county judge of the county of Albany must act in his place. If the recorder and county judge are both unable, by reason of absence or other cause, to hold the court, the clerk must adjourn the court to the next following Tuesday, and continue such adjournments until the recorder or county judge attends. Not more than two officers shall be designated or appointed by the sheriff or other authority to attend the court of special sessions of the city of Albany, unless the court shall, by an order entered in its minutes, require the attendance of a greater number. § 72. Clerk. The county clerk of Albany county is clerk of the court of special sessions of the city of Albany, and must attend the same in person or by deputy. § 73. Court, when and where held.-The court of special sessions of the city of Albany must be held at the city hall in the city of Albany, on Tuesday of each week, and may be held and continued for such length of time as it deems proper. SEC. 74. Jurisdiction. CHAPTER IV. THE POLICE COURTS. 75. Election of justices. 76. Justice to take and file oath of office, etc. 78. Compensation of justice. § 74. Jurisdiction.-Police justices have such jurisdiction, and such only, as is specially conferred upon them by statute. The courts held by police justices are called police courts, and courts of special sessions are also called police courts, and are so designated in different parts of the Code. § 75. Election of justices. Upon the application in writing of not less than twenty-five electors, inhabitants of any incorporated village in this state in which no provision now exists for the election of a police justice, the board of trustees of such village may determine, by resolution to be entered in their minutes of proceedings, that a police justice should be elected for such village; and if they so determine, the electors of the village may at their next annual election, or at a special election to be called for the purpose, and to be conducted in the same manner as the annual election, choose a police justice who must be a resident elector of the village; and thereafter a police justice must be elected in such village, at the annual charter election next preceding the expiration of a regular term, or at the next annual election after a vacancy, on the same ticket with the other elective village officers. Any vacancy must be filled by appointment by the board of trustees of the village. 76. Justice to take oath, etc.- A police justice elected or appointed as prescribed in the last section must, before entering upon the duties of his office, and within fifteen days after receiving notice from the village clerk of his election or appointment, take before the clerk, the constitutional oath of office, and file the same with the clerk, together with a bond with such sureties and in such amount as shall be approved by the board of trustees of the village, conditioned for the faithful performance of his official duties. § 77. Justice, how to hold office. A police justice elected or appointed as prescribed in section 75, holds his office as follows: 1. If elected at the first election held after the creation of the office, he must enter upon the duties of his office immediately after qualifying, as prescribed in the last section, and may hold his office until and including the thirty-first day of December, in the third year succeeding his election. 2. If elected at any subsequent election, except as prescribed in the next subdivision, he must enter upon the duties of his office on the first day of January succeeding his election and may hold his office for three years. 3. If elected to fill a vacancy, he must enter upon the duties of his office immediately after qualifying, as prescribed in the last section and may hold his office for the unexpired term. 4. If appointed, he must enter upon the duties of his office immediately after qualifying as prescribed in the last section, and may hold his office until his successor is elected and qualifies. § 78. Compensation of justice.-A police justice cannot retain to his own use any costs or fees, but may receive for his services an annual salary, to be fixed in villages by the board of trustees, and in cities by the common council, except where the same is otherwise fixed by law; and such salary shall not be increased or decreased during his term of office. PART II. OF THE PREVENTION OF CRIME. TITLE I. OF LAWFUL RESISTANCE. II. OF THE INTERVENTION OF THE OFFICERS OF JUS TITLE I. Of Lawful Resistance. CHAPTER I. General provisions respecting lawful resistance. CHAPTER I. GENERAL PROVISIONS RESPECTING LAWFUL RESISTANCE. SEC. 79. Lawful resistance; by whom made. $79. Lawful resistance. — Lawful resistance to the commission of a crime may be made: 1. By the party about to be injured; 2. By other parties. CHAPTER II. RESISTANCE BY THE PARTY ABOUT TO BE INJURED. SEC. 80. In what cases; to what extent. § 80. In what cases.-Resistance sufficient to prevent the crime may be made by the party about to be injured: 1. To prevent a crime against his person; 2. To prevent an illegal attempt by force to take or injure property in his lawful possession. Sub. 1. A person attacked if justified in reasonably apprehending great bodily harm and the danger imminent may kill his assailant. Shorter v. Peo., 2 N. Y, 193; Patterson v. Peo., 46 Bar., 625; see Peo. v. Lamb, 54 Bar., 342; Peo. v. Austin, 1 Park., 154; Peo. v. Cole, 4 Park., 35; Promer v. Peo., Ib., 558; Uhl v. Peo., 5 ib., 410. Party assailed must avoid attack if possible to justify resistance. Peo. v Sullivan, 7 N. Y., 396; Peo. v. Cole, sup.; Peo. v. Harper, Edm. S. C., 180; Shorter v. Peo., sup. Re sistance to prevent consummation of a felony. See Ruloff v. Peo., 45 N. Y., 213; Peo. v. Hand, 4 Alb. L. J., 91 Need not first invoke protection against anticipated assault. Evers v. Peo., 3 Hun, 716; 63 N. Y., 625. Sub. 2. Defense of possession of real property. Corcy v. Peo., 45 Barb., 262; Wood v. Phil lips, 43 N. Y., 152; Peo. v. Gulick, Lalor, 229; Harrington v. Peo., 6 Barb., 607. Defense of personal property. Gyre v. Cul ver, 47 Barb., 592. CHAPTER III. RESISTANCE BY OTHER PARTIES. SEC. 81. In what cases. § 81. In what cases. Any other person, in aid or defense of the person about to be injured, may make resistance sufficient to prevent the injury. TITLE II. Of the Intervention of the Officers of Justice. CHAPTER I. Intervention of public officers in general. III. Police in cities and villages, and their attendance IV. Prevention and suppression of riots. CHAPTER I. INTERVENTION OF PUBLIC OFFICERS IN GENERAL. SEC. 82. In what cases. 83. Persons acting in their aid, justified. may be prevented by § 82. In what cases. - Crimes the intervention of the officers of justice, 1. By requiring security to keep the peace; 2. By forming a police in cities and villages, and by requiring their attendance in exposed places; 3. By suppressing riots. § 83. Persons in aid, justified.—When the officers of justice are authorized to act in the prevention of crime, other persons, who by their command act in their aid, are justified in so doing. CHAPTER II. SECURITY TO KEEP THE PEACE. SEC. 84. Information of threatened crime. 85. Examination of complainant and witnesses. 87. Proceedings, on complaint being controverted. 91. Person committed for not giving security, how dis- 92. Undertaking, to be transmitted to sessions. 93. Security, when required, for assault, etc., in presence 91. Appearance of party bound, upon his undertaking. 96. Proceedings in sessions, on appearance of both parties. 98. Undertaking, when and how to be prosecuted. 99. Secur ty for the peace not required except according to this chapter. § 84. Information of threatened crime.—An information may be laid before any magistrate that a person has threatened to commit a crime against the person or property of another. $85. Examination. -When the information is laid before a magistrate, he must examine on oath the complainant and any witnesses he may produce, and must reduce their examinations to writing, and cause them to be subscribed by the parties making them. § 86. Warrant. If it appear from such examinations that there is just reason to fear the commission of the crime threatened, by the person complained of, the magistrate must issue a warrant, directed generally to the sheriff of the county, or any constable, marshal or policeman of the city or town, reciting the substance of the information, and commanding the officer forthwith to arrest the person complained of, and bring him before the magistrate. §87. Trial. -When the person complained of is brought before the magistrate, if the charge be contro |