PART II.

Of the courts having original jurisdiction in criminal·

actions.

TITLE I. Of the courts of original criminal jurisdiction, generally.

II. Of the court for the trial of impeachments.

III. Of the courts of oyer and terminer.

IV. Of the courts of sessions.

V. Of the mayors' courts of the cities of Albany and Rochester, and the recorders' courts of the cities of Buffalo, Utica and Oswego.

VI. Of the police courts.

TITLE I.

OF THE COURTS OF ORIGINAL CRIMINAL JURISDICTION GENERALLY.

§ 15. The following are the courts of justice of 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 court of sessions:

4. The mayors' courts of the cities of Albany and Rochester, and the recorders' courts of the cities of Buffalo, Utica and Oswego:

5. The police courts.

They are severally courts of record, except the police courts, which are courts not of record.

§ 16. The courts of record enumerated in the last section, shall continue to exercise the jurisdiction now vested in them respectively, except as otherwise prescribed by this code; and those not of record, shall exercise the jurisdiction conferred by section 50.

TITLE II.

OF THE COURT FOR THE TRIAL OF IMPEACHMENTS.

§ 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, and judges and justices of inferior courts not of record, and their clerks, for wilful and corrupt misconduct in office.

§ 18. The court is composed of the president of the senate, the senators or the major part of them, and the judges of the court of appeals or the major part of them. But on the trial of an impeachment against the governor, the lieutenant-governor shall not act as a member of the court.

§ 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 shall elect, shall be 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 shall cause the court to be summoned to meet at the capitol, in the city of Albany, as provided in section 93.

§ 22. At the time and place appointed, and before the court proceed to act on the impeachment, the clerk shall 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 shall act or vote upon the impeachment, or any question arising thereon, without having taken such oath or affirmation.

TITLE III.

OF THE COURTS OF OYER AND TERMINER.

23. The courts of oyer and terminer, respectively, have power,

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 mayor's or recorder's court within the county, for an offence punishable with death :

3. To try and determine any indictment which may have been found at any of the courts mentioned in the second subdivision 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 such indictment which may have been sent or removed to that court, to a court of sessions or mayor's or recorder's court, when in the opinion of the court of oyer and terminer, the same should not be tried therein:

5. To inquire into the cause of the detention of persons imprisoned in the jails of their respective counties, and make an order for their recommitment or discharge, or otherwise, according to law.

§ 24. These courts shall (except in the city and county of New-York,) be held by a justice of the supreme court as the presiding judge, together with the county judge and two justices of the peace, designated according to section 40, of the act relating to the judiciary, passed May 12, 1847, as members of the courts of sessions, or with any two of those officers.

§ 25. In the city and county of New-York, the court of oyer and terminer shall be held by a justice of the supreme court as the presiding judge, together with the

three judges of the court of common pleas for the city and county of New-York, and the mayor, recorder and aldermen of that city, or with any two or more of those officers.

§ 26. The number of terms of these courts annually in the several counties, the duration thereof, the mode of appointing the times and places of holding the same, and of designating the judges of the supreme court by whom they shall be held, and the manner of appointing extraordinary courts of oyer and terminer, are prescribed by sections 18 to 27, both inclusive, of the code of procedure.

§ 27. The clerks of the several counties shall be the clerks of those courts, except that in the city and county of New-York, the clerk of the court of sessions shall be the clerk of the court of oyer and terminer.

§ 28. A crier for each of these courts may be appointed by the board of supervisors of the county, to hold his office during their pleasure. He shall receive a compensation to be fixed by them, and paid out of the county treasury.