TITLE 4. $34. The secretary of state shall, without delay, transmit to the district attorney of the county for which such commission shall have Copy to be Bent to district been issued, a copy thereof. attorney. Special courts, how Notice to district attorney. Precept by dist. attorney Contents of precept. Proclamation $35. Whenever it shall become necessary, by reason of the number of the prisoners confined in the jail of any county, or by reason of the importance of the offences charged upon such prisoners, to appoint a special court of oyer and terminer and jail delivery, the circuit judge of the circuit within which such county shall be situated, shall have power, by warrant under his hand and seal, to appoint a court of oyer and terminer and jail delivery, for such county, to be held therein, at some place provided by law, at such time as he may designate in such warrant, not less than thirty days from the date thereof.80 $36. The circuit judge issuing such warrant, shall forthwith transmit the same to the district attorney of the county. $37. The district attorney of every county, at least twenty days before the time appointed for the holding of such or any other court of oyer and terminer and jail delivery, in his county, shall issue a precept to be tested and sealed, in the same manner as process issued out of the courts of oyer and terminer and jail delivery, and to be directed to the sheriff of his county.81 $38. Every such precept shall mention the time and place at which such court is to be held, and shall command the said sheriff, 1. To summon the several persons who shall have been drawn in his county, pursuant to law, to serve as grand and petit jurors at the said court, to appear thereat: 2. To bring before the said court, all prisoners then being in the jail of such county, together with all process and proceedings any way concerning them in the hands of such sheriff: 3. To make proclamation in the manner prescribed by law, notifying all persons bound to appear at the said court, by recognizance, or otherwise, to appear thereat; and requiring all justices of the peace, coroners, and other officers who have taken any recognizance for the appearance of any person at such court, or who have taken any inqui sition, or the examination of any prisoner or witness, to return such recognizances, inquisitions and examinations, to the said court, at the opening thereof, on the first day of its sitting.81 $39. The sheriff to whom any such precept shall be directed and to be publish delivered, immediately on the receipt thereof, shall cause a proclamation in conformity thereto, signed by him, to be published once in each week, until the sitting of the court, in one or more of the newspapers printed in the said county. The expense of such publication shall be a county charge. (80) 1 R. L. p. 339, § 15. (81) Ib. § 16. TITLE 5. Seals of $40. The seals heretofore devised or adopted by the several courts of oyer and terminer and jail delivery, shall continue to be the seals of the said courts respectively; and where none have been devised, the courts of oyer court shall have power to make and devise such seal. and terminer. process. $ 41. All writs and process issuing out of, and returnable in, the Teste of said courts of oyer and terminer and jail delivery, shall be tested in the name of the circuit judge of the circuit; or in case of a vacancy in his office, in the name of the chief justice of the supreme court.82 $42. All such process, if issued when the said court of oyer and b. terminer and jail delivery is not in session, may be tested on any day in the last preceding term of the said court; if issued during the sitting of the court, it shall be tested on the day of its being issued.82 $43. The courts of oyer and terminer and jail delivery, may di- Where direct their writs into any of the counties of the state, as occasion may require.82 rected. Clerks of cir $44. The clerks of the several counties, (the city and county of cuita, &c. New-York excepted,) shall, by virtue of their offices, be clerks of the circuit courts, and courts of oyer and terminer and jail delivery, within their respective counties.83 $45. The clerk of the supreme court residing in the city of New-lb. York, shall be clerk of the sittings and circuit courts held in and for the city and county of New-York.84 TITLE V. OF THE COURTS OF COMMON PLEAS AND GENERAL SESSIONS OF Src. 1. Powers and jurisdiction of courts of common pleas. 2. By whom to be held. 3. Courts of general sessions, by whom to be held. 4. When justices of the peace may be associated to hold court. 5. Powers of courts of general sessions enumerated. 6. To send indictments not triable by them, to oyer and terminer. 7. And indictments not tried; and to try such as are sent back. 8. If judges do not attend first day, courts how adjourned. 9. Proceedings if they do not attend on second day. 10. Judges being inhabitants of town interested in appeals, not to sit, &c. 11. Teste and return of process of common pleas and general sessions. 12. Seals of common pleas. 13. In whose name writs in common pleas to be tested; process of general sessions to be under seals of judges. 14. Clerks of counties to be clerks of common pleas and sessions, except in New-York. 15. Form of caption of records in common pleas. 16. Form of records, after the caption. 17. Form of continuances, after issue joined. 18. Names of judges and authority of court, not to be inserted. 19. Duration of terms of common pleas and general sessions, &c. 20. Times and places of holding common pleas and general sessions in the several counties of this state. 21. In cases not otherwise directed, courts to be held at court-houses. (82) Laws of 1823, p. 212, § 9. (83) 1 R. L. p. 333, § 10. (84) Laws of 1823, p. 426, § 13. TITLE 5. SEC. 22 & 23. Common pleas in New-York, by whom to be held. Powers and jurisdiction common pleas. 24. Clerk of county to be clerk of common pleas, and to give bond. 26. Terms of common pleas of New-York. 27. General sessions in New-York, by whom to be held. 28. Special duty of recorder to hold general sessions. 29. Powers of general sessions. 30. Duty of aldermen to attend general sessions. 31. Court, when and how long to be held. 32. Common pleas in Albany, by whom may be held. 33. Three judges to be present, to perform certain acts. 34. Times of holding common pleas and general sessions in Albany. $ 1. There shall continue to be a court of common pleas in each of courts of county of this state, which shall possess the powers and exercise the jurisdiction, which belonged to the courts of common pleas of the several counties in the colony of New-York, with the additions, limitations and exceptions, created and imposed by the constitution and laws of this state, and every such court shall have power, By whom to be held. neral sessions 1. To hear, try and determine, according to law, all local actions, arising within the county for which such court shall be held; and all transitory actions, although the same may not have arisen within such county: 2. To grant new trials: 3. To hear and determine appeals from justices' courts, in the cases and in the manner prescribed by law: 4. To exercise the power and jurisdiction conferred on them by law over the persons and estates of habitual drunkards: and, 5. To exercise such other powers and duties, as may be conferred and imposed by the laws of this state.85 three of S2. The judges of the county courts of each of the counties in this state, (the city and county of New-York excepted) or any them, shall have power to hold the courts of common pleas, in their respective counties.86 Courts of ge- § 3. Any three of the judges of the county courts of each of the by whom held counties of this state, except the county of New-York, shall have power to hold courts of general sessions in their respective counties. When justices of the peace may be associated. Enumeration of powers of general ses sions. 