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adjourn. ment.

court, for the dispatch of any business or the determination CHAP, VIL of any cases that may be pending before such court.

$ 2. The court of sessions of any county in this state shall Power of hereafter have, and may, in their discretion, exercise all the powers in regard to adjournments thereof from time to time, which are now by law conferred upon or exercised by the court of oyer and terminer of such county, in relation to adjournments of said last named courts.

27 N. Y., 337; 31 How. P. R., 142; 26 How. P. R., 203.

CHAP, 96.
AN ACT to authorize courts of sessions to transfer certain

cases to the oyer and terminer, and to supply the place
of disqualified members of such court.

Passen March 27, 1861; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

$ 1. In any cause or proceeding that is or shall be pending In caso in any court of session of this state, except in the city and judge county of New York, in which the county judge shall, for Cannot slt. any cause, be incapable of acting, the court of session's shall by rule transfer the same to the court of oyer and terminer, which shall have the same jurisdiction that courts of sessions have in such cases.

$ 2. In any such cause or proceeding in which either of sb. of the justices of the sessions shall, for any cause, be disquali, the peace. fied to act, the county judge shall designate some other justice of the peace of the county, who shall compose a member of the court during the bearing, trial or determination of such cause or proceeding.

CHAPTER VII.

Pardons.

CHAP, 310.
AN ACT in relation to pardons.

Passed April 18, 1849. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$ 1. Whenever an application shall be made to the gov- Governor ernor for a pardon, he may require the district attorney of Wistrict the county in which the conviction of the person for whom attorneys

PART IV. for statements.

Notice when served on district attorney.

the pardon is asked was had, and it shall be the duty of such district attorney to furnish the governor immediately on such requisition being made, with a concise statement of the case as proved on the trial, together with any other facts or circumstances which might have a bearing on the question of granting or refusing a pardon.

S 2. Before any application for a pardon shall be presented to the governor, written notice thereof shall be served upon the district attorney of the county in which the conviction shall have been had, and proof of the due service of such potice shall be presented to the governor before any such application for a pardon shall be acted on.

S 3. Notice of such application, unless, in the opinion of the governor, justice requires that it shall be dispensed with, shall be published for four weeks in the state paper, and also in a county paper, printed in or nearest the town in which the conviction was had; and in cases of crimes committed in the city of New York, in a paper to be designated by the governor, having respect to the largest circulation.

Notice when to be published.

CHAPTER VIII.

Criminal Statistics.

Statements

CHAP, 259. AN ACT respecting convictions in criminal courts, and to procure statistical information concerning convicts.

Passed April 26, 1839. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$ 1. Every statement of the offence of which any person is tions, how convicted, required to be entered in the minutes of the clerk to describe of the court where such conviction may be had, pursuant to offence.

the provisions of section seven of the first title, second chapter and fourth part of the Revised Statutes, shall contain such a description of the offence committed, abridged from the indictment, as would be sufficient to maintain the averments relating to such offence, necessary to be made in an indictment against the same person for a second offence; and if any defective transcript of any criminal conviction shall be

transmitted to the secretary of state, it shall be his duty to Penalty for require a correct transcript from such clerk; and in case of Disbing.

his refusal or neglect to furnish the same within a reasonable time after being so required, he shall be liable to the penalty prescribed in the seventh section of the said title and chapter

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CHAP. VIII.
Penalty on

attorney.

$ 2. Every district attorney who shall neglect or refuse to

for prepare

any clerk of a criminal court a statement of the district offence of which any person shall be convicted, within a reasonable time after being required by such clerk pursuant to the sixth section of the said title and chapter, shall forfeit fifty dollars to the use of the people of this state for each statement so neglected to be furnished ; and every such neglect shall be immediately reported by such clerk to the secretary of state.

S 3. Within ten days after the adjournment of any criminal other stato court of record, the clerk thereof shall transmit to the secre- clerks of tary of state, by mail, a duly certified statement of the num- courin. ber of indictments tried at such court, specifying the number for each separate offence, the number on which convictions were had, and the number on which the defendant was acquitted, and also the number of indictments against persons who were discharged without trial, specifying the number for each separate offence; and for every neglect to comply with Penalty for this provision such clerk shall forfeit fifty dollars to the use

neglect. of the people of this state.

$ 4. Within ten days after the adjournment of any criminal Reports by court of record, the sheriff of the county in which such court shall be held, shall report by mail to the secretary of state the pame, occupation, age, sex and native country of every person convicted at such court of any offence, the degree of instruction which each person so convicted has received, and all such other items of information in relation to such convicts and their offences as the secretary of state shall require; which reports shall be made in such form as the said secretary shall prescribe. And to enable such sheriffs to make the said returns, they shall be authorized by themselves and their deputies to make all necessary inquiries of the persons convicted before or after trial, and of the keepers of jails, penitentiaries, or other places where such convicts may be confined, and of all other persons. For their services in the premises, such sheriffs shall be allowed a reasonable sum by the board of supervisors of their respective counties as a county charge; and for any neglect by any sheriff to comply Penalty for with the provisions of this section, he shall forfeit the sum of fifty dollars to the use of the people of this state.

