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PART IV. Misdemeanors.


$ 5. The court of special sessions of the peace in and for the city and county of New York, shall have power to hear, determine, and punish according to law, all complaints for misdemeanors, and shall possess exclusive jurisdiction thereof, unless the said court of special sessions shall order any such complaint to be sent to the court of general sessions of the peace; and unless the accused, when arrested and brought before the committing magistrate, shall elect to have his case heard and determined by the court of general sessions of the peace in and for the city and county of New York; and it is hereby made the duty of such magistrate, upon such arrest, to inform the said accused of the provisions of this section.

$ 6. The court of general sessions of the peace in and for the city and county of New York, shall have power at all times to make rules and regulations for its government and conduct, and to enforce the same by imprisonment for contempt, or by fine, or by both.

$ 7. All fines imposed by the courts of oyer and terminer, and general and special sessions, in the city and county of New York, may be at any time remitted by the judge imposing the same, and in addition to such remission, the court may, in its discretion, substitute imprisonment. All such fines shall be collected by and paid to the clerk of said courts, and by him accounted for to the chamberlain of said city and county of New York, with a statement under oath.

S 8. All acts, statutes, parts of acts and parts of statutes, or provisions of law, conflicting with any of the provisions of this act, are hereby repealed.



Coroners to deliver moneys, &c. to county treasurers.

CHAP. 155.
AN ACT in relation to coroners.

PASSED April 11, 1842. . The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S 1. The coroners of the several counties in this state are hereby required to deliver over to the treasurer of their respective counties, all moneys and other valuable things which have been or may hereafter be found with or upon the bodies of persons on whom inquests have been or may hereafter be held, and which shall not have been claimed by the legal representatives of such person or persons, within sixty days after this act becomes a law, in cases of inquests heretofore held; and in cases which may hereafter arise, within sixty days after the holding of any such inquest; and in default thereof, the said treasurers shall be authorized, and are required to institute the necessary proceedings to compel such delivery


CHAP. II, S2. The several treasurers to whom any such valuable Daty os thing shall be delivered, pursuant to the provisions of this act, crunty shall, as soon thereafter as may be, convert the same into money, and place the same to the credit of the county of which he is treasurer; and if demanded within six years thereafter, by the legal representatives of the person on whom the same was found, the said treasurer, after deducting the expenses incurred by the coroner, and all other expenses of the county in relation to the same matter, shall pay the balance thereof to such legal representative.

$ 3. Before auditing and allowing the accounts of such Inventory coroners, the supervisors of the county shall require from livered to them respectively, a statement in writing containing an inven- supervisors tory of all money and other' valuable things found with or upon all persons on whom inquests shall have been held, and the manner in which the same had been disposed of, verified by the oath or affirmation of the coroner making the same, that such statement is in all respects just and true, and that the money and other articles mentioned therein have been delivered to the treasurer of the county or to the legal representative of such person or persons.

$ 4. The said coroners shall be entitled to receive a reasonable compensation for making and rendering such statement and for their trouble and services in the preservation and delivery of said effects and property herein before provided, and all reasonable expenses incurred by them in relation thereto to be audited by the board of supervisors, in addition to the fees or compensation to be allowed by them for holding an inquest.

Pay of coroner.

CHAP. 118. AN ACT to reduce the number of jurors to be summoned and sworn by coroners.

PASSED April 21, 1847. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$1. Whenever any coroner shall receive notice that any Jarors to be person has been slain, or has suddenly died, or has been dangerously wounded, or has been found dead under such circumstances as to require an inquisition, it shall be the duty of such coroner to go to the place where such person shall be, and forthwith to summon not less than nine, nor more than fifteen persons, qualified by law to serve as jurors, and not exempt from such service, to appear before such coroner forthwith, at such place as he shall appoint, to make inquisition concerning such death or wounding.

$ 2. Whenever six or more of the jurors shall appear, they sir jurore shall be sworn in the manner prescribed by the second

section to be sworn.


of article first, title seventh of chapter second of part fourth of the Revised Statutes.

of the peace.

CHAP 265.
AN ACT regulating costs in the courts of general sessions


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

$ 1. In all cases in which courts of general session of the peace are authorized to award costs, such costs shall be awarded only at and after the rate allowed for similar services in the courts of common pleas.

Rate of costs.

Notice of taxation.

CHAP 287.
AN ACT to regulate the taxation of the accounts of dis-

trict attorneys.

Passed May 11, 1835. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

S 1. Before the taxation of the account of any district attorney, for fees and services performed by him, and which by law are chargeable to the county, such district attorney shall cause the chairman of the board of supervisors of such county, or if there be no such chairman, then the clerk of the board of supervisors, to be served with a notice of the time and place when and where such account will be taxed, together with a copy of such account, at least four days before the time mentioned in such notice for the taxation of such account; and it shall be the duty of the said chairman or clerk of the board of supervisors receiving such notice to attend and examine the taxation of the said account.

