city and county of New York, to the recorder or a judge authorized to hold a court of general sessions in that city, and may apply thereon for the allowance of the appeal. See People v. McGann, 43 Hun, 57; People, ex rel., v. Beatty, 4 N. Y. Cr. Rep. 287; 39 Hun, 477. § 752. How allowed.- If, in the opinion of the judge, it is proper that the question arising on the appeal should be decided by the court of sessions, he must indorse on the affidavit an allowance of the appeal to that court. See People, ex rel. Baker, v. Beatty, 4 N. Y. Cr. Rep. 287; 39 Hun, 477. $753. Discharge of defendant from custody, upon undertaking. Upon allowing the appeal, the judge may take from the defendant a written undertaking, with such sureties as he may approve, that the defendant will abide the judgment of the court of sessions upon the appeal; and may thereupon order that he be discharged from imprisonment, on service of the order upon the officer having him in custody, or if he be not in custody, that all proceedings on the judgment be stayed. 8754. Undertaking, when and with whom filed. The undertaking upon the appeal must be immediately filed with the clerk of the court of sessions. 755. Delivery of affidavit, and allowance of appeal, to magistrate or clerk of police court, within five days after allowance. The affidavit and allowance of the appeal must be delivered to the magistrate, or clerk of the court rendering the judgment, within five days after the allowance of the appeal, and when so delivered the appeal is deemed taken. 756. Return, when and how made. — The magistrate or court rendering the judgment, must make a return to all the matters stated in the affidavit, and must cause the affidavit and return to be filed in the office of the clerk of the court of sessions, within ten days after the service of the affidavit and allowance of the appeal. In People v. McGann, 43 Hun, 57, the court say: "When the appeal is taken must be presumed the appellant knows what alleged errors he wants to review. The return is made with reference to such errors only. If this be not true, all sorts of technical objections may be urged upon appeal when but one worthless objection is alleged in the affidavit. It should be presumed that the proceedings were legal and valid unless it is affirmatively shown that they are otherwise." 8757. Compelling return. If the return be not made within the time prescribed in the last section, the court of sessions, or the presiding judge thereof, may order that a return be made within a specified time which may be deemed reasonable; and the court may, by attachment, compel a compliance with the order. § 758. Ordering and compelling further or amended return. If the return be defective, a further or amended return may be ordered, and the order may be enforced in the manner provided in the last section. § 759. Appeal, by whom and how brought to argument. When the return is made, the appeal may be brought to argument by the defendant, on any day in term, upon a notice of not less than five days before the term, to the district attorney of the county. § 760. If not brought to argument, as provided in last section, to be dismissed, unless continued for cause shown If the defendant omit to bring the appeal to argument, as pro vided in the last section, the court must dismiss it, unless it con tinue the same, by special order, for cause shown. 761. Service of return on district attorney, and con The defendant must serve upon th sequences of failure. district attorney, a copy of the return, with or before the notic of argument. If he fail to do so, the appeal must be dismisse upon proof of the failure, unless the court otherwise direct. § 762. If brought to hearing by defendant, appeal mu be argued, though no one oppose, etc. If the appeal 1 brought to hearing by the defendant, it must be argued, thoug no one appear to oppose; but if brought on by the district atto ney, he may take judgment of affirmance, unless the defenda appear to argue the appeal. 