50. This court continued; proceedings now pending. -The courts known as the court of general sessions in and for the city and county of New York, and the court of sessions in and for the county of Kings are continued, with the jurisdiction conferred by the next two sections and no other. But nothing contained in this section affects their jurisdiction of actions and proceedings now pending therein.

See Laws 1851, chap. 441; Laws 1855, chap. 337; Laws 1857, chap. 124; Laws 1859, chap. 208; Laws 1862, chap. 10; Laws 1860, chap. 508.

§ 51. Its jurisdiction. The court of general sessions of the city and county of New York and the court of sessions of the county of Kings have jurisdiction:

1. To try, determine and punish according to law, all crimes cognizable within their respective counties, including crimes punishable with death or imprisonment in the state prison for life; 2. To exercise, in cases arising in their respective counties, the same powers as are conferred by this Code upon courts of sessions in other counties;

3. To try and determine any indictment found in the court of oyer and terminer of the county, which has been sent by order of that court to and received by the court of sessions therein, and

4. To exercise such powers as are now prescribed by special statute relating thereto.

As to the court of general sessions in the city and county of New York see Consolidation Act (Laws 1882, chap. 410). § 1514 et seq.

The court of general sessions of the city and county of New York has no jurisdiction to discharge a prisoner committed by a police magistrate in default of giving the undertaking required by section 89, Code of Criminal Procedure, to keep the peace. People v. Boyle, 2 N. Y. Cr. Rep. 54.

An indictment for murder found in the general sessions of New York may be transferred to the oyer and terminer for trial either before or after arraignment, Thompson v. People, 6 Hun, 135; Dolan v. People, id. 493; 64 N. Y. 485.

On error, an order for the removal of the case from the oyer and terminer to the court of sessions need not appear on the record. May v. People, 12 Hun,

380.

Has power to discharge a jury in case of felony, if unable to agree. People V. Goodwin, 18 Johns. 187.

The court of general sessions of New York has power to grant new trials upon the merits. People v. Powell, 9 Abb. Pr. 91; Lonergan v. People, 39 N. Y. 39, reversing 50 Barb. 266; 6 Park. 209; and overruling People v. N. Y. Gen. Sess., 15 Abb. 59; and Ex parte Marks, 14 id. 105, n.

The general sessions have jurisdiction over offenses committed on Governor's Island. People v. Lent, Wheeler Crim. Cas. 548.

May try a prisoner on a charge of stealing corporation notes which were in circulation. Linnenden's Case, 1 C. H. Rec. 30.

It is the duty of the New York court of sessions to send to the oyer and terminer all indictments for offenses which they cannot try. People v. Shepard, 11 Abb. Pr. 59; 19 How. 446.

The New York general sessions will not transfer to the oyer and terminer indictments found in the sessions except on motion, and on notice to the dis trict attorney or the accused, as the case may be. McFarland's Case, 7 Abb. (N. S.) 348.

After affirmance in court of appeals, court of sessions may re-sentence a prisoner. Walters v. People, 19 Abb. 212.

New York general sessions has all the power of a court of oyer and terminer. People v. Goodwin, 18 Johns. 187.

§ 52. Division of court. The court of general sessions of the city and county of New York is divided into three parts.

§ 53. Parts, by whom held. Any one of the three parts of the court of general sessions of the city and county of New York may be held by the recorder of the city of New York, or the city judge, or the judge of the court of general sessions. A judge of the court of common pleas for the city and county of New York may also hold it. The court of sessions of the county of Kings must be held by the county judge of the county of Kings, with two justices of the sessions, designated according to statute.

§ 54. When held and its duration. - Each part of the court of general sessions in and for the city and county of New York, may be held each month, commencing on the first Monday and continuing so long as, in the opinion of the judge sitting and of the district attorney, the public interest requires, but one part only is required to be held during the months of July and August, and two parts only during the rest of the year.

The provision of the act of 1859 authorizing the court of sessions of any county of this state to continue its sittings so long as may be necessary for the determination of any cases, is applicable to the court of general sessions of New York. Lowenberg v. People, 27 N. Y. 336; 26 How. 202; 5 Park. 414; Ferris v. People, 31 How. 140; 35 N. Y. 125; 48 Barb. 17; 1 Abb. (N. S.) 193. While prolonging its session for the purpose of concluding a trial, the court may pass sentence on a prisoner convicted before the expiration of the term. Lowenberg v. People, 27 N. Y. 336.