$ 5. Similar reports shall be made by the sheriff of the city Sheriffs and county of New York, respecting persons convicted at countries to any court of special sessions held in the said city; and by make other the sheriff of the city and county of Albany, respecting persons convicted at the mayor's court of the said city, and at any special sessions held in the said city; and by the sheriff of the county of Columbia, respecting persons convicted at any court of special sessions held in the city of Hudson; and by the sheriff of the county of Schenectady, respecting persons convicted at any special sessions held in the city of Schenec.

neglect.

reports.

PART IV.

Justices to

tady; and by the sheriff of the county of Rensselaer, respecting persons convicted at any special sessions held in the city of Troy; and by the sheriff of the county of Oneida, respecting persons convicted at any court of special sessions held in the city of Utica; and by the sheriff of the county of Monroe, respecting persons convicted at the mayor's court or any criminal court held in the city of Rochester; and by the sheriff of the county of Kings, respecting persons convicted at any criminal court held in the city of Brooklyn; and by the sheriff of the county of Erie, respecting persons convicted at any

criminal court held in the city of Buffalo, within thirty days Penalty for after the adjournment of the said courts respectively; and neglect.

for any neglect to comply with the provisions of this section, such sheriff shall forfeit fifty dollars to the use of the people of this state.

S 6. Any justice or other judicial officer before whom any give infor person shall have been convicted of a criminal offence, other

than in courts of record, shall, on being required by the sheriffs of their respective counties, furnish to them all the information they can obtaiu to enable such sheriffs to comply with the last preceding section of this act, and shall make such inquiries of the persons convicted before them and of others, as the said secretary shall direct; and for any neglect to comply with the provisions of this section, every officer so offending shall forfeit fifty dollars to the use of the people

of this state. Convictions $ 7. Whenever the clerk of any county shall transmit to the sessions to secretary of state any transcripts of convictions had in courts

of record, he shall also transmit to the said secretary copies of all certificates of convictions made by any court of special sessions and required by law to be filed with such clerk, which have been so filed with him after the passage of this act and since the previous transmission of any transcripts by hiń; and for any neglect to comply with the provisions of this section every such clerk shall forfeit fifty dollars to the use of the people of this state.

$ 8. The clerk of the court of general sessions of the peaco

in the city and county of New York, shall, within three days New York after the first day of each month, transmit by mail to the

secretary of state a transcript of the entry of every conviction had during the preceding month in the special sessions of the said city and county, which transcripts shall contain the name of the offender, a description of the offence in such form as the said secretary shall prescribe, and the sentence upon each conviction, the first of which returns shall be made within the first three days of the month succeeding the time when

such clerk shall receive notice from the said secretary to that Penalty for effect and the form so to be prescribed; and for any neglect neglect.

to comply with the provisions of this section, every such clerk shall forfeit fifty dollars to the use of the people of this state.

be returned.

Clerk of criminal court in

QUAP. VIIL

$ 9. The secretary of state sball cause this act to be pub

Secretary lished, together with forms and instructions for its execution of stato

his daty. and shall cause the same to be distributed among the officers herein mentioned; the expense of which shall be paid by the treasurer on the warrant of the comptroller; and the secretary shall annually report to the legislature the results of the information obtained in pursuance of this act.

CHAP. 274,
AN ACT to provide for the payment of certain expenses

of government.

PASSED May 26, 1841. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$ 23. The clerks of counties and of criminal courts, and allowance sheriffs of counties, shall be allowed a reasonable compensa- courts and tion by the boards of supervisors of their respective counties sheriffs for for services in making the returns and statements required convicby the act entitled "An act respecting convictions in criminal courts and to procure statistical information concerning convicts,” passed April 26, 1839, which allowance shall be levied and collected in the same manner as other contingent expenses of the county.

tions.

CHAP. 97.
AN ACT to consolidate and amend the several acts relat-

ing to the transmission to the office of the secretary of
state, by clerks of courts and sheriffs, of records of con-
viction, and certain other statistical information, as now
required by law.

Passed March 29, 1861; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S 1. Within ten days after the adjournment of any crimi- Report of pal court of record in this state, the district attorney of the attorney. county in which said court shall have been held shall furnish to the clerk of said court a description of the offense committed by any person convicted of crime, abridged from the indictment, as would be sufficient to maintain the averments relating to such offense necessary to be made in an indictment for a second offense. Every district attorney who shall neglect or refuse to prepare and deliver to the said clerk such statement within the time above specified shall forfeit the sum of fifty dollars for each case of neglect or refusal, to the

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