be imprisoned until it be paid, not exceeding

as the case may be].

"Dated at the town [or 'city'] of

18-.

C. D., justice of the peace or police justice or other magistrate [as the case may be] of the town [or city '] of [as the case may be]."

§ 722. Same. If the defendant have pleaded guilty-instead of the second paragraph, the certificate must state substantially as follows: And the above named A. B. having been thereupon duly convicted, upon a plea of guilty."

Id.

§ 723. Certificate, when filed. Within twenty days after the conviction, the court must cause the certificate to be filed in the office of the clerk of the county.

3 R. S. 1012, § 51.

§ 724. Certificate, conclusive evidence. 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.

Id. § 53.

$ 725. Judgment, by whom executed. 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 721, certified by the court or the county clerk.

3 R. S. 1011, § 43.

§ 726. [am'd 1895.] Fine, by whom received before commitment, and how applied. If a fine imposed be paid before commitment it must be received by the court, and within thirty days after its receipt, paid by such court to the supervisor of the town in and for which such court is held.

§ 727. [am'd 1895.] Fine, to whom paid after commitment, and how applied. If the defendant be committed for not paying a fine, he may pay to the sheriff of the county, but to no other person, who must in like manner within thirty days after the receipt thereof, pay the same to the supervisor of the town in and for which such court is held.

§ 728. [am'd 1895.] Proceedings against magistrate or sheriff on neglect to pay fine to supervisor. If the court or sheriff receiving the fine fail to pay to the supervisor, as provided in the last two sections, such supervisor must immediately commence an action therefore against the sheriff, or the magistrate or magistrates composing the court in the name of his town.

§ 729. Subpoena for witnesses, and punishing them for disobe dience. The court may issue subpoenas for witnesses, as provided in section 608, and punish disobedience thereof, as provided in section 619.

Id. § 47.

§ 730. Punishing jurors for non-attendance. If a person summoned as a juror fail to appear, he may be punished by a fine not exceeding five dollars imposed by the court, by an order entered in his minutes. The order is deemed a judgment, in all respects, ir favor of the poor of the town or city

Id. § 48.

§ 731. No fees to jurors or witnesses. No fees are payable to a juror or witness, for his service or attendance in a court of special sessions.

Id. § 49.

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

with.

3 R. S. 1005, § 2.

§ 733. During time allowed for bail, and until Judgment, defendant to be continued in custody of officer or committed to jail. During the time allowed to the defendant to give bail, 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.

Id. § 5.

734. Form of commitment. 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 offense, generally], to answer the charge before a court of special sessions in the town [or city] of

Dated at the towr [or city] of

18

[as the case may be].
day of

the

735. By whom executed. 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.

11

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

§ 737. Bail, how and by whom taken. 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 $200.

§ 738. Form of the undertaking. 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 [as the case may be], with the: offense of [designating the offense generally], we undertake jointly and severally that he shall appear thereon from time to time, until judgment, at a court of special sessions in the town or village [or city] of [as the case may be], competent to try the ease, or

§ 739. Undertaking, when forfeited, and action thereon. It the defendant fail to appear according to the undertaking, the court, 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.

§ 740. Forfeiture, how and by whom remitted. The county court of the county, or in the city of New York, the supreme court, may remit the forfeiture or any part thereof, in the cases and in the manner provided in the Code of Civil Procedure.

3 R. S. 773, § 38.

TITLE II.

OF THE PROCEEDINGS IN THE COURT OF SPECIAL SESSIONS IN THR CITY AND COUNTY OF NEW YORK.

SEOTION 741. Police courts in New York, to proceed as prescribed in last title. except as provided in next seven sections.

742. In what cases to proceed to trial.

743. If jury demanded, magistrate to proceed to examination of charge. 744. Trial to be before the court, without a jury.