§ 41. Other indictments, etc. - A county court may send an indictment pending therein to the supreme court, to be determined according to law, and if such indictment is remitted back without trial by the supreme court, the county court may proceed thereon. [AM'D BY CHAP. 880 OF 1895. In effect Jan. 1, 1896.]

See 341, post; People v. Bradner, 107 N. Y. 1, 5; Leighton v. People, 88 N. Y. 117; 10 Abb. N. C. 261; People v. Gay, 10 Wend. 509; People v. Sessions, 3 Barb. 144.

§ 42. By whom held. A county court must be held by the county judge, except in the county of Kings, where the county court is divided into two parts, which are to be held by the two county judges elected in and for said county respectively. [AM'D BY CHAP. 880 OF 1895. In effect Jan. 1, 1896.]

See 14, art. 6, N. Y. Const. Verdict cannot be received in absence of justices. Hinman v. People, 13 Hun, 266. If justices be changed or absent during trial, it is a mistrial. Shaw v. People, 3 Hun, 272; Blend v. People, 41 N. Y. 601. A trial justice cannot testify. Dohring v. People, 2 S. C. 458; People v. Dohring, 59 N. Y. 374; Cyphers v. People, 31 N. Y. 373; 5 Park. 666; People v. Bork, 31 Hun, 371; 2 N. Y. Cr. 75; 1 eople v. Cornetti. 92 N. Y. 85; 1 N. Y. Cr. 303; 16 W. Dig. 411; People v. Bork, I N. Y. Cr. 393; People v. Moneghan, 1 Park. 570; Northrup v. People, 37 N. Y. 203; Smith v. People 47 id. 330.

Repealed by chap. 880 of 1895. In effect Jan. 1, 1896.

§ 43. Justice qualified.-Whenever a justice of sessions is disqualified to act in any cause or proceeding pending in a court of sessions, the county judge must designate some other justice of the peace of the county, to act as member of the court during the trial or determination of such cause or proceeding.

General provisions as to qualifications of judicial officers; see 3 R. S. (6th ed.) p. 436, §§ 2, 7. 8, and cases cited; chap. 111 of 1883; Baldwin v. McArthur, 17 Barb. 414.

§ 44. Idem.—If the county judge and special county judge, if there be one in and for that county, are both of them, for any cause, incapable of action in any criminal action or proceeding pending in the county court, the court must transfer the same to the supreme court, or to a city court having jurisdiction of such an action or proceeding, or may request the county judge of any other county, except New York and Kings, to preside at and hold a county court in said county. But if there be a special county judge in and for that county and not incapable of acting in that criminal action or proceeding the same shall be certified to the special county judge as provided by section three hundred and forty-two of the Code of Civil Procedure, and the special county judge shall thereupon act in such action or proceeding. [Am'd by chap. 880 of 1895. In effect Jan. 1, 1896.]

Am'd by chap. 387 of 1902. In effect April 7, 1902.

§ 45. When and where held; juries.--A county court must be held at such times as the county judge of the county, by order, designates, and at the place where the county courts are held for the trial of issues of fact by a jury Such order must designate the terms at which a grand or petit jury, or both, or neither, is required to attend; and neither a grand jury nor a petit jury is required to be drawn, or summoned to attend a term thus designated to be held

without a jury. The order must be published in a newspaper printed in the county, for four successive weeks previous to the time of holding the first term under such order. [AM'D BY CHAP. 880 OF 1895. In effect Jan. 1, 1896.]

Courts can only be held pursuant to appointment. People v. Moneghan, 1 Park. 570. What is sufficient appointment. People v. Wilcox, 23 How. Pr. 297; Cypher v. People. 31 N. Y. 373; 5 Park 666; People v. Rudd, 98 N. Y. 535; 3 N. Y. Cr. 172; People v. Bates, 38 Hun, 180; People v. Sullivan, 49 id. 333; 4 N. Y. Cr. 193; Northrop v. People, 37 N. Y. 203.

