CHAPTER III. The Court of General Sessions in the City and County of New York. Sec. 50. This court continued; proceedings now pending. 51. Jurisdiction. 52. Division of court. 53. Parts, by whom held. 54. When held and its duration. 55. Accommodation for courts and officers. § 50. This court continued; proceedings now pending. The court known as the court of general sessions in and for the city and county of New York, is continued with the jurisdiction conferred by the next two sections and no other. But nothing contained in this section affects its jurisdiction of actions and proceedings new pending therein. Am'd L. 1895, ch. 880. See 961, post. Thompson v. People, 6 Hun, 135; Dolan v. People, 64 N. Y. 485, affg. 6 Hun, 493; Leighton v. People, 88 N. Y. 117. 51. Jurisdiction. The court of general sessions of the city and county of New York has jurisdiction: 1. To try, determine and punish according to law, all crimes cognizable within said city and county, including crimes, punishable with death or imprisonment in the state prison for life. 2. To exercise, in cases arising in said city and county the same powers as are conferred by this Code upon county courts in other counties. 3. To try and determine any indictment found in the supreme court in said city and county, which has been sent by order of that court to and received by the court of general sessions therein; and, 4. To exercise such powers as are now prescribed by special statute relating thereto. Am'd L. 1895, ch. 880. Subd. 1. People v. Welch, 74 Hun, 474, affd., 141 N. Y. 266. Subd. 2. People v. Boyle, 2 N. Y. Cr. Rep. 54; McFarland's Case, 7 Abb. (N. S.) 348: Thompson v. People, 6 Hun, 135. See People v. Shepbard, 19 How. Pr. Rep. 446; Walters v. People, 19 Abb. Pr. Rep. 212; Lanergan v. People, 39 N. Y. 39; People v. Powell, 14 Abb. Pr. Rep. 91; Dolan v. People, 64 N. Y. 485, affg. 6 Hun, 493. Motion for new trial. People ex rel. Jerome v. General Sessions, 185 N. Y. 504. § 52. Division of court. The court of general sessions of the city and county of New York is divided into five parts. Am'd L. 1907, ch. 411. In effect Sept. 1, 1907. 53. Parts; by whom held. Any one of the five parts of the court of general sessions of the city and county of New York may he held by a judge of the court of general sessions. A justice of the supreme court may also hold it. Am'd L. 1907, ch. 411. In effect Sept. 1, 1907. 54. When held and duration. Each part of the court of general sessions in and for the city and county of New York, must be held each month, commencing on the first Monday and continuing so long as, in the opinion of the judge sitting, the public interest requires, but three parts only are required to be held during the months of July, August, and September. Am'd L. 1907, ch. 411. In effect Sept. 1, 1907. § 5. Accommodation for courts and officers, etc. The courts have the same power to direct suitable provisions to be made for their accommodation as is now possessed by the supreme court. The judges of the court of general sessions of the city and county of New York, must appoint a clerk, and not more than eleven deputy clerks, five interpreters, six stenographers, six record clerks, six chief court attendants, and a warden to the grand jury. Am'd L. 1907, ch. 411. In effect Sept. 1, 1907. 2 17 TITLE VI. Of the Courts of Special Sessions and Police Courts. Chap. I. The special sessions except in the cities of New York and Albany. II. The special sessions in the city and county of New York. III. The special sessions in the city of Albany. IV. The police courts. CHAPTER I. The Special Sessions Except in the Cities of New York and Albany. Sec. 56. Jurisdiction of courts. 57. Exclusive jurisdiction. 58. Limitation. 59. Trial and punishment of certain crimes. 60. Special sessions in Brooklyn. 61. Id.; in Oswego. 62. By whom held. 63. Recorder of a city to hold court. $56. Jurisdiction of courts. Subject to the power of removal provided for in this chapter, courts of special sessions, except in the city and county of New York and the city of Albany, have in the first instance exclusive Jurisdiction to hear and determine charges of misdemeanors committed within their respective counties, as follows: 1. Petit larceny, charged as a first offense. 