763. Appeal to be heard on original return. T appeal must be heard upon the original return; and no co thereof need be furnished for the use of the court. After hearing § 764. What judgment may be rendered. the appeal the court must give judgment without regard to technical errors or defects which have not prejudiced the substantial rights of the defendants, and may render the judgment which the court below should have rendered, or may, according to the justice of the case, affirm or reverse the judgment, in whole or in part, as to all or any of the defendants, if there be more than one, or may order a new trial, or may modify the sentence. See People, ex rel. Stokes, v. Risley, 38 Hun, 282; 4 N. Y. Cr. Rep. 111; People v. Cutler, 28 Hun, 465; 1 N. Y. Cr. Rep. 178; People v. McIntosh, 5 id. 39; People v. Harris, 28 N. Y. State Rep. 301; People v. Upton, 29 id. 779; People v. Moore, 50 Hun, 359; People v. Starks, 17 N. Y. State Rep. 237, 238. $765. Judgment to be entered on the minutes.- When judgment is given upon the appeal, it must be entered upon the minutes. $766. Order upon judgment for affirmance. If the judgment be affirmed, the court must direct its execution, and if the defendant be discharged on bail, after the commencement of the execution of a judgment of imprisonment, must commit him to the proper custody for the remainder of his term of imprison ment. §767. Order upon judgment of reversal. — If the judg ment be reversed, and the defendant be imprisoned in pursuance of the judgment of the police court, the court of sessions must order him to be discharged. See People v. 1rumble, 1 N. Y. Cr. Rep. 446. $768. If new trial ordered, to be had in court of sessions; proceedings thereon.-If a new trial be ordered, it must be had in the court of sessions, in the same manner as upon an issue of fact on an indictment; and that court may proceed to judgment and execution, as in an action prosecuted by indictment. But where the appeal was from a judgment of commitment made under section two hundred and ninety-one of the Penal Code, the ew trial shall be had before the court of sessions without a jury. $769. Proceedings to carry judgment upon appeal nto effect, to be had in court of sessions.- If any proceedings be necessary to carry the judgment upon the appeal into effect, they must be had in the court of sessions. § 770. On judgment of court of sessions, defendant may appeal to supreme court; his admission to bail.—If the judgment on the appeal be against the defendant, he may appeal therefrom to the supreme court, in the same manner as from a judgment in an action prosecuted by indictment, and may be admit ted to bail upon the appeal, in like manner. See People v. Trumble, 1 N. Y. Cr. Rep. 447; People, ex rel., v. Court of Seasions, 45 Hun, 54. No appeal can be taken by the people from a judgment of a court of sessions reversing, on an appeal taken thereto, a judgment of a court of special sessions, convicting the defendant of an assault. People v. Snyder, 44 Hun, 193. § 771. Judgment of supreme court upon appeal, final.— The judgment of the supreme court upon the appeal is final, except that where the original appeal was from a judgment of com mitment of a child, either party may appeal to the court of appeals in like manner as a defendant under section five hundred and nineteen of this Code. See People, ex rel., v. Court of Sessions, 45 Hun, 54; People v. Snyder, 4 id. 193. § 772. Proceedings to carry into effect judgment o supreme court. The same proceedings must be had, to carr into effect the judgment of the supreme court upon the appea as if it had been taken upon a judgment in an action prosecute by indictment. PART VI. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE. TITLE I. OF CORONERS' INQUESTS, AND THE DUTIES OF CORONERS, III. OF THE OUTLAWRY OF PERSONS CONVICTED OF TREASON. V. OF PROCEEDINGS RESPECTING BASTARDS. VI. OF PROCEEDINGS RESPECTING VAGRANTS. VII. OF PROCEEDINGS RESPECTING DISORDERLY PERSONS. PERSONS. IX. OF PROCEEDINGS RESPECTING MASTERS, APPRENTICES AND SERVANTS. X. OF CRIMINAL STATISTICS. XI. MISCELLANEOUS PROVISIONS RESPECTING PROCEEDINGS TITLE I. OF CORONERS' INQUESTS, AND THE DUTIES OF CORONERS. SECTION 773. In what cases coroner to summon a jury; number of jurors to be summoned. 774. Jury to be sworn. 775. Witnesses to be subpoenaed. 776. Compelling attendance of witnesses, and punishing their dis obedience. 777. Verdict of the jury. 778. Testimony, how taken and filed. 779. If defendant arrested before inquisition filed, depositions to be delivered to magistrate, and by him returned. 780. Warrant for arrest of party charged by verdict. 781. Form of warrant. 782. Warrant, how executed. 783. Proceedings of magistrate, on defendants being brought before 784. Clerk with whom inquisition is filed, to furnish magistrate with county treasurer. |