Abbildungen der Seite
PDF
EPUB

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.

3 R. S. 229, §§ 23, 26.

23. [repealed 1895.]

§ 24. Writ or process. A writ or 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.

3 R. S. 231, § 39.

§ 25. [Repealed 1895.]

TITLE IV.

OF THE CITY COURTS.

CHAPTER I. The city courts.

II. General provisions relating to city courts.

[blocks in formation]

§ 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.

2 R. S. 245, § 31, et seq.

§ 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. 8 R. 8. 245, § 1, et seq.

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. [am'd 1895.] 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 sent it to the next trial term of the supreme court held in the county.

§ 34. [am'd 1895.] 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.

§ 35. [am'd 1895.) Indictments when 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.

§ 36. Court continued beyond terms. If the trial of the 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.

3 R. S. 280, § 5; L. 1875, ch. 3.

TITLE V.

OF THE COURTS OF SESSIONS.

CHAPTER I. The courts of sessions in general.

II. The courts of sessions in counties other than New York.

III. The court of general sessions of the city and county of New
York.

CHAPTER I.

THE COURTS OF SESSIONS IN GENERAL.

SECTION 37. General provisions.

38. The courts of sessions.

[Sections 37 and 38 repealed 1895.]

CHAPTER II.

COURTS OF SESSIONS IN COUNTIES OTHER THAN IN NEW YORK.

SECTION 39. Jurisdiction.

40. Indictments to be sent to oyer and terminer.

41. Other indictments may be sent to oyer and terminer.

42. By whom held.

43. Justice disqualified.

44. Same.

45. When and where held, jurors.

46. Jurors, how drawn.

47. Clerk.

48. Writ or process.

49. Compensation of justice.

§ 39. [am'd 1895.] Jurisdiction. The county courts embraced in this chapter have jurisdiction:

1. To inquire by the intervention of a grand jury of all crimes of all kinds 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 county court attaches only after the certificate mentioned in section fifty-seven of this Code.

2. To try and determine indictments found therein or sent thereto by the supreme court or by a city court in the county for crimes not punishable with death; and the County court of Kings county shall also have jurisdiction to try and determine all such indictments, including those for crimes punishable with death.

3. To hear and determine appeals from orders of justices of the peace, under the provisions of law respecting the support of bastards.

4. To examine into the circumstances of persons committed to prison as parents of bastards, and to discharge them in the cases provided by law.

5. To try and determine complaints under the provisions of law respecting masters, apprentices and servants.

« ZurückWeiter »