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chancery. As they now issue from the supreme court, it is conceived that the authority should be extended to the judges of that court; and if so, circuit judges, by the provision of the constitution, must have the same power.

[§ 22, 23. Same as § 15, 16 R. S.] Original note. "Probably the issuing of a writ of error now, is a stay of proceedings in all cases. It is conceived that it should be restricted, and the power confined to our highest judicial officers."

[§ 24, 25. Same as enacted § 17, 18 R. S. except the conclusion of the last section reported as follows, "to detain such defendant until duly discharged."]

"TITLE VII.- Special proceedings in criminal cases; and miscellaneous provisions respecting criminal proceedings.

"ARTICLE I.- Of coroners' inquests.

[§ 1 as reported, substantially same as enacted.]

Original note. "1 R. L. 150, § 1, varied by omitting houses broken open,' and 'treasure said to be found,' and conforming to the pro- visions concerning grand juries."

[§ 2, 3. Same as enacted, except the words "to any of the officers above enumerated," before "subpanas," in § 3, stricken out.] inal note to § 3. "New."

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[§ 4, 5, 6. Same as enacted.] Original note. § 4 new. Last clause 6 conformable to the common law."

[ 7, 8, 9. Same as enacted, except the words "or his inability to attend from sickness or any other cause," inserted in § 9 by the legislature.] Original note to § 8. "Partly new."

“ARTICLE II.— Of the outlawry of persons indicted or convicted."

[§ 27 as reported, corresponding to § 20 R. S. varied.] Original note. "The preceding sections are intended as a substitute for so much of the act for regulating outlawries,' 1 R. L. 165, as relates to outlawries in criminals' cases. Title 13, of Chapter 9, Part 1, proceeds upon the principle that outlawries will be retained in cases of treason; and with the provisions above made, it is supposed that they may be useful in other cases.'

"ARTICLE III.— Miscellaneous provisions respecting criminal proceedings." [§ 28 to 35. Same as § 21 to 28 R. S.] Original note to § 34. "Conformable to 3 Dickinson's Justice, 505." To § 35. "2 Hale, 150." [§ 42 to 46. Same as § 33 to 37 R. S.] Original note. "Corporations, particularly turnpikes, are by law liable to indictment. The mode of proceeding is somewhat difficult. It will be simplified by the foregoing provisions, which conform substantially to the common law practice, and to § 33, 1 R. L. 89." [§ 47 to 51. Same as § 38 to 42 R. S.] Original note to § 39 R. S. Conformable to practice.' To § 41, 42 R. Š. "New." [§ 59. Same as $44 R. S.] Original note. "Necessary, as the pro visions referred to would not otherwise apply to proceedings in criminal case. ""

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[§ 60. Same as § 45 R. S.] Original note. "1 R. L. 404, § 12, extended to fugitives from foreign governments."

[$ 61, 62. Same as enacted § 46, 47 R. S.] Original note. "Laws of 1818, p. 5, § 1, varied in giving the officers authority in the counties they pass through."

"TITLE VIII. Of the fees of officers and ministers of justice in criminal cases."

[§ 4. Same as § 5 R. S.] Original note. "2 R. L. 26, extended to oyer and terminer."

[§ 5. Same as § 6 R. S.]

Original note. "The clerk of the court of oyer and terminer and terminer and general sessions in New York, is allowed fees for most of the services performed by him. In the other counties, these officers are not allowed fees for their services in criminal cases. Thinking it just that some compensation should be made, for at least a portion of their services, the foregoing section has been prepared. The last clause is conformable to the existing law."

[§ 6. Same as §7 R. S., except a concluding paragraph omitted by the legislature: "And any district attorney shall also be allowed for all monies actually and necessarily expended by him in the prosecution of any indictment duly found by the grand jury of his county."]

Original note. "Items 6 and last, new; 7 partly new. Conformable for the most part to 2 R. L. 21, and Laws of 1818, p. 307, § 9.” [§ 11. Same as § 12 R. S.] Original note. "Declaratory."

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[ 12. Same as § 9 R. S.] Original note. "The spécial provisions relating to the city of New York are omitted, for the purpose of being included in the collection or revision of the statutes applicable to that city."

[813. Same as enacted.] Original note. "§ 16, 1 R. L. 498, extended to witnesses from foreign countries, as being equally within the principle of the act."

[ 14, 15, 16, 17. Same as enacted.] Original note to §17. "Necessary, to apply the provisions in Chapter 10 of the 3d Part, to this Title."

GENERAL INDEX

TO THE

MATTERS CONTAINED IN THE THIRD, FOURTH AND FIFTH VOLUMES.

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