§ 46. Jurors, when to be drawn.— If a county judge fail to designate the term at which a grand or petit jury is required to attend, the grand and petit jurors must be drawn and summoned for each term mentioned in the order mentioned in the last section. See 226, post. Cyphers v. People, 31 N. Y. 373; People v. Rugg, 3 N. Y. 177; 98 N. Y. 537.

Repealed by chap. 880 of 1895. In effect Jan. 1, 1896.

§ 47. Clerk.-Except in the city and county of New York, and the county of Kings, the clerk of the county is the clerk of the court of sessions thereof.

§ 48. Writ of process. Every writ of process issued out of a county court may be tested on any day of the term in which the court is sitting, and be made returnable on any other day of the same term, or at the next term. [AM'D BY CHAP. 880 OF 1895. In effect Jan. 1, 1896.]

Repealed by chap. 880 of 1895. In effect Jan. 1, 1896.

49. Compensation of justice.- A justice of sessions is entitled to receive three dollars for each day's attendance at a court of sessions, and five cents a mile for traveling expenses in coming to and returning from the court. The justices of the sessions in the county of Kings shall each receive the compensation allowed to them by law in force before the adoption of the Code [AM'D CH. 641 OF 1886.]

CHAPTER III.

THE COURT OF GENERAL SESSIONS IN THE CITY AND COUNTY OF NEW YORK AND THE COURT OF SESSIONS IN THE COUNTY OF KINGS.

SEC. 50. These courts continued; proceedings now pending.

51. Jurisdiction.

52. Division of court.

53. Parts, by whom held.

54. When held and its duration.

55. Accommodation for court and officers.

50. This court continued; proceedings now pending.— The ourt known as the court of general sessions in and for the city and

county of New York, is continued with the jurisdiction conferred by the next two sections and no other. But nothing contained in this section affects its jurisdiction of actions and proceedings now pending therein. [AM'D BY CHAP. 880 of 1895. In effect Jan. 1, 1896.]

See 961, post. Removal of indictment. Thompson v. People, 6 Hun, 135; Dolan v. People, ib. 493; s. c. 64 N. Y. 485; Leighton v. People, 88 N. Y. 117.

§ 51. Jurisdiction.-The court of general sessions of the city and county of New York has jurisdiction:

1. To try, determine and punish according to law, all crimes cognizable within said city and county, including crimes, punishable with death or imprisonment in the state prison for life.

2. To exercise, in cases arising in said city and county the same powers as are conferred by this code upon county courts in other counties.

3. To try and determine any indictment found in the supreme court in said city and county, which has been sent by order of that court to and received by the court of general sessions therein; and,

4. To exercise such powers as are now prescribed by special statute relating thereto. [AM'D BY CHAP. 880 OF 1895. In effect Jan. 1, 1896.]

See §§ 15, 14, et seq.; chap. 410 of 1882; People v. Boyle, 2 N. Y. Cr. 54; People v. Goodwin, 18 Johns. 187; People v. Shepard, 19 How. 446; Walters v. People, 19 Abb. 212; McFarland's Case, 7 Abb. N. S. 318; Lonergan v. People, 33 N. Y. 39; reversing, 50 Barb. 266; 6 Park. 209; overruling, People v. Sessions, 15 Abb. 59; Ex Parte Marks, 14 id. 105, n; People v. Powell, 9 id. 91; Dolan v. People, 6 Hun, 493; 64 N. Y. 485; May v. People, 12 Hun, 380; Thompson v. People, 6 id. 135.

§ 52. Division of court.— The court of general sessions of the city and county of New York is divided into three parts.

This court is divided into four parts, see section 53. The Legislature failed to make the necessary correction.

§ 53. Parts by whom held.-Any one of the four parts of the court of general sessions of the city and county of New York may be held by the recorder of the city of New York or the city judge, or a judge of the court of general sessions. A justice of the supreme court may also hold it. [AM'D BY CHAP. 880 OF 1895. In effect Jan. 1, 1896.]'