2. Assault in the third degree. 3. Racing, running or testing the speed of any animal within one mile of the place where any court is held. 4. Wrongfully severing any produce or article from the freehold, not amounting to grand larceny. 5. Selling poisonous substances not labeled as required by law. 6. Wrongfully and maliciously removing, defacing or cutting down monuments or marked trees. 7. Wrongfully destroying or removing mile stones, mile boards or guide boards, or altering or defacing any inscription thereon. 8. Wrongfully destroying any public or toll-gate or turnpike gate. 9. Intoxication of a person engaged in running any locomotive engine upon any railroad, or while acting as a conductor of a car, or train of cars, on any such railroad, or a misdemeanor committed by any person on a railroad car or train. 10. Setting up or drawing unauthorized lotteries, or printing and publishing an account of any such illegal lottery, game or device, or selling lottery tickets, or procuring them to be sold, or offering for sale or distributing any property depending upon any lottery, or for selling any chances in any lottery contrary to the provisions of law. 11. Unlawfully running, trotting or pacing horses or any other animals. 12. Making or selling slung-shot or any similar weapon. 13. Unlawfully disclosing the finding of an indictment. 14. Unlawfully bringing to or carrying letters from any county jail, penitentiary or state prison. 15. Unlawfully destroying or injuring any mill-dam or embankment necessary for the support of such dam. 16. Unlawfully injuring any telegraph wire, post, pier, abutment, materials or property belonging to any line of telegraph, wilfully giving a false alarm of fire, or wilfully tampering, meddling or interfering with any station or box of any fire alarm telegraph system, or injuring any box, station, wires, poles, supports and appliances connected with or forming a part of any fire alarm telegraph system. [Subd. 16. Am'd L. 1905, ch. 279. In effect Sept. 1, 1905.] 17. Unlawfully counterfeiting any representation, likeness, similitude or copy of a private stamp, wrapper or label of any mechanic or manufacturer. 18. Malicious trespass on lands, trees or timber, or injuring any fruit or ornamental or shade trees or vines. 19. Maliciously breaking or lowering any canal walls, or wantonly opening any lock-gate, or destroying any bridge, or otherwise unlawfully injuring such canal or bridge. 20. Unlawfully counterfeiting or defacing marks on packages. 21. Unlawfully setting fire to wood or fallow land, or allowing the same to extend to lands of others, or unlawfully refusing to extinguish any fire. 22. Unlawfully or negligently cutting out, altering or defacing any mark on any logs, timber, wood or plank floating in any waters of this state, or lying on the banks or shores of any such waters, or at any saw-mills, or on any island where the same may have drifted. 23. Unlawfully frequenting or attending a steamboat landing, railroad depot, church, banking institution, broker's office, place of public amusement, auction room, store, auction sale at private residence, passenger car, hotel, restaurant, or at any other gathering of people. 24. Unlawfully taking and carrying away the oysters of another, lawfully planted upon the bed of a river, bay, sound or other waters within the jurisdiction of this state. 25. Removing property out of the county, with intent to prevent the same from being levied upon by execution, or secreting, assigning, conveying or otherwise disposing of property with intent to defraud any creditor, or to prevent the property being made liable for the payment of debts, or for receiving property with such intent. 26. Driving any carriage upon any turnpike, road or highway for the purpose of running horses; or wilfully and without authority riding a bicycle upon a sidewalk or foot-path constructed, maintained, or allowed to remain for the exclusive use of pedestrians, in any street where a sidepath for bicycles is maintained outside of an incorporated city or village; or for driving or operating any automobile or motor vehicle upon any plank road, turnpike or public highway at an unlawful rate of speed. [Subd. 26. Am'd L. 1902, ch. 249. In effect Sept. 1, 1902.] 