the charge has been preliminarily examined before a mag the testimony reduced by him to the form of a deposition ence of the defendant, who has, either in person or by cou examined, or had an opportunity to cross-examine the where the testimony of a witness on the part of the peop taken according to the provisions of section two hundred teen of this Code, the deposition of the witness may be rea being satisfactorily shown to the court that he is dead or cannot with due diligence be found in the state.

9. Second prosecution for the same crime prohib person can be subjected to a second prosecution for a which he has once been prosecuted, and duly convicted or

10. No person to be a witness against himself, unnecessarily restrained. No person can be compelled in nal action to be a witness against himself, nor can a person with crime be subjected, before conviction, to any more than is necessary for his detention to answer the charge.

I. OF THE COURTS OF ORIGINAL CRIMINAL JURISI
IN GENERAL.

II. OF THE COURT FOR THE TRIAL OF IMPEACHMENT
III. OF THE COURTS OF OYER AND TERMINER.

IV. OF THE CITY COURTS.

V. OF THE COURTS OF SESSIONS.

VI. OF THE COURTS OF SPECIAL SESSIONS AND P

OF THE COURTS OF ORIGINAL CRIMINAL JURISDICTION IN GENI

11. Of the courts of original criminal jurisdiction. The lowing are the courts of justice in this state having original juri tion of criminal actions:

1. The court for the trial of impeachments;

3 10. Clerks and officers. The clerk and officers of the senate are the clerk and officers of the court for the trial of impeachments.

3 R. S. 182, § 3.

§ 16. Seal of the court. The seal .of the court for the trial of impeachments now deposited and recorded in the office of the secretary of state shall continue to be the seal of this court and must be kept in the custody of the clerk of the senate.

Id. 182, § 3.

§ 17. Time of holding the court. Upon the delivery of an impeachment from the assembly to the senate the president of the senate must cause the court to be summoned to meet at the capitol in the city of Albany, on a day not less than thirty nor more than sixty days from the day of the delivery of the articles of impeachment. 3 R. S. 183, § 10.

§ 18. Oath to members of the court. At the time and place appointed, and before the court proceeds to act upon the impeachment, the clerk must administer to the presiding judge, and the presiding judge to each of the members of the court then present, an oath or affirmation truly and impartially to try and determine the impeachment; and no member of the court can act or vote upon the impeachment, or any question arising thereon, without having taken this oath or affirmation.

Id. § 14.

§ 19. Adjournment, etc. The court may adjourn from time to time and hold its sessions at such places as it may determine, but no more than two sessions of the court can be held during the recess of the legislature in any one year.

Id. § 15.

§ 20. Compensation of members and officers of the court. The writ and process of the court must be signed by the clerk and tested in the name of the president of the senate. The president of the senate and each senator are entitled to receive for their services and expenses while actually attending the court the same rate of compen. sation as an associate judge of the court of appeals is entitled by law to receive for his services and expenses as such judge for the same time. The other officers of the court, excepting the judges of the court of appeals, are entitled to the same compensation for their attendance thereon, and for traveling to and from the place where it is held, as is allowed them for attending a meeting of the senate, but no such compensation shall be received for attending the court during a session of the legislature.

8 R. S. 459, ff 7, 9.

TITLE III.

OF THE SUPREME COURT.

SECTION 21. Court of oyer and terminer in each county.

22. Its jurisdiction.

23. By whom held.

24 Writ or process.
25. Clerk.

§ 21. (repealed 1895.)

§ 22. [am'd 1895.] Its jurisdiction. The supreme court has jurisdiction:

1. To inquire, by the intervention of a grand jury, of all crimes committed or triable in the county; but in respect to such minor crimes as courts of special sessions or police courts have exclusive jurisdictions to hear and determine, in the first instance, the jurisdiction of the supreme court attaches only after the certificate mentioned in section fifty-seven of this code.

2. To try and determine all such crimes and to try all persons indicted for the same.

3. To deliver the jails of the county, or city and county, according to law, of all prisoners therein.

4. To try any indictment found in any county court, or the court of general sessions of the city and county of New York, which has been sent by order of the county court or general sessions to and received of the supreme court, or which has been removed from any court into the supreme court, if, in the opinion of that court, it proper to be tried therein.

is

5. To exercise the same jurisdiction as a county court in a cause or proceeding transferred according to sections forty and forty-one of this code.