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ant is acquitted, either by the court or by a jury, he must be immediately discharged; and if the court certify, upon its minutes, or the jury find that the prosecution was malicious or without probable cause, the court must order the prosecutor to pay the costs of the proceedings, or to give satisfactory security, by a written undertaking, with one or more sureties, to pay the same to the county within thirty days after the trial.

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Ć § 720. Judgment against prosecutor for costs.-If the

prosecutor do not pay the costs or give security therefor,
the court may enter judgment against him for the amount
thereof, which may be enforced, in all respects, in the
same manner as a judgment rendered by a justice's court
held by a justice of the peace.
See Germond v. Peo., 1 Hill, 343; Peo. v. Norton, 2 N. Y. Cr.,



§ 721. Certificate of conviction. Its form. - When a conviction is had, upon a plea os guilty or upon a trial, the court must make and sign a certificate in substantially the following form : “Court of Special Sessions, or Police Court,

County of Albany. Town of Berne, (or as the case
may be).
The People of the state of New York

A. B.

January 1, 18
“ The above-named A. B., having been brought before
C. D., justice of special sessions, justice of the peace
(or other magistrate, as the case may be) or police
justice, of the town (or city or village) of (as the
case may be) charged with [briefly designating the
offense), and having thereupon pleaded guilty or not
guilty, [as the case may be,) and demanded [or
« failed to demand,” as the case may be,) a jury, and


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having been thereupon duly tried, and upon such trial, duly convicted.

It is adjudged that he be imprisoned in the jail of this county

days (or “pay a fine of dollars and be imprisoned until it be paid, not exceeding days," or both as the case may be.]

“ Dated at the town (or “city ") of the day of 18

C. D., Justice of the peace or police justice or other magistrate [as the case may be)

, of the town (or “city "] of, the

[as the case


may be.]

Peo. v. Sadler, 97 N. Y., 146. 8 722. Id. — If the defendant have pleaded guilty, instead of the second paragraph, the certificate must state substantially as follows: “ And the above-named A. B. having been thereupon duly convicted, upon a plea of guilty.”

$ 723. Certificate, when filed. — Within twenty days after the conviction, the court must cause the certificate to be filed in the office of the clerk of the county.

$ 724. Certificate conclusive evidence, - The certificate, made and filed as prescribed in the last two sections, or a certified copy thereof, is conclusive evidence of the facts stated therein.

Form. Ex parte, Morris, 2 Ed. S. C., 381

§ 725. Judgment, by whom executed. — The judgment must be executed by the sheriff of the county, or by a coustalile, marshal or policeman of the city, village or town in which the conviction is hai, upon receiving a copy of the certificate prescribed in section 721, certified by the court or the county clerk.

§ 726. Fine, by whom received before commitment and how applied.-1f a fine imposed be paid before commitment, it must be received by the court, and within thirty days after its receipt paid by such court into the county treasury. [Am'd ch. 392 of 1884.]

§ 727. Id. ; after commitment. — If the defendant be committed for not paying a fine, he may pay it to the sheriff of the county, but to no other person ; who must in like manner, within thirty days after the receipt thereof, pay it into the county treasury.

§ 728. Proceedings against magistrate or sheriff on neglect to pay fine into the county treasury.-If the court or sheriff receiving the fine, fail to pay it into the county treasury, the county treasurer must immediately commence an action therefor against the sheriff or the magistrates comprising the court, in the name of the county. [Am'd ch. 392 of 1884.]

§ 729. Subpoenas and punishing their disobedience.The court may issue subpænas for witnesses, as provided in section 608, and punish disobedience thereof, as provided in section 619.

§ 730. Punishing jurors for non-attendance. — If a person summoned as a juror fail to appear, he may be punished by a fine not exceeding five dollars imposed by the court, by an order entered in his minutes. The order is deemed a judgment, in all respects, in favor of the poor of the town or city.

§ 731. No fees to jurors or witnesses. — No fees are payable to a juror or witness, for his service or attendance in a court of special sessions.

§ 732. When defendant requests a trial by police court, preliminary examination dispensed with.— When the defendant, upon being brought before the magistrate, requests a trial by a court of special sessions, the preliminary examination of the case is dispensed with.

§ 733. During time allowed for bail, and until judgment, defendant to be continned in custody of officer or committed to jail. - During the time allowed to the defendant to give bail, and until judgment is given, he may be continued in the custody of the officer, or committed to the jail of the county to answer the charge, as the magistrate may direct.

$ 734. Form of commitment. The commitment must be signed by the magistrate, by his name of office, and must be in substantially the following form :

“ The sheriff of the county of is required to receive and detain A. B., who stands charged before me for [designating the offense, generally), to answer the charge before a court of special sessions in the town [cr city] of

fas the case may be). “Dated at the town (or city] of

the day of 18

C. D., justice of the peace of the town

(or city) of ," (as the case may be).

§ 735. By whom executed.—When committed, the defendant must be delivered to the custody of the proper officer, by any peace officer in the county to whom the magistrate may deliver the commitment.

§ 736. Defendant may be admitted to bail.–Either before or after his committal, or upon being committed, the defendant must, if he require it, be admitted to bail.

§ 737. Bail, how and by whom taken.—The bail must be taken by the magistrate, by a written undertaking, executed by the defendant, with one or more sufficient sureties approved by the magistrate, in a sum not exceeding two hundred dollars.

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§ 738. Form of the undertaking.–The undertaking must be in substantially the following form:

“A. B., having been duly charged before C. D., a justice of the peace in the town (or city] of case may be], with the offense of [designating the offense generally).

“We undertake jointly and severally, that he shall appear thereon from time to time, until judgment, at a court of special sessions in the town or village (or city] of [as the case may be] competent to try the case,

or that we will pay to the county of [naming the county in which the court is held), the sum of dollars,” [inserting the sum fixed by the magistrate.]

“Dated at the town (or city] of (as the case may be].

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§ 739. Undertaking, when forfeited, and action thereon.-If the defendant fail to appear according to the undertaking, the court, unless a sufficient excuse be shown, must declare the undertaking of bail forfeited, and the county treasurer must immediately commence an action for the recovery of the sum mentioned therein, in the name of the county.

$ 740. Forfeiture, how and by whom remitted.The county court of the county, or in the city of New York, the court of common pleas of that city, may remit the forfeiture or any part thereof, in the cases and in the manner provided in the Code of Civil Procedure.

Code Civ. Proc., $$ 350-353, 286, 294.

TITLE II. Of the Proceedings in the Court of Special Sessions in

the City and County of New York. Sec. 741. Police courts in New York, to proceed as prescribed

in last title, except as provided in next seven sec

tions. 712. In what cases to proceed to trial. 743. If jury demanded, magistrate to proceed to examin.

åtion of charge. 711. Trial to be before the court, without a jury. 745. Clerk to issue subpænas, sign certificate of judgment,

and enter proceedings of court and sentences upon

716. Fines before committal, to be paid to clerk.

His ac-
counts, when and to whom rendered.
747. All other fines to be paid to sheriff. IIis account

thereof, when and to whom rendered. 748. No transcript of conviction to b2 filed.

Certified copy of minutes, conclusive evidence. $ 741. Police courts in New York.—The court of special sessions, in the city and county of New York,

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