TITLE 4. $ 22. All persons bound by recognizance or otherwise, to appear at either of the said courts, which shall have failed, shall be bound to Bons recog appear at the next circuit court or court of oyer and terminer to be held in such county, as the case may be. When per nized, &c. to appear. Proceedings upon absence of county judges. New appoint ment of cir Guit. Notice, how published. Sittings in Notice of holding, &c. Courts of oyer and ter $23. If the circuit judge or other officer authorised to preside in the court of oyer and terminer, shall attend, but if there be not present a sufficient number of county judges, or other officers authorised to sit with him in the said court, to form such court, the circuit judge or other presiding officer, shall adjourn the court from day to day, until a sufficient number appear; or he may, after the first adjournment, adjourn such court without day. $ 24. Whenever the circuit court appointed for any county, shall fail, it shall be the duty of the chief justice of the supreme court, or if he be absent, or his office be vacant, the senior judge thereof, to appoint a time and place for holding the said court, in such county, which time shall be at a day as early as may be practicable, and to assign one of the justices of that court, or one of the circuit judges, to hold the said court. $ 25. The justice ordering such court, shall, without delay, cause notice of the appointment of such court, to be published in the state paper; the expense of which publication shall be paid out of the treasury, as in other cases. S26. Either of the justices of the supreme court may, in the May term thereof, or during any vacation of that court, on such days as the court shall by an order appoint for that purpose, try all issues which could be tried in the circuit court, for the city and county of NewYork, and exercise all the powers of such court; and such sittings may be held for as many days as the judge holding the same shall think necessary. 74 $ 27. At least one term of the supreme court shall intervene between the appointment of such sittings, and the time when the same are to be held; and the clerk of the supreme court shall cause a copy of every order appointing such sittings, to be published once a week, for four weeks in succession, in two of the newspapers printed in the city of New-York; the expense of which publication, shall be defrayed by the city and county of New-York.74 $28. Courts of oyer and terminer, may be held at the time and miner, when place at which any circuit court may have been appointed to be held, as follows: and by whom held. In New-York 1. In the city and county of New-York, by one or more of the justices of the supreme court, or of the circuit judges, or by the first judge of the court of common pleas of the said city and county, together with the mayor, recorder and aldermen of that city, or with any two of them: (74) 1 R. L. p. 336, § 5 & 6. 2. In all the other counties of this state, by a justice of the supreme TITLE 4. court, or a circuit judge, together with at least two of the judges of In other the county courts of the county: counties. 3. In the counties of Albany, Columbia and Rensselaer, the mayor, Mayors, &c. recorder and aldermen of the respective cities therein, or any two of ties, judges them, may sit and act in the court of oyer and terminer, in their respective counties, with or instead of the county judges: thereof. 4. In the county of Schenectady, the mayor and aldermen of the city of Schenectady, or any two of them, may sit and act in the court of oyer and terminer, with or instead of the county judges.75 $29. Each court of oyer and terminer shall have power, 1. To inquire, by the oath of good and lawful men of the same and terminer. county, of all crimes and misdemeanors, committed or triable in such county: 2. To hear and determine all such crimes and misdemeanors: and, 3. To deliver the jails of the said county, or city and county, according to law, of all prisoners therein.76 Powers of courts of oyer dictments sions. $30. Every such court of oyer and terminer and jail delivery, May try inshall also have power to try all indictments found in the court of ge- found at seaneral sessions of the peace of the same county, or city and county, which shall have been sent by order of such court of general sessions to, and received by the said court of oyer and terminer, or which shall have been removed into the said court of oyer and terminer: and which, in the opinion of the said court of oyer and terminer, may be proper to be tried therein.77 dictments to sessions. $31. The several courts of oyer and terminer and jail delivery, May send inmay, by order entered in their minutes, send all indictments found at any such court, for offences triable at the court of general sessions of the same county, to such court of general