may pass sentence on a prisoner convicted before the expiration of the term. (Lavenberg v. People, 27 N. Y., 336.) § 55. (Amended 1882.) 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. IV. The police courts. CHAPTER I. THE SPECIAL SESSIONS EXCEPT IN THE CITY OF NEW YORK AND ALBANY, SECTION 56. Jurisdiction of courts. 57. Exclusive jurisdiction. 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. (Amended 1886.) Jurisdiction of courts.-Subject to the power of removal 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 freehold not amounting to grand larceny. 5. Selling poisonous substances not labelled as required by law. 6. Wrongfully and maliciously removing, defacing or cutting down monuments or marked trees. 7. Wrongfully destroying or removing mile-stones, mileboards 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. 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 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 frnit or ornamental shade tree or vines. [AM'D 1889.] 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 private 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. 26. Driving any carriage upon any turnpike, road or highway for the purpose of running horses. 27. Cruelty to animals or children. 28. Cheating at games. 29. Winning or losing at any game or play, or by any bet, as much as twenty-five dollars within twenty-four hours. 30. Selling liquors in a court-house or jail contrary to law. 31. Crimes against the provisions of existing laws for the prevention of wanton or malicious mischief. 32. When a complaint is made to or a warrant is issued by a committing magistiate for a violation of the laws relating to excise and the regulation of taverns, inns and hotels, or for unlawfully selling or giving to any Indian spirituous liquors or intoxicating drinks. 33. Frauds on hotel, inn, tavern and boarding-house keepers. [AM'D 1889.] 34. Such other jurisdiction as is now provided by special statute or municipal ordinance authorized by statute. (a) The limitation as to assault in third degree applies to cases where complaint or charge was made to court of special sessions in the first instances. The People v. Palmer, 6 N. Y. St Rep., 341, People v. McCann, Id., 541. *So in the original. ex rel Knowlton v. Sadler, 2 N. Y. Cr. R., 438. (People ex rel. Stokes v. Risley 4 N. Y. Cr. R., 109.) A defendant sentenced by a Court of Special Sessions to pay a fine of $250 and to stand committed, not to exceed one year until paid is void. (People ex rel. Stokes v. Risley, 4 N. Y. Cr. R., 109.) A defendant held under such void judgment is not confined to an appeal, as his remedy, but may seek his discharge by habeas corpus. Id. (b) Under sub. 24, the word " must be affixed to the word "lawfully in the charge, or no offense is stated to have been committed. (People ex rel. Baker v. Beatty, 4 N. Y., Cr. R., 287.) "un (e) Excise Laws not repealed-Sub. div. 32 does not repeal the provisions of the Excise Law, Laws 1857 ch. 628, § 17, amended by Laws 1869 ch. 856 § 2, providing for the punishment of public intoxication. (People v. Burleigh, 1 N. Y. Cr. R., 522.) (d) Public Intoxication-The provision of the Excise Law in relation to public intoxication are to be enforced, not by a Court of Special Sessions, but by the magistrate before whom the offender shall be brought, according to law. (Ib.) The offender is not entitled to a jury trial. Id. (e) May discharge a jury on disagreement.-If one jury cannot agree, the court may discharge them and summon another. (Vanderwerker v. People, 5 Wend., 530. (ƒ) Court need not advise prisoner.-To render a conviction valid not necessary that the court should inform the prisoner of his right to be tried by a jury, or that he should expressly waive such right. (People v. Goodwin, 5 Wend., 251.) (9) Must have six jurors.-The court of special sessions has no authority to try a person by a jury of less than six, though both he and the prosecutor consent thereto. (Germond v. People, 1 Hill, 343.) () Warrant must name officer.-The warrant of the court must point out the officer who is to execute it. (Russell v. Hubbard, 6 Barb., 654.) (i) Record must show court in session.-A justice holding special sessions cannot render judgment except when his court is in session, and the record must show this. (Lattemore v. People, 10 How., 336.) A return that the court was kept open on Sabbath, construed to mean that the case was continued to Monday. (Vanderwerker v. People, 5 Wend., 530.) § 57. (Amended 1882 and 1884.) Exclusive jurisdiction.