§ 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.

§ 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.

§ 19. Adjournments, 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.

§ 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 compensation 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.

TITLE III.

Of the Courts of Oyer and Terminer.

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

Repealed by ch. 880 of 1895. In effect Jan. 1, 1896.

There is in

§ 21. Court of oyer and terminer in each county. each of the counties of this state, except that for this purpose Ful

ton and Hamilton are deemed one county, a court of oyer and terminer, with the jurisdiction conferred by the next section and no other, but nothing contained in this section affects its jurisdiction in actions or proceedings now pending therein.

It is a continuous court. Appo People, 20 N Y. 531; Naughton v. People, 7 Abb. (N. S.) 421; People v. Palmer, 109 N. Y. 415, 416; People ex rel. Sherwin v. Mead, 92 id 415; People v. Bork. 96 id. 188.

§ 22. 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 jurisdiction 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 is proper to be tried therein.

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.

6. By an order, entered in its minutes, to send any indictment found therein for a crime triable at the county court or the court of general sessions of the city and county of New York, to such court. 7. To grant new trials in all cases tried therein.

8. To let to bail any person committed, before and after indictment found upon any criminal charge whatever.

9. To exercise the powers conferred upon it by other provisions of this Code and by special statutes. [AM'D BY CH. 880 OF 1895. In effect Jan 1, 1896.]

Court cannot adjourn to place not appointed for holding. Northrup v Peo., 37 N. Y. 203. See § 41, 343 to 353, 465. post. Peo. v Bork, 96 N. Y. 188; Peo. ex rel. Sherwin e. Mead, 28 Hun, 227; 61 How. 41; 92 N. Y. 415; Peo. v. Ostrander, 29 Hun, 513; 1 N. Y. Cr. 274; 17 W. Dig. 373; Peo. v. Myers, 2 Hun, 626; Dolan v. Peo. 6 id. 493; 64 N. Y. 485; Thompson v. Peo 6 Hun, 135; Peo. v. Gay, 10 Wend. 509; Peo. v. Appo. 20 N. Y. 577; Peo. Sessions, 3 Barb. 144; Peo. v. Cavanaugh, 2 Abb. 84; Neal v Peo. 42 N. Y. 470; Peo. v. Clews, 4 Abb. N. C. 256; Peo. v. Gardner, 6 Park. 143; Peo. v. Palmer, 109 N. Y. 415, 416.

Repealed by ch. 880 of 1895. In effect Jan. 1, 1896.

§ 23. By whom held.—A court of oyer and terminer is held by a justice of the supreme court, without an associate.

Art. 6, § 7, N. Y. Const; see Smith v. People, 47 N. Y. 330; see § 962, post. People v. Bork, 31 Hun, 363; 96 N. Y. 188; 2 N. Y. Cr. 177; People ex rel. Bork v. Gilbert, I N. Y. Cr. 398; People v. Shaw, 63 N. Y. 36; Cancemi's case, 18 id. 128; People v Ilovey, 92 id. 554; 1 N. Y. Cr. 282; People v. Cornetti, 92 N. Y. 85; People v. Miller, 2 Park. 197; People v. Ostrander, 29 Iun, 513; 1 N. Y. Cr. 274; 17 W. Dig. 373.

§ 24. Writ of process.- A writ of process issued out of the supreme court must be tested in the name of a justice of the supreme court of the district, and may be directed by the court into any county of the state, as occasion requires. [AM'D BY CH. 880 OF 1895. In effect Jan. 1, 1896.]

Repealed by ch. 880 of 1895. In effect Jan. 1, 1896.

§ 25. Clerk.- Except the clerk of the county of New York, the clerk of each county is, by virtue of his office, the clerk of the court of oyer and terminer held therein.

Repealed by ch. 880 of 1895. In effect Jan. 1, 1896.

