Imágenes de páginas
PDF
EPUB

of the county, by order, designates, and at the place where the county courts are held for the trial of issues of fact by a jury. Such order must designate the terms at which a grand or petit jury, or both, or neither, is required to attend; and neither a grand jury nor a petit jury is required to be drawn, or summoned to attend a term thus designated to be held without a jury. The order must be published in a newspaper printed in the county, for four successive weeks previous to the time of holding the first term under such order.

Courts can only be held pursuant to appointment. Peo. v. Moneghan, 1 Park., 570. What is sufficient appointment. Peo. v. Wilcox, 23 How. Pr., 297.

§ 46. Jurors, when to be drawn. If a county judge fail to designate the term at which a grand or petit jury is required to attend, the grand and petit jurors must be drawn and summoned for each term mentioned in the order mentioned in the last section.

§ 47. Clerk.-Except in the city and county of New York, and the county of Kings, the clerk of the county is the clerk of the court of sessions thereof.

§ 48. Writ or process. Every writ or process issued out of a court of sessions may be tested on any day of the term in which the court is sitting, and be made returnable on any other day of the same term, or at the next term.

§ 49. Compensation of justice. A justice of sessions is entitled to receive three dollars for each day's attendance at a court of sessions or court of oyer and terminer, and to five cents a mile for traveling expenses in coming to and returning from the court.

CHAPTER III.

THE COURT OF GENERAL SESSIONS IN THE CITY AND COUNTY

OF NEW YORK AND THE COURT OF SESSIONS IN THE COUNTY
OF KINGS.

SEC. 50. These courts continued; proceedings now pending. 51. Jurisdiction.

52. Division of court.

53. Parts, by whom held.

54. When held and its duration.

55. Accommodation for court and officers.

§ 50. These courts continued; proceedings now pending. The courts known as the court of general sessions in and for the city and county of New York, and the court of sessions in and for the county of Kings are continued, with the jurisdiction conferred by the next two sections and no other. But nothing contained in this section affects their jurisdiction of actions and proceedings now pending therein.

Removal of indictment. Thompson v Peo., 6 Hun, 135; Dolan v. Peo., ib., 493; s c., 64 N. Y., 485; Leighton v Peo., 88 N. Y., 117. § 51. Jurisdiction. The court of general sessions of the city and county of New York and the court of sessions of the county of Kings have jurisdiction:

1. To try, determine and punish according to law, all crimes cognizable within their respective counties, including crimes, punishable with death or imprisonment in the state prison for life.

2. To exercise, in cases arising in their respective counties the same powers as are conferred by this code upon courts of sessions in other counties.

3. To try and determine any indictment found in the court of oyer and terminer of the county, which has been sent by order of that court to and received by the court of sessions therein; and,

4. To exercise such powers as are now prescribed by special statute relating thereto.

§ 52. Division of court.-The court of general sessions of the city and county of New York is divided into three parts.

§ 53. Parts, by whom held.-Any one of the three parts of the court of general sessions of the city and county of New York may be held by the recorder of the city of New York, or the city judge, or the judge of the court of general sessions. A judge of the court of common pleas for the city and county of New York may also hold it. The court of sessions of the county of Kings

must be held by the county judge of the county of Kings, with two justices of the sessions, designated according to

statute.

§ 54. When held and duration. Each part of the court of general sessions in and for the city and county of New York, may be held each month, commencing on the first Monday and continuing so long as, in the opinion of the judge sitting and of the district attorney, the public interest requires, but one part only is required to be held during the months of July and August, and two parts only during the rest of the year.

§ 55. Accommodation for court and officers. Appointment of clerks, etc.-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.

III. The special sessions of the city of Aibany.

IV. The police courts.

CHAPTER I.

THE SPECIAL SESSIONS EXCEPT IN THE CITIES OF NEW YORK AND ALBANY.

SEC. 56. Jurisdiction of courts.

57. Exclusive jurisdiction.

58. Limitation.

53. Trial and punishment of certain crimes.
60. Special sessions in Brooklyn.

61. I.; in Oswego.

62 By whom held.

63. Recorder of a city to hold conrt.

§ 56. Jurisdiction of courts.-Subject to the power of 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 labeled as required by law.

6. Wrongfully and maliciously removing, defacing or cutting down monuments or marked trees.

7. Wrongfully destroying or removing mile stones, mile boards 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 a 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 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 private stamp, wrapper or label of any mechanic or manufacturer.

[ocr errors]

18. Malicious trespass on lands, trees, or timber, or injuring any fruit or ornamental or shade tree.

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 a carriage upon any turnpike, road or highway for the purpose of running horses.

« AnteriorContinuar »