impeachment; or may then, or at any other time which it may appoint, proceed in the absence of the defendant, to trial and judgment. § 122. Defendant may object to sufficiency of, or deny, impeachment. When the defendant appears, he must answer the articles of impeachment; which he may do, either by objecting to their sufficiency, or that of any article therein, or by denying the truth of the same. § 123. Form of objection or denial.-If the defendant object to the sufficiency of the impeachment, the objection must be in writing, but need not be in any specific form; it being sufficient if it present intelligibly the grounds of the objection. If he deny the truth of the impeachment, the denial may be oral, and without oath, and must be entered upon the minutes. § 124. Proceedings thereon. If an objection to the sufficiency of the impeachment be not sustained by a majority of the members of the court who heard the argument, the defendant must forthwith answer the articles of impeachment. If he plead guilty, or refuse to plead, the court must render judgment of conviction against him. If he deny the matters charged, the court must, at such time as it may appoint, proceed to try the impeachment, and may adjourn the trial from time to time until concluded. See Section 6, Art. 1, of State Constitution. § 125. Two-thirds necessary to conviction.-The defendant cannot be convicted on an impeachment, without the concurrence of two-thirds of the members present during the trial; and if such two-thirds do not concur in a conviction, the defendant must be declared acquitted. See Section 1, Art. 6, of State Constitution. § 126. Judgment on conviction, how pronounced.-After conviction, the court must immediately, or at such other time as it may appoint, pronounce judgment, in the form of a resolution, entered upon the minutes of the court. The vote upon the passage thereof must be taken by yeas and nays, and must also be entered upon the minutes. § 127. Adoption of resolution.-On the adoption of the resolution, by a majority of the members present, who voted on the question of acquittal or conviction, it becomes the judgment of the court. § 128. Nature of the judgment.-Upon conviction, the judg ment must be either 1. That the defendant be removed from office; or 2. That he be removed from office and disqualified to hold and enjoy a particular office or class of offices, or any office of profit, trust or honor whatever under this state. See Section 1, Art. 6, of State Constitution. $129. Officer, when impeached, disqualified to act until acquitted.-No officer shall exercise his office, after articles of impeachment against him shall have been delivered to the senate, until he is acquitted. See Section 1, Art. 6, of State Constitution. $130. Presiding officer, when president of the senate is impeached. If the president of the senate be impeached, notice of the impeachment must be immediately given to the senate by the assembly, that another president may be chosen. § 131. Impeachment not a bar to indictment.-If the offense for which the defendant is impeached be a crime, the prosecution thereof is not barred by the impeachment. See Section 1, Art. 6, of State Constitution. TITLE II. OF THE REMOVAL OF JUSTICES OF THE PEACE, POLICE JUSTICES, AND JUSTICES OF JUSTICES' COURTS AND THEIR CLERKS. § 132. Justices of the peace, police justices, justices of justices' courts, and their clerks, are removable by the appellate division of the supreme court. Am'd by chap. 880 of 1895. In effect January 1, 1896. By Section 18, Art. 6, of the State Constitution, justices of the peace, judges and justices of inferior courts, not of record, and their clerks, may be removed, after due notice and an opportunity of being heard, by such courts as may be prescribed, for cause to be assigned in the order of removal. See Matter of King, 25 St. Rep., 794; 6 N. Y. Supp., 421; 2 Silv. (Sup. Ct.), 357. In pursuance of this Constitutional provision, the Supreme Court, at general term, was designated by this section for this purpose. Id. A like power of removal, given by the Legislature to the mayor of a city, does not oust the supreme court of the jurisdiction conferred by this section under the Constitution. Id. For mode of procedure in such proceedings, see the above cited case. PART IV. OF THE PROCEEDINGS IN CRIMINAL ACTIONS PROSECUTED BY TITLE INDICTMENT. I. OF THE LOCAL JURISDICTION OF PUBLIC OFFENSES. II. OF THE TIME OF COMMENCING CRIMINAL ACTIONS. III. OF THE INFORMATION, AND PROCEEDINGS THEREON TO THE COMMITMENT INCLUSIVE. IV. OF THE PROCEEDINGS AFTER COMMITMENT, AND BEFORE INDICT MENT. V. OF THE INDICTMENT. VI. OF THE PROCEEDINGS ON THE INDICTMENT BEFORE TRIAL. VIII. OF THE PROCEEDINGS AFTER TRIAL, AND BEFORE JUDGMENT. X. GENERAL PROVISIONS RELATING TO PUNISHMENT OF CRIME. XII. OF MISCELLANEOUS PROCEEDINGS. TITLE I. OF THE LOCAL JURISDICTION OF PUBLIC OFFENSES. SECTION 133. When a person leaves this state to elude its law. 134. When a crime is committed partly in one county and partly in another. 135. When a crime is committed on the boundary of two or more counties, or within five hundred yards thereof. 136. Jurisdiction of crime on board of vessel. 137. Of crime committed in the state on board of any railway train, etc. 138. Indictment for libel. 139. Conviction or acquittal in another state, a bar, where the jurisdiction is concurrent. 140. Conviction or acquittal in another county, a bar, where the jurisdiction is concurrent. § 133. When a person leaves this state to elude its laws.-A person who leaves this state, with intent to elude any law thereof against duelling or prize-fighting, or challenges thereto, or to do any act forbidden by such a law, or, who being a resident of this state, does an act out of it, which would be punishable as a violation of such a law, may be indicted and tried in any county of this state. The case of People v. Lyon, 1 N. Y. Cr., 400, was reversed in 99 N. Y., 210. A person, charged in an indictment with the commission of a felony, may be convicted upon proof that, although absent when the crime was committed, he advised and procured its commission. People v. Bliven, 20 St. Rep., 486; 112 N. Y., 79. § 134. When a crime is committed partly in one county and partly in another.