§ 26. Jurisdiction. The city court of Brooklyn has criminal jurisdiction:

1. To the same extent and in the same manner, and with the same power as a court of oyer and terminer in the county of Kings in the indictment and trial of all offenses committed in the city of Brooklyn, whenever a bill of indictment for any such offense has been transmitted to the court by the court of sessions or court of oyer and terminer of the county of Kings;

2. To remand any such indictment to the court of sessions or court of oyer and terminer of the county of Kings;

3. To prosecute a forfeited recognizance taken by the court of sessions or court of oyer and terminer of Kings county and binding the party or parties and witnesses to such indictment to appear in the city of Brooklyn.

See 12, art. 6 of State Const.; § 307-313 of Code of Civil Procedure.

Repealed by ch. 880 of 1895. In effect Jan. 1, 1896.

§ 27. By whom held.— Any one of the judges of the city court of Brooklyn may hold a court of criminal jurisdiction.

Repealed by ch. 880 of 1895. In effect Jan. 1, 1896.

§ 28. Jurisdiction. The superior court of Buffalo has criminal jurisdiction:

1. To inquire by a grand jury of all crimes committed in the city of Buffalo;

2. To try and determine all indictments found therein, or sent thereto by another court for a crime committed in that city;

3. To send any indictment pending therein undetermined to the court of oyer and terminer or to the court of sessions of the county of Erie to be determined according to law;

4. At a general term thereof exclusively to review upon motion on the indictment, with or without a bill of exceptions, its decisions and judgments, and grant new trials.

See ji 292 to 300 of Code of Civil Pro.; People v. Dimick, 107 N. Y. 13, 33; 41 Hun, 633; 5 N. Y. Cr. 200.

Repealed by ch. 880 of 1895. In effect Jan. 1, 1896.

§ 29. By whom held.-- The court for the trial of indictments and the transaction of criminal business other than specified in subdivision 4 of the last section, may be held by any one of the justices thereof.

See § 295, 296 of Code of Civ. Pro.

Repealed by ch. 880 of 1895. In effect Jan. 1, 1896.

30. Terms.-There must be at least four terms of the court for the trial of indictments and the transaction of criminal business held in each year, to be appointed as prescribed in section 280 of the Code of Civil Procedure.

See §§ 295, 296 of the Code of Civil Procedure.

§ 31. City courts.— The city courts having original criminal jurisdiction, are the recorder's court of Utica, the recorder's court of Oswego, and the mayor's court of Hudson. Their jurisdiction in criminal matters is defined by special statutes, and continues as thus defined. [AM'D BY CHAP. 880 OF 1895. In effect Jan 1, 1896.]

§ 32. By whom held.- These courts for the exercise of their criminal jurisdiction must be held by the following officers:

1. The city courts of Utica and Oswego by the recorders of those cities respectively;

2. The mayor's court of Hudson, by the mayor of that city.

CHAPTER II.

GENERAL PROVISIONS RELATING TO CITY COURTS.

SEC. 33. Indictments for offenses punishable with death to be sent to the supreme court.

34. Indictments for crime not punishable by death.
35. Indictments when to be sent to city court.

36. Court continued beyond terms.

§ 33. Indictments for offenses punishable with death, etc.When an indictment is found at a city court for a crime punishable with death, the court may send it to the next trial term of the supreme court held in the county. [AM'D BY CH. 880 OF 1895. In effect Jan. 1, 1896.]

§ 34. Indictments for crime not punishable by death.—A city court may also send an indictment found therein and remaining undetermined for a crime not punishable with death to the next trial term of the supreme court of the same county, to be determined according to law. But that court, if, in its opinion, the same is not proper to be tried therein, may remit it back to the court by which it was sent, which must proceed thereon as if it had remained there. [AM'D BY CH. 880 OF 1895. In effect Jan. 1, 1896.]

§ 35. Indictments when sent to city court. When an indictment is found in the supreme court in a county embracing any of the cities in which a city court having original criminal jurisdiction is established, for an offense committed in that city, the court in which it was found may send it to the next city court in which it is triable, which must proceed to try and determine the indictment as if it had been found therein. [AM'D BY CHAP. 880 OF 1895. In effect Jan. 1, 1896.]

§ 36. Court continued beyond terms. If the trial of a cause be commenced before the expiration of the term of a city court the court may be continued beyond the term, to the completion of the trial and the rendering of judgment on the verdict.