§ 63. Recorder of a city to hold court.

a city has power to hold a court of special sessions therein. See People v. French, 32 Hun, 116; People v. Cooper, 42 id. 197.

CHAPTER II.

THE SPECIAL SESSIONS IN THE CITY AND COUNTY OF NEW YORK.

SECTION 64. Jurisdiction.

65. Officers, how appointed.

66. Term of office.

67. Court, when held.

§ 64. Jurisdiction. The court of special sessions in the city and county of New York has jurisdiction:

1. To try and determine according to law all complaints for misdemeanors, unless the defendant elects to be tried at the court of general sessions, or the court of special sessions sends the case to the court of general sessions for trial;

2. To remit fines imposed by it, and in place of the fine remitted, substitute, in its discretion, imprisonment.

3. By an order entered in its minutes, to declare forfeited the recognizance of a defendant, taken by the court, to appear thereat, upon his failure so to appear;

4. To impose the same punishment as is authorized by statute to be inflicted in like cases tried in the court of general sessions of the peace of that city and county;

5. By warrant attested in the name of any one of the justices authorized to hold the court, signed by the clerk thereof, and entered in the minutes of the court, to enforce its judgments and orders; to bring before the court all accused persons for trial and judgment in all cases in which it has jurisdiction; to issue subpœnas for the attendance of witnesses, attachments for contempt, and other process necessary for the proper conduct of the court;

6. To require the principal in a recognizance to appear at the court, and enter into a further recognizance to keep the peace, or to be of good behavior, or both, toward the people of the state, for a period not exceeding one year, and in default thereof to commit him to prison till he be discharged therefrom according to law.

See Greater New York charter (Laws 1897, chap. 378, § 1291, as amended Laws 1901, chap. 466, Laws 1903, chap. 159.

5

See Laws 1858, chap. 282; Laws 1859, chap. 491; Laws 1865, chap. 563; Laws 1866, chap. 409; Laws 1871, chap. 302; Laws 1870, chap. 30; Laws 1870, chap. 983, § 49; People v. Hogan, 123 N. Y. 219; 55 Hun, 394; Matter of Bray, 34 State Rep'r, 642.

The court of special sessions have no jurisdiction of a prisoner who, on his committal, entered into a recognizance to appear at general sessions. People, ex rel. Doyle, v. Johnson, 10 Abb. 294; 19 How. 11.

Three justices are necessary to constitute a court of special sessions in the city of New York. Laws 1858, chap. 282.

Hence & commitment and conviction by two only is void as without jurisdiction. Devine's Case, 11 Abb. 90; 21 How. 80; 5 Park. 62.

The special sessions cannot acquire jurisdiction to try a prisoner for a crime unless he expressly waives the right to be tried by a jury. People v. Mallon, 39 How. 454.

Petit larceny is triable under this section. People v. Finn, 87 N. Y. 533. As to right of police magistrates to commit disorderly persons since Pena! Code took effect, see Matter of McMahon, 64 How. Pr. 285; 1 N. Y. Cr. Rep.

57.

In People v. Finn, 87 N. Y. 533, the warrant of commitment issued upon a judgment of the court of special sessions stated that the defendant was convicted of the "misdemeanor of petit larceny." Held, a sufficient description of the offense.

§ 65. Officers, how appointed. The police justices of the city and county of New York, by the vote of a majority, have the exclusive power to appoint the clerk, deputy clerk, stenographer, interpreter and other officers of the court of special sessions in the city and county of New York.

§ 66. Term of office. The term of office of the clerk and deputy clerk of the court of special sessions in the city and county of New York is the same as the term of office of the police justices of that city.

§ 67. Court, when held. The court of special sessions in the city and county of New York, may be held as often and at such times as the justices thereof may think expedient.

CHAPTER III.

THE SPECIAL SESSIONS IN THE CITY OF ALBANY.

SECTION 68. Jurisdiction.

69. By whom held.

SECTION 70. Inability of judge.

