CHAPTER III. THE SPECIAL SESSIONS IN THE CITY OF ALBANY. SEC. 68. Jurisdiction. 69. Bail or commitment. 70. Petit larceny; assaults. 71. By whom held; officers to attend. 72. Clerk. 73. Court, when and where held. § 68. Jurisdiction. The court of special sessions in the city of Albany has jurisdiction: 1. To try and determine all cases of petit larceny charged as a first offense, and all misdemeanors, not being infamous crimes, committed within the city. 2. To take recognizances to appear before the court at a succeeding term from persons charged with a crime or misdemeanor, triable therein. 3. To impose and enforce sentence of fine or imprisonment, or both, in the discretion of the court, in all cases within its jurisdiction, upon conviction to the same extent as the court of sessions of the county of Albany could do in like cases. 4. To punish a contempt of court in the same manner and to the same extent as the court of oyer and terminer of the county could do in like cases. 5. In cases where a jury trial is demanded by a defendant, to draw from the jury box containing the names of jurors who reside in the city of Albany, such number of names as the recorder or county judge may direct, and to require the sheriff of the county to summon the persons so drawn to appear at the time designated for trial, to impanel a jury of twelve men, to require the attendance of additional jurors and to punish a juror or witness neglecting to appear, in the same manner and to the same extent as the court of oyer and terminer of the county could do in like cases. 6. On motion of the district attorney, to issue a warrant for the arrest of a person who neglects to appear agreeably to the requirements of a recognizance to appear thereat, commanding the officer executing the same to bring the party forthwith before the court, if in session, otherwise to commit him to the common jail of the county, there to remain until delivered by due course of law. See chap. 284, Laws, 1872, amended, id 364, Laws, 1881; Matter of Bray, 34 N. Y. St. Rep. 642; People v. Parr, 42 Hun 316; 4 N. Y. Cr. 545; People v. Hallenbeck, 1 N. Y. Cr. 437; 65 How. 404; see 4 N. Y. Cr. 545. § 69. Bail or commitment. Upon charges for offenses triable by this court, the police magistrate or any other magistrate in the city hearing the same, shall, if offered, take recognizances in the cases provided by law returnable at the court of special sessions; and all . such recognizances as shall have been so taken shall be returned to and filed with the district attorney of the county of Albany. If no such recognizance be offered, the magistrate or magistrates shall commit the defendant to the common jail of the county of Albany until he shall be thence delivered in due course of law, and the trial of such person shall be had before the court of special sessions, except that where a police justice or other magistrate in this city has jurisdiction, the defendant may elect to be tried before such police justice or other magistrate. § 70. Petit larceny; assaults. Whenever a person is brought before a police justice or other magistrate of the city, charged with any of the following crimes, viz.: Petit larceny charged as a first offense, offenses against the laws relating to excise and the regulation of taverns, inns and hotels, offenses being misdemeanors against the laws relating to gaming.* Assaults upon, and interference with, a public officer in the discharge of his duty, and it shall appear to the magistrate that the crime has been committed, and that there is sufficient cause to believe the defendant guilty thereof, the magistrate must order him to be held to answer the charge before the court of special sessions. § 71. Officers to attend. -The court of special sessions in the city of Albany must be held by the recorder of the city, with or without one or more of the justices of the peace to be associated with him. In case of the absence or inability of the recorder to act, the county judge of the county of Albany must act in his place. If the recorder and county judge are both unable, by reason of absence or other cause, to hold the court, the clerk must adjourn the court to the next following Tuesday, and continue such adjournments until the recorder or county judge attends. Not more than two officers shall be designated or appointed by the sheriff or other authority to attend the court of special sessions of the city of Albany, unless the court shall, by an order entered in its minutes, require the attendance of a greater number. § 72. Clerk. The county clerk of Albany county is clerk of the court of special sessions of the city of Albany, and must attend the same in person or by deputy. § 73. Court, when and where held.— The court of special sessions of the city of Albany must be held at the city hall in the city of Sic. Albany, on Tuesday of each week, and may be held and continued for such length of time as it deems proper. CHAPTER IV. THE POLICE COURTS. SEC. 74. Jurisdiction. 75. Election of justices. 76. Justice to take and file oath of office, etc. 78. Compensation of justice. § 74. Jurisdiction.