TITLE III. OF THE COURTS OF OYER AND TERMINER. SECTION 21. Court of oyer and terminer in each county. 23. By whom held. 24. Writ or process. 21. Court of oyer and terminer in each county.There is in each of the counties of this state, except that for this purpose Fulton and Hamilton are deemed one county, a court of oyer and terminer, with the jurisdiction conferred by the next section and no other, but nothing contained in this section affects its jurisdiction in actions or proceedings now pending therein. The oyer and terminer is a permanent and continuous court. Its successive sessions are terms of the same, and not distinct tribunals. Quimbo Appo v. People, 20 N. Y. 531; 18 How. Pr. 350. Though held by different presiding justices. People v. Naughton, 7 Abb. Pr. (N. S.) 421. § 22. Its jurisdiction.-The court of oyer and terminer has 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 oyer and terminer attaches only after the certificate mentioned in section fifty-seven of this Code; 2. To try and determine all such crimes. and to try all persons indicted for the same; 3. To deliver the jails of the county, or city and county, according to law, of all prisoners therein; 4. To try any indictment found in the court of sessions of the county or the court of general sessions of the city and county of New York, which has been sent by order of the court of sessions or general sessions to and received by the court of oyer and terminer, or which has been removed from any court into the court of oyer and terminer if, in the opinion of that court, it is proper to be tried therein; 5. To exercise the same jurisdiction as a court of sessions in a cause or proceeding transferred according to sections forty and forty one of this Code; 6. By an order, entered in its minutes, to send any indictment found therein for a crime triable at the court of sessions of the county, or the court of general sessions of the city and county of New York, to such court; 7. To grant new trials in all cases tried therein; 8. To let to bail any person committed, before and after indictment found, upon any criminal charge whatever; 9. To exercise the powers conferred upon it by other provisions of this Code and by special statutes. The organization of courts of oyer and terminer, with the exception that a justice of the supreme court must preside, is within the control of the legis lature. People v. Bork, 96 N. Y. 198. These courts are of superior criminal jurisdiction, and every thing necessary to confer jurisdiction over defendant's person is presumed. People v. Cavanagh, 2 Abb. Pr. 84; reversing 1 Park. 588; 2 id. 650. May try an indictment found in the sessions, without an order of the sessions, sending it there for trial. People, ex rel. Sherwin, v. Mead, 28 Hun, 227; 64 How. 41; 92 N. Y. 415; People v. Myers, 2 Hun, 626; People v. Gay, 10 Wend. 509; People v. Quimbo Appo, 20 N. Y. 577; People v. Sessions, 3 Barb. 144. An indictment for murder found in general sessions may be transferred to oyer and terminer for trial. Thompson v. People, 6 Hun, 135; Dolan v. People, id. 493; 64 N. Y. 485. An indictment found in the oyer and terminer and remitted to the sessions, may be again remitted back to the former court for trial. People v. Gay, 10 Wend. 509. An indictment sent to the oyer and terminer by the general sessions, may be tried at any time thereafter, though ordered to be sent to the next court of oyer and terminer. Neal v. People, 42 N. Y. 270; 55 Barb. 551; 8 Abb. (N. S.) 314. A court of oyer and terminer had no power, by the common law, to grant new trials upon the merits, after conviction, in a capital case, nor it seems, in any case of felony. 6 T. R. 625; Chit. Crim. Law, 532; Appo v. People, 20 N. Y. 531; People v. Townsend, 1 Johns. Cas. 104; Col. & Cr. Cas. 73: Noah's Case, 3 C. H. Rec. 13; People v. Comstock, 8 Wend. 549; People v. Dutchess (0. and T.), 2 Barb. 282. See, also, Willis v. People, 32 N. Y. 715; 5 Park. 621; People v. Morrison, 1 id. 625. The judge has no power to adjourn the over and terminer to another place within the district, than that appointed for holding the court. Northrup v. People, 37 N. Y. 203, reversing 50 Barb. 147. The supreme court judge assigned to hold the oyer and terminer cannot adjourn the court to a future day by a written order to the sheriff without being present in court; but such adjournment may be ordered by any judge present. People v. Clews, 4 Abb. N. C. 256. The oyer and terminer has jurisdiction of a murder committed by a soldier in the actual service of the general government, within the body of the county; that a court-martial has concurrent jurisdiction makes no difference. v. Gardiner, 6 Park. 143. People § 23. By whom held. A court of oyer and terminer is held by a justice of the supreme court, without an associate. This section is not affected by the provisions of section 962, post. Since the adoption of the constitution of 1846, the organization of courts of oyer and terminer is within the control of the legislature with the single exception that a justice of the supreme court must be a member of the court and must preside. Smith v. People, 47 N. Y. 330. The fact that two justices of sessions sat with supreme court justice is a mere irregularity, and does not affect the court's jurisdiction. People, ex rel. Bork, v. Gilbert, 1 N. Y. Cr. Rep. 398. Court of oyer and terminer organized under this section may execute a sentence, pronounced by a court of oyer and terminer before this section took effect. Ostrander v. People, 29 Hun, 513; 1 N. Y. Cr. Rep. 274; People v. Bork, 96 N. Y. 198; 2 N. Y. Cr. Rep. 177. § 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. IV. General provisions relating to city courts. CHAPTER I THE CITY COURT OF BROOKLYN. SECTION 26. Jurisdiction. 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 transmitted 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. Laws 1849, cháp. 125, § 1; Laws 1870, chap. 470; and see N. Y. Const., art. VI, § 12; 3 R. S. 282, § 15; Code Civ. Proc., $$ £07-313. § 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. SECTION 28. Jurisdiction. 29. By whom held. § 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 People v. Demick, 107 N. Y. 15; 41 Hun, 633; 5 N. Y. Cr.- Rep. 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 Code Civ. Proc., §§ 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., §§ 295–296. CHAPTER III. THE OTHER CITY COURTS. SECTION 31. 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 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. SECTION 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. |