-Upon filing with the magistrate before whom is pending a charge for any of the crimes specified in the last section, a certificate of the county judge of the county, or of any justice of the supreme court, that it is reasonable that such charge be prosecuted by indictment, and fixing the sum in which the defendant shall give bail to appear before the grand jury; and upon the defendant giving bail as specified in the certificate, all proceedings before the justice shall be stayed; and he shall, within five days thereafter, make a return to the district attorney of the county of all proceedings had before him upon the charge, together with such certificate and the undertaking given by the defendant thereon, and the district attorney shall present such charge to the grand jury; provided, however, that no such certificate shall be given except upon at least three days' notice to the complainant or to the district attorney of the county of the time and place for the application therefor. (a) This section does not apply to the provision of the Excise Law providing for the punishment of public intoxication. People v. Burleigh 1 N. Y. Cr. R., 522. (b) The provision of the act of 1879 giving to courts of special sessions, except in the cities of New York and Albany, exclusive jurisdiction to hear and determine in the first instance charges of petit larcency not charged as a second offense, is constitutional and valid, and said courts can now try the offenses specified. (People ex rel Comaford v. Dutcher, 83 N. Y., 240; Jurisdiction of said court may hereafter be increased. (Id.) (c) When a court or magistrate, exercising special or limited powers, has jurisdiction, the proceedings are entitled to the same presumption of regularity which attaches to proceedings of courts of higher jurisdiction, and when there is presented to a court or magistrate exercising a summary jurisdiction, evidence of an essential fact, the judgment thereon cannot be overhauled in a collateral proceeding. (People ex rel. Van Riper v. New York Catholic Protectory, 11 N. Y. State Rep., 155.) § 58. (Amended 1882.) Limitation.-When a person is brought before a magistrate charged with the commission of any of the crimes mentioned in section fifty-six, and asks that his case be presented to the grand jury, the proceedings shall be adjourned for not less than five nor more than ten days; and if on or before the adjourned day the certificate mentioned in section fiftyseven is not filed with the magistrate before whom the charge is pending, and bail given by the defendant as therein prescribed, the magistrate shall proceed with the trial, and when the defendant is brought before the magistrate, it shall be the duty of the magistrate to inform him of his rights under section fiftyseven and this section. (a) Public Intoxication.-This section does not apply to persons guilty of public intoxication. People v. Burleigh, 1 N. Y. Cr. R. 522. (b) When summarily to be dealt with.-A person accused of public intoxication is not entitled to a jury trial, but can be tried summarily before the magistrate. (Id.) Quare.-Will an appeal lie from magistrate's decision in a case of public intoxication. (Id.) (c) (Court need not advise prisoner as to his right to jury.-It is not essential to a valid conviction that the court inform the prisoner of his right to be tried by a jury, or that he should expressly waive such right. (People v. Goodwin, 5 Wend., 251.) (d) What sufficient election. By electing to be tried in special sessions, prisoner waives all objections to jurisdiction. (Gill v. People, 3 Hun, 187; 60 N. Y., 643; see, also, People v. Mallon, 39 How., 454.) $59. (Amended 1882.) Trial and punishment of certain crimes.A court of special sessions having jurisdiction in the place where any of the crimes specified in section fifty-six is committed, has jurisdiction to try and determine a complaint for such crime, and to impose the punishment prescribed upon conviction, unless the defendant obtains the certificate and gives the bail mentioned in section fifty-seven. (a) Conviction, when erroneous.-If neither the complaint for larceny, nor the warrant, state the value of the property stolen, and there be no mention of the place where the offense arose, a conviction by the special sessions is errone(Howell v. People, 2 Hill, 281.) ous. (b) Warrant must name officer.-The warrant of the court must also point out the officer who is to execute it. (Russel v. Hubbard, 6 Barb., 654.) § 60. Special sessions in Brooklyn. Subject to the power of removal provided for by sections fifty-seven and fifty-eight of this Code, the courts of special sessions in the city of Brooklyn shall, in the first instance, have exclusive jurisdiction to try and determine all complaints for misdemeanors committed in said city, where the term of imprisonment does not exceed one year, with or without fine, excepting conspiracy, and to impose the same punishment as is authorized by statute in like cases to be inflicted by the court of sessions of the county of Kings. Where any jury is required for the trial of any crime or misdemeanor in said courts of special sessions in the city of Brooklyn, the said courts shall have power to summons as many jurors as the court may deem necessary for the trial of such action or misdemeanor. The said court of special sessions in the city of Brooklyn shall have power to take |