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PART V.

OF PROCEEDINGS IN COURTS OF SPECIAL SESSIONS AND POLICE

COURTS.

TITLE I. OF THE PROCEEDINGS IN COURTS OF SPECIAL

SESSIONS IN THE COUNTIES OTHER THAN NEW

YORK.
II. OF THE PROCEEDINGS IN THE COURTS OF SPECIAL

SESSIONS IN THE CITY AND COUNTY OF NEW

YORK.
III. OF APPEALS FROM THE COURTS OF SPECIAL SES-

SIONS.

TITLE I.

Of Proceedings in Courts of Special Sessions in the

Counties other than New York. SEC. 699. Charge to be read to defendant, and he required to

plead. 700. The plea, and how put in. 701. Issue, how tried. 702. Defendant may demand a trial by jury. 703. Jury, how summoned. 704. Summoning the jury, and returning the list. 705. Depositing ballots in box. 706. Drawing the jury. 707. Challenges. 708. Talesmen, when and how ordered and summoned. 709. Punishing officer for not returning list, and issuing

new order for jury. 710. Jury, how constituted. 711. Their oath. 712. Trial, how conducted. 713. Jury may decide in court, or retire. Oath of officer

on their retirement. 714. Delivering verdict, and entry thereof. 715. Discharge of jury without verdict. 716. In such case, cause to be re-tried. 717. Judgment on conviction. 718. Judgment of imprisonment, until fine be paid. Ex

tent of imprisonment. 719. Defendant, on acquittal, to be discharged. Order

that prosecutor pay the costs. 720. Judgment against prosecutor for costs. 721 – 7:22. Certificate of conviction. Its form. 723. Certificate, when filed. 724. Certificate, conclusive evidence.

SEC. 725. Judgment, by whom executed.
726. Fine, by whom received before commitment, and how

applied.
727. Fine to whom paid after commitment, and how

applied.
728. Proceedings against magistrate or sheriff, on neglect

to pay fine into conuty treasury.
729. Subpænas for witnesses, and punishing them for

disobedience.
730. Punishing jurors for non-attendance.
731. No fees to jurors or witnesses.
732. When defendant requests a trial by police court,

preliminary examination dispensed with.
733. During time allowed for bail, and until judgment,

defendant to be continued in custody of officer, or

committed to jail.
734. Form of commitment.
735. By whom executed.
736. Defendant may be admitted to bail.
737. Bail, how and by whom taken.
738. Form of the undertaking.
739. Undertaking, when forfeited and action thereon.

740. Forfeiture, how and by whom remitted.
§ 699. Charge to be read to defendant, and he re-
quired to plead.- In the cases in which the courts of
special sessions or police courts have jurisdiction, when
the defendant is brought before the magistrate, the
charge against him must be distinctly read to him,
and he must be required to plead thereto.

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$ 700. The plea, and how put in.- The defendant may plead the same pleas as upon an indictment, as provided in section 332. His plea must be oral, and entered upon the minutes of the court.

$ 701. Issue, how tried.— Upon a plea other than a plea of guilty, if the defendant do not demand a trial by jury, the court must proceed to try the issue.

Infant may waive jury trial. Peo. ex rel. Sammons v. Wandell, 21 Hun, 515.

$ 702. Defendant may demand a trial by jury.Before the court hears any testimony upon the trial, the defendant may demand a trial by jury.

Peo. v. James, 16 Hun, 426. § 703. Jury ; how summoned.-If a trial by jury be demanded the court shall issue an order directed to any

constable of the county or marshal of the city where the offense is to be tried and having authority to execute process from the court, commanding him to summon twelve good and lawful men, qualified to serve as jurors, and not exempt from such service by law, and who shall be in no wise of kin, either to the complainant or the defendant, to appear before such court, at a time not more than three days from the date of the order, and at a place to be named therein, to make a jury for the trial of such offense.

§ 704. Summoning the jury, and returning the list.The officer to whom such order shall be delivered shall execute the same fairly and impartially, and shall not summon any person whom he shall suspect to be biased or prejudiced for or against the defendant. He shall summon the jurors personally, and shall make a list of the persons summoned, which he shall certify and annex to the order and return with it to the court.

