§ 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 cach 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 compen sation shall be received for attending the court during a session of the legislature. TITLE III. OF THE SUPREME COURT. SECTION 22. Its jurisdiction. 24. Writ of process. § 21. [Repealed; Laws 1895, chap. 880; takes effect Jan. 1, 1896.] § 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 of 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. Amended; Laws 1895, chap. 880; in effect, as amended, Jan. 1, 1896. The organization of courts of oyer and terminer, with the exception that a justice of the supreme court must preside, is within the control of the legislature. People v. Bork, 96 N. Y. 198. These courts are of superior criminal jurisdiction, and every thing necessary to confer jurisdiction over defendant's person is presumed. People v. Cavanagh, 2 Abb. Pr. 84; reversing 1 Park. 588; 2 id. 650. May try an indictment found in the sessions, without an order of the sessions, sending it there for trial. People, ex rel. Sherwin, v. Mead, 28 Hun, 227; 64 How. 41; 92 N. Y. 415; People v. Myers, 2 Hun, 626; People v. Gay, 10 Wend. 509; People v. Quimbo Appo, 20 N. Y. 577; People v. Sessions, 3 Barb. 144. An indictment for murder found in general sessions may be transferred to oyer and terminer for trial. Thompson v. People, 6 Hun, 135; Dolan v. People, id. 493; 64 N. Y. 485. An indictment found in the oyer and terminer and remitted to the sessions, may be again remitted back to the former court for trial. People v. Gay, 10 Wend. 509. An indictment sent to the oyer and terminer by the general sessions, may be tried at any time thereafter, though ordered to be sent to the next court of oyer and terminer. Neal v. People, 42 N. Y. 270; 55 Barb. 551; 8 Abb. (N. S.) 314. A court of oyer and terminer had no power, by the common law, to grant new trials upon the merits, after conviction, in a capital case, nor it seems, in any case of felony. 6 T. R. 625; Chit. Crim. Law, 532; Appo v. People, 20 N. Y. 531; People v. Townsend, 1 Johns. Cas. 104; Col. & Cr. Cas. 73; Noah's Case, 3 C. H. Rec. 13; People v. Comstock, 8 Wend. 549; People v. Dutchess (O and T.), 2 Barb. 282. See, also, Willis v. People, 32 N. Y. 715; 5 Park. 621; People v. Morrison, 1 id. 625. The judge has no power to adjourn the oyer and termindr to another place within the district, than that appointed for holding the court. Northrup v. People, 37 N. Y. 203, reversing 50 Barb. 147. The supreme court judge assigned to hold the oyer and terminer cannot adjourn the court to a future day by a written order to the sheriff without being present in court; but such adjournment may be ordered by any judge present. People v. Clews, 4 Abb. N. C. 256. The oyer and terminer has jurisdiction of a murder committed by a soldier in the actual service of the general government, within the body of the county; that a court-martial has concurrent jurisdiction makes no difference. People Gardiner, 6 Park. 143. V. § 23. [Repealed; Laws 1895, chap. 880; in effect Jan. 1, 1896.] § 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. Amended; Laws 1895, chap. 880; in effect, as amended, Jan. 1, 1896. § 25. [Repealed; Laws 1895, chap. 880; in effect Jan. 1, 1896.] TITLE IV. OF THE CITY COURTS. CHAPTER I. The city courts. II. General provisions relating to city courts. S$ 26-30. [Repealed; Laws 1895, ch. 880; in effect Jan. 1, 1896.] CHAPTER I. THE CITY COURTS. SECTION 31. City courts. 32. By whom held. § 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. Amended; Laws 1895, chap. 880; in effect, as amended, 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. SECTION 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. Amended; Laws 1895, chap. 880; in effect, as amended, 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. In effect, as amended, Jan. 1, 1896; Laws 1895, chap. 880. § 35. Indictments, when to be 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. Amended; Laws 1895, chap. 880; in effect, as amended, 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. TITLE V. OF THE COUNTY COURTS. CHAPTER II. The county courts in counties other than New York. III. The court of general sessions of the city and county of New SS 37-38. [Repealed; Laws 1895, chap. 880; in effect Jan. 1, |