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CHAP. VỊ.

CHAPTER VI.

Provisions as to Criminal Courts.

CHAP. 444
AN ACT in relation to the court of sessions.

PASSED July 9, 1851. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$ 1. Courts of sessions except in the city and county of Time of New York, shall be held in the respective counties at such courts. times as the county judge of the county shall by order desigmate. And the county judge shall in such order designate at which terms of the sessions a grand or petit jury or both, or neither shall be required to attend; and no grand jury or petit jury shall be required to be drawn, or summoned to attend any term of the court of sessions which shall be designated by the county judge to be held without such jury; such order shall be published in a newspaper printed in such county, for four successive weeks previous to the time of holding the first term of said court under such order.

CHAP. 73. AN ACT to confer new powers and duties upon the court of Oyer and Terminer of this state.

PASSED March 22, 1854. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

$1. Whenever at the time appointed for the commence- Absence of ment of any term of the court of oyer and terminer of this vided for. state, or at any time during such term, if either of the justices of the peace, designated as members of the court of sessions of the county in wbich such term of court shall be held, shall not attend such court as a member thereof, the justice of the supreme court holding such court in the absence of the county judge of said county may at such term designate some other justice of the peace of the county to supply the vacancy occasioned by such non-attendance of any such justice until the justice not attending as aforesaid shall attend such court as a member thereof, but such designation by the justice of the supreme court shall not authorize the justice designated by

PART IV.

him to supply any such vacancy at any other term than that at which such designation shall be made.

23 N. Y., 296.

Jurisdic

certain crimes,

CHAP 769.
AN ACT defining the powers and duties of courts of

special sessions, except in the city and county of New
York, and the city of Albany, and court of sessions, and
regulating appeals in criminal cases.

Passed April 17, 1857. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

[§ 1 amends $ 1, Art. 1, Chap. 2, Part IV, of Revised Statutes.]

$ 2. Courts of special sessions, except in the city and county thom te bear of New York and city of Albany, shall in the first instance

have exclusive jurisdiction to hear and determine charges for crimes and offenses within their respective counties in the cases in this section mentioned, and their judgment, decision or determination may be appealed from in the manner hereinafter provided :

1. Charges against persons driving any carriages upon any turnpike, road or highway in this state, for running, or permitting their horses to run;

2. Charges for racing, running or testing the speed of any horse, or other animals within one mile of the place where any court shall be setting;

3. Charges for cruelty to animals contrary to law;
4. Charges for cheating at games;

8. Charges for winning or losing at any game or play, or by any bet twenty-five dollars within twenty-four hours ;

9. Charges for selling liquor in court house contrary to law, and for selling liquor in jails contrary to law.

S 3. The courts of sessions of the several counties in this state, in addition to the general powers now possessed, shall have the following powers :

1. To review, in the first instance, every order, decision, conviction, sentence or judgment of any court of special sessions or police court within their respective counties, and upon such hearing, affirm, reverse or modify the same as to the court shall seem just;

2. To grant new trials upon the merits, or for irregularity, or on the ground of newly discovered evidence in all cases

tried before them. Appeals. $ 4. Any person deeming himself aggrieved by the convic

tion or sentence of any court of special sessions or police court within this state, may appeal therefrom to the court of sessions of the county where such trial was had.

Review.

CHAP, VỊ.

service.

S 5. The party desiring to appeal shall, within ten days Notices. after such conviction or sentence shall have been had, serve upon the justice before whom the trial was had, and also upon the district attorney of the county a written notice of appeal, specifying the grounds upon which the appeal is founded, and shall pay to the justice at the time of the service of such notice the sum of one dollar, costs for his return.

S 6. Such service shall be made upon the justice personally, Personal or by leaving it at his office or residence, with some person of suitable age and discretion; and upon the district attorney personally, or by depositing a copy thereof in the post office directed to said district attorney, at his place of residence, and paying the postage thereon.

Si. If at the time of his sentence any defendant shall no- Recogultify the magistrate before whom the same shall have been zance. had, that he intends to appeal from such conviction or sentence, and shall offer to become bound in a recognizance, with satisfactory sureties, to appear at the next Court of Sessions to be held in said county, and to abide the judgment or order of that court in the premises, it shall be the duty of such magistrate to take such recognizance and thereupon suspend the execution of any sentence upon such conviction. But such sentence shall be pronounced and entered in the minutes of the proceedings. S 8. If the party convicted shall have been committed to Discharge

of prison. prison, in pursuance of his sentence, upon becoming bound ers: with a condition, as provided in the last section, with such sureties as shall be approved by the county judge of said county, or any justice of the supreme court of this state, he shall be entitled to be discharged from such imprisonment, and the certificate of such officer stating the facts, and ordering the jailor to discharge such prisoner, shall be a sufficient warrant for his discharge.

