§ 959. Definition of "magistrate."- Unless when otherwise provided, the term "magistrate" signifies any one of the magistrates mentioned in section 147. § 960. Definition of "peace officer."-Unless when otherwise provided, the term "peace officer" signifies any one of the officers mentioned in section 154. § 961. Definition of "county court".-The term "county court” includes "the court of general sessions in the city and county of New York," wherever such inclusion does not conflict with other provisions of this Code. [AM'D BY CH. 880 OF 1895. In effect Jan. 1, 1896.] § 962. To what actions and proceedings this Code applies.— This Code applies to criminal actions, and to all other proceedings in criminal cases which are herein provided for, from the time when it takes effect; but all such actions and proceedings, theretofore commenced, must be conducted in the same manner as if this Code had not been passed; except that if in any local statute confined, by its terms, to a town or village or to a county or city other than the city and county of New York, any proceeding is prescribed, in addition to those prescribed by this Code and not inconsistent with it, the same shall remain unaffected by it. See 719 of Penal Code. Willett v. People, 27 Hun, 471; Ostrander v. People, 28 id. 48; 29 id. 513; 1 N. Y. Cr. 274; People ex rel. Sherwin e. Mead, 92 N. Y. 415; 28 Hun, 431; 64 How. 41; Com'rs, etc. v. Hammill, 33 Hun, 348; People v. Holmes, 41 id. 55; 5 N. Y. Cr. 130; Matter of McMahon, 1 N. Y. Cr. 58; 64 How. 285; People v. Hovey, 92 N. Y. 558; 1 N. Y. Cr. 282; McKeon v. People, 94 N Y. 648; 1 N. Y. Cr. 456; People v. Bork, 96 N. Y. 188; 2 N. Y. Cr. 56, 177; People v. Beckwith, id. 29, People v. Augsburgh, id. 561; People v. Sessions, 10 Abb. N. C. 192; 62 How. 415. § 963. When Code to take effect. This Code shall take effect on the first day of September, 1881. When construed in connection with other statutes, it must be deemed to have been enacted on the fourth day of January, eighteen hundred and eighty-one, so that any statute enacted after that day is to have the same effect as if it had been enacted after this Code. Willett v. People, 27 Hun, 470; Matter of McMahon, 1 N. Y. Cr. 58; 64 How. 284; People v. Welch, 1 N. Y. Cr. 488; People v. Jefferson, 101 N. Y. 20; 3 N. Y. Cr. 575; People v. Petrea, 92 N. Y. 128; People v. Sessions, 10 Abb. N. C. 192; 62 How. 415; People ex rel. Van Houton v. Sadler, 2 N. Y. Cr. 439; Matter of Ramscar, 1 N. Y. Cr. 33; 10 Abb. N. C. 442; 63 How. 285; Matter of Waters, 66 How. 174. when jury discharged by reason of, new trial may be had.............. 430 of persons employed by governor, on return of fugitives from justice... 836 |