§ 23. By whom held. A court of oyer and terminer is held by a justice of the supreme court, without an associate. Art. 67, NY. Const.; see Smith People, 47 N. Y. 330; see § 962, post. People Bork, 31 Hun, 363; 96 N Y. 188; 2 N. Y. Cr. 177; People ex rel. Bork v. Gilbert, 1 N. Y. Cr. 395; People v. Shaw, 63 N Y. 36; Cancemi's case, 18 id. 128, People v. Hovey, 92 id. 554, 1 N. Y. Cr. 282; People v. Cornetti, 92 N. Y. 85; People v. Miller, 2 Park. 197; People v. Ostrander, 29 Hun, 513; 1 N. Y. Cr 274; 17 W. Dig 373. § 24. Writ or process. A writ or process issued out of the court of oyer and terminer must be tested in the name of a justice of the supreme court of the district, and may be directed by the court into any county of the state, as occasion requires. § 25. Clerk.- Except the clerk of the county of New York, the clerk of each county is, by virtue of his office, the clerk of the court of oyer and terminer held therein. TITLE IV. Of the City Courts. CHAPTER I. The city court of Brooklyn. III. The other city courts IV. General provisions relating to city courts. SEC. 26. Jurisdiction. CHAPTER I. THE CITY COURT OF BROOKLYN. 27. By whom held. § 26. Jurisdiction. The city court of Brooklyn has criminal jurisdiction: 1. To the same extent and in the same manner, and with the same power as a court of oyer and terminer in the county of Kings in the indictment and trial of all offenses committed in the city of Brooklyn, whenever a bill of indictment for any such offense has been transImitted to the court by the court of sessions or court of oyer and terminer of the county of Kings; 2. To remand any such indictment to the court of sessions or court of oyer and terminer of the county of Kings; 3. To prosecute a forfeited recognizance taken by the court of sessions or court of oyer and terminer of Kings county and binding the party or parties and witnesses to such indictment to appear in the city of Brooklyn. See 12, art. 6 of State Const.; 307-313 of Code of Civil Procedure. - § 27. By whom held. - Any one of the judges of the city court of Brooklyn may hold a court of criminal jurisdiction. CHAPTER II. THE SUPERIOR COURT OF BUFFALO. SEC. 28. Jurisdiction. 29. By whom held. 30. Terms. § 28. Jurisdiction. The superior court of Buffalo has criminal jurisdiction: 1. To inquire by a grand jury of all crimes committed in the city of Buffalo; 2. To try and determine all indictments found therein, or sent thereto by another court for a crime committed in that city; 3. To send any indictment pending therein undetermined to the court of oyer and terminer or to the court of sessions of the county of Erie to be determined according to law; 4. At a general term thereof exclusively to review upon motion on the indictment, with or without a bill of exceptions, its decisions and judgments, and grant new trials. See i 292 to 300 of Code of Civil Pro.; People v. Dimick, 107 N. Y. 13, 33; 41 Hun, 633; 5 N. Y. Cr. 200. (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 295, 296 of Code of Civ. Pro. § 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. SEC. 31. Other city courts. 32. By whom held. See § 295, 296 of the Code of Civil Procedure. CHAPTER III. THE OTHER CITY COURTS. § 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 jurisdic tion 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 repectively; 2. The mayor's court of Hudson, by the mayor of that city. CHAPTER IV. GENERAL PROVISIONS RELATING TO CITY COURTS. SEC. 33. Indictments for offenses punishable with death to be sent to oyer and terminer. 34. Indictments for crime not punishable by death. 35. Indictments when to be sent to city court. 36. Court continued beyond terms. § 33. Indictments for offenses punishable with death, etc.—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 remaining 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. Indictments when sent to city court.- 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. CHAPTER TITLE V. Of the Courts of Sessions. I. The courts of sessions in general. II. The courts of sessions in counties other than New York. III. The court of general sessions of the city and county of New York. CHAPTER I. THE COURTS OF SESSIONS IN GENERAL. SEC. 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 containing in this section affects its jurisdiction in actions or proceedings now pending therein. Art. 6, 15, N. Y. Const.; People v. Bradner, 107 N. Y. 1; People v. Cook, 45 Hun, 34. § 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. SEC. 39. Jurisdiction. 40. Indictments to be transferred to oyer and terminer. 41. Id.; remitting back. 42. By whom held. 43. Justice disqualified. 44. Same. 45. When and where held; jurors. 46. Jurors, when to be drawn. 47. Clerk. 48. Writ or process. 49. Compensation of justice. People v. Rugg, 3 N. Y. Cr. 177. § 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 fifty-seven 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 41, 343-353, 465, 961, post; People v. Bradner, 107 N. Y. 1, 5; People ex rel. Vitan. Vitan, 20 Abb. N. C. 298; Leighton v. People, 88 N. Y. 117; 10 Abb. N. C. 261; People v. Moneghan, 1 Park. 570; Myers v. People, 14 Hun, 416; People v. Sullivan, 49 id. 333; People v. Sessions, 15 Abb. 59, McFall v. People, 18 Hun, 382. § 40. Indictments to be sent, etc. - 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. People v. McCraney, 21 How. 149; People v. Porter, 4 Park. 524: Thompson v. People, 6 Hun, 135. |