-When a crime is committed, partly in one county and partly in another, or the acts or effects thereof, constituting or requisite to the consummation of the offense, occur in two or more counties, the jurisdiction is in either county. The case of People v. Dimick, 3 St. Rep., 398; 41 Hun, 634; 5 N. Y. Cr., 201, was reversed in 11 St. Rep., 739; 107 Ñ. Y., 13. Jurisdiction.-Where the crime was partly committed in the city of Buffalo and partly in the city of New York, the jurisdiction is in either city. People v. Dimick, 11 St. Rep., 739; 107 N. Y., 13, 33. Whether this section affects the jurisdiction of the Superior Court of Buffalo, and whether such court has jurisdiction only of crimes wholly committed within the city of Buffalo, quære? Id. See Section 28 of Code of Criminal Procedure. Where the substance of the charge is the wrongful appropriation of property by a bailee, the bailment made in Oswego county, and the property to be returned there, but the conversion occurs outside of said county, the recorder of the city of Oswego has jurisdiction territorially over the case under this section. Matter of McFarland, 36 St. Rep., 574; 59 Hun, 306; 13 N. Y. Supp., 22. A party may be convicted of burglary or larceny in any county into which he carries the stolen goods. Haskins v. People, 16 N. Y., 344. In the case of the larceny, it is sufficient to allege the taking to have been in the county where the indictment is found. Id. But an indictment for the burglary, in a county other than that in which the burglarious entry was made, must, it seems, set out the facts specifically, to bring it within the statute. Id. Where the defendant promised at Oswego to marry a woman and on the same day went with her to Watertown in another county, and there seduced her under such promise, the grand jury of Oswego county, under this section, had jurisdiction to find an indictment for seduction. People v. Crotty, 30 St. Rep., 45; 9 N. Y. Supp., 938. Section 50 of 2 R. S., 727, which declares that a person committing a burglary and larceny in one county and carrying the stolen property into another county, may be indicted, tried and convicted for the burglary in the latter county, as if the crime had been there committed, was held to be within the legislative power and valid. Mack v. People, 82 N. Y., 235. It was held that the offender might be indicted in the court of general sessions of the county where he is found with the fruits of his crime. Id. See People v. Dowling, 84 N. Y., 478, a case decided under chap. 167 of 1877. § 135. When a crime is committed on the boundary of two or more counties, or within five hundred yards thereof.-When a crime is committed on the boundary of two or more counties, or within five hundred yards thereof, the jurisdiction is in either county. Special sessions.-This section does not confer jurisdiction upon courts of special sessions or magistrates holding such courts. People v. Bates, 38 Hun, 182. Indictment.-The jurisdiction conferred over crimes committed on the boundary of a county and within 500 yards thereof is limited to courts proceeding by indictment. Id. The grand jury of a county have jurisdiction over an offense committed in another county, but within 500 yards of their county line. People v. Davis, 56 N. Y., 95. For the purposes of criminal jurisdiction, an offense is committed on the boundary between adjacent counties if perpetrated within 500 yards of the boundary line. People v. Davis, 36 N. Y., 77. § 136. Jurisdiction of crime on board a vessel.-When a crime is committed in this state on board of a vessel navigating a river, lake, or canal, or lying therein in the course of her voyage, or in respect to any portion of the cargo or lading of such boat or vessel, the jurisdiction is in any county through which, or any part of which, such river or canal passes, or in which such lake is situated, or on which it borders, or in the county where such voyage terminates, or would terminate if completed. It is necessary, in order to give the courts of a county jurisdiction over an offense under this section, to allege in the indictment, and prove upon the trial, that the crime was committed on board of the boat or vessel, and that the boat or vessel, on that trip or voyage, had passed through some part of the county of venue. Larkin v. People, 61 Barb., 226. § 137. Of crime committed in the state on board of any railway train, etc.-When a crime is committed in this state, in or on board of any railway engine, train or car, making a passage or trip on or over any railway in this state, or in respect to any portion of the lading or freightage of any such railway train, or engine car, the jurisdiction is in any county through which, or any part of which, the railway train or car passes, or has passed in the course of the same passage or trip, or in any county where such passage or trip terminates, or would terminate if completed. § 138. Indictment for libel.-When a crime of libel is committed by publication in any paper in this state, against a person residing in the state, the jurisdiction is in either the county where the paper is published, or in the county where the party libeled resides. But the defendant may have the place of trial changed to the county where the libel is printed, on executing a bond to the complainant in the penal sum of not less than $250, nor more than $1,000, conditioned, in case the defendant is convicted, for the payment of the complainant's reasonable and necessary traveling expenses in going to and from his place of residence and the place of trial, and his necessary expenses in attendance thereon, which bond must be signed by two sufficient sureties, to be approved by the judge of a court of record exercising criminal jurisdiction. Whenever the crime of libel is committed against a person not a resident of this state, the defendant must be indicted and the trial thereof had in the county where the libel is printed and published. But if the paper does not, upon its face, purport to be printed or published in a particular county of this state, the defendant may be indicted and the trial thereof had in any county where the paper is circulated. In no case however can the defendant be indicted for the printing or publication of one libel in more than one county of this state. See Section 249 of Penal Code. § 139. Conviction or acquittal in another state, a bar, where the jurisdiction is concurrent.-When an act charged as a crime is within the jurisdiction of another state, territory or country, as well as within the jurisdiction of this state, a conviction or |