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as on an indictment in a Court of Sessions.1 The several provisions of the statute in relation to the officers of this court, the manner of summoning juries, &c., will be found in 2 R. S., 219, § 1, et seq., as amended, Laws 1863, ch. 66.

SECTION XVIII.

THE SUPERIOR COURT OF THE CITY OF BUFFALO.

This court has also criminal jurisdiction, as follows:

1. To inquire, by a grand jury, of all crimes and public offences committed in the city of Buffalo.

4

2. To try and determine all indictments found therein, or sent thereto by another court, for a crime or public offence committed in that city. This court was formerly known as the Recorder's Court of Buffalo, but was reorganized under its present name,3 and is composed of three justices, chosen by the electors of the city of Buffalo for the term of eight years. The said Superior Court may send any indictment pending therein, undetermined, to the Court of Oyer and Terminer, or to the Court of Sessions of that county, to be determined according to law; and it has exclusive power to remit fines imposed and recognizances estreated by it. This court, for the trial of indictments and the transaction of criminal business, is to be held either by two of the justices thereof, or by one of the justices thereof, and two of the justices of the peace of said city, to be named by the justice of the said court, designated to hold such court." And the said court, at the general term thereof, has exclusive power in criminal cases on motion, on the indictment, with or without a bill of exceptions, to review its decisions and judgments, and grant new trials; and the Court of Appeals has exclusive jurisdiction to review the decisions and judgments, made at the General Term, in criminal cases, in the same cases and in the same

12 R. S., 219, § 11.

' 2 R. S., 219, § 133; Laws 1854, ch. 96, § 29; as amended 1857, ch. 361, § 30. 2 R. S., 219, § 103; Laws 1854, ch. 96, § 1.

Id., § 104; Id., § 1.

Id., § 134; Id., § 32.

Id., § 135; Id., § 33.

2 R. S., 219, § 136; Laws 1857, ch. 361, § 34.

manner as if made by the Supreme Court.1 By the act reorganizing the Recorder's Court of Buffalo into the Superior Court, it was provided that all the provisions of law then in force, relating to the Recorder's Court of Buffalo, and not inconsistent with the provisions of said act, should apply to the Superior Court as reorganized.2

SECTION XIX.

THE RECORDER'S COURT OF THE CITY OF OSWEGO.

The Recorder of the city of Oswego, with the Mayor and any Aldermen, or with any two Aldermen of said city, or in case of the absence of said Recorder, the Mayor and any two Aldermen of said city may hold a court of criminal jurisdiction, which shall be called the Recorder's Court of the city of Oswego, which has criminal jurisdiction to the same extent, and in the same manner, and with the same powers, as Courts of Sessions of the several counties of the State in all criminal matters and proceedings whatsoever within its jurisdiction, and in the indictment and trial of all offences committed in said city, or committed in this State, on board of any vessel, boat or float navigating or floating on any river, lake or canal, which vessel, boat or float shall come within the jurisdiction of said court, or shall pass through, into or from the said city of Oswego, on the same voyage or trip; and in all cases of larceny or embezzlement, in which the property stolen or embezzled shall be brought or found within such jurisdiction; and all recognizances in matters of which such court has jurisdiction, may be returnable at such court, and conditioned for the appearance of persons thereat.3 The said court has also exclusive power to remit fines and recognizances estreated by it.4 When any indictment shall be found in the Court of Oyer and Terminer, or in the Court of Sessions of the county of Oswego, for any offence above specified, triable by a Court of Sessions, either of the said courts in which said indictments shall

2 R. S., 219, § 137; Laws 1857, ch. 361, § 9.

22 R. S., 219, § 139; Laws 1854, ch. 96, § 37.

* 2 R. S., 219, § 165; Laws 1848, ch. 374, § 3; amended 1849, ch. 134; and 1857, ch. 96, § 1.

2 R. S., 219, §166; Laws 1857, ch. 96, § 2.

be, may order the same to be transmitted to the said Recorder's Court, and shall bind by recognizance, in the manner now prescribed by law, the witnesses and the party or parties to said indictment, to appear at the next term thereof; and when any recognizance shall have become forfeited, the same may be prosecuted in the said Recorder's Court; and the said Recorder's Court has power, in its discretion, to remand such indictment, and to remit any indictment found in the Recorder's Court to the said Court of Oyer and Terminer or Sessions.1

SECTION XX.

THE RECORDER'S COURT OF THE CITY OF UTICA.

