§ 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 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. SECTION 74. Jurisdiction. 75. Election of justices. 76. Justice to take and file oath of office, etc. 77. Justice, how to hold office. 78. Compensation of justice. 874. 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. See Matter of McMahon, 64 How. Pr. 285; 1 N. Y. Cr. Rep. 446. No appeal lies from the judgment of a police justice unless a village charter or special statute confers such right. People v. Trumble, 29 Hun, 205; 1 N. Y. Cr. Rep. 443. 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. See Matter of McMahon, 64 How. 285; 1 N. Y. Cr. Rep. 58. $76. Justice to take and file oath of office, 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. The following is the constitutional oath of office (Const., art. 11, § 1): "I do solemnly swear (or affirm) that I will support the constitution of the United States, and the constitution of the state of New York, and that I will faithfully discharge the duties of the office of according to the best of my ability;" and all such officers who shall have been chosen at any election shall, before they enter on the duties of their respective offices, take and subscribe the oath or affirmation above prescribed, together with the following addition thereto, as part thereof: "And I do further solemnly swear (or affirm) that I have not directly or indirectly paid, offered or promised to pay, contributed, or offered or promised to contribute any money or other valuable thing as a consideration or reward for the giving or withholding a vote at the election at which I was elected to said office, and have not made any promise to influence the giving or withholding any such vote," and no other oath, declaration or test, shall be required as a qualification for any office of public trust." 877. 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 cannot 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. CHAPTER TITLE I. OF LAWFUL RESISTANCE. L. General provisions respecting lawful resistance CHAPTER I. GENERAL PROVISIONS RESPECTING LAWFUL RESISTANCE. SECTION 79. Lawful resistance; by whom made. 879. Lawful resistance; by whom made.- Lawful resist ance to the commission of a crime may be made: 1. By the party about to be injured; 2. By other parties. See 24 Alb. L. J. 1, 2. CHAPTER II. RESISTANCE BY THE PARTY ABOUT TO BE INJURED. SECTION 80. In what cases; to what extent. 880. In what cases; to what extent. -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 Penal Code, 26, and note. CHAPTER III. RESISTANCE BY OTHER PARTIES. SECTION 81. In what cases. 881. 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. SECTION 82. In what cases. 83. Persons acting in their aid, justified. § 82. In what cases. Crimes may be prevented by the intervention of the officers of justice: 1. By requiring security to keep the peace; 2. By forming a police in cities and villages, and by requiring their attendance in exposed places; 3. By suppressing riots. See post, § 84-101, 102–117. § 83. Persons acting in their aid, justified. When the officers of justice are authorized to act in the prevention of crime, other persons who, by their command, act in their aid, are justified in so doing. See Penal Code, § 223, subd. 1. |