27. Cruelty to animals or children or offenses of children under section six hundred and ninety-nine of the penal code. [Subd. 27. Am'd L. 1905, ch. 656. In effect Sept. 1, 1905.] 28. Cheating at games. 29. Winning or losing at any game or play, or by any bet, as much as twenty-five dollars within twenty-four hours. 30. Selling liquors in a court-house or jail contrary to law. 31. Exposure of the person contrary to law. 32. Crimes against the provisions of existing laws for the prevention of wanton or malicious mischief. 33. When a complaint is made to or a warrant is issued by a committing magistrate, for a violation of the laws relating to excise and the regulation of taverns, inns and hotels, or for unlawfully selling or giving to any Indian spirituous liquors or intoxicating drinks. 34. Frauds on hotel, inn, tavern and boarding-house keepers. 35. For all violations of the provisions of the agricultural, poor and domestic commerce laws. [Subd. 35. Am'd L. 1896, ch. 555.] 36. When a complaint is made to or a warrant is issued by a committing magistrate for a violation of the provisions of section six hundred and seventy-five of the penal code of the state of New York. [Subd. 36. Added L. 1903, ch. 92. In effect Sept. 1, 1903.] 37. Such other jurisdiction as is now provided by special statute or municipal ordinance authorized by statute. [Subd. 37 was formerly subd. 36. Renumbered L. 1903, ch. 92. In effect Sept. 1, 1903.] 38. When a complaint is made to or a warrant is issued by a committing magistrate for any misdemeanor not included in the foregoing subdivisions of this section, if the accused shall elect to be tried by a court of special sessions, as provided by section two hundred and eleven. But this subdivision shall not apply to any misdemeanor which is or may be punishable by a fine exceeding fifty dollars, or by imprisonment exceeding six months. [Subd. 38. Am'd L. 1897, ch. 546. Formerly subd. 37. 1903, ch. 92. In effect Sept. 1, 1903.] Renumbered L. 39. All violations of the law regulating the junk business and requiring persons engaging in such business to procure a license. [Subd. 39. Added L. 1906, ch. 497. In effect Sept. 1, 1906.] Section 56, supra, is the law as amended by L. 1893, ch. 570, the only amendments since that law being the amendments noted above. Petit larceny. Imprisonment under void judgment. People ex rel. Knowlton v. Sadler, 2 N. Y. Cr. Rep. 438. Offenses not enumerated. People v. Austin, 49 Hun, 396. See People ex rel. Fraser v. Auditors, 2 N. Y. Supp. 609; 17 St. Rep. 873; People ex rel McGrath v. Supervisors, 119 N. Y. 126; Matter of Erbe, 13 Misc. 404; People v. Knatt, 156 N. Y. 302; People ex rel. Stokes v. Risely, 38 Hun, 280; People ex rel. Murray v. Justices, 74 N. Y. 406; Lattimore v. People, 10 How. Pr. Rep. 336. Police justice of Rochester. People v. Upson, 79 Hun, 87. Subd. 1. People v. Cook, 45 Hun, 34; People v. McTameney, 1 N. Y. Cr. Rep. 437; 13 Abb. N. C. 55; 30 Hun, 505; People ex rel. Comaford v. Dutcher. 83 N. Y. 240; Devine v. People, 20 Hun, 98; People v. Rawson, 61 Barb. 619; People v. Johnston, 112 App. Div. 812. Subd. 2. People v. McGann, 43 Hun, 55; People v. Palmer, 109 N. Y. 413, affg. 43 Hun, 397; 5 N. Y. Cr. Rep. 101; Matter of Bray, 34 N. Y. St. Rep. 641; 12 N. Y. Supp. 366; People v. Barry, 16 App. Div. 462; Matter of Lord, 10 Abb. N. C. 293; 63 How. Pr. Rep. 97. Subd. 10. People v. Dewey, 11 N. Y. Supp. 602; 33 N. Y. St. Rep. 427, affd., 128 N. Y. 606. Subd. 18. People v. Upton, 29 St. Rep. 777; 9 N. Y. Supp. 684. Subd. 24. People ex rel. Baker v. Beatty, 39 Hun, 476, 4 N. Y. Cr. Rep. 287. Subd. 25. People v. Booth, 52 Misc. 340. Subd. 27. People v. Christy, 65 Hun, 349; Rutherford v. Krause, 8 Misc. 547; People ex rel. Knatt v. Davy, 32 N. Y. Supp. 106; 65 N. Y. St. Rep. 162. Subd. 32. People ex rel. O'Brien v. Woodsworth, 78 Hun, 586. Subd. 33. Excise law. People v. Burleigh, 1 N. Y. Cr. Rep. 522; People v. Bates, &$ Hun, 180; 4 N. Y. Cr. Rep. 214; People ex rel. Miller v. |