2 H., 136.

CHAP. 125.
AN ACT to amend an act entitled “ An act to regulate

the taxation of accounts of district attorneys,” passed
May 11, 1835.

Passed March 30, 1837. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S 1. The “Act to regulate the taxation of the accounts of district attorneys," passed May 11, 1835, is hereby amended by adding thereto a section, which shall read as follows:

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§ 2. Either party may, within thirty days thereafter, appeal Right of

CHAP. II. to the supreme court of judicature of this state, from such appeal to taxation, by serving a notice thereof upon the adverse party, court.

2 H., 136.

CHAP. 375. AN ACT to regulate the fees of district attorneys, and to repeal the several acts relating to the same.

Passed May 7, 1839. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$1. No other or greater fees shall be allowed to any district Fees of attorney in any county in this state (the city and county of attorneys. New York, and the counties of Erie, Genesee, Rensselaer, Washington and Onondaga, excepted), for any services rendered by him in the discharge of the duties of his office as chargeable against the said county, than such as are hereinafter provided :

6 H., 402; 2 D., 38. For drawing every indictment actually agreed to by a Drawing grand jury, including such as may be prepared by their direc- papers. tion, though not finally agreed to by them, twenty-two cents for each folio, and fifteen cents per folio for engrossing the same; but no more than two counts in any indictment for the same offense shall be allowed and taxed, unless the presiding judge of the court at which the indictment was found, or the first judge of the county, shall certify that the additional counts were, in his opinion, necessary; and the like fees for drawing and engrossing every affidavit and other proceeding actually and necessarily prepared by such district attorney in the prosecution of any cause, and for which no fee is specifically allowed; but it shall not be deemed necessary, nor shall any allowance be made, for the draft or copy of any affidavit of service of subpæna, unless it be upon the actual default of a witness to attend court, and where it is necessary to attach such witness to procure his attendance:

For every bench warrant or other process actually and Warrants. necessarily issued to bring a party into court, twenty-five cents; but no allowance shall be made for more than one warrant on any indictment, where the defendants reside in the same county ; nor for a second warrant on the same indictment, unless a previous warrant shall have been duly returned not served, after a reasonable time shall have been allowed for the service thereof:

For every subpoena actually and necessarily issued, returna- Subp@nas. ble before a grand jury or court, twenty-five cents, including subpæna ticket; but no other allowance shall be made for


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Special motions.

any draft or copy of subpæna, or any draft or copy of sub-
pæna ticket for any witness; and no more than one subpæna
or subpoena ticket shall be allowed for each witness subpænaed
either before the grand jury or court; and no allowance shall
be made for any subpæna or subpæna ticket issued for the
same witness more than once in the same cause, except when
it shall become necessary to subpæna the same witness before
the court after having been subpoenaed before the grand jury:

For arguing every special motion actually made after notice
given by the district attorney, or after notice given in behalf
of the defendant, one dollar and twenty-five cents; but no
fees shall be allowed for arraigning a prisoner, recognizing a
witness or a party, or moving on a cause for trial, or putting
over a trial, or opposing a motion to put over a trial, or for
making or opposing any other ordinary motion :

For every trial fee, four dollars; but such fee shall not be allowed unless the trial actually takes place : and the like fee for arguing every motion for a new trial, or demurrer, or motion in arrest of judgment, or bill of exceptions, or writ of



Bills to be taxed.

Record. For making up a record when required by order of a judge

of the court in which the defendant is arraigned or convicted,
twenty-two cents for drawing every folio, and fifteen cents
per folio for engrossing; and the like compensation shall be
paid to the district attorney by the defendant for making up
such record, when made at the request of the defendant; and

the like fees for drawing and engrossing a bill of costs : Expenses.

For such actual disbursements necessarily incurred, which shall be proved by the oath of the district attorney, and shall be deemed reasonable by the taxing officer.

$ 2. The bills of costs of the several district attorneys included within the provisions of this act, shall be taxed in the presence of the board of supervisors of the county by which the said bills are to be paid, or a majority of them, on such day or days as they shall assign at the annual meeting of the said board, by a regular taxing officer, to be designated by

the said board; and it shall be the duty of such taxing officer, When dis at the request of any member of the said board, to examine trict attorney to be the district attorney on oath, as to the following facts, to wit: examined Whether all the services charged in the bill rendered, have

been actually performed; whether the subponas, subpoena tickets and bench warrants charged in the said bill, were necessary and have been made and issued; whether the several folios charged in the bill for drawing or engrossing any indictment, plea, affidavit, record or other proceeding, were necessary and are correct; whether more than two counts in any indictment for the same offence are charged in his bill ; whether he has charged more than twenty-five cents for any one witness in any one cause, except where it has been necessary to subpoena ihe same witness before the court, after such witness has been subpænaed before the grand jury : And the

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