for causes particularly assigned, after notice of the charges against them, and an opportunity of being heard in their defence. Const. of 1821, art. 4, sec. 7-14. At that time the county courts were composed of a multiplicity of judges; but upon their abrogation by the new constitution, new county courts were created with but a single judge, called a county judge; except that in the city of New-York, the county court is still composed of the judges of the court of common pleas, and of the mayor, recorder and aldermen, as ex officio judgest of that court, and of the court of sessions. The framers of the present constitution, (no doubt from an unwillingness to vest this delicate power in a single judge,) introduced the provision now in force, authorizing the removal of justices of the peace, and judges or justices of inferior courts, not of record, and their clerks, after due notice, and an opportunity of being heard in their defence, by such county, city or state courts, as may be prescribed by law, for causes to be assigned in the order of removal. In the execution of this power, thus conferred upon the legislature, it was provided by section 25 of the judiciary act, that these officers may be removed by the supreme court, at any general term thereof. The inconvenience attendant upon the trial of any of these officers in the supreme court, as well to the parties themselves and their witnesses, as to the court, in burdening it with unnecessary business, has led the Commissioners to believe that it had better be transferred to the court of sessions, in accordance with the provision to that effect already referred to.

§ 33. In addition to the jurisdiction conferred by the last section, jurisdiction was transferred to and vested in these courts, in their respective counties, on the first Monday of July, 1847, of all indictments and proceedings similar to those mentioned in the last section, which were then pending in the late courts of general sessions of the peace.

Conformable to the constitution, art. 14, sec. 5.

§ 34. When an indictment is found in one of these courts for an offence punishable with death, the court must send it to the court of oyer and terminer of the county.

Same as 2 R. S., 3d ed. 274, sec. 6.

35. These courts may also send an indictment, found therein and remaining undetermined, for an offence 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 its 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.

Same as 2 R. S, 3d ed. 275, sec. 7.

§ 36. These courts must be held by the county judge together with two justices of the sessions, designated as provided by other statutes. If the justices of the sessions, or either of them, be absent at a term of a court of sessions, or their office, or that of either of them, be vacant, the county judge may supply the vacancy or deficiency, for the term, by designating the requisite number to form the court, from the justices of the peace of the county.

Conformable to the constitution, art. 6, sec. 14; and to the judiciary act, Laws of 1847, p. 331, sec. 40.

§ 37. These courts must be held at the same place, and commence on the same day, as the terms of the

county courts in their respective counties, and must be continued as long as the public interests require.

This section is introduced to obviate a doubt, (which the Commissioners, however, do not believe to be well founded,) as to the right of the courts of sessions to sit at the same time with the general terms of the county courts. See judiciary act, 1 Laws of 1847, p. 332, sec. 45; and amended Code of Procedure, sec. 31.

CHAPTER III.

THE COURT OF SESSIONS OF THE CITY OF NEW-YORK.

SECTION 38. This court continued, and name changed.

39. Its jurisdiction.

40. Indictments for offences punishable with death, to be sent to oyer and terminer.

41, 42. By whom held.

43.

When held, and its duration. Concurrent terms.

44. When term may be extended.

45. Where held

§ 38. The court known as the court of general sessions in and for the city and county of New-York, is continued, with the jurisdiction conferred by the next two sections, and no other, and is denominated the court of sessions of the city of New-York. But nothing contained in this section affects its jurisdiction of actions or proceedings now pending therein.

This section is designed to render the name of the court uniform with that of the other courts of sessions, in conformity with the constitution, which uniformly designates them by that name.

§ 39. This court has jurisdiction,

1. To inquire, by the intervention of a grand jury, of all public offences committed or triable in the city and county of New-York:

2. To try and determine any indictment found therein, or sent thereto by the court of oyer and terminer of the city and county of New-York, for a public offence not punishable with death:

3. To remove police justices and justices of the justices' courts in the city of New-York, and their clerks, after due notice and an opportunity of being heard in their defence, for causes to be stated in the order of removal:

4. In cases arising in the city and county of NewYork, such as are enumerated in subdivisions 4 to 11, both inclusive, of section 32.

Substantially the same as 2 R. S. 3d ed., 288, sec. 50, except as to the third subdivision which is introduced for the reasons stated in the note to sec. 32, p. 21, 22.

§ 40. When an indictment is found in this court for an offence punishable with death, it must be sent to the next court of oyer and terminer of the city and county of New-York.

Same 2 R. S., 3d ed., 274 sec. 6.

§ 41. This court must be held, except as provided in the next section, by the recorder or city judge of the city of New-York, or by one of the judges of the court of common pleas of that city, as the presiding judge, together with two of the aldermen of the city, designated as the common council, may by ordinance, prescribe. But it is the especial duty of the recorder or city judges to hold the court and preside therein.

The existing statutory provisions on this subject are as follows:

"The first judge of the county courts of the city and county of New-York, and the mayor, recorder, and aldermen of the said city, or any three of them, of whom the said first judge, mayor or recorder shall always be one, shall have power to hold courts of general sessions in and for the city and county of New-York. It shall be the special duty of the recorder of the city of New-York, to hold the said court of general sessions." 2 R. S, 3d ed., 288, sec. 48, 49.

The section as proposed, is in conformity with the practice, as to the holding of this court, except that it gives the city judge concurrent powers with the recorder, and requires the aldermen who are to sit, to be designated by ordinance of the common council. This seems necessary to prevent many inconveniences and delays to which the court is now subjected, from the fact that no express regulation of the duty of the aldermen in this respect exists.

§ 42. When the court is convened for the purpose of exercising the jurisdiction conferred by the third subdivision of section 32, it must be held by the recorder or city judge of the city of New-York, and at least one of the judges of the court of common pleas of that city, together with the mayor and aldermen thereof, or a majority of those officers then in office.

The court, as constituted by this section, is precisely the same as the county court under the old constitution, by which these officers were triable.

§ 43. The court must be held on the first Monday of each month, and may be continued until the fourth Saturday thereafter, inclusive. Concurrent terms may also be held, as often as the recorder and city judge may from time to time, prescribe, by an order filed with the clerk.