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OF JUDICIAL PROCEEDINGS FOR THE REMOVAL OF PUBLIO
OFFICERS, BY IMPEACHMENT, OR OTHERWISE.
TITLE I. OF IMPEACHMENTS.
POLICE JUSTICES, AND JUSTICES OF JUSTICES'
119. Copy ot' impeachment served on defendant.
quitted. 130. Presiding officer, when president of the senate is im.
peached. 131. Impeachment, not a bar to indictment. § 118. Articles of impeachment. — When an officer of the state is impeached by the assembly, the articles of impeachment must be delivered to the president of the senate.
§ 119. Copy to be served on defendant.— The president of the senate
must thereupon cause a copy of the articles of impeachment, with a notice to appear and answer the same, at the time and place appointed for the meeting of the court, to be served on the defendant, not less than twenty days before the day fixed for the meeting of the court.
$ 120. Service. The service must be upon the defendant personally, or if he cannot, upon diligent inquiry, be found in the state, the court, upon proof of that fact, may order publication to be made in such manner as it deems proper, of a notice requiring him to appear at a specified time and place, and answer the articles of impeachment.
§ 121. Proceedings on default.- If the defendant do not appear, the court, upon proof of service or publication as provided in the last two sections, may of its own motion, or for cause shown, assign another day or place for hearing the impeachment; or may then, or at any other time which it may appoint, proceed in the absence of the defendant, to trial and judgment.
§ 122. Defendant's answer. When the defendant appears, he must answer the articles of impeachment; which he may do, either by objecting to their sufficiency, or that of any article therein, or by denying the truth of the same.
$ 123. Form.-If the defendant object to the sufficiency of the impeachment, the objection must be in writing, but need not be in any specific form; it being sufficient, if it present intelligibly the grounds of the objection. If he deny the truth of the impeachment, the denial may be oral, and without oath, and must be entered upon the minutes.
$ 124. Proceedings thereon.- If an objection to the sufficiency of the impeachment be not sustained by a majority of the members of the court who heard the argument, the defendant must for thwith answer the articles of impeachment. If he plead guilty, or refuse to plead, the court must render judgment of conviction against him. If he deny the matters charged the court must, at such time as it may appoint, proceed to try the impeachment, and may adjourn the trial from time to time until concluded.
$ 125. Two-thirds necessary to conviction.— The defendant cannot be convicted on an impeachment, without the concurrence of two-thirds of the members present during the trial; and if such two-thirds do not concur in a conviction, the defendant must be declared acquitted.
Art. 6, § 1, N. Y Const.
§ 126. Judgment how pronounced. After conviction, the court must immediately, or at such other time as it may appoint, pronounce judgment, in the form of a resolution, entered upon the minutes of the court. The vote upon the passage thereof must be taken by yeas and nays, and must also be entered upon the minutes.
§ 127. Resolution.- On the adoption of the resolution, by a majority of the members present, who voted on the question of acquittal or conviction, it becomes the judgment of the court.
$ 128. Judgment. Upon conviction, the judgment must be either
1. That the defendant be removed from office; or
2. That he be removed from office and disqualified to hold and enjoy a particular office or class of offices, or any office of profit, trust or honor whatever under this state.
$ 129. Impeachment disqualifies.- No officer shall exercise his office, after articles of impeachment against him shall have been delivered to the senate, until he is acquitted.
Art. 6, § 1, N. Y. Const.
( 130. Presiding officer, when president of the senate is impeached. If the president of the senate be impeached, notice of the impeachment must be immediately given to the senate by the assembly, that another president may
$ 131. Impeachment no bar to indictment. — If the offense for which the defendant is impeached be a crime, the prosecution thereof is not barred by the impeachment.
Art. 6, § 1, N. Y. Const.
Of the Removal of Justices of the Peace, Police Justices,
and Justices of Justices' Courts, and their Clerks. $ 132. Removals. Justices of the peace, police justices, justices of justices' courts, and their clerks, are removable by the supreme court at a general term.
Art. 6, § 18, N. Y. Const.
OF THE PROCEEDINGS IN CRIMINAL ACTIONS PROSECUTED BY
THEREON TO THE COMMITMENT INCLUSIVE.
MENT OF CRIME.
Of the Local Jurisdiction of Public Offenses. SEC. 133. When a person leaves this state to elude its laws. 134. When a crime is committed partly in one county and
partly in another. 135. When a crime is committed on the boundary of two
or more counties, or within five hundred yards
thereof. 136. Jurisdiction of crime on board of vessel. 137. Of crime committed in the state on board of any rail.
way train, etc. 138. Indictment for libel. 139. Conviction or acquittal in another state, a bar, where
the jurisdiction is concurrent. 140. Conviction or acquittal in another county, a bar, where
the jurisdiction is concurrent. $ 133. When a person leaves this state to elude its laws. — A person who leaves this state, with intent to