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CHAP. II

CHAP 151. AN ACT relative to the trial of offences committed against joint stock associations.

PASSED April 8, 1862. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$1. It shall not be necessary in an indictment against any contents..! person or persons, for an offence committed against the rights or property of any joint stock association organized under the statutes of this state, to set forth the names of the members of such association, nor to prove the same on the trial of such indictment, but it shall be sufficient to set forth in such indictment the name assumed and used by such association in its business, and to prove the same on the trial accordingly.

CHAP. 5.
AN ACT in relation to the trial of convicts in county and

state prisons.

PASSED January 31, 1846. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

$1. Whenever it shall appear to the court in which an Prisoners indictment is pending, and to be tried against any person for brought an offence committed by him, while imprisoned in any county on habeas prison, or in any one of the state prisons, on the person of corpus. another individual confined in such jail or state prison, that any other person confined in any county prison, or in any one of the state prisons, is an important witness in behalf of the person so indicted, such court may and are hereby authorized to grant a writ of habeas corpus for the purpose of bringing such prisoner before such court to testify upon the trial of such indictment, in behalf of the party making the application.

§ 2. Every person when brought up on such writ may be May be er examined as a witness on such trial, and shall be competent witnesses. to testify thereon in behalf of the defendants or the people, notwithstanding his conviction and imprisonment.

$ 3. The court in which any indictment is pending against Persons any person imprisoned on conviction of a crime in any county may be jail or state prison, for an offence committed during such for trial. imprisonment, is hereby authorized to issue a writ of habeas corpus for the purpose of bringing the individual so indicted before such court for arraignment or trial on such indictment.

PART IV.

nesses.

CHAP. 59. AN ACT to provide for the payment of the expenses of witnesses on the trial of indictments in certain cases.

PASSED April 6, 1846. The People of the State of New York, represented in Senate

and Assembly, do enact as follows: Pay of wit. S 1. When any person shall attend a circuit court on the

trial of an indictment removed from any court of oyer and terminer into the supreme court, as a witness in behalf of the people of this state, upon the request of the public prosecutor or upon a subpæna, or by virtue of a recognizance for that purpose; and it shall appear that such person has come from any other state or territory of the United States, or from any foreign country, or that such person is poor, the judge presiding at such court may, by an order in the minutes thereof, direct the county treasurer to pay such witness such sum of money as shall seem reasonable for his expenses, which order shall be of the same effect, and upon which the same proceedings shall be had as if the same had been made by a court of oyer and terminer or a court of general sessions, under the thirteenth section of title eight, chapter two, and part four of the Revised Statutes.

CHAP. 4.
AN ACT to amend an act passed January 31, 1846,

entitled "An act in relation to the trial of convicts in
county and state prisons.”

PASSED February 3, 1847. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

§ 1. The court in which any indictment is pending for a felony, against any person imprisoned on conviction of a crime, in any county jail or state prison, is hereby authorized to issue a habeas corpus for the purpose of bringing the individual so indicted before such court for arraignment or trial, on such indictment.

Habeas corpus. .

CHAP. II.

CHAP 332.
AN ACT in relation to peremptory challenges to jurors
by the people, on trial of indictments.

PASSED April 17, 1858.
The People of the State of New York, represented in Senate
and Assembly, do enact as follows :

§ 1. On any trial for any offence punishable by death, or Challenges by imprisonment in the state prison for the term of ten years, people. or for a longer time, the people shall be entitled peremptorily to challenge five of the persons drawn as jurors for such trial, and no more; and on the trial of an indictment for any offence punishable by imprisonment for a less term than ten years, the people shall be entitled peremptorily to challenge three of the persons drawn as jurors for such trial, and no

$ 2. Nothing in this act contained shall be deemed to pre- Other chalvent any challenges heretofore allowed either to the array of served." jurors or to individual jurors.

more.

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CHAP. 135.
AN ACT in relation to district attorneys.

PASSED March 31, 1860; three-fifths being present.
The People of the State of New York, represented in Senate
and Assembly, do enact as follows:

$ 1. It shall be the duty of the district attorneys of the District several counties, within thirty days after the close of any ile minutes term of the court at which criminals are tried, to file in the county clerk's office full and correct minutes, or a copy thereof, of the evidence taken on the trial of such criminals as have been convicted at said term.