§ 54. When held and duration.-Each part of the court of general sessions in and for the city and county of New York, may be held each month, commencing on the first Monday and continuing so long as, in the opinion of the judge sitting and of the district attorney, the public interest requires, but one part only is required to be held

during the months of July and August, and two parts only during

the rest of the year.

Ferris. Peo. 35 N. Y. 125; 31 How. 140; 48 Barb. 17; 1 Abb. (N. S.) 193; Lowenberg v. Peo. 27 N. Y. 336; 5 Park. 414; 26 How. 202.

§ 55. Accommodation for court and officers. The courts have the same power to direct suitable provisions to be made for their accommodations as is now possessed by the supreme court. The recorder, city judge and judges of the court of general sessions of the city and county of New York must appoint a clerk, and not more than eight deputy clerks, three interpreters, four stenographers, four record clerks and four chief court attendants. [AM'D BY CHAP. 75 OF 1896. In effect March 5, 1896.]

TITLE VI.

Of the Courts of Special Sessions and Police Courts.

CHAPTER I. The special sessions except in the cities of New York and

Albany.

II. The special sessions in the city and county of New York.
III. The special sessions of the city of Albany.

IV. The police courts.

THE SPECIAL SESSIONS EXCEPT IN THE CITIES OF NEW YORK
AND ALBANY.

SEC. 56. Jurisdiction of courts.

57. Exclusive jurisdiction.

58. Limitation.

59. Trial and punishment of certain crimes.

60. Special sessions in Brooklyn.

61. Id.; in Oswego.

62. By whom held.

63. Recorder of a city to hold court.

§ 56. Jurisdiction of courts of special sessions.-Subject to the power of removal provided for in this chapter, courts of special sessions, except in the city and county of New York and the city of Albany, have in the first instance exclusive jurisdiction to hear and determine charges of misdemeanors committed within their respective counties as follows:

1. Petit larceny, charged as a first offense.

2. Assault in the third degree.

3. Racing, running or testing the speed of any animal within one mile of the place where any court is held.

4. Wrongfully severing any produce or article from the freehold, not amounting to grand larceny.

5. Selling poisonous substances, not labeled as required by law. 6. Wrongfully and maliciously removing, defacing or cutting down monuments or marked trees.

7. Wrongfully destroying or removing mile stones, mile boards or guide boards, or altering or defacing any inscription thereon.

8. Wrongfully destroying any public or toll-gate or turnpike gate. 9. Intoxication of a person engaged in running any locomotive engine upon any railroad, or while acting as a conductor of a car, or train of cars, on any such railroad, or a misdemeanor committed by any person on a railroad car or train. [AM'D CH. 521 OF 1890; in effect Sept. 1, 1890.]

10. Setting up or drawing unauthorized lotteries, or printing and publishing an account of any such illegal lottery, game or device, or selling lottery tickets, or procuring them to be sold, or offering for sale or distributing any property depending upon any lottery, or for selling any chances in any lottery contrary to the provisions of law. 11. Unlawfully running, trotting or pacing horses or any other animals.

12. Making or selling slung-shot or any similar weapon. 13. Unlawfully disclosing the finding of an indictment.

14. Unlawfully bringing to or carrying letters from any county jail, penitentiary or state prison.

15. Unlawfully destroying or injuring any mill-dam or embankment necessary for the support of such dam.

16. Unlawfully injuring any telegraph wire, post, pier, abutment, materials or property belonging to any line of telegraph, wilfully giving a false alarm of fire, or wilfully tampering, meddling or interfering with any station or box of any fire alarm telegraph system, or injuring any box, station, wires, poles, supports and appliances connected with or forming a part of any fire alarm telegraph system. [Am'd by ch. 279 of 1905. In effect Sept. 1, 1905.]

17. Unlawfully counterfeiting any representation, likeness, similitude or copy of a private stamp, wrapper or label of any mechanic or manufacturer.

18. Malicious trespass on lands, trees, or timber, or injuring any fruit or ornamental or shade trees or vines.

19. Maliciously breaking or lowering any canal walls, or wantonly opening any lock-gate or destroying any bridge or otherwise unlawfully injuring such canal or bridge.