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cer in said city, except the mayor and judges of courts of record, to issue all criminal process, and all process other than in civil actions, which a single justice or two justices of the peace in towns are empowered or directed by law to issue; to hear all complaints and conduct all examinations in criminal cases; to hold Courts of Special Sessions, with all the power and jurisdiction of such courts, as regulated by statute; to try, convict and sentence all persons who may be guilty of any offences which are triable by courts of Special Sessions; and to commit for trial all persons who shall be guilty of felonies not triable in such courts.1

SECTION IX.

SPECIAL SESSIONS IN HUDSON.

The police justice of this city has authority to exercise all the powers and discharge all the duties, and is subject to all the provisions of law conferred or imposed upon or applicable to justices of the peace in criminal cases in the several towns of this State.2

SECTION X.

SPECIAL SESSIONS IN TROY.

.3

In this city, one of the justices of the Justices' Court therein is selected by the common council as police justice, who has authority, subject to the provisions of the statute, to hear and determine charges for crime and offences within the said city, in the cases enumerated in section first, article first, title third, chapter second of the fourth part of the Revised Statutes ;3 and also on complaints and charges against any person for the commission of any of the acts or offences designated in the first section of title fifth, chapter twentieth of the first part of the Revised Statutes; and upon conviction of any such offender, it has power to punish, by fine not exceeding fifty dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and

'Laws 1864, ch. 139, p. 295.

2 R. S., 224, § 190; Laws 1854, ch. 179; amended 1857, ch. 559.

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Ante, page 31; 2 R. S., 711, §§ 1, 2.

imprisonment of disorderly persons.1 When any person charged with any such offence as is above specified shall be brought before the said police justice, or any other justice of said court designated to act in his place, it shall be his duty forthwith to hear, try and determine such complaint or prosecution, according to the provisions of article first, title third, chapter second of the fourth part of the Revised Statutes, whether the persons charged with such offence request to be tried or not, and no other court or magistrate has jurisdiction to try such person for such offence; and before entering upon such trial, such justice may, in his discretion, adjourn the hearing or trial thereof from time to time, for a period not exceeding fifteen days, unless upon good cause shown, such justice may deem a longer time necessary for the purpose of procuring material testimony, either on the part of the people or the accused, which time shall not exceed ninety days; and said justice may commit the accused to jail until such day, or suffer such accused to go at large, upon his or her executing to the mayor, recorder, aldermen and commonalty of said city, and filing with said justice a bond, to be approved by him, in the penalty of not exceeding three hundred dollars, conditioned for the personal appearance of such accused before such justice on the day to which said hearing or trial shall be adjourned, and that he will not depart therefrom without leave of the court.2

COUNTY OF RENSSELAER.-When, any person charged with any offence specified in article first, title third, chapter second of the fourth part of the Revised Statutes ;3 or with the commission of the acts or offences enumerated in section first, title fifth, chapter twentieth of part first of the Revised Statutes, of disorderly persons, &c.; or with being guilty of malicious mischief, when the damage charged to have been done shall be less than twenty-five dollars; or with vagrancy; or with indecently exposing their person; or by tumultuous or riotous conduct, disturbing the public peace; or with fighting, or being engaged in any affray; or with being intoxicated, under such circumstances as to amount to a violation of public decency, shall be brought before any justice of the peace of the county of Rensselear, such justice shall, upon the conviction of such offender, have power to punish him by

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fine not exceeding fifty dollars, or by imprisonment in the county jail of said county, at hard labor, for a term not exceeding six months, or by both such fine and imprisonment; and all persons who shall abandon their wives or children, without adequate means of support, or shall neglect or refuse to support them according to their ability, are to be deemed disorderly persons, within the meaning of the Revised Statutes, for the purposes of trial and punishment, as above prescribed. The provisions of the statute above referred to, in relation to the Police Court of the city of Troy, are also made applicable to Courts of Special Sessions held by justices of the peace in the county of Rensselaer, so far as trying the prisoner, whether requested by him or not, and in relation to the adjournment of the trial and taking bail, except the bond is not to exceed one hundred dollars, and is to be executed to the people of the State of New York, and the period of adjournment for procuring testimony is not to exceed twenty days.2

SECTION XI.