sessions, to be proceeded on, and tried therein.78 to hold court, &c. $32. The governor, by and with the consent of the senate, may Commissions issue commissions of oyer and terminer and jail delivery, as often as by governor, occasion shall require; but some one of the justices of the supreme court, or of the circuit judges, shall always be named in the said commission, as one of the commissioners; and no proceedings shall be had upon any such commission, without the presence of such justice or judge.79 b. time, &c. to be specifi ed. $33. Every such commission shall specify the time and place at which the court is to be held, in pursuance thereof; and shall be recorded in like manner as the commissions of civil officers, in the office To be recordof the secretary of state. (75) Laws of 1823, p. 211, § 9. (76) 1 R L. p. 339, § 15. (77) Ib. p. 341, § 21. (78) Laws of 1817, p. 294, § 3. (79) Ib. 1823, p. 212, § 9. ed. TITLE 4. $34. The secretary of state shall, without delay, transmit to the district attorney of the county for which such commission shall have sent to district been issued, a copy thereof. Copy to be attorney. Special courts, how appointed. Notice to district attorney. Precept by dist. attorney Contents of precept. Proclamation to be published. S35. Whenever it shall become necessary, by reason of the number of the prisoners confined in the jail of any county, or by reason of the importance of the offences charged upon such prisoners, to appoint a special court of oyer and terminer and jail delivery, the circuit judge of the circuit within which such county shall be situated, shall have power, by warrant under his hand and seal, to appoint a court of oyer and terminer and jail delivery, for such county, to be held therein, at some place provided by law, at such time as he may designate in such warrant, not less than thirty days from the date thereof.80 $ 36. The circuit judge issuing such warrant, shall forthwith transmit the same to the district attorney of the county. $37. The district attorney of every county, at least twenty days before the time appointed for the holding of such or any other court of oyer and terminer and jail delivery, in his county, shall issue a precept to be tested and sealed, in the same manner as process issued out of the courts of oyer and terminer and jail delivery, and to be directed to the sheriff of his county.81 $ 38. Every such precept shall mention the time and place at which such court is to be held, and shall command the said sheriff, 1. To summon the several persons who shall have been drawn in his county, pursuant to law, to serve as grand and petit jurors at the said court, to appear thereat: 2. To bring before the said court, all prisoners then being in the jail of such county, together with all process and proceedings any way concerning them in the hands of such sheriff: 3. To make proclamation in the manner prescribed by law, notifying all persons bound to appear at the said court, by recognizance, or otherwise, to appear thereat; and requiring all justices of the peace, coroners, and other officers who have taken any recognizance for the appearance of any person at such court, or who have taken any inqui sition, or the examination of any prisoner or witness, to return such recognizances, inquisitions and examinations, to the said court, at the opening thereof, on the first day of its sitting.81 $39. The sheriff to whom any such precept shall be directed and delivered, immediately on the receipt thereof, shall cause a proclamation in conformity thereto, signed by him, to be published once in each week, until the sitting of the court, in one or more of the newspapers printed in the said county. The expense of such publication shall be a county charge. (80) 1 R. L. p. 339, § 15. (81) Ib. § 16. TITLE 5. Seals of $40. The seals heretofore devised or adopted by the several courts of oyer and terminer and jail delivery, shall continue to be the seals of the said courts respectively; and where none have been devised, the courts of oyer court shall have power to make and devise such seal. and terminer. process. § 41. All writs and process issuing out of, and returnable in, the Teste of said courts of oyer and terminer and jail delivery, shall be tested in the name of the circuit judge of the circuit; or in case of a vacancy in his office, in the name of the chief justice of the supreme court.82 $42. All such process, if issued when the said court of oyer and th. terminer and jail delivery is not in session, may be tested on any day in the last preceding term of the said court; if issued during the sitting of the court, it shall be tested on the day of its being issued.82 $43. The courts of oyer and terminer and jail delivery, may di- Where direct their writs into any of the counties of the state, as occasion may require. 