- Police justices have such jurisdiction, and such only, as is specially conferred upon them by statute. The courts held by police justices are called police courts, and courts of special sessions are also called police courts, and are so designated in different parts of the Code. Matter of McMahon, 1 N. Y. Cr. 58; 61 How. 285; People v. Trumble, 1 N. Y. Cr. 443; People ex. rel. Lynch v. Duffy, 49 Hun, 276. § 75. Election of justices. Upon the application in writing of not less than twenty-five electors, inhabitants of any incorporated village in this state in which no provision now exists for the election of a police justice, the board of trustees of such village may determine, by resolution to be entered in their minutes of proceedings, that a police justice should be elected for such village; and if they so determine, the electors of the village may, at their next annual election, or at a special election to be called for the purpose, and to be conducted in the same manner as the annual election, choose a police justice who must be a resident elector of the village; and thereafter a police justice must be elected in such village, at the annual charter election next preceding the expiration of a regular term, or at the next annual election after a vacancy, on the same ticket with the other elective village officers. Any vacancy must be filled by appointment by the board of trustees of the village. Matter of McMahon, 1 N. Y. Cr. 58; 64 How. 285. § 76. Justice to take, etc., oath, etc.-A police justice elected or appointed as prescribed in the last section must, before entering upon the duties of his office, and within fifteen days after receiving notice from the village clerk of his election or appointment, take before the clerk, the constitutional oath of office, and file the same with the clerk, together with a bond with such sureties and in such amount as shall be approved by the board of trustees of the village, conditioned for the faithful performance of his official duties. This oath is contained in § 1, art. 11 of State Constitution. § 77. Justice, how to hold office.-A police justice elected or appointed as prescribed in section seventy-five, holds his office as follows: 1. If elected at the first election held after the creation of the office, he must enter upon the duties of his office immediately after qualifying, as prescribed in the last section, and may hold his office until and including the thirty-first day of December, in the third year succeeding his election. 2. If elected at any subsequent election, except as prescribed in the next subdivision, he must enter upon the duties of his office on the first day of January succeeding his election and may hold his office for three years. 3. If elected to fill a vacancy, he must enter upon the duties of his office immediately after qualifying, as prescribed in the last section and may hold his office for the unexpired term. 4. If appointed, he must enter upon the duties of his office immediately after qualifying as prescribed in the last section, and may hold his office until his successor is elected and qualifies. § 78. Compensation of justice.-A police justice can not retain to his own use any costs or fees, but may receive for his services an annual salary, to be fixed in villages by the board of trustees, and in cities by the common council, except where the same is otherwise fixed by law; and such salary shall not be increased or decreased during his term of office. PART II. OF THE PREVENTION OF CRIME. TITLE I. OF LAWFUL RESISTANCE. II. OF THE INTERVENTION OF THE OFFICERS OF JUSTICE. TITLE I. Of Lawful Resistance. CHAPTER I. General provisions respecting lawful resistance. CHAPTER I. GENERAL PROVISIONS RESPECTING LAWFUL RESISTANCE. SEC. 79. Lawful resistance; by whom made. § 79. Lawful resistance, etc.-Lawful resistance to the commission of a crime may be made; 1 1. By the party about to be injured; 2. By other parties. CHAPTER II. 24 Alb. L. J. 1, 2. RESISTANCE BY THE PARTY ABOUT TO BE INJURED. SEC. 80. In what cases; to what extent. § 80. In what cases, etc.-Resistance sufficient to prevent the crime may be made by the party about to be injured: 1. To prevent a crime against his person; 2. To prevent an illegal attempt by force to take or injure property in his lawful possession. See § 26 of Penal Code, and note. Sub. 1. A person attacked if justified in reasonably apprehending great bodily harm and the danger imminent, may kill his assailant. Shorter v. People, 2 N. Y. 193; Patterson v. People, 46 Bar. 625; see People v. Lamb, 54 Bar. 342; People v. Austin, 1 Park. 154; People v. Cole, 4 Park. 35; i fomer v. People, ib. 558; Uhl v. People, 5 ib. 410. Party assailed must avoid attack, if possible to justify resistance. People v. Sullivan, 7 N. Y. 396; People v. Cole, sup; People v. Harper, Edm. S. C. 180; Shorter v. People, sup. Resistance to prevent consummation of a felony. See Ruloff v. People, 45 N. Y. 213; People v. Hand, 4 Alb. L. J. 91. Need not first invoke protection against anticipated assault. Evers. People, 3 Hun, 716; 63 N. Y. 625. Sub. 2. Defense of possession of real property. Corey v. People, 45 Barb. 262; Wood v. Phillips, 43 N. Y. 152; People v. Gulick, Lalor, 229, Harrington . People, 6 Barb. 607. Defense of personal property. Gyre. Culver, 47 Barb. 592. CHAPTER III. RESISTANCE BY OTHER PARTIES. SEC. 81. In what cases. § 81. In what cases.— - Any other person, in aid or defense of the person about to be injured, may make resistance sufficient to prevent the injury. TITLE II. Of the Intervention of the Officers of Justice. CHAPTER I. Intervention of public officers in general. II. Security to keep the peace. III. Police in cities and villages, and their attendance at exposed places. IV. Prevention and suppression of riots. CHAPTER I. INTERVENTION OF PUBLIC OFFICERS IN GENERAL. SEC. 82. In what case. 83. Persons acting in their aid, justified. |