PART I.

OF THE COURTS HAVING ORIGINAL JURISDICTION IN CRIMINAL ACTIONS.

TITLE I. Of the courts of original criminal jurisdiction, in general.

II. Of the court fort e trial of impeachments.

III.

Of the courts of oyer and terminer.

IV. Of the courts of sessions.

V. Of the city courts.

VI. Of the police courts.

TITLE I.

OF THE COURTS OF ORIGINAL CRIMINAL JURISDICTION, IN GENERAL. SECTION 16. The courts of original criminal jurisdiction.

§ 16. The following are the courts of justice in this state, having original jurisdiction of criminal actions: 1. The court for the trial of impeachments:

2. The courts of oyer and terminer :

3. The courts of sessions:

4. The city courts:

5. The police courts.

They are courts of record; except that the police courts are deemed inferior courts not of record, within the section of the constitution providing for the removal of justices of the peace, and judges or justices of inferior courts not of record, and their clerks, by such county, city, or state courts as may be prescribed by law; but for no other purpose.

This section contains an enumeration of the existing courts of criminal jurisdiction, except that the police courts are substituted for the courts of special sessions with substantially the same powers. The distinction between courts of record, and not of record, is abrogated, for the reasons stated in the note to section 20 of the Code of Civil Procedure.

23.

Compensation of members and officers of the court.

§ 17. The court for the trial of impeachments has power to try impeachments, when presented by the assembly, of all civil officers of the state, except justices of the peace, justices of justices' courts, police justices, and their clerks, for wilful and corrupt misconduct in office.

The new constitution, art. 6, sec. 1, is silent as to the cases in which the assembly may impeach, conferring the power of impeachment upon that body in general terms. The constitution of 1821, art. 5, sec. 2, defined this power by applying it to "mal and corrupt conduct in office," which is substantially the same as in the constitution of 1777, sec. 33. As the power referred to in the present constitution is the same as that formerly existing, it seems useful to embody it in the above provision. The words "wilful and corrupt misconduct in office," convey the same idea, in what the Commissioners deem a preferable form of expression.

§ 18. The court is composed of the president of the senate, the senators or a majority of them, and the

judges of the court of appeals or a majority of them. But on the trial of an impeachment against the governor, the lieutenant-governor cannot act as a member of the court.

Taken from the constitution, art. 6, sec. 1.

§ 19. The president of the senate, or in case of his impeachment, death or absence, the chief judge of the court of appeals, or in the absence of both, such other member as the court may elect, is the presiding judge of the court.

§ 20. The clerk and officers of the senate are the clerk and officers of the court for the trial of impeachments.

§ 21. There are no stated terms of this court; but upon the delivery of an impeachment from the assembly, the president of the senate must cause the court to be summoned to meet at the capitol in the city of Albany, on a day not less than thirty nor more than sixty days from the day of the delivery of the articles of impeachment.

Same as the judiciary act, Laus of 1847, p. 319, sec. 1.

§ 22. At the time and place appointed, and before the court proceeds to act on the impeachment, the clerk must administer to the presiding judge, and the presiding judge to each of the members of the court then present, an oath or affirmation truly and impartially to hear, try and determine the impeachment; and no member of the court can act or vote upon the impeach

ment, or any question arising thereon, without having taken this oath or affirmation.

Substantially the same as 2 R. S., 3d ed. 224; except that the word "impeachment" on the 6th line, has been substituted instead of the words "the charge in question," in conformity with the difference of phraseology in this respect, between the constitution of 1821, art. 5, sec. 2, and the present, art. 6, sec. 1.

§ 23. When the court is held during the recess of the legislature, the president of the senate, the senators, and the clerk and officers, of the court, are entitled to the same compensation for their attendance thereon, and for travelling to and from the place where it is held, as is allowed them at a meeting of the senate.

Taken from 2 R. S., 3d ed. 224, sec. 13, except that it includes the president of the senate and senators.

TITLE III

OF THE COURTS OF OYER AND TERMINER.

SECTION 24. Court of oyer and terminer in each county.

25-27. Its jurisdiction.

28, 29. By whom held.

30. When and where held, and duration thereof.

§ 24. There is in each of the counties of this state, (except, that for this purpose, Fulton and Hamilton are deemed one county,) a court, denominated the court of oyer and terminer, with the jurisdiction conferred by the next three sections, and no other. But nothing contained in this section affects its jurisdiction in actions or proceedings now pending therein.

§ 25. The court of oyer and terminer has jurisdiction, 1. To inquire, by the intervention of a grand jury, of all public offences committed or triable in the county:

2. To try and determine any indictment found therein, or which may have been found at the court of sessions of the county, or at a city court therein, for an offence punishable with death:

any

3. To try and determine indictment which may have been found at any of the courts mentioned in the second sub-division of this section, for an offence not punishable with death, and which may be sent or removed to the court of oyer and terminer, if in the opinion of that court it be proper to be tried therein:

4. To send any indictment found therein for an offence not punishable with death, or to send back any indictment which may have been sent or removed to that court, to the court of sessions of the county, or a city court therein, when in the opinion of the court of oyer and terminer, the same should not be tried in that court:

5. To inquire into the cause of the detention of persons imprisoned in the jail of the county, and make an order for their re-commitment or discharge, or otherwise, according to law;

6. To exercise the powers conferred upon it by other provisions of this code.

Substantially the same as 2 R. S., 3d ed., 270, 271, sec. 35, 36, 37.