PART I. OF THE COURTS HAVING ORIGINAL JURISDICTION IN CRIMINAL ACTIONS. TITLE I. OF THE COURTS OF ORIGINAL CRIMINAL JURISDICTION IN GENERAL. II. OF THE COURT FOR THE TRIAL OF IMPEACHMENTS. III. OF THE COURTS OF OYER AND TERMINER. IV. OF THE CITY COURTS. V. OF THE COURTS OF SESSIONS. VI. OF THE COURTS OF SPECIAL SESSIONS AND POLICE COURTS. TITLE I. OF THE COURTS OF ORIGINAL CRIMINAL JURISDICTION IN GENERAL. § 11. Of the courts of original criminal jurisdiction. The following are the courts of justice in this state having original jurisdiction of criminal actions: 1. The court for the trial of impeachments; 2. The courts of oyer and terminer; 3. The city courts of Brooklyn, Buffalo, Utica, Oswego and Hudson; 4. The courts of sessions, in counties other than New York; 5. The court of general sessions in the city and county of New York: 6. The courts of special sessions ; 7. The police courts. The courts of special sessions and police courts are deemed inferior courts not of record, within the section of the Constitution which provides for the removal of justices of the peace and judges, or justices of inferior courts not of record, and their clerks, by such county, city or state courts as are designated by law; but for no other purpose. New York Const., art. VI., §§ 18, 19. (a) Police justices under legislative control.--The legislature may abolish or abridge the tenure of office of a police justice.-(Coulter v. Murray 15 Abb. [N. S.], 129; Wenzler v. People, 58 Ñ. Y., 516. ) (b) Courts are not public officers within the intent and meaning of the statute which prohibits the transaction of business in public offices after twelve o'clock on Saturdays. (People v. Kearney, 13 N. Y. State Rep., 246.) TITLE II. OF THE COURT FOR THE TRIAL OF IMPEACHMENTS. SECTION 12. Its jurisdiction. 13. Members of the court. 17. Time of holding the court. 18. Oath to members of the court. 19. Adjournments, etc. 20. Compensation of members and officers of the court. § 12. Its Jurisdiction.-The court for the trial of impeachments has power to try impeachments, when presented by the assembly, of all civil officers of the state, except justices of the peace, justices of justices' courts, police justices and their clerks, for willful and corrupt misconduct in office. New York Const., art. VI. §§ 1, 18. § 13. Members of the court.-The court is composed of the president of the senate, the senators, or a majority of them, and the judges of the court of appeals, or a majority of them, but on the trial of an impeachment against the governor, the lieutenant governor cannot act as a member of the court. New York Const., art. VI. § 1; 3 R. S., 182, § 1. --- §14. Presiding judge. The president of the senate, or in case of his impeachment, death or absence, the chief judge of the court of appeals, or in the absence of both, such other member as the court may elect, is the presiding judge of the court. § 15. Clerks and officers.-The clerk and officers of the senate are the clerk and officers of the court for the trial of impeach ments. § 16. Seal of the court.-The seal of the court for the trial of impeachments how deposited and recorded in the office of the secretary of state shall continue to be the seal of this court and must be kept in the custody of the clerk of the senate. Id. § 4. § 17. Time of holding the court.-Upon the delivery of an impeachment from the assembly to the senate the president of the senate must cause the court to be summoned to meet at the capitol in the city of Albany, on a day not less than thirty nor more than sixty days from the day of the delivery of the articles of impeachment. 3 R. S., 183, § 10. PART I. OF THE COURTS HAVING ORIGINAL JURISDICTION IN CRIMINAL ACTIONS. TITLE I. OF THE COURTS OF ORIGINAL CRIMINAL JURISDICTION IN GENERAL. II. OF THE COURT FOR THE TRIAL OF IMPEACHMENTS. III. OF THE COURTS OF OYER AND TERMINER. IV. OF THE CITY COURTS. V. OF THE COURTS OF SESSIONS. VI. OF THE COURTS OF SPECIAL SESSIONS AND POLICE COURTS. TITLE I. OF THE COURTS OF ORIGINAL CRIMINAL JURISDICTION IN GENERAL. § 11. Of the courts of original criminal jurisdiction.-The following are the courts of justice in this state having original jurisdiction of criminal actions: 1. The court for the trial of impeachments; 2. The courts of oyer and terminer; 3. The city courts of Brooklyn, Buffalo, Utica, Oswego and Hudson; 4. The courts of sessions, in counties other than New York; 5. The court of general sessions in the city and county of New York: 6. The courts of special sessions ; 7. The police courts. The courts of special sessions and police courts are deemed inferior courts not of record, within the section of the Constitution which provides for the removal of justices of the peace and judges, or justices of inferior courts not of record, and their clerks, by such county, city or state courts as are designated by law; but for no other purpose. New York Const., art. VI., §§ 18, 19. (a) Police justices under legislative control.