86 $ 4. When a sufficient number of judges of the county courts shall not appear, to hold a court of general sessions, then one or more justices of the peace of the same county, shall be associated with such judge or judges as shall attend; but no such court shall be held without the presence of at least one judge, and it shall in no case consist of more than five persons.86 $5. Every court of general sessions of the peace shall have power, 1. To inquire, by the oaths of good and lawful men of the county, of all crimes and misdemeanors committed or triable in such county: 2. To hear, determine and punish, according to law, all crimes and misdemeanors not punishable with death, or imprisonment in the state prison for life: (85) 2 R. L. p. 141, §3; Laws of 1823, p. 40, § 1. (86) Laws of 1823, p. 40, § 1 & 3. 3. To hear and determine all appeals from any order of justices of TITLE 5. the peace, under the laws 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 hear and determine the complaints which shall be made to such court, under the laws respecting masters, apprentices and ser vants : 6. To review the convictions of disorderly persons actually imprisoned, and to execute the powers conferred, and duties imposed by law, in relation to such persons: 7. To continue or discharge the recognizances and bonds of persons bound to keep the peace, or to be of good behaviour, or both; and to inquire into and determine the complaints on which the same 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 in the 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 in the said court for any crime or misdemeanor triable therein, as provided by law : 11. To discharge persons who shall have remained in prison without being indicted, or without being tried, in the cases prescribed by law: and, 12. To execute such other powers and duties as may be conferred and imposed by the laws of this state.87 and oyer dictments ta oyer & ter $6. The several courts of general sessions, shall send all indict- To send inments for offences not triable therein, to the next court of terminer and jail delivery, to be held in their respective counties, miner. there to be determined according to law.87 such as are $7. The said courts may also, by an order to be entered in their Ib. and to try minutes, send all indictments for offences triable before them, against sent back. prisoners in jail, and others, which shall not have been heard or determined, to the next court of oyer and terminer and jail delivery, to be held in their respective counties, to be there determined according to law; and if any such indictment shall be remitted back, without trial, by the court of oyer and terminer and jail delivery, to the court from which it came, such court may proceed thereon.67 adjourned, if $ 8. If a sufficient number of persons authorised to hold any of the courts to he said courts of common pleas or general sessions, shall not attend for judges do not that purpose, before five o'clock in the afternoon of the day on which such court is to be held, it shall be the duty of any judge of the coun attend. TITLE 5. ty courts, who shall attend, or if there be none present, of the sheriff or clerk of the county, to adjourn the same court to the next day.88 Ib. Certain judg es not to sit $9. If a sufficient number to hold such court, shall not attend before five o'clock in the afternoon of the said adjourned day, it shall be the duty of such judge of the county courts, or if there be none present, of such sheriff or clerk, to adjourn the said court without day.88 $10. In all cases of appeal to any court of general sessions of the on appeals. peace, wherein any town in the county shall be interested, no judge or justice of the peace being an inhabitant of such town, shall sit in court, upon the hearing of such appeal.89 Teate and return of pro Seals of common pleas. Writs in com. pleas, how tested. $ 11. All writs or process which shall issue out of either of the said courts of common pleas or general sessions, may be tested on any day of the term in which such court shall sit, and be made returnable on any other day of the same term, or at the next term.90 S 12. The seals of the several courts of common pleas already devised, shall continue to be the seals of the courts of common pleas of the respective counties.91 $13. All process issued out of the court of common pleas, shall be tested in the name of the first judge of the county courts of the respective counties; if the office of first judge be vacant, in the name of any Seals to pro- other judge of said court. Process issued out of the courts of general ral sessions. sessions, in cases not otherwise provided for by law, shall be under the hands and seals of the several judges or justices present in court, at the time the same shall be granted.92 cess of gene Clerks of com. pleas & sessions. Forms of re cords in common pleas. Captions. Entries after caption. $14. The clerks of the several counties, (except the city and county of New-York,) shall be clerks of the courts of common pleas and general sessions of their respective counties.93 $15. The caption of all records of judgments in the courts of common pleas, shall be in the following form: "Pleas in the court of common pleas held at" [the place at which the court shall be held] "in and for the county of Westchester," [or other county, as the case may be,]"before the judges of the same court, on" [such day as the process against the defendant shall be returnable, and shall be returned served.]94 S 16. In all records of judgments to be made up in the courts of common pleas, it shall be sufficient, immediately after the caption thereof, to enter the declaration, without setting forth on the record, the plaint or process against the defendant, or any memorandum or other matter. If judgment is not entered, or the defendant shall not plead, at the same term of which the declaration is filed, an imparlance shall be entered to the term when judgment is entered, or the plea of the defendant shall come in, without entering any continuance from term to term.94 (89) Laws of 1823, p. 40, § 2. (90) 2 R. L. p. 147, § 8. (91) Laws of 1823, p. 40, § 5' (92) Ib. § 1. (93) Ib. § 4. (94) 2 R. L. p. 147. |