SPECIAL SESSIONS IN THE VILLAGE OF LANSINGBURGH.

The above mentioned provisions in regard to the county of Rensselaer, are modified so far as regards the village of Lansingburgh, in said county, as follows: The police justices of said village have jurisdiction and authority to hear, try and deter. mine, in the manner now provided by law, all complaints and charges for criminal offences, in the cases enumerated in section first, article first, title third, chapter second, of the fourth part the revised statutes, except that bail shall not be taken in such cases to the next criminal court of the county; but it shall be the duty of justice, before whom the complaint shall be made, to proceed with the trial of the person charged with the offence, whether such trial be requested or not, within twenty-four hours after such person shall be brought before him, unless upon good cause shown such police justice, may deem a longer time necessary for procuring material testimony, in which case the hearing or trial may be further postponed for a period not exceeding fifteen days.3

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SECTION XII.

SPECIAL SESSIONS IN WILLIAMSBURGH.

The Police Justice of this city is authorized to try all criminal cases as a court of special sessions, that might formerly be tried at a court of special sessions in the town of Williamsburgh.1

SECTION XIII.

SPECIAL SESSIONS IN POUGHKEEPSIE.

The Recorder of the village of Poughkeepsie has exclusive jurisdiction, as a court of Special Sessions, to try all criminal matters.2

SECTION XIV.

SPECIAL SESSIONS IN THE TOWNS OF WATERTOWN AND WATERVLIET.

The towns of Watertown, in the county of Jefferson, and of Watervliet, in the county of Albany have each of them also special provisions of the statute applicable to these towns respectively, in relation to courts of Special Sessions held therein.3 The act regulating the police of the town of Watervliet, so far as it takes away from a person charged with an offence, the right to give bail for his appearance at the next criminal court having jurisdiction, is an infringement of the right of trial by jury, and is unconstitutional and void.4

SECTION XV.

SPECIAL SESSIONS IN ROCHESTER AND THE VILLAGE OF SARATOGA

SPRINGS.

There are also special statutory enactments applicable to the city of Rochester and village of Saratoga Springs, in regard to

Laws 1851, ch. 91

2 Laws 1849, ch. 86.

Laws 1855, ch. 354; Laws 1854, ch. 118; 5th ed. R. S., vol. 3,
Peo. v. Carrol, 3 Park. 22; Laws 1850, 210.

p. 1002.

the courts of Special Sessions to be held in each of those places respectively.1

SECTION XVI.

COURTS OF SESSIONS.

It is provided by the Constitution of this State that the county judge, with two justices of the peace, to be designated according to law, may hold Courts of Sessions with such criminal jurisdiction as the Legislature shall prescribe, and perform such other duties as may be required by law. The method and manner of electing the Justices of Sessions above named, is pointed out by the Revised Statutes.3 They are chosen from two of the justices of the peace of the county. When one of the members of a Court of Sessions is absent, or is, by interest or otherwise, disqualified from acting in a particular cause, or proceeding it is the duty of the county judge to designate some other justice of the peace of the county to supply the vacancy, and who shall compose a member of the court during the hearing, trial and determination of such cause or proceeding. And in case both the designated justices fail to attend, the county judge may supply both vacancies.5

Courts of Sessions except in the city and county of New York, are held in the respective counties at such time as the county judge of the county shall, by order, designate; and the county judge shall in such order designate at which terms of the Sessions a grand or petit jury, or both, or neither, shall be required to attend, and no grand or petit jury shall be required to be drawn or summoned to attend any term of the Court of Sessions which shall be designated by the county judge to be held without such jury; the above mentioned order is to be published in a newspaper printed in the county for four successive weeks previous to the time of holding the first term of said court under such order."

1 Laws 1844, p. 161, ch. 145; Laws 1845, ch. 294, § 3.

Const. N. Y., Art. 6, § 14.

3

2 R. S., 204, § 11.

4 Baldwin v. McArthur, 17 Barb., 414. Vide, Id. 410; Laws 1861, ch. 96, §

2, p. 172.

Cyphers v. Peo., 31 N. Y., 373, 5 Park. 666.

• 2 R. S., 208, § 1; Laws 1851, ch. 444.

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