$2. It shall be the duty of the county clerks of the several County counties in this state to transmit to the governor, on his transmit to application, such minutes of testimony as filed in their offices governor. respectively.

CHAP 258.
AN ACT to abolish public executions.

Passed May 9, 1835.
The People of the State of New York, represented in Senate
and Assembly, do enact as follows:

$ 1. Whenever any person shall be condemned to suffer Executions death for any crime of which such person shall have been prison.

PART IV.

Persons to be invited sheriffs at executions.

convicted in any court of this state, such punishment shall be inflicted within the walls of the prison of the county in which such conviction shall have taken place, or within a yard or enclosure adjoining said prison.

$ 2. It shall be the duty of the sheriff or under sheriff of the county, to be present at such execution, and to invite the presence, by at least three days' previous notice, of the judges, district attorney, clerk and surrogate of said county, together with two physicians and twelve reputable citizens, to be selected by said sheriff or under sheriff: And the said sheriff or under sheriff sball, at the request of the criminal, permit such minister or ministers of the gospel, not exceeding two, as said criminal shall name, and any of the immediate relatives of said criminal, to attend and be present at such execution; and also such officers of the prison, deputies and constables as said sheriff or under sheriff shall deem expedient to have present; but no other persons than those herein mentioned shall be permitted to be present at such execution, nor shall any person under age be allowed to witness the

same.

Certificate $ 3. The sheriff or under sheriff and judges attending such to be made. execution, shall prepare and sign, officially, a certificate set

ting forth the time and place thereof, and that such criminal was then and there executed in conformity to the sentence of the court and the provisions of this act; and shall procure to said certificate the signatures of the other public officers and persons, not relatives of the criminal, who witnessed such execution: And the sheriff or under sheriff shall cause such certificate to be filed in the office of the clerk of said county, and a copy thereof to be published in the state paper, and in

one newspaper, if any, printed in said county. Parts of S 4. Such parts of the Revised Statutes and laws of this Statutes to state as are inconsistent with this act, are hereby repealed. de repealed.

Revised

CHAP. 118.
AN ACT in relation to crimes punishable with death

PASSED April 30, 1846.
The People of the State of New York, represented in Senate

and Assembly, do enact as follows: Convicts S 1. If in any county there shall not be a jail, or the jail

erected shall become unfit or unsafe for the confinement of where to be prisoners, or shall be destroyed by fire or otherwise, and the and execu- judges of county courts of such county, or any three of them tain cases. shall have according to law designated the jail of some con

tiguous county for the confinement of the prisoners of their county, it shall be the duty of the sheriff of the county in which any convict sentenced to death shall be confined, to attend upon the day appointed for the executing of the sen

to death

CHAP. II.

tence at the jail of said county designated by said judges, and there conduct the proceedings, and execute the sentence in all respects as if the jail was located in the county where such conviction was had.

CHAP. 462.
AN ACT to extend the powers of circuit courts and courts

of
oyer
and terminer.

PASSED April 18, 1859. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$1. Whenever an indictment has been or shall be removed Indictment, from a court of oyer and terminer, or any other court, into ings on. the supreme court, and a conviction has been or shall be had thereon at a circuit court, judgment may be rendered thereon by such circuit court, or any other circuit court which may be held in the same county, with the same effect as a court of oyer and terminer may render judgment upon a conviction had therein.

S 2. Whenever, after conviction upon any indictment, the Removal of record thereof shall be removed from any other court into effect of. the supreme court for the purpose of review, the supreme court shall, upon affirming or reversing the judgment or other proceedings, remit the record to the court from which the same was removed; and the court to which the same shall be so remitted shall have power to proceed thereon according to the decision and direction of the supreme court.

$ 3. Courts of oyer and terminer shall have the same power Courts of to change the place of trial upon any indictment pending terminer therein as the supreme court now has to change the place of place of trial in civil actions, and when the place of trial shall be so changed the indictment shall be deemed to be pending in the court of oyer and terminer of the county to which the place of trial has been so changed, and such court may proceed to try the same and render judgment thereon.

trial.

CHAP. 65.
AN ACT concerning the writ of certiorari in criminal

cases.

Passed March 21, 1829. The People of the State of New York, represented in Senate and Assembly do enact as follows:

1. No certiorari to remove into the supreme court any By whom indictment pending in a court of oyer and terminer, before trial thereon, shall be effectual, unless allowed by a justice

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