82 rected. Clerks of cir $44. The clerks of the several counties, (the city and county of cuits, &c. New-York excepted,) shall, by virtue of their offices, be clerks of the circuit courts, and courts of oyer and terminer and jail delivery, within their respective counties.83 $45. The clerk of the supreme court residing in the city of New- Ib. York, shall be clerk of the sittings and circuit courts held in and for the city and county of New-York. 84 TITLE V. OF THE COURTS OF COMMON PLEAS AND GENERAL SESSIONS OF SEC. 1. Powers and jurisdiction of courts of common pleas. 2. By whom to be held. 3. Courts of general sessions, by whom to be held. 4. When justices of the peace may be associated to hold court. 5. Powers of courts of general sessions enumerated. 6. To send indictments not triable by them, to oyer and terminer. 7. And indictments not tried; and to try such as are sent back. 8. If judges do not attend first day, courts how adjourned. 9. Proceedings if they do not attend on second day. 10. Judges being inhabitants of town interested in appeals, not to sit, &c. II. Teste and return of process of common pleas and general sessions. 12. Seals of common pleas. 13. In whose name writs in common pleas to be tested; process of general sessions to be under seals of judges. 14. Clerks of counties to be clerks of common pleas and sessions, except in New-York. 15. Form of caption of records in common pleas. 16. Ferm of records, after the caption. 17. Form of continuances, after issue joined. 15. Names of judges and authority of court, not to be inserted. 19. Duration of terms of common pleas and general sessions, &c. 20. Times and places of holding common pleas and general sessions in the several counties of this state. 21. In cases not otherwise directed, courts to be held at court-houses. (82) Laws of 1823, p. 212, § 9. (83) 1 R. L. p. 338, § 10. (84) Laws of 1823, p. 426, § 13. TITLE 5. SEC. 22 & 23. Common pleas in New-York, by whom to be held. Powers and jurisdiction common pleas. 24. Clerk of county to be clerk of common pleas, and to give bond. 26. Terms of common pleas of New-York. 27. General sessions in New-York, by whom to be held. 28. Special duty of recorder to hold general sessions. 29. Powers of general sessions. 30. Duty of aldermen to attend general sessions. 31. Court, when and how long to be held. 32. Common pleas in Albany, by whom may be held. 33. Three judges to be present, to perform certain acts. 34. Times of holding common pleas and general sessions in Albany. S 1. There shall continue to be a court of common pleas in each of courts of county of this state, which shall possess the powers and exercise the jurisdiction, which belonged to the courts of common pleas of the several counties in the colony of New-York, with the additions, limitations and exceptions, created and imposed by the constitution and laws of this state, and every such court shall have power, By whom to be held. neral sessions When justi ces of the peace may be associated. 1. To hear, try and determine, according to law, all local actions, arising within the county for which such court shall be held; and all transitory actions, although the same may not have arisen within such county: 2. To grant new trials: 3. To hear and determine appeals from justices' courts, in the cases and in the manner prescribed by law: 4. To exercise the power and jurisdiction conferred on them by law over the persons and estates of habitual drunkards: and, 5. To exercise such other powers and duties, as may be conferred and imposed by the laws of this state.85 $ 2. The judges of the county courts of each of the counties in this state, (the city and county of New-York excepted) or any three of them, shall have power to hold the courts of common pleas, in their respective counties. 86 Courts of ge- $3. Any three of the judges of the county courts of each of the by whom held counties of this state, except the county of New-York, shall have power to hold courts of general sessions in their respective counties.86 S4. When a sufficient number of judges of the county courts shall not appear, to hold a court of general sessions, then one or more justices of the peace of the same county, shall be associated with such judge or judges as shall attend; but no such court shall be held without the presence of at least one judge, and it shall in no case consist of more than five persons." 86 Enumeration of powers of general ses sions. $5. Every court of general sessions of the peace shall have power, 1. To inquire, by the oaths of good and lawful men of the county, of all crimes and misdemeanors committed or triable in such county: 2. To hear, determine and punish, according to law, all crimes and misdemeanors not punishable with death, or imprisonment in the state prison for life: (85) 2 R. L. p. 141, §3; Laws of 1823, p. 40, § 1. (86) Laws of 1823, p. 40, § 1 & 3. |