CHAPTER II.

General Provisions Relating to City Courts.

Sec. 33. Indictments for offenses punishable with death to be sent to the supreme court.

34. Indictments for crime not punishable by death.

35. Indictments when to be sent to city court.

36. Court continued beyond terms.

§ 33. Indictments for offenses punishable with death, etc. When an indictment is found at a city court for a crime punishable with death, the court may send it to the next trial term of the supreme court held in the county.

Am'd L. 1895, ch. 880.

§ 34. Indictments for crime not punishable by death. A city court may also send an indictment found therein and remaining undetermined for a crime not punishable with death to the next trial term of the supreme court of the same county, to be determined according to law. But that court, if, in its opinion, the same is not proper to be tried therein, may remit it back to the court by which it was sent, which must proceed thereon as if it had remained there.

Am'd L. 1895, ch. 880.

35. Indictments when sent to city court.

When an indictment is found in the supreme court in a county embracing any of the cities in which a city court having original criminal jurisdiction is established, for an offense committed in that city, the court in which it was found may send it to the next city court in which it is triable, which must proceed to try and determine the indictment as if it had been found therein. Am'd L. 1895, ch. 880.

§ 36. Court continued beyond terms.

If the trial of a cause be commenced before the expiration of the term of a city court the court may be continued beyond the term, to the completion of the trial and the rendering of judgment on the verdict.

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TITLE V.

Of the Courts of Sessions and County Courts.

Chap. I. The courts of sessions in general.

II. County courts.

III. The court of general sessions in the city and county of New York.

CHAPTER I.

The Courts of Sessions in General.

Sec. 37. General provisions.

38. The courts of sessions.

§ 37. General provisions. [Courts of sessions.] Repealed L. 1895, ch. 880.

See N. Y. Const., art. 6, § 14.

§ 38. The courts of sessions. [Enumeration of.] Repealed L. 1895, ch. 880.

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CHAPTER II.

County Courts.

Sec. 39. Jurisdiction.

40. Indictments to be sent, etc.

41. Other indictments, etc.

42. By whom held.

43. Justice disqualified.

44. Idem.

45. When and where held; juries.

46. Jurors, when to be drawn.

47. Clerk.

48. Writ or process.

49. Compensation of justice.

§ 39. Jurisdiction.

The county courts embraced in this chapter have jurisdiction: 1. To inquire by the intervention of a grand jury of all crimes committed or triable in the county; but in respect of such minor crimes, as courts of special sessions or police courts have exclusive jurisdiction to hear and determine, in the first instance, the jurisdiction of the county court attaches only after the certificate mentioned in section fifty-seven of this Code.

2. To try and determine indictments found therein or sent thereto by the supreme court or by a city court in the county for crimes not punishable with death; and the county court of Kings county shall also have jurisdiction to try and determine all such indictments, including those for crimes punishable with death.

3. To hear and determine appeals from orders of justices of the peace, under the provisions of law respecting the support of bastards.

4. To examine into the circumstances of persons committed to prison as parents of bastards, and to discharge them in the cases provided by law.

5. To try and determine complaints under the provisions of law respecting masters, apprentices and servants.

6. To review the convictions of disorderly persons actually imprisoned, and to execute the powers conferred and duties imposed by law in relation to those persons.

7. To continue or discharge recognizances, undertakings and bonds of persons bound to keep the peace or to be of good behavior, and to inquire into and determine the complaints on which they were founded.

8. To compel relatives of poor persons and committees of the estates of lunatics to support such persons and lunatics in the cases and manner prescribed by law.

9. To exercise the powers conferred by law in relation to the estates of persons absconding and leaving their families chargeable to the public.

10. To let to bail persons indicted therein for any crime triable therein, as provided by law.

11. To let to bail persons committed to the prison of the county before indictment for any offense triable in the court.

12. To discharge persons who have remained in prison without indictment or trial in the cases prescribed by law.

13. To revoke licenses in the cases and mode prescribed by law. 14. To grant new trials in all cases tried therein.

15. To execute such other powers and duties as may be conferred by statute, or are now defined by special statute relating thereto.

Am'd L. 1895, ch. 880. This amendment superseded, by virtue of L. 1895, ch. 880, § 2, by L. 1895, ch. 889.

See N. Y. Const., art. 6, § 14; §§. post, 41, 343-353, inc., 462-466, inc., and 961.

Jurisdictional recitals in judgment of conviction.

106 App. Div. 371.

Power to remit indictments.

Hun, 233.

Subd. 3.

Matter of Bartholomew,

People v. Bradner, 107 N. Y. 1, affg. 44

People ex rel. Crouse v. Supervisors, 70 Hun, 560.

Subd. 6. People v. Trumble, 1 N. Y. Cr. Rep. 443.

See People ex rel. Vitan v. Vitan, 20 Abb. N. C. 298; Leighton v. People, 88 N. Y. 117; Myers v. People, 14 Hun, 416; McFall v. People, 18 Hun, 382; People v. Sullivan, 115 N. Y. 185; People v. Sessions, 15 Abb. Pr. Rep. 59.

§ 40. Indictments to be sent, etc.

A county court must send every indictment there found for a crime not triable therein to the supreme court or to a city court having jurisdiction to try and determine the same.

Am'd L. 1895, ch. 880.

See People v. McCraney, 21 How. Pr. Rep. 149; Thompson v. People, 6 Hun, 135.

§ 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 L. 1895, ch. 880.

See $$ 343-353, inc., post.

Power to remit. People v. Bradner, 107 N. Y. 1, affg. 44 Hun, 233; People v. De Puy, 115 App. Div. 564.

See Leighton v. People, 88 N. Y. 117.

§ 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 L. 1895, ch. 880.

See N. Y. Const., art. 6, § 14.

§ 43. Justice disqualified. [Justice of sessions.]

Repealed, L. 1895, ch. 880.

3 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 L. 1902, ch. 387. In effect Apr. 7th, 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 L. 1895, ch. 880.

Grand Jury. People v. Rugg, 98 N. Y. 537; 21 Week. Dig. 84;'3 N. Y. Or. Rep. 172; People v. Bates, 38 Hun, 180; 4 N. Y. Cr. Rep. 214.

See People v. Wilcox, 23 How. Pr. Rep. 297; Cyphers v. People, 31 N. Y. 373; People v. Sullivan, 115 N. Y. 185; Northrup v. People, 37 N. Y. 203.

Failure to make due publication of order.

542.

¡ 46. Jurors, when to be drawn.

People v. Nugent, 57 App. Div.

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.

Grand jury. People v. Rugg, 98 N. Y. 537; 21 Week. Dig. 84; 3 N. Y. Or. Rep. 172; Cyphers v. People, 31 N. Y. 373.

47. Clerk. [Of the court of sessions.]

Repealed L. 1895, ch. 880.

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 L. 1895, ch. 880.

49. Compensation of justice. [Of the court of sessions.] Repealed L. 1895. ch. 880.