Cooper, 42 Hun, 196; People v. Stacks,, 17 St. Rep. 234; People v. Subd. 37. People v. Hatter, 22 N. Y. Supp. 688; People v. Cowie, 88 57. Exclusive jurisdiction. Upon filing with the magistrate, before whom is pending a charge for any of the crimes specified in the last section, a certificate of the county judge of the county, or of any justice of the supreme court, that it is reasonable that such charge be prosecuted by indictment, and fixing the sum in which the defendant shall give bail to appear before the grand jury; and upon the defendant giving bail, as specified in the certificate, all proceedings before the magistrate shall be stayed; and he shall, within five days thereafter, make a return to the district attorney of the county of all proceedings had before him upon the charge, together with such certificate and the undertaking given by the defendant thereon; and the district attorney shall present such charge to the grand jury; provided, however, that no such certificate shall be given except upon at least three days' notice to the complainant or to the district attorney of the county of the time and place for the application therefor. Am'd L. 1884, ch. 393. Petit larceny. Imprisonment under void judgment. People ex rel. Knowlton v. Sadler, 2 N. Y. Cr. Rep. 438. Defendant's rights. People v. McGann, 43 Hun, 55; People v. Freileweh, 11 App. Div. 409. Assault, third degree. People v. Palmer, 109 N. Y. 413. Disorderly house. People ex rel. Miller v. Cooper, 42 Hun, 196. 15 N. Y. Supp. 437. People v. Carnrick, 39 N. Y. St. Rep. 595; Certificate. People ex rel. Knatt v. Davy, 32 N. Y. Supp. 106; 65 N. Y. St. Rep. 162; People v. Knatt, 156 N. Y. 302; Cleveland v. Cromwell. 110 App. Div. 82. See People v. Starks, 17 N. Y. St. Rep. 234; People v. Hulett, 39 N. Y. St. Rep. 646; 15 N. Y. Supp. 630; People v. Dewey, 11 N. Y. Supp. 602; 33 N. Y. St. Rep. 427, affd., 128 N. Y. 606; People v. Wilber, 39 N. Y. St. Rep. 743; 15 N. Y. Supp. 435; People v. Christy, 65 Hun, 349; People v. Cowie, 88 Hun, 498; People v. Barry, 16 App. Div. 462; People v. Mulkins, 25 Misc. 599; 28 Alb. L. J. 520, and 28 Alb. L. J. 480. § 58. Limitation. When a person is brought before a magistrate charged with the commission of any of the crimes mentioned in section fifty-six, and asks that his case be presented to the grand jury, the proceedings shall be adjourned for not less than five nor more than ten days; and if on or before the adjourned day the certificate mentioned in section fifty-seven is not filed with the magistrate before whom the charge is pending, and bail given by the defendant as therein prescribed, the magistrate shall proceed with the trial, and when the defendant is brought before the magistrate, it shall be the duty of the magistrate to inform him of his rights under section fifty-seven and this section. Am'd L. 1882, ch. 360. Excise law not repealed by code. People v. Burleigh, 1 N. Y. Cr. Rep. 522. Defendant's rights. People v. McGann, 43 Hun, 55. Disorderly house. People ex rel. Miller v. Cooper, 42 Hun, 196. Waiver of rights. People v. Carnrick, 39 N. Y. St. Rep. 595; 15 N. Y. Supp. 437; People v. Freileweh, 11 App. Div. 409. See People v. Starks, 17 N. Y. St. Rep. 234; People v. Hulett, 39 N. Y. St. Rep. 646; 15 N. Y. Supp. 630; People v. Cowie, 88 Hun, 498; People v. Barry, 16 App. Div. 462; People v. Mulkins, 25 Misc. 599; Gill v. People, 3 Hun, 187; Matter of Lord, 10 Abb. N. C. 293; 63 How. Pr. Rep. 97. § 59. Trial and punishment of certain crimes. A court of special sessions having jurisdiction in the place where any of the crimes specified in section fifty-six is committed has jurisdiction to try and determine a complaint for such crime, and to impose the punishment, prescribed upon conviction, unless the defendant obtains the certificate and gives the bail mentioned in section fifty-seven. Am'd L. 1882, ch. 360. Crimes not specified. People v. Austin, 49 Hun, 396; Matter of Erbe, 13 Misc. 404. See People v. McGann, 43 Hun, 55. 60. Special sessions in Brooklyn. Subject to the power of removal provided for by sections fiftyseven and fifty-eight of this Code, the courts of special sessions in the city of Brooklyn shall, in the first instance, have jurisdiction except in case of public officers and conspiracy, to try and determine all complaints made before them, or before a police magistrate, or justice of the peace for misdemeanor committed in said city, where the term of imprisonment does not exceed one year, with or without fine, and to impose the same punishment as is authorized by statute in like cases to be inflicted by the county court of the county of Kings. Where any jury is required for the trial of any crime or misdemeanor in said courts of special sessions in the city of Brooklyn, the said courts shall have power to summons* as many jurors as the court may deem necessary for the trial of such action or misdemeanor. The said court of special sessions in the city of Brooklyn shall have power to take bail in a reasonable amount for all misdemeanors, and shall have power to take undertakings in bail either with or without the defendant thereon in the discretion of the said courts. All fines imposed by the said