71. Officers to attend.

72. Clerk.

73. Court, when and where held.

§ 68. Jurisdiction. The court of special sessions in the city of Albany has jurisdiction:

1. To try and determine all cases of petit larceny charged as a first offense, and all misdemeanors, not being infamous crimes, committed within the city, when a person accused of such crime or misdemeanor demands to be tried before such court of special sessions held by the recorder of said city, instead of before a police justice;

2. To take recognizances, to appear before the court at a succeeding term from persons charged with a crime or misdemeanor, triable therein;

3. To impose and enforce sentence of fine or imprisonment, or both, in the discretion of the court, in all cases within its jurisdiction, upon conviction, to the same extent as the county court of the county of Albany could do in like cases;

4. To punish a contempt of court in the same manner and to the same extent as the supreme court could do in like cases.

5. In cases where a jury trial is demanded by a defendant, to draw from the jury box containing the names of jurors who reside in the city of Albany such number of names as the recorder or county judge may direct, and to require the sheriff of the county to summon the persons so drawn to appear at the time designated for trial, to impanel a jury of twelve men, to require the attendance of additional jurors and to punish a juror or witness neglecting to appear, in the same manner and to the same extent as the supreme court could do in like cases.

6. On motion of the district attorney, to issue a warrant for the arrest of a person who neglects to appear agreeably to the requirements of a recognizance to appear thereat, commanding the officer executing the same to bring the party forthwith before the court, if in session, otherwise to commit him to the common jail of the county, there to remain until delivered by due course of law.

Amended; Laws 1900, chap. 645; in effect, as amended, April 24, 1900. Under subdivision 1, the publication of a libel is not an "infamous crime." People v. Parr, 42 Hun, 316; 4 N. Y. Cr. Rep. 545.

$69. By whom held. Upon charges for offenses triable by this court, the police magistrate or any other magistrate in the city

hearing the same, shall, if offered, take recognizances in the cases provided by law returnable at the court of special sessions; and all such recognizances as shall have been so taken shall be returned to and filed with the district attorney of the county of Albany. If no such recognizance be offered, the magistrate or magistrates shall commit the defendant to the common jail of the county of Albany until he shall be thence delivered in due course of law, and the trial of such person shall be had before the court of special sessions, except that where a police justice or other magistrate in this city has jurisdiction, the defendant may elect to be tried before such police justice or other magistrate.

§ 70. Inability of judge. Whenever a person is brought before a police justice or other magistrate of the city, charged with any of the following crimes, viz.: Petit larceny charged as a first offense, offenses against the laws relating to excise and the regulation of taverns, inns and hotels, offenses being misdemeanors against the laws relating to gaming, assaults upon, and interference with a public officer in the discharge of his duty, and it shall appear to the magistrate that the crime has been committed and that there is sufficient cause to believe the defendant guilty thereof, the magistrate must order him to be held to answer the charge before the court of special sessions.

71. Officers to attend.-The court of special sessions in the city of Albany must be held by the recorder of the city, with or without one or more of the justices of the peace to be associated with him. In case of the absence or inability of the recorder to act, the county judge of the county of Albany must act in his place. If the recorder and county judge are both unable, by reason of absence or other cause, to hold the court, the clerk must adjourn the court to the next following Tuesday, and continue such adjournments until the recorder or county judge attends. Not more than two officers shall be designated or appointed by the sheriff or other authority to attend the court of special sessions of the city of Albany, unless the court shall, by an order entered in its minutes, require the attendance of a greater number.

§ 72. Clerk.-The county clerk of Albany county is clerk of the court of special sessions of the city of Albany, and must attend the same in person or by deputy.

§ 73. Court, when and where held. The court of special sessions of the city of Albany must be held at the city hall in the city of Albany on Tuesday of each week, and may be held and continued for such length of time as it deems proper.

CHAPTER IV.

THE POLICE COURTS

SECTION 74. Jurisdiction.
75-77. Repealed.

78. Compensation of justice.

§ 74. Jurisdiction.- Police justices have such jurisdiction, and such only, as is specially conferred upon them by statute. The courts held by police justices are called police courts, and courts of special sessions are also called police courts, and are so designated in different parts of the Code.

See Matter of McMahon, 64 How. Pr. 285; 1 N. Y. Cr. Rep. 446.

No appeal lies from the judgment of a police justice unless a village charter or special statute confers such right. People v. Trumble, 29 Hun, 205; 1 N. Y. Cr. Rep. 443.

$$ 75-77. Repealed 1897, ch. 414. In effect July 1, 1897.

§ 78. Compensation of justice.-A police justice cannot retain to his own use any costs or fees, but may receive for his services an annual salary, to be fixed in villages by the board of trustees, and in cities by the common council, except where the same is otherwise fixed by law; and such salary shall not be increased or decreased during his term of office.