TITLE IV.

OF THE COURTS OF SESSIONS.

CHAPTER I. The courts of sessions, other than in the city and county of New-York. II. The court of sessions in the city and county of New-York.

CHAPTER I.

The courts of sessions, other than in the city and county of New York.

§ 29. The courts of sessions embraced in this chapter, respectively have power.

1. To inquire, by the intervention of a grand jury, of all public offences committed or triable within the county:

2. To try and determine indictments found therein or sent thereto by the court of oyer and terminer of the county, for public offences not punishable with death:

3. To remove justices of the peace and judges and justices of inferior courts, not of record, in cities within their respective counties, and their clerks, after due notice and an opportunity of being heard in their defence, for causes to be stated in the order of removal, as provided in sections 107 to 119, both inclusive:

5. To hear and determine appeals from orders of justices of the peace, under the statutes respecting the support of bastards:

6. To examine into the circumstances of persons committed to prison as parents of bastards, and to discharge them in the cases provided by statute:

7. To hear and determine complaints under the statutes respecting masters, apprentices and servants:

8. To review the convictions of disorderly persons actually imprisoned, and to execute the powers conferred and duties imposed by statute in relation to such persons:

9. To continue or discharge the recognizances, undertakings and bonds of persons bound to keep the peace or to be of good behavior, or both; and to inquire into and determine the complaints on which the same were founded:

10. 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 statute:

11. To exercise the powers conferred by statute, in relation to the estates of persons absconding and leaving their families chargeable to the public:

12. To exercise such other powers and duties as are or may be conferred or imposed by the constitution and statutes of this state.

§ 30. When an indictment is found in one of these courts for an offence punishable with death, the court shall send it to the court of oyer and terminer of the county.

§ 31. These courts may also send any indictment, found therein and remaining undetermined, for an of fence not punishable with deeth, to the next court of

oyer and terminer of the same county, to be determined according to law; but that court, if in their opinion the same is not proper to be tried therein, may remit it back to the court by which it was sent, which must proceed thereon as if it had remained there.

§ 32. These courts shall be held by the county judge, together with two justices of the peace of the county, designated, according to section 40, of the act relating to the judiciary, passed May 12, 1817, as members of the courts of sessions.

§ 33. These courts shall be held at the same place and commence on the same day as the general terms of the county courts in the respective counties, and may be continued as long as the court may deem necessary.

§ 34. The clerks of the several counties shall continue to be the clerks of these courts.

CHAPTER II.

The court of sessions in the city and county of New-York.

§ 35. The court of general sessions in the city and county of New-York, shall be hereafter known as the court of sessions of the city and county of New-York.

§ 36. This court has power,

1. To inquire, by the intervention of a grand jury, of all public offences committed or triable within the city and county of New-York:

2. To try and determine any indictment found therein or sent thereto by the court of oyer and terminer in the city and county of New-York, for a public offence not punishable with death.

3. To remove police justices and justices of the assistant justices' courts of the city of New-York, and their clerks, after due notice and an opportunity of being heard in their defence, for causes to be stated in the order of removal.

4. In cases arising in the city and county of NewYork, such as are enumerated in subdivisions 5 to 12, both inclusive, of section 29.

§ 37. When an indictment is found in this court for an offence punishable with death, it shall be sent to the next court of oyer and terminer in the city and county of New-York.

§ 38. This court may be held by the recorder of the city of New-York, the three judges of the court of common leas for the city and county of New-York, and the mayor and aldermen of that city, or by any three of them; of whom the recorder or one of the three judges of the court of common pleas must be one. But it is the special duty of the recorder to hold the court and preside therein.

§ 39. Any two, but no more, of the aldermen of the city of New-York, who may sit as judges of the court when notified by the recorder for that purpose, shall receive for their services in this respect, such compensa、

tion as is or may be provided by the common council of the city of New-York.

§ 40. The court shall be held on the first Monday of every month, and may be continued until the fourth Saturday thereafter, inclusive.

§ 41. If the trial of a cause be commenced before the expiration of the term, the court may be continued beyond the term, till the completion of the trial, and the rendering of judgment on the verdict.

$42. The clerk of the court shall be appointed by the court, shall hold his office for three years, unless sooner removed by the court, and shall receive a salary to be fixed by the supervisors of the city and county of NewYork, and paid out of the county treasury.

§ 43. There shall also be a deputy clerk of the court, who shall be appointed by and hold his office during the pleasure of the clerk, and whose salary shall be fixed and paid in like manner.

§ 44. A crier shall be appointed by the court, to hold his office during their pleasure. He shall receive a salary to be fixed and paid in like manner.