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CHAPTER II.

OF PROCEEDINGS IN CRIMINAL CASES.

TITLE 1.–OF PROCEEDINGS TO PREVENT THE COMMISSION OF CRIMES.

[Repealed.] TITLE II.—OF THE ARREST AND EXAMINATION OF OFFENDERS; THEIR

COMMITMENT FOR TRIAL; AND LETTING THEM TO BAIL.

[Repealed.] TITLE III.—OF TRIALS FOR OFFENCES BEFORE COURTS OF SPECIAL

SESSIONS OF THE PEACE.

[Repealed.] TITLE IV.-OF INDICTMENTS AND PROCEEDINGS BEFORE TRIAL. TITLE V.-OF TRIALS FOR OFFENCES ; BILLS OF EXCEPTIONS, AND

OTHER PROCEEDINGS INCIDENT TO TRIAL.

(Repealed.]
TITLE VI.—OF JUDGMENTS; THE MODE OF ENFORCING THEM, AND OF

WRITS OF ERROR THEREON.
TITLE VII.—SPECIAL PROCEEDINGS IN CRIMINAL CASES; AND MISCEL-

LANEOUS PROVISIONS RESPECTING CRIMINAL PROCEED

INGS.
TITLE VIII.-OF THE FEES OF OFFICERS AND MINISTERS OF JUSTICE IN

ORIMINAL CASES.

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Of the Arrest and Examination of Offenders ; their commitment for Trial ; 1706-710)

and letting them to Bail.

(This entire title repealed by L. 1886, ch. 593.)

Subsequent acts on this subject. L. 1863, Chap. 174-An act in relation to the detention of prisoners in

the county of Kings. Prisoners to be immediately brought before magistrate ; penalty. SECTION 1. Whenever any justice of the peace in the county of Kings shall notify in writing any police officer or member of the metropolitan police or other person having charge of any station-house or other public place of detention in said county, to produce before such justice, to be dealt with according to law, any person who may be confined therein upon any criminal or other charge, not being committed upon such charge by any court or judicial officer, or not being held by an officer acting under the authority of the United States government, it shall be the duty of such police officer or person, without delay, to bring or cause to be brought before such justice the person so detained or imprisoned, and any wilful failure or refusal so to do is hereby declared a misdemeanor on the part of the person so failing or refusing, and, upon conviction, the offence shall be punished by fine not exceeding one hundred dollars.

This act applicable to Sunday. 82. The provisions of this act shall apply as well to Sunday as other days, except that no offender shall be put on trial upon that day.

L. 1866, Chap. 95 -An act to provide for the filing, preserving and ex

hibiting, by magistrates, of the affidavits or complaints taken by them on the issuing of criminal warrants.

Depositions to be preserved. SECTION 1. Whenever any magistrate, having criminal jurisdiction, shall take any deposition, affidavit or complaint in writing, upon which he shall issue any criminal warrant, search warrant or other criminal process, he shall file and preserve the same, and, on the demand of any person affected by the said warrant, search warrant or other process, he shall exhibit the said deposition, affidavit or complaint to such person for his perusal, and such person, by himself or by another, may take copy thereof.

[See Code Crim. Proc., § 148, et seq.]

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L, 1875, Chap. 205-An act for the better suppression of vice and of

obscene literature. Arrests, agents of New York Society for the Suppression of Vice, may make. SECTION 1. Any agent of the New York Society for the Suppression of Vice, upon being designated thereto by the sheriff of any county in this state, may within such county make arrests and bring before any court or magistrate thereof having jurisdiction, offenders found violating the provisions of any law for the suppression of the trade in, and circulation of obscene literature and illustrations, advertisements and articles of indecent and immoral use, as it is or may be forbidden by the laws of this state, or of the United States.

L. 1875, Chap. 464-An act to provide houses of detention in the sev

eral counties in this state for the safe-keeping and proper care of women and children charged with offences and held for trial, and also for the detention of all persons held as witnesses.

Supervisors may provide houses of detention. SECTION 1. The boards of supervisors of each of the counties of this state, except in the county of Kings and city and county of New York, are hereby authorized and empowered to procure, by lease or purchase, a suitable place or places other than common jails, for the safe and proper keeping, and care and keep, of women and children charged with offences and held for trial, and all persons detained as witnesses ; such places to be termed houses of detention.

