N. Y. 373; 5 Park. 666.

On the trial of an indictment in the court of sessions, it is error for the county judge to substitute a justice of the peace for one of the justices of sessions, who has sat during the impaneling of the jury and a portion of the trial, and who abandons the bench. Blend v. People, 41 N. Y, 604.

In People v. Dohring, 59 N. Y. 374; 17 Am. Rep. 349, it was held that a court of sessions does not lose jurisdiction because one of its members is called from the bench as a witness in the case, and is sworn and testifies as such.

But his becoming a witness is error, and if objection be made and exception taken, it is fatal to the judgment. People v. Dohring, supra.

A county judge who, with two justices constituting a court of general ses. sions, has tried a person indicted for larceny, has no authority to receive the verdict of the jury in the absence of those justices from the court-room, and

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