courts of special sessions in the city of Brooklyn, or by police magistrates in said city, upon defendants convicted in said Thus in original courts or by such magistrates of crimes, misdemeanors or violations of any city ordinance of the city of Brooklyn, which are paid by such defendants so convicted, to the sheriff of the county of Kings or to the keeper of the penitentiary of said city, shall be paid monthly by the said sheriff or said keeper to the respective clerks of the courts in which the said fines were imposed; provided, however, that the said sheriff or keeper of the penitentiary of Kings county may, in his discretion, pay all of such fines so paid to them, or either of them, directly to the city treasurer of the city of Brooklyn. In an examination held in any criminal proceeding by a police magistrate in the city of Brooklyn, the testimony of each witness may, in the discretion of the magistrate, be taken as a deposition by the official stenographer of the court in which said magistrate holds such examination. Such minutes of the testimony when so taken and when certified by the stenographer and by the magistrate who held such examination, shall both with reference to such examination, and in all procedure in connection with such examination, provided for by any section of this Code not inconsistent herewith, be regarded as actually taken down in writing by such magistrate and subscribed by the witness or witnesses at such examination. Am'd L. 1896, ch. 92. Jurisdiction. People ex rel. Templeman v. Green, 44 N. Y. Cr. Rep. 442. 61. Id., in Oswego. The court of special sessions in the city of Oswego, where held by the recorder, has also jurisdiction over all cases of offenses, crimes against public decency, selling unwholesome provisions, cheats, breaches of the peace, disobeying the commands of officers to render assistance in criminal cases, obstructing officers in the discharge of their duties, adulterating distilled spirits, not delivering marked property, defacing marks or putting false marks on floating timber, all violations against the laws and ordinances of or applicable to the city, when such violation is a misdemeanor, and all attempts to commit any crimes herein named or referred to when such attempt is a misdemeanor. 62. By whom held. Unless provision is otherwise made by law, a court of special sessions must be held by one justice of the peace of the town or city in which the same is held, and sections two hundred and ninety-three, two hundred and ninety-four, two hundred and ninety-five, three hundred and ten, three hundred and thirty-two, three hundred and thirty-three, three hundred and thirty-four, three hundred and thirty-five, three hundred and thirty-six, three hundred and thirty-seven, three hundred and thirty-eight, three hundred and thirty-nine, three hundred and forty, three hundred and forty-one, three hundred and fortytwo, and three hundred and fifty-nine to four hundred and fifty, both inclusive, shall apply as far as may be to proceedings in all courts of special sessions or police courts. Am'd L. 1882, ch. 360. Jurisdiction. People v. Bates, 38 Hun, 180; 4 N. Y. Cr. Rep. 214; Matter of Bray, 34 N. Y. St. Rep. 641; 12 N. Y. Supp. 366. Indictment. People v. Polhamus, 8 App. Div. 133. 63. Recorder of a city to hold court. A recorder of a city has power to hold a court of special sessions therein. Recorder of Elmira. People ex rel. Miller v. Cooper, 42 Hun, 196. 24 CHAPTER II. The Special Sessions in the City of New York. Sec. 64. Jurisdiction. 65. Seal. $ 64. Jurisdiction. The courts of special sessions in the city of New York, within their respective divisions, have jurisdiction. 1. Such as is conferred on them by the Greater New York charter and other existing statutes. 2. To send process and other mandates in any matter of which they have jurisdiction into any county of the state, for service or execution, in like manner and with the same force and effect as similar process or mandates of the court of general sessions of the city and county of New York, and of county courts in counties other than New York, as provided by the code; and particularly, to compel the attendance of witnesses, to order the conditional examination of witnesses, to issue commissions for the examination of witnesses without the state, to inquire into the insanity of a defendant and to dismiss the prosecution of an action in like manner as the prosecution of actions by indictment may be dismissed, conformably to the provisions of title twelve of part four of this code. Am'd L. 1904, ch. 563. In effect Sept. 1, 1904. See 741-746, post. Subd. 1. People ex rel. Burns v. Flaherty, 119 App. Div. 462. § 65. Seal. The seal heretofore provided for the courts of special sessions in said city on which is engraved the arms of the state and the words "court of special sessions of the city of New York" with the number of the division of the court, shall continue to be the seal of the court, and all process issued by said court shall be sealed with the said seal and signed by the clerk of said court. Am'd L. 1904, ch. 563. In effect Sept. 1, 1904. 55 66 and 67 repealed by L. 1904, ch. 563. In effect Sept. 1, 1904. 25 |