Commitments thereto. S 2. Whenever a house of detention shall be provided in any county according to the provisions of this act, any magistrate in such county authorized to commit persons charged with offences and held for trial, shall direct on his order of committal, in case the person charged, is a woman or girl, or a boy under sixteen years of age, that such person be placed in the house of detention in his county, instead of the jail, and every person held as a witness in such county shall be placed in such house of detention.

When not to apply. & 3. This act shall not apply to any person charged with crimes punishable by death or imprisonment in states prison for a term exceeding five years or charged with the second offence.

Sheriff to have charge. 8 4. The sheriff in each county shall have charge and control of such house or houses of detention, and shall be entitled to collect from the county the same fees and compensation for the care and board of said persons, as are now allowed by law for the care and board of prisoners confined in the common jail.

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Of Trials for Offences before Courts of Special Sessions of the Peace.
ART. 1.-Of trials before courts of special sessions held in any county of this state

except the city and county of New York.
ART. 2.-Of trials before courts of special sessions in the city and county of New York.
Art. 3.-General provisions concerning courts of special sessions.
ART. 4.–Of certioraris to courts of special sessions.

[This entire title repealed by L. 1886, ch. 593.]

Subsequent acts on this subject. L. 1845, Chap. 180-An act to reduce the number of town officers and town and county expenses, and to prevent abuses in auditing town and county accounts. [Sections 1 to 14 are on pp. 915-917, ante.] [Sections 15 to 17 repealed by L. 1886, ch. 593.]

Subponas when issued how to be endorsed. § 18. Whenever any magistrate shall issue any subpæna in any criminal proceeding or trial, he shall endorse upon the back thereof a memorandum showing whether the same was issued for the people or for the prisoner; and every officer or other person who shall insert the names of witnesses in a subpæna issued for the people, intended for the prisoner, with intent thereby to deceive any person, or to obtain any pay as for services in subpænaing witnesses for the people, shall be deemed guilty of a misdemeanor; and no such magistrate shall charge or be allowed for more than six subponas in any one criminal case, nor shall any board of supervisors allow any charge for issuing or serving any subpæna in any criminal case or proceeding issued or served on behalf of a defendant.

Trial being postponed witnesses to be recognized to appear. $ 19. Whenever the trial of an indictment shall be postponed by the court in which the same shall be pending, it shall be the duty of the district-attorney to cause all the witnesses on the part of the people in attendance, deemed by him material, to be recognized to appear at the time and place to which such trial shall have been postponed.

Witnesses may be prosecuted for default; no charge for subpoenas in certain cases. 8 20. The court before which any witness on the part of the people in a criminal prosecution shall have been recognized to appear, by recognizance taken before a magistrate or a court of record having criminal jurisdiction, may proceed against such witness for any default in appearing, pursuant to the condition of his recognizance, by process of attachment, in the same manner and with like proceedings thereon as if such witness had failed to appear in obedience to a subpæna; and the recognizance of such witness, filed with the clerk or the court, if taken before a magistrate, or the record of the recognizance, if taken before a court of record, and the entry in the minutes of the clerk of the court of the default of such witness, shall be sufficient evidence for issuing such process of attachment. No district-attorney shall receive any fee for issuing a subpæna for the appearance of any witness who shall have been recognized to appear in the same prosecution and at the same court designated in such subpæna. The issuing of an attachment against a witness pursuant to this section, shall not be a bar to the prosecution of his recognizance.

[Section 21 was repealed by L. 1847, ch. 490.]
[The remainder of this act is on pp. 917-919, ante.]

L. 1860, Chap. 57 – An act conferring additional powers and duties on

courts of special sessions in the county of Monroe. [See Code Crim. Proc., $ 56, subd. 30.)

Jurisdiction of Monroe special sessions. SECTION 1. Courts of special sessions in the county of Monroe, in addition to the powers vested in said courts by the first and second sections of chapter seven hundred and sixty-nine of the laws of eighteen hundred and fifty-seven shall have exclusive jurisdiction to hear, try and

determine charges for crimes and offences in the cases in this section mentioned, arising within said county, provided, however, that the accused in such cases shall have the right to demand a trial in said court as provided by law.

1. All cases of petit larceny not charged as a second offence.

2. Cases of assault and battery not charged to have been committed riotously or upon any public officer.

3. Cases of intoxication, arising under the seventeenth section of an act, entitled “An act to suppress intemperance and to regulate the sale of intoxicating liquors, passed April sixteen, eighteen hundred and fifty-seven. But nothing in this act shall affect the jurisdiction of courts of sessions or oyer and terminer in said county, in cases where charges of petit larceny or assault and battery are properly joined or included in any indictment for felony according to law. (Thus amended by L. 1870, ch. 47.] 26 Hun, 156, 160.

