TITLE II. Of the Court for the Trial of Impeachments. SEC. 12. Its jurisdiction. 13. Members of the court. 17. Time of holding the court. 18. Oath to members of the court. 19. Adjournments, etc. 20. Compensation of members and officers of the court. § 12. Jurisdiction.-The court for the trial of impeachments has power to try impeachments, when presented by the assembly, of all civil officers of the state, except justices of the peace, justices of justices' courts, police justices, and their clerks, for willful and corrupt misconduct in office. Art. 6, § 1, N. Y. Const. § 13. Members of the court.-The court is composed of the president of the senate, the senators, or a majority of them, and the judges of the court of appeals, or a majority of them, but on the trial of an impeachment against the governor, the lieutenant-governor cannot act as a member of the court. Art 6, 1, N. Y. Const. §14. Presiding judge. The president of the senate, or in case of his impeachment, death or absence, the chief judge of the court of appeals, or in the absence of both, such other member as the court may elect, is the presiding judge of the court. § 15. Clerks and officers.-The clerk and officers of the senate are the clerk and officers of the court for the trial of impeachments. § 16. Seal of the court.-The seal of the court for the trial of impeachments now deposited and recorded in the office of the secretary of state shall continue to be the seal of this court and must be kept in the custody of the clerk of the senate. § 17. Time of holding court.-Upon the delivery of an impeachment from the assembly to the senate the president of the senate must cause the court to be summoned to meet at the capitol in the city of Albany, on a day not less than thirty nor more than sixty days from the day of the delivery of the articles of impeachment. § 18. Oath to members of court.-At the time and place appointed, and before the court proceeds to act upon the impeachment, the clerk must administer to the presiding judge, and the presiding judge to each of the members of the court then present, an oath or affirmation truly and impartially to try and determine the impeachment; and no member of the court can act or vote upon the impeachment, or any question arising thereon, without having taken this oath or affirmation. 19. Adjournments, etc.-The court may adjourn from time to time and hold its sessions at such places as it may determine, but no more than two sessions of the court can be held during the recess of the legislature in any one year. § 20. Compensation of members and officers.-The writ and process of the court must be signed by the clerk and tested in the name of the president of the senate. The president of the senate and each senator are entitled to receive for their services and expenses while actually attending the court the same rate of compensation as an associate judge of the court of appeals is entitled by law to receive for his services and expenses as such judge for the same time. The other officers of the court, excepting the judges of the court of appeals, are entitled to the same compensation for their attendance thereon, and for traveling to and from the place where it is held, as is allowed them for attending a meeting of the senate, but no such compensation shall be received for attending the court during a session of the legislature. TITLE III. Of the Courts of Oyer and Terminer. SEC. 21. Court of oyer and terminer in each county. 22. Its jurisdiction. 23. By whom held. § 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. It is a continuous court. Appov. Peo., 20 N. Y., 531; Naughton v. Peo., 7 Abb. Pr. [N. S.], 421. § 22. 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 40 and 41 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 what ever. 9. To exercise the powers conferred upon it by other provisions of this Code and by special statutes. Court cannot adjourn to place not appointed for holding. Northrup v. Peo., 37 N. Y., 203; Flanigan v. Peo., 86 N. Y., 554 Peo. v. O'Connell, 62 How. P. R., 436; Peo. v. Cavanagh, 62 How. Pr., 187. § 23. By whom held.-A court of oyer and terminer is held by a justice of the supreme court, without an associate. Art. 6, 7, N. Y. Const. If justices be changed or absent during trial, it is a mistrial. Shaw v. Peo., 3 Hun, 272; Blend v. Peo., 41 N. Y., 604. A trial justice cannot testify. Dohring v. Peo., 2 S. C., 458; 59 N. Y., 374. See smith v. Peo., 47 N. Y., 330. § 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. SEC. 26. Jurisdiction. 27. By whom held. § 26. Jurisdiction. criminal jurisdiction: The city court of Brooklyn has 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. § 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: |