$ 705. Depositing ballots in box. The names of the persons returned as jurors must be written on separate ballots, folded as nearly alike as possible, so that the name cannot be seen, and must, under the direction of the court, be deposited in a box, or other convenient thing.

$ 706. Drawing the jury.- The court must then draw out six of the ballots, successively; and if any of the persons whose names are drawn do not appear, or are challenged and set aside, such further number must be drawn as will make a jury of six, after all legal challenges have been allowed.

See Peo. ex. rel. Eckler v. Clark, 23 Hun, 374; Peo. ex. rel. Murray v. Justices, etc., 74 N.Y., 406; Peo. ex rel. Met. Bd.,etc., v. Lane, 6 Abb. N. s., 105; Duffy v. Peo., 6 Hill, 75; Devine v. Peo., 20 Hun, 98; Peo. v. Dutcher, ib., 241.

$ 707. Challenges.- The same challenges may be taken by either party, to the panel of jurors, or to an individual juror, as on the trial of an indictment for a misdemeanor, so far as applicable; and the challenge must, in all cases, be tried by the court.

$ 708. Talesmen, when and how ordered and summoned.- If six of the jurors summoned do not attend, or be not obtained, the court may direct the officer to summon any of the bystanders, or others, who may be competent, and against whom there is no sufficient cause of challenge, to act as jurors.

$ 709. Punishing officer for not returning list; issuing new order for jury.-If the officer to whom the order is delivered do not return it, as required by section 704, he may be punished by the court, as for contempt; and the court must issue a new order for the summoning of jurors, in substantially the same form; upon which the same proceedings must be had as upon the one first issued.

§ 710. Jury, how constituted. — When six jurors appear and are accepted, they constitute the jury.

§ 711. Their oath.— The court must thereupon administer to the jury the following oath or affirmation : “You do “swear,” (or “you do solemnly affirm,” as the case may be,] “ that you will well and truly try this issue, between the people of the state of New York and A. B., the defendant, and a true verdict give, according to the evidence.”.

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§ 712. Trial, how conducted. — After the jury are sworn, they must sit together and hear the proofs and allegations of the parties, which must be delivered in public, and in the presence of the defendant,

$ 713. Jury may decide in court, or retire. Oath of officer. – After hearing the proofs and allegations, the jury may either decide in court or may retire for consideration. If they do not immediately agree, an officer must be sworn to the following effect : “ You do swear, that you will keep this jury together in some private and convenient place, without food or drink, except bread and water, unless otherwise ordered by the court; that you will not permit any person to speak to or communicate with them, nor do so yourself, unless it be to ask them whether they have agreed upon a verdict; and that you will return them into court when they have so agreed, or when ordered by the court.”

$ 714. Delivering verdict, and entry thereof.-When the jury have agreed on their verdict, they must deliver it publicly to the court, which must enter it in its minutes.

§ 716. Discharge of jury without verdict.—The jury cannot be discharged, after the cause is submitted to them, until they have agreed upon and rendered their verdict unless, for some cause within the meaning of sections 428 and 429, the court sooner discharge them.

§ 716. When cause to be retried. — If the jury be discharged, as provided in the last section, the court may proceed again to the trial, in the same manner as upon the first trial ; and so on, until a verdict is rendered.

§ 717. Judgment on conviction.—When the defendant pleads guilty, or is convicted either by the court or by a jury, the court must render judgment thereon, of fine or imprisonment, or both, as the case may require ; but the fine cannot exceed fifty dollars, nor the imprisonment six months.

2 N. Y. Cr., 313; ib., 438.

§ 718. Judgment of imprisonment, until fine be paid. Extent of imprisonment.-A judgment that the defendant pay a fine may also direct that he be imprisoned until the fine be satisfied : specifying the extent of the imprisonment, which cannot exceed one day for every one dollar of the fine.

$ 719. Defendant, on acquittal, to be discharged. Order that prosecutor pay the costs.— When the defend

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