§ 793. Within twenty days after the conviction, the magistrate must cause the certificate to be filed in the office of the clerk of the county.

Conformable to 2 R. S, 3d ed., 804, sec. 46.

§ 794. The certificate, made and filed as prescribed in the last two sections, or a certified copy thereof, is conclusive evidence of the facts stated therein.

Taken from 2 R. S., 3d ed., 804, sec. 47.

§ 795. The judgment must be executed by the sheriff of the county, or by a constable, marshal or policeman of the city, village or town in which the conviction is had, upon receiving a copy of the certificate prescribed in section 791, certified by the magistrate or the county clerk.

Taken from 2 R. S., 3d ed., 803, sec. 38.

§ 796. If a fine imposed be paid before commitment, it must be received by the magistrate, and be applied to the payment of the expenses of the prosecution. The residue, if any, must be paid by the magistrate, within thirty days after its receipt, into the county treasury.

Taken from 2 R. S., 3d ed., 803, sec. 39.

§ 797. If the defendant be committed for not paying a fine, he may pay it to the sheriff of the county, but to no other person; who must in like manner, within thirty days after the receipt thereof, pay it into the county treasury, as provided in the last section.

Taken from 2 R. S., 3d ed., 804, sec. 40.

§ 799. If the magistrate or sheriff receiving the fine, fail to pay it or such part of it as is so payable, into the county treasury, the county treasurer must immediately commence an action against him therefor, in the name of the county.

Taken from 2 R. S., 3d ed., 804, sec. 41.

§ 799. The magistrate may issue subpoenas for witnesses, as provided in section 670, and punish disobedience thereof, as provided in section 681.

The provision of the Revised Statutes, from which this section is taken, is as follows:-" In case any person summoned to appear before any court of special sessions, as a juror or witness, shall fail to appear, he shall be liable to the like penalties, and may be proceeded against in the like manner, as provided by law in respect to jurors and witnesses, in justices' courts." 2 R. S., 3d ed., 804, sec. 43.

In the section under consideration, the power to issue subpœnas and to punish witnesses for disobedience, is confined, as it should be, to the magistrate holding the court. The authority to administer oaths to witnesses is omitted as unnecessary, it being an incidental power of all courts.

§ 800. If a person summoned as a juror fail to appear, he may be punished by a fine not exceeding five dollars, imposed by the magistrate, by an order entered in his minutes. The order is deemed a judgment, in all respects, in favor of the poor of the town or city.

Conformable to 2 R. S., 3d ed., 804, sec. 43, and to the provisions of the Revised Statutes respecting justices' courts, which are there referred to.

§ 801. No fees are payable to a juror or witness, for his service or attendance in a police court.

Taken from 2 R S, 3d ed., 804, sec. 44.

§ 802. When the defendant, upon being brought before the magistrate, requests a trial by a police court, the preliminary examination of the case is dispensed with.

Substantially the same as 2 R. S., 3d ed., 801, sec. 25.

§ 803. During the twenty-four hours allowed to the defendant to give bail, as provided in the second subdivision of section 56, and until judgment is given, he may be continued in the custody of the officer, or committed to the jail of the county to answer the charge, as the magistrate may direct.

§ 804. The commitment must be signed by the magistrate, by his name of office, and must be in substantially the following form:

"The sheriff of the county of is required to receive and detain A. B., who stands charged before me for [designating the offence, generally,] to answer the charge before a police court in the town [or city] of as the case may be.]

"Dated at the town [or city] of the

day of

"C. D., Justice of the peace of the town

§ 805. When committed, the defendant must be delivered to the custody of the proper officer, by any peace officer in the county to whom the magistrate may deliver the commitment.

§ 806. Either before or after his committal, or upon being committed, the defendant must, if he require it, be admitted to bail.

§ 807. The bail must be taken by the magistrate, by a written undertaking, executed by the defendant, with one or more sufficient sureties approved by the magistrate, in a sum not exceeding two hundred dollars.

§ 808. The undertaking must be in substantially the following form:

"A. B. having been duly charged before C. D., a justice of the peace in the town [or city] of Las the case may be,] with the offence of, [designating the of fence generally.]

"We undertake that he shall appear thereon, from time to time, until judgment, at a police court in the town [or city] of , [as the case may be,] held by the justice above named, or that we will pay to the county of [naming the county in which the court is held,] the sum of dollars," [inserting the sum fixed by the magistrate.]

"Dated at the town [or city] of may be.]

," [as the case

§ 809. If the defendant fail to appear according to the undertaking, the magistrate, unless a sufficient excuse be shown, must declare the undertaking of bail forfeited, and the county treasurer must immediately commence an action, for the recovery of the sum mentioned therein, in the name of the county.

§ 810. The county court of the county, or in the city of New York, the court of common pleas of that city, may remit the forfeiture or any part thereof, in the cases and in the manner provided in the code of civil procedure.

TITLE II.

OF THE PROCEEDINGS IN THE

POLICE COURTS, IN THE CITY

AND COUNTY OF NEW-YORK.

SECTION 811. Police courts in New-York, to proceed as prescribed in last title, except as provided in next seven sections.

812. In what cases to proceed to trial.

813. If jury demanded, magistrate to proceed to examination of charge, and to hold defendant to answer or discharge him, as provided

in sections 187 to 220, both inclusive,

814. Trial to be before the court, without a jury.

815. Clerk to issue subpœnas, sign certificate of judgment, and enter proceedings of court and sentences upon convictions.

816. Fines before committal, to be paid to clerk. His accounts, when and to whom rendered.

817. All other fines to be paid to sheriff. His account thereof, when and to whom rendered.

818. No transcript of conviction to be filed. Certified copy of minutes, conclusive evidence.

In all the counties of the state, except New-York, the courts of special sessions have heretofore had the authority, which is continued by the last title, to try the case by a jury, when demanded by the defendant. In the city of New-York, however, that power has not existed, and the court alone has