2. The supreme court. 3. The county courts in counties other than New York. 4. The city courts of Utica and Oswego. 5. The mayor's court of the city of Hudson, 6. The court of general sessions in the city and county of New York. 7. The courts of special sessions. 8. The police courts. The courts of special sessions and police courts are deemed inferior courts of record, within the section of the Constitution which provides for the removal of justices of the peace and judges, or justices of inferior courts not of record, and their clerks, by such county, city or state courts as are designated by law; but for no other purpose. § 11a. [added 1901.] Probation officers. The justices of the courts having original jurisdiction of criminal actions in all the cities of the state, shall from time to time appoint a person or persons to perform the duties of probation officer as hereinafter described, within the jurisdiction and under the direction of said court or justice, to hold such office during the pleasure of the court or justice making such appointment. Such probation officer may be chosen from among private citizens, male or female, clerks or assistants of the court making the appointment, or from the officers, deputies, assistants or clerks of the district attorney's office in the county wherein the court making the appointment is held. Any officer or member of the police force of any city or incorporated village who may be detailed to duty in such courts, or any constable or peace officer, may be employed as probation officer upon the order of any court or justice as herein provided. No probation officer appointed under the provisions of this section shall receive compensation for his services as such probation officer, but this shall not be construed to deprive any court clerk or court assistant or any officer, deputy assistant or clerk of a district attorney's office, or any officer or member of the police force, or any constable or peace officer, appointed probation officer as herein provided, from receiving the salary or compensation attached to his said official employment. 2. Every probation officer so appointed shall when so directed by the court, inquire into the antecedents, character and offense of persons over the age of sixteen years arrested for a crime within the jurisdiction of the court appointing him, and shall report the same to the court. It shall be his duty to make such report of all cases investigated by him, of all cases placed in his care by the court, and of any other duties performed by him in the discharge of his office, as shall be prescribed by the court or justice making the appointment, or his successor, or by the court or justice assigning the case to him, or his successor, which report shall be filed with the clerk of the court, or where there is no clerk, with the justice thereof. He shall furnish to each person released on probation committed to his care, a written statement of the terms and conditions of his probation, and shall report to the court or justice appointing him, any violation or breach of the terms and conditions imposed by said court, of the persons placed in his care. Such probation officers shall have, as to the persons so committed to their care, the powers of a peace officer. TITLE II. OF THE COURT FOR THE TRIAL OF IMPEACHMENTS. Section 12. Its jurisdiction. 13. Members of the court. 14. Presiding judge. 15. Clerks and officers. 16. Seal of the court. 17. Time of holding the court. 18. Oath to members of the court. 19. Adjournments, etc. 20. Compensation of members and officers of the court, 12. Its jurisdiction. The court for the trial of impeachments has power to try impeachments, when presented by the assembly, of all civil officers of the state, except justices of the peace, justices of justices' courts, police justices, and their clerks, for willful and corrupt misconduct in office. N. Y. Const. art. 6, §§ 1, 18. 13. [am'd 1895.] Members of the court. The court is composed of the president of the senate, the senators, or a majority of them, and the judges of the court of appeals, or a majority of them, but on the trial of an impeachment against the governor, or lieutenant governor, the lieutenant governor cannot act as a member of the court. N. Y. Const. art. 6, § 1; 3 R. S. 182. § 14. Presiding judge. The president of the senate, or in case of his impeachment, death or absence, the chief judge of the court of appeals, or in the absence of both, such other member as the court may elect, is the presiding judge of the court. 3 R. S. 182, § 3. § 15. Clerks and officers. The clerk and officers of the senate are the clerk and officers of the court for the trial of impeachments. 3 R. S. 182, § 3. § 16. Seal of the court. The seal of the court for the trial of impeachments now deposited and recorded in the office of the secretary of state shall continue to be the seal of this court and must be kept in the custody of the clerk of the senate. Id. 182, § 3. § 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. 3 B. S. 183, § 10 § 18. Oath to members of the court. At the time and place appointed, and before the court proceds 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. Id. 14. § 19. Adjournment, 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. Id. 15. § 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 each 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 compensation shall be received for attending the court during a session of the legislature. 3 R. S. 459, §§ 7, 8 TITLE III. OF THE SUPREME COURT. SECTION 21. Court of oyer and terminer in each county. 22. Its jurisdiction. 23. By whom held. 24. Writ or process. § 21. (repealed 1895.) § 22. [am'd 1895.] 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 to such minor crimes as courts of special sessions or police courts have exclusive jurisdictions 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. I 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. |