TITLE V.

OF THE MAYORS' COURTS OF THE CITIES OF ALBANY AND ROCHESTER, AND THE RECORDERS' COURTS OF THE CITIES OF BUFFALO, UTICA, AND OSWEGO.

§ 45. The mayors' courts of the cities of Albany and Rochester, and the recorders' courts of the cities of Buffalo, Utica and Oswego, may be held as courts of criminal jurisdiction within those cities respectively, by the recorder, together with the mayor and aldermen thereof, or with any two of them.

§ 46. When so organised, these courts respectively have power,

1. To inquire by the intervention of a grand jury, of all public offences committed within their respective cities:

2. To try and determine any indictment found therein or sent thereto by the court of oyer and terminer of their respective counties, for a public offence not punishable with death, committed within their cities respectively.

§ 47. When an indictment shall be found at any of these courts, for an offence punishable with death, the court shall send the indictment to the next court of oyer and terminer of the county.

§ 48. These courts may also send any indictment found therein and remaining undetermined, for an of

fence not punishable with death, to the next court of oyer and terminer of the same county, to be determined according to law: but that court, if in their opinion the same is not proper to be tried therein, may remit it back to the court by which it was sent, which must proceed thereon, as if it had remained there.

§ 49. When an indictment is found at a court of oyer and terminer, or of sessions in a county, embracing any of the cities named in this title, for an offence not punishable with death committed within such city, the court in which it was found may send it to the next mayor's or recorder's court in which it is triable, which must proceed to try and determine the indictment, as if it had been found therein.

TITLE VI.

OF THE POLICE COURTS.

50. The police courts shall have power to hear and determine the charges for public offences, arising within their respective counties, which are enumerated in subdivisions 4 to 11, both inclusive, of section 7, and no other:

1. When the party charged shall, upon his being brought before a magistrate, request to be tried by a poliee court; or,

2. When, not having made such request, and after having been required by the magistrate to give bail for his appearance at the next court of sessions in the county, [FOURTH REP.]

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he shall have omitted to do so for twenty-four hours after being so required.

§ 51. In the city and county of New-York, police courts shall be held at the several police offices, on Tuesday and Friday of each week, by two of the police justices of the city of New-York, and by no other officer. The police clerks shall be the clerks of these courts at the offices to which they are respectively assigned by the common council of the city of New-York as provided by section 8, of the act in relation to justices and police courts in the city of New-York, passed March 30, 1848.

§ 52. In the other counties, the police court shall be held by the magistrate issuing the warrant of arrest, or before whom the defendant is brought to answer the charge.

PART III.

Of the prevention of public offences:

TITLE I. Of lawful resistance.

II. Of the intervention of the officers of justice.

TITLE I.

OF LAWFUL RESISTANCE.

CHAPTER I. General provisions.

II. Resistance of the party about to be injured.
III. Resistance of other parties.

CHAPTER I.

General provisions.

§ 53. Lawful resistance to the commission of a public offence may be made,

1. By the party about to be injured:

2. By other parties.

CHAPTER II.

Resistance of the party about to be injured.

§ 54. Resistance, sufficient to prevent the offence, may be made to the party about to be injured,

1. To prevent an offence against his person:

2. To prevent an illegal attempt by force, to take or injure property in his lawful possession.

CHAPTER III.

Resistance of other parties.

§ 55. Any other person, in aid or defence of the person about to be injured, may make resistance, sufficient to prevent the offence.

TITLE II.

OF THE INTERVENTION OF THE OFFICERS OF JUSTICE.

CHAPTER I. Intervention of public officers, generally.

II. Security to keep the peace.

III. Police in cities and villages, and their attendance at exposed places.
IV. Suppression of riots.

CHAPTER I.

Intervention of pnblic officers, generally.

§ 56. Public offences may be prevented by 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 attendanc in exposed places:

3. By suppressing riots.

§ 57. Whenever the officers of justice are authorised to act in the prevention of public offences, other persons who by their command act in their aid, are justified in so doing.