TITLE II.

OF THE PROCEEDINGS IN THE POLICE COURTS, IN THE CITY AND COUNTY OF NEW-YORK.

§ 830. The police courts, in the city and county of New-York shall proceed upon a charge for a public of fence, in the manner prescribed in the last title, except as provided in this title.

§ 831. When a police court, in the city and county of New-York has jurisdiction of the offence, as provided in section 50, it shall proceed to the trial, in the following cases:

1. When the defendant has requested to be tried by a police court:

2. When, (not having made such request, and after having been required by the magistrate, before whom he was brought, to give bail for his appearance at the next court of sessions, he shall have omitted to do so for twenty-four hours after being so required,) a jury is not demanded by him, on being brought before the court for trial.

§832. If, in the case mentioned in the second subdivision of the last section, a jury be demanded, the magistrate before whom the defendant was originally brought, must proceed to the examination of the charge, and to hold the defendant to answer, or discharge him, as provided in sections 180 to 213, both inclusive.

§833. The trial shall, in all cases, be before the court without a jury.

§ 834. Subpoenas for witnesses, and the certificate of the judgment, shall be signed by the clerk of the court, who shall also enter all the proceedings of the court, and the sentences upon convictions, in a book of minutes.

§ 835. Fines, imposed by the court, shall be received by the clerk, if paid before committal in execution of the judgment. He shall, every thirty days, render to the comptroller of the city, accounts of the fines imposed and received by him, and of the expenses attending the court.

§ 836. All fines, not paid to the clerk, as provided in the last section, shall be received by the sheriff of the city and county of New-York; who shall, within thirty days thereafter, pay them to the comptroller of the city, in the same manner as he is required to pay fines imposed by the court of sessions, and received by him.

§ 837. No transcript of a conviction, had in a police court, in the city and county of New-York, need be certified or filed; but a copy of the minutes of the conviction, certified by the clerk, shall be conclusive evidence of the facts contained therein.

TITLE III.

OF APPEALS FROM THE POLICE COURTS.

§ 838. A judgment upon conviction, rendered by a police court, may be reviewed by the court of sessions of the county, upon an appeal, as prescribed by this title, and not otherwise.

§ 839. An appeal shall not be allowed for any other cause than the erroneous decision of the court, in the course of the proceedings before it, or in the determination of the cause: and it can in no case be allowed, upon the ground that the verdict was against evidence, when the action was tried by a jury.

§ 840. For the purpose of appealing, the defendant, or some one on his behalf, must, within ten days after the judgment, make or cause to be made, an affidavit stating the facts showing the alleged errors in the proceedings or conviction complained of, and must, within that time, present the same to the county judge or a judge of the supreme court, or in the city and county of New-York, to the recorder of the city of New-York, or one of the three judges of the court of common pleas for that city and county; and may apply thereon for the allowance of the appeal.

§ 841. If in the opinion of the judge it is proper that the question arising on the appeal should be decided by the court of sessions, he shall endorse on the affidavit an allowance of the appeal to that court.

§ 842. Upon allowing the appeal, the judge may take from the defendant, a written undertaking, with such sureties as he shall approve, that the defendant will abide the judgment of the court of sessions upon the appeal; and may thereupon order that he be discharged from his imprisonment, upon the judgment of the police court, on service of the order upon the officer having him in custody, or if he be not in custody, that all proceedings on the judgment be stayed.

§ 843. The undertaking upon the appeal must be immediately filed, with the clerk of the court of sessions.

§ 844. The affidavit and the allowance of the appeal shall be delivered to the magistrate who tried the action, or, if in the city and county of New-York, to the clerk of the police court, within five days after the allowance of the appeal, and when so delivered, the appeal shall be deemed taken.

§ 845. The magistrate or court rendering the judgment, must make a return to all the matters stated in the affidavit, and must cause the affidavit and return to be filed in the office of the clerk of the court of sessions, within ten days after the service of the affidavit and the allowance of the appeal.

§ 846. If the return be not made within the time prescribed in the last section, the court of sessions or the presiding judge thereof, may order that a return be made within such time as may be reasonable; and the

court may compel a compliance with the order, by attachment.

§ 847. If the return be defective, a further or amended return may be ordered, and the order may be enforced in the manner provided in the last section.

§ 848. When the return is made, the appeal may be brought to argument by the defendant, on any day in term, upon a notice of not less than five days before the commencement of the term, to the district attorney of the county.

§ 849. If the defendant omit to bring the appeal to argument, as provided in the last section, the court shall dismiss it, unless it continue the same, by special order, for cause shown.

§ 850. The defendant must serve upon the district attorney, a copy of the return, with or before the notice of argument. If he fail to do so, the appeal shall be dismissed upon proof of such failure, unless the court otherwise direct.

§ 851. If the appeal be brought to hearing by the defendant, it must be argued, though no one appear to oppose; but if brought on by the district attorney, he may take judgment by default, unless the defendant appear to argue the appeal.