--The legislature may abolish or abridge the tenure of office of a police justice.-(Coulter v. Murray 15 Abb. [N. S.], 129; Wenzler v. People, 58 Ñ. Y., 516. ) (b) Courts are not public officers within the intent and meaning of the statute which prohibits the transaction of business in public offices after twelve o'clock on Saturdays. (People v. Kearney, 13 N. Y. State Rep., 246.) TITLE II. OF THE COURT FOR THE TRIAL OF IMPEACHMENTS. SECTION 12. Its jurisdiction. 13. Members of the court. 17. Time of holding the court. 18. Oath to members of the court. 19. Adjournments, etc. 20. Compensation of members and officers of the court. § 12. Its Jurisdiction.-The court for the trial of impeachments has power to try impeachments, when presented by the assembly, of all civil officers of the state, except justices of the peace, justices of justices' courts, police justices and their clerks, for willful and corrupt misconduct in office. New York Const., art. VI. §§ 1, 18. § 13. Members of the court.-The court is composed of the presi dent of the senate, the senators, or a majority of them, and the judges of the court of appeals, or a majority of them, but on the trial of an impeachment against the governor, the lieutenant governor cannot act as a member of the court. New York Const., art. VI. § 1; 3 R. S., 182, § 1. § 14. Presiding judge. The president of the senate, or in case of his impeachment, death or absence, the chief judge of the court of appeals, or in the absence of both, such other member as the court may elect, is the presiding judge of the court. § 15. Clerks and officers.-The clerk and officers of the senate are the clerk and officers of the court for the trial of impeach ments. § 16. Seal of the court.-The seal of the court for the trial of impeachments how deposited and recorded in the office of the secretary of state shall continue to be the seal of this court and must be kept in the custody of the clerk of the senate. Id. § 4. § 17. Time of holding the court.-Upon the delivery of an impeachment from the assembly to the senate the president of the senate must cause the court to be summoned to meet at the capitol in the city of Albany, on a day not less than thirty nor more than sixty days from the day of the delivery of the articles of impeachment. 3 R. S., 183, § 10. § 18. Oath to members of the court.-At the time and place appointed, and before the court proceeds to act upon the impeachment, the clerk must administer to the presiding judge, and the presiding judge to each of the members of the court then present, an oath or affirmation truly and impartially to try and determine the impeachment; and no member of the court can act or vote upon the impeachment, or any question arising thereon, without having taken this oath or affirmation. 3 R. S., 183, § 14. § 19. Adjournment, etc.-The court may adjourn from time to time and hold its sessions at such places as it may determine, but no more than two sessions of the court can be held during the recess of the legislature in any one year. Id. § 15. § 20. Compensation of members and officers of the court.-The writ and process of the court must be signed by the clerk and tested in the name of the president of the senate. The president of the senate and each senator are entitled to receive for their services and expenses while actually attending the court the same rate of compensation as an associate judge of the court of appeals is entitled by law to receive for his services and expenses as such judge for the same time. The other officers of the court, excepting the judges of the court of appeals, are entitled to the same compensation for their attendance thereon, and for travelling to and from the place where it is held, as is allowed them for attending a meeting of the senate, but no such compensation shall be received for attending the court during a session of the legislature. Id. §§ 7, 9. TITLE III. OF THE COURTS OF OYER AND TERMINER. SECTION 21. Court of oyer and terminer in each county. 23. By whom held. § 21. Court of oyer and terminer in each county.-There is in each of the counties of this state, except that for this purpose Fulton and Hamilton are deemed one county, a court of and terminer, with the jurisdiction conferred by the next section oyer |