S 9. The magistrate or other officer by whom any recogni- Recogni. zance under either of the last two sections shall be taken shall filed. immediately cause the same to be filed with the county clerk of the county where the trial was had. § 10. The court below shall, within ten days after service Returns on

appeal. of the notice of appeal, as provided in the fifth section of this act, make a return to the appellate court of the testimony, proceedings, conviction and sentence, and file the same in the appellate court, and may be compelled to do so by attachment; but such justice shall not be bound to make a return, unless the fee prescribed by the fifth section of this act, be paid at the time of the service of the notice of appeal.

s 11. If the return be defective, the appellate court may Amending order an amended return, as in civil cases. $ 12. If the justice before whom any trial was had from Death, &c.

of justice. which an appeal is sought, shall die, resign, become insane, or remove from the state, the appellate court may hear and

return.

PART IV.

Notice of hearing.

Copy return

court.

determine the same in the manner provided for by law for like cases in civil actions.

S 13. If a return be made, the appeal may be brought to a hearing at the next term of the court of sessions of the county, upon a notice of the appellant of not less than eight days, which shall be served upon the district attorney of said county.

$ 14. The appellant shall, at or before the time of the service of the notice of hearing, as provided in the last section, serve upon the district attorney a copy of the return of said

justice, duly certified by the county clerk. Appellate $ 15. Upon the hearing of the appeal, the appellate court

shall give judgment according to the justice of the case, without regard to technical errors or defects which do not affect the merits. In giving judgment the court may affirm or reverse the conviction of the court below and may affirm or modify the sentence of said court, as shall seem just. If the appeal is founded upon an error in fact in the proceedings, the court may inquire into and determine the same upon

affidavits, as in civil cases. Judgment S 16. If the conviction be reversed, and the defendant be on appeal. in prison by virtue thereof, the court shall award a writ of

supersedeas for his discharge; if the sentence be modified, and the defendant be in prison by virtue thereof, he shall be discharged whenever the sentence as modified shall have been carried into effect, in the same manner as though he had been originally imprisoned under such sentence.

$ 17. The appellate court shall within ten days after the argument of any appeal under the provisions of this act,

make and file a decision therein. Argument S 18. In all cases where the return shall have been filed at bronght on. least twenty days before the first day of the term at which

the appeal can be heard, the appellant shall bring the same to argument, and in case of his neglect, without good cause, the district attorney may, on the first day of said term, but not after, without notice and upon an affidavit setting forth the facts, move to dismiss said appeal, and thereupon, if the same be dismissed, shall be deemed an affirmance of the conviction or sentence appealed from.

$ 19. The decision of the appellate court shall be entered decision.

by the clerk of said county, in a book to be kept by him in his office for that purpose, and the same shall be executed in the same manner and with the like effect as if said decision had been pronounced as a sentence upon a conviction before

said court. Appeal to $ 20. An appeal may be taken to the general term of the

supreme court, from the decision or judgment of the court of sessions, either by the defendant or district attorney in behalf of the people; but no appeal to the supreme court shall be allowed unless the party desiring to appeal shall, within ten days after notice of the decision, present to a judge of the supreme court, the return of the justice, or a copy thereof

Decision.

when to be

Record of

supreme court.

CHAP, VI. with the decision of the court of sessions, and obtain from such judge a certificate that he has examined the case, and in his opinion an appeal to the supreme court should be allowed, and such court shall have power to hear and determine the same, in like manner and with the like regulations as appeals in civil actions.

$ 21. In case of an appeal to the supreme court, as pro- Execution. vided in the last section, if the defendant has executed the recognizance, and the same has been approved, as provided in the seventh section of this act, the execution of the order or judgment of the court of sessions, shall be suspended until the final decision of said appeal by the supreme court, and the recognizance so executed shall continue in full force and effect.

S 22. If the conviction be reversed and the defendant be in Discharge. prison by virtue thereof, the supreme court shall award a writ of supersedeas for his discharge; if the defendant shall bave been left to bail as above provided, the judgment of the supreme court, whether the conviction be reversed or affirmed, shall be remitted to the court of sessions of the proper county, to be by that court carried into effect.

$ 23. Upon such judgment being rendered, the court of Duty of sessions, if the conviction be reversed, shall discharge the sessions. defendant; if the conviction be affirmed, the court shall order that the sentence, as fixed by the court of sessions, be executed, and if the defendant shall have been let out of prison, as hereinbefore provided, he shall be remanded to such prison for the remainder of the term for which he was sentenced.

S 24. If it shall appear to the supreme court that the party Quashing prosecuting such appeal has unreasonably neglected to notice or bring such appeal to argument, such court may enter a rule to quash such appeal, and upon the same being certified to the court of sessions in which the person prosecuting such appeal shall be bound to appear, such court shall proceed thereon in the same manner as if the judgment of the court of sessions had been affirmed.

S 25. The provisions of title three, article fourth, of chapter Repeal. two, of part fourth of the Revised Statutes, entitled “Of writs of certiorari, to courts of special sessions,” are hereby repealed.

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