Costs to be paid by town or city. § 2. The costs and expenses of such courts shall be chargeable to the town or city in which the offence was committed, and shall be audited by the board of town or city auditors therein, at their annual meeting, and the amount thereof assessed by the board of supervisors of the county upon such town or city, in the same manner as other town or city charges are now assessed and collected.

L. 1872, Chap. 685-An act to extend the provisions of chapter 57 of the

laws of 1860, entitled “An act conferring additional powers and duties on courts of special sessions in the county of Monroe,” and chapter 47 of the laws of 1870, being an act amendatory thereof, to the county of Wayne. [See Code Crim. Proc., § 58, subd. 30.]

Powers conferred on courts of special sessions extended to same courts in Wayne county. SECTION 1. All the powers conferred on the court of special sessions of the county of Monroe by chapter fifty-seven of the laws of eighteen hundred and sixty, as amended by chapter forty-seven of the laws of eighteen hundred and seventy, are hereby conferred upon, extended to and made applicable to, the courts of special sessions of the county of Wayne.

L. 1872, Chap. 284 -An act to establish a court of special sessions in and

for the city of Albany, and to confer further judicial powers upon the recorder of said city. [Sections 1 and 2 repealed by L. 1886, ch. 593.]

Complaints, etc., to be delivered to district-attorney. 83. All complaints and examinations taken by such magistrates shall, on or before Saturday of the week preceding any term of the said court, be delivered to the district-attorney of the county of Albany. Whenever a recognizance shall be taken by said magistrates or either of them on Monday for the next court of special sessions, it shall be construed and held to mean the court of special sessions to be held the second Tuesday thereafter, and if taken on Tuesday to mean the court of special sessions to be held the next Tuesday thereafter.

Duty of district-attorney. S 4. It shall be the duty of the district-attorney in person or by his assistant to attend the said court, and conduct the proceedings and trials therein, in behalf of the people of this state; and he shall have the same power to issue subpænas for witnesses to attend the said court, as in cases triable in the court of oyer and terminer, and disobedience thereto

may

be

punished by the said court of special sessions in the same manner as the court of oyer and terminer in like cases. [Section 5 repealed by L. 1886, ch. 593.]

Duty of clerk to keep book of minutes. $ 6. The clerk of the said court shall enter all its proceedings and its sentences, or all convictions had therein, in full, in a book of minutes to be by him kept for that purpose, and he may administer all oaths and affirmations required by law to be administered in said court.

Transcripts of minutes to be delivered to sheriff or other officer. 87. The clerk of the said court shall make out and deliver to the sheriff of the said county, or to any constable or police officer of the said city, a transcript of the entry in the said book of minutes of every conviction made by the said court, and of the sentence thereon, which being duly certified by the said clerk shall be sufficient anthority to such sheriff or other officer to execute such sentence, and he shall execute the same accordingly.

Fines to be paid chamberlain. 8. All fines imposed by the said court shall be paid to the clerk thereof, or to the sheriff of the said city and county, who shall within ten days after the receipt thereof pay the same to the chamberlain of the said city, in the same manner and subject to the same penalties for neglect as provided in respect to fines imposed by courts of general sessions.

Certified copies to be evidence. 8 9. It shall not be necessary to file any certificate of a conviction made by the said court, but a duly certified copy of the entry of any such conviction made by the clerk of the said court in the said book of minutes shall be evidence in all courts and places of the facts stated therein.

Recorder to perform duty of justice of supreme court at chambers. 8 10. The recorder of the city of Albany shall have power to do and perform all the acts and duties that may by law, or according to the rules and practice of the supreme court, be done and performed by a justice of the supreme court at chambers, including proceedings supplementary to execution. [Section 11 repealed by L. 1886, ch. 593.]

Charges to be read to accused. § 12. The charge made against the defendant, as stated in the warrant of arrest or commitment, or in the complaint preferred before the magistrate who issued such warrant or commitment, shall be distinctly read to such defendant, or the charge shall be read to the accused, and he, she, or they shall be required to plead thereto. [Sections 13 to 22 repealed by L. 1886, ch. 593.]

Judgments, how reviewed. S 23. The judgment and determination of said court may be reviewed by the supreme court and court of appeals, and by no other

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