The Recorder of the city of Utica, with two Aldermen of said city, to be selected by him from time to time, is to hold a court of criminal jurisdiction, which is called the Recorder's Court of the city of Utica; and such court has criminal jurisdiction to the same extent, and in the same manner, and with the same powers, as the Courts of Sessions of the several counties in this State, in the indictment and trial of all offences committed in said city.2 When any indictment shall be found in the Court of Oyer and Terminer, or in the Court of Sessions of the county of Oneida, for any offence above specified, triable by a Court of Sessions, either of the said courts in which the indictment may be, may, in its discretion, order the same to be transmitted to the said Recorder's Court, and bind by recognizance in the same manner now prescribed by law, the witnesses and the party to said indictment to appear at the next term thereof; and when any recognizance thus taken shall have become, forfeited, the same may be prosecuted in the said Recorder's Court. And whenever any bill

of indictment, for any offence committed in said city, shall have been transmitted to said court, pursuant to the above provisions, the proceedings thereon shall be in all respects the same as on indictments in a Court of Sessions.4 The Recordor's Court of the

1 2 R. S., 219, § 169; Laws 1848, ch. 374, § 4.

2

2 R. S., 219, § 144; Laws 1844, ch. 319, § 3. See Courts of Special Sessions, in Utica, ante, § 5, page 38.

2 R. S., 219, § 144; Laws 1844, ch. 319, § 4.

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city of Utica has also the same power as is possessed by Courts of Sessions to order indictments pending in said court to be removed therefrom to the Court of Oyer and Terminer; and the provisions of the Revised Statutes, in relation to the removal of indictments before trial or judgment, when pending in the Court of Sessions, also apply to indictments pending in the said Recorder's Court. The said Recorder's Court, when sitting as a criminal court, has the same power and jurisdiction concurrent with the Court of Sessions of the county of Oneida, in all cases arising in said city, respecting the support of bastards; cases arising under the laws respecting masters's apprentices and servants; reviews of convictions of disorderly persons; recogizances of persons bound to keep the peace, and the complaints on which the same were founded; all proceedings relative to poor persons; committees of the estates of lunatics; the estates of persons absconding and leaving their families chargeable to the public; letting to bail of persons indicted; discharging of persons remaining in prison without being indicted or tried, and all other proceedings, the subject matter of which shall arise or be within said city, and which are cognizable in said Courts of Sessions.2

SECTION XXI.

COURT OF GENERAL SESSIONS IN THE CITY AND COUNTY OF NEW

YORK.

The Court of General Sessions is a local court, having jurisdiction in the city and county of New York. The Judges of the Court of Common Pleas, for the city and county of New York, elected pursuant to chapter 255 of the Laws of 1847, and the Mayor, Recorder, City Judge and Aldermen of the said city, or any three of them, of whom one of the said elected Judges, Mayor, or Recorder or City Judge shall always be one, have power to hold Courts of General Sessions in and for the said city and county of New York.3

This court is but a Court of Sessions for the county of New

12 R. S., 219, § 145; Laws 1846, ch. 95; 2 R. S., 732, § 86; post.

' 2 R. S., 219, § 158; Laws 1845, ch. 291, § 2.

2 R. S., 216, § 58.

York. A Court of General Sessions of the Peace, and a Court of Sessions of any county, are one and the same tribunal.1

This court has power to hear, determine and punish, according to law, all crimes and misdemeanors whatsoever, including crimes punishable with death, or imprisonment in the State prison for life; and all the provisions of law whatsoever existing, relating to Courts of Oyer and Terminer, and regarding trials for indictments for capital offences, and for offences punishable by imprisonment in the State prison for life, and regarding sentences therefor, and writs of error, bills of exceptions, certioraris and writs of habeas corpus, arising upon trials of such indictments, are made applicable to this court." The Court of Oyer and Terminer, in and for the city and county of New York, may, by an order to be entered on its minutes, send all indictments for any crimes, including crimes punishable with death or imprisonment in the State prison for life, that may be in any way brought before said court, to the said court of General Sessions, to be there heard, tried and determined, according to law.3

It has power to send to the Court of Oyer and Terminer any case which it can try, if it deems expedient; and it may extend its terms and make adjournments.5

The whole of the Hudson river, southward of the northern boundary of the city of New York, and the whole of the bay between Staten Island and Long Island, is so far deemed within the jurisdiction of the city and county of New York, that all offences are cognizable in the courts of criminal jurisdiction held in and for the said city and county."

SECTION XXII.

COURTS OF OYER AND TERMINER.

The Courts of Oyer and Terminer of the respective counties in this State, except in the city and county of New York, are to

Lowenbery v. People, 27 N. Y., 336; 31 How., 140.

' Laws 1855, ch. 337, §§ 1, 2; People v. Goodwin, 18 John., 187.

Id., § 3. Vide 2 Smith (16 N. Y.), 58.

People v. Shefford, 11 Abb., 59; 19 How., 446.

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