bail in a reasonable amount for all misdemeanors, and shall have power to take undertakings in bail either with or without the defendant thereon in the discretion of the said court. All fines imposed by the said courts of special sessions in the city of Brooklyn, or by police magistrates in said city, upon defendants convicted in said courts or by such magistrates, of crimes, misdemeanors or violations of any city ordinance of the city of Brooklyn, which are paid by such defendants so convicted to the sheriff of the county of Kings or to the keeper of the penitentiary of said city, shall be paid monthly by the said sheriff or said keeper to the respective clerks of the courts in which the said fines were imposed; provided, however, that the said sheriff or keeper of the penitentiary of Kings county may in his discretion, pay all of such fines so paid to them, or either of them, directly to the city treasurer of the city of Brooklyn. In an examination held in any criminal proceeding by a police magistrate in the city of Brooklyn, the testimony of each witness may, in the discretion of the magistrate, be taken as a deposition by the official stenographer of the court in which said magistrate holds such examination. Such minutes of the testimony when so taken, and when certified by the stenographer and by the magistrate who held such examination, shall both with reference to such examination, and in all procedure in connection with such examination provided for by any section of this Code not inconsistent herewith, be regarded as actually taken down in writing by such magistrate and subscribed by the witness or witnesses at such examination. [AM'D CH. 364 OF 1889.] § 61. Special sessions in Oswego.—The court of special sessions in the city of Oswego, where held by the recorder, has also jurisdiction over all cases of offenses, crimes against public decency, selling unwholesome provisions, cheats, breaches of the peace, disobeying the commands of officers to render assistance in criminal cases, obstructing officers in the discharge of their duties, adulterating distilled spirits, not delivering marked property, defacing marks or putting false marks on floating timber, all violations against the laws and ordinances of or applicable to the city, when such violation is a misdemeanor, and all attempts to commit any crimes herein named or referred to when such attempt is a misdemeanor. § 62. (Amended 1882.) By whom held.-Unless provision is otherwise made by law, a court of special sessions must be held by one justice of the peace of the town or city in which the same is held, and sections two hundred and ninety-three, two hundred and ninety-four, two hundred and ninety-five, three hundred and ten, three hundred and thirty-two, three hundred and thirtythree, three hundred and thirty-four, three hundred and thirtyfive, three hundred and thirty-six, three hundred and thirtyseven, three hundred and thirty-eight, three hundred and thirtynine, three hundred and forty, three hundred and forty-one, three hundred and forty-two, and three hundred and fifty-nine, to four hundred and fifty, both inclusive, shall apply as far as may be to proceedings in all courts of special sessions or police courts. R. S., 1005, § 2. § 63. Recorder of a city to hold court. A recorder of a city has power to hold a court of special sessions therein Id., 1008, § 23; ch. 243, Laws, 1840. CHAPTER II. THE SPECIAL SESSIONS IN THE CITY AND COUNTY OF NEW YORK. SECTION 64. Jurisdiction. 65. Officers, how appointed. 66. Term of office. 67. Court, when held. § 64. Jurisdiction. The court of special sessions in the city and county of New York has jurisdiction: 1. To try and determine according to law all complaints for misdemeanors, unless the defendant elects to be tried at the court of general sessions, or the court of special sessions sends the case to the court of general sessions for trial; 2. To remit fines imposed by it, and in place of the fine remitted, substitute, in its discretion, imprisonment; 3. By an order entered in its minutes, to declare forfeited the recognizance of a defendant, taken by the court, to appear thereat, upon his failure so to appear; 4. To impose the same punishment as is authorized by statute to be inflicted in like cases tried in the court of general sessions of the peace of that city and county; 5. By warrant attested in the name of any one of the justices authorized to hold the court, signed by the clerk thereof, and entered in the minutes of the court, to enforce its judgments and orders; to bring before the court all accused persons for trial and judgment in all cases in which it has jurisdiction; to issue subpoenas for the attendance of witnesses, attachments for contempt, and other process necessary for the proper conduct of the court; 6. To require the principal in a recognizance to appear at the court, and enter into a further recognizance to keep the peace, or to be of good behavior, or both, toward the people of the State, for a period not exceeding one year, and in default there of to commit him to prison till he be discharged therefrom according to law. (a) Jurisdiction.-Courts of special sessions in the city of New York have jurisdiction of the offense of assault with intent to steal. People v. Bernardo, 1 N. Y. Cr. R., 245., (b) The statute defining and creating the offense of assault with intent to steal, has not been repeated by the Penal Code and is in full force. (Id.) (c) The Court of Special Sessions, how Constituted.-The Court of special sessions in New York city, may be held by any three of the police justices, who shall sit alternately, except that one of their number may be selected to preside. 