55. Accommodation for court and officers. The courts have the same power to direct suitable provisions to be made for their accommodation as is now possessed by the supreme court. The recorder, city judge, and judge of the court of general sessions of the city and county of New York must appoint a clerk, and not more than four deputy clerks, two interpreters and two stenographers. The clerk and deputy clerks so appointed must act also as clerks and deputy clerks of the court of oyer and terminer in the city and county of New York. The county judge of the county of Kings shall, by writing, filed with the county clerk, appoint a clerk of the court of sessions of the county, who shall be removable by him at any time, for incompetency, negligence or official misconduct, in which case he may appoint another. The county clerk of the county must deliver to the clerk of the sessions all books and records of the court of sessions in his custody. The clerk of the sessions may appoint a deputy clerk, and not more than two assistants, and such clerk, deputy and assistants shall receive salaries, respectively, equal to those now paid to the deputy clerk and assistant clerk serving in that court, payable monthly by the treasurer of the county. Such court of sessions shall by an order entered in its minutes adopt a seal, which seal when so adopted shall be the seal of the court of sessions of the county of Kings.

TITLE VI.

OF THE COURTS OF SPECIAL SESSIONS AND POLICE COURTS.

CHAPTER I. The special sessions, except in the cities of New York and

Albany.

II. The special sessions in the city and county of New York.
III. The special sessions of the city of Albany.

IV. The police courts.

CHAPTER I.

THE SPECIAL SESSIONS EXCEPT IN THE CITIES OF NEW YORK AND

ALBANY.

SECTION 56. Jurisdiction of courts.

57. Exclusive jurisdiction.

SECTION 58. Limitation.

59. Trial and punishment of certain crimes.
60. Special sessions in Brooklyn.

61. Id., in Oswego.

62. By whom held.

63. Recorder of a city to hold court.

56. Jurisdiction of courts.— Subject to the power of re. moval provided for in this chapter, courts of special sessions, except in the city and county of New York and the city of Albany, have in the first instance exclusive jurisdiction to hear and determine charges of misdemeanors committed within their respective counties, as follows:

1. Petit larceny, charged as a first offense.

2. Assault in the third degree.

3. Racing, running or testing the speed of any animal within one mile of the place where any court is held.

4. Wrongfully severing any produce or article from the free hold, not amounting to grand larceny.

5. Selling poisonous substances not labeled as required by law.

6. Wrongfully and maliciously removing, defacing or cutting down monuments or marked trees.

7. Wrongfully destroying or removing mile-stones, mile-boards or guide-boards, or altering or defacing any inscription thereon. 8. Wrongfully destroying any public or toll-gate or turnpike gate.

9. Intoxication of a person engaged in running any locomotive engine upon any railroad, or while acting as conductor of a car, or train of cars, on any such railroad, or a misdemeano committed by any person on a railroad car or train.

10. Setting up or drawing unauthorized lotteries, or printing and publishing an account of any such illegal lottery, game, or device, or selling lottery tickets, or procuring them to be sold, or offering for sale or distributing any property depending upon any lottery, or for selling any chances in any lottery contrary to the provisions of law.

11. Unlawfully running, trotting or pacing horses pacing horses or any other animals.

12. Making or selling slung-shot or any similar weapon. 13. Unlawfully disclosing the finding of an indictment.

14. Unlawfully bringing to or carrying letters from any county jail, penitentiary or state prison.

15. Unlawfully destroying or injuring any mill-dam or embankment necessary for the support of such dam.

16. Unlawfully injuring any telegraph wire, post, pier, abutment, materials or property belonging to any line of telegraph. 17. Unlawfully counterfeiting any representation, likeness, similitude or copy of a private stamp, wrapper or label of any mechanic or manufacturer.

18. Malicious trespass on lands, trees or timber, or injuring any fruit or ornamental or shade trees or vines.

19. Maliciously breaking or lowering any canal walls, or wantonly opening any lock-gate, or destroying any bridge, or otherwise unlawfully injuring such canal or bridge.

20. Unlawfully counterfeiting or defacing marks on packages. 21. Unlawfully setting fire to wood or fallow land, or allowing the same to extend to lands of others, or unlawfully refusing to extinguish any fire.

22. Unlawfully or negligently cutting out, altering or defacing any mark on any logs, timber, wood or plank, floating in any waters of this state, or lying on the banks or shores of any such waters, or at any saw-mills, or on any island where the same may have drifted.

23. Unlawfully frequenting or attending a steamboat landing, railroad depot, church, banking institution, broker's office, place of public amusement, auction-room, store, auction sale at pri vate residence, passenger car, hotel, restaurant, or at any other gathering of people.

24. Unlawfully taking and carrying away the oysters of another, lawfully planted upon the bed of a river, bay, sound or other waters within the jurisdiction of this state.

25. Removing property out of the county, with intent to prevent the same from being levied upon by execution, or secreting, assigning, conveying or otherwise disposing of property, with intent to defraud any creditor, or to prevent the property being made liable for the payment of debts, or for receiving property with such intent.