3 R. S. page 2555. (d) The court of special sessions has no jurisdiction of a prisoner who, on his committal, entered into a recognizance to appear at general sessions. (People ex rel. Doyle v. Johnson, 10 Abb., 294; 19 How., 11.) § 65. Officers, how appointed. The police justices of the city and county of New York, by the vote of a majority, have the exclusive power to appoint the clerk, deputy clerk, stenographer, interpreter and other officers of the court of special sessions in the city and county of New York. § 66. Term of office.-The term of office of the clerk and deputy clerk of the court of special sessions in the city and county of New York is the same as the term of office of the police justices of that city. Id. § 67. Court, when held.-The court of special sessions in the city and county of New York, may be held as often and at such times as the justices thereof may think expedient. § 68. (Amended 1882.) Jurisdiction.-The court of special sessions in the city of Albany has jurisdiction: 1. To try and determine all cases of petit larceny charged as a first offense, and all misdemeanors, not being infamous crimes, committed within the city; 2. To take recognizances, to appear before the court at a succeeding term, from persons charged with a crime or misdemeanor, triable therein; 3. To impose and enforce sentence of fine or imprisonment, or both, in the discretion of the court, in all cases within its jurisdiction, upon conviction, to the same extent as the court of sessions of the county of Albany could do in like cases; 4. To punish a contempt of court in the same manner and to the same extent as the court of oyer and terminer of the county could do in like cases; 5. In cases where a jury trial is demanded by a defendant, to draw from the jury box containing the names of jurors who reside in the city of Albany such number of names as the recorder or county judge may direct, and to require the sheriff of the county to summon the persons so drawn to appear at the time designated for trial, to impanel a jury of twelve men, to require the attendance of additional jurors and to punish a juror or witness neglecting to appear, in the same manner and to the same extent as the court of oyer and terminer of the county could do in like cases; 6. On motion of the district attorney, to issue a warrant for the arrest of a person who neglects to appear agreeably to the requirements of a recognizance to appear thereat, commanding the officer executing the same to bring the party forthwith before the court, if in session, otherwise to commit him to the common jail of the county, there to remain until delivered by due course of law. (a) Jurisdiction of Special Sessions in Albany.-The court of special sessions in Albany, has jurisdiction to try the crime of libel, said crime not being an infamous crime. People v. Parr, 4 N. Y, Cr. R., 545. The provisions of § 717 Code of Criminal Procedure do not apply to Courts of special sessions in Albany, such courts having jurisdiction to the extent possessed by the court of sessions in like cases. People v. Hollenbeck, 1 N. Y. Cr. R., 439, note. (b) Effect of omitting to mention name of penitentiary in sentence.-A sentence by the Albany Special Sessions, that the defendant be "imprisoned in the penitentiary for the term of six months" is not defective for failing to mention the name of the penitentiary. People v. Parr, 4 N. Y. Cr. R., 545. § 69. (Amended 1882.) By whom held. Upon charges for offenses triable by this court, the police magistrate or any other magistrate in the city hearing the same, shall, if offered, take recognizances in the cases provided by law returnable at the court of special sessions; and all such recognizances as shall have been so taken shall be returned to and filed with the district attorney of the county of Albany. If no such recognizance be offered, the magistrate or magistrates, shall commit the defendant to the common jail of the county of Albany until he shall be thence delivered in due course of law, and the trial of such person shall be had before the court of special sessions, except that where a police justice or other magistrate in this city has jurisdiction, the defendant may elect to be tried before such police justice or other magistrate. Laws 1872, ch. 284, § 1. (a) Court need not be unanimous.-Where a person charged with petit larceny elects to be tried by a court of special sessions, it is not necessary that all the members of the court concur in a verdict; the majority govern. (People v. Wandell, 21 Hun, 515.) § 70. (Amended 1882.) Inability of judge. Whenever a person is brought before a police justice or other magistrate of the city, charged with any of the following crimes, viz.: Petit larceny charged as a first offense, offenses against the laws relating to excise and the regulation of taverns, inns and hotels, offenses being misdemeanors against the laws relating to gaming. Assaults upon, and interference with, a public officer in the dis charge of his duty, and it shall appear to the magistrate that the crime has been committed and that there is sufficient cause to believe the defendant guilty thereof, the magistrate must order him to be held to answer the charge before the court of special sessions. § 71. (Amended 1882.) Officers to attend. The court of special sessions in the city of Albany must be held by the recorder of the city, with or without one or more of the justices of the peace to be associated with him. In case of the absence or inability of the recorder to act, the 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. CHAPTER IV. THE POLICE COURTS. SECTION 74. Jurisdiction. 75. Election of justices. 76. Justice to take and file oath of office, etc. 78. Compensation of justice $74. (Amended 1882.) 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. (a) Jurisdiction.-Police justices have the same power to commit persons convicted of disorderly conduct, in default of bail as they possessed before the passage of the Criminal Code. Matter of McMahon. 1 N. Y. Cr. R., 58. |