case, sufficient reason reasons must be shown for the remov. al, and when removed, the court may remit the case to the court from which the removal was had. It is proposed, instead of this inconvenent practice, to substitute, in all cases, a removal by the supreme court, where good cause is shown, into the court of oyer and terminer of the same or another county. The object usually sought by the removal of an indictment into the supreme court, is the change of the venue to another county, where a fair trial can not be had in the county in which the indictment was found; and a removal into the court of oyer and terminer of the same county was ordinarily asked, in consequence of the difficulty of the case. Both these objects are attained, by the uniform mode of procedure proposed in the code. The application is to be made to the supreme court for this purpose; and if sufficient cause be shown, the order of that court removing the cause into the oyer and terminer of the same or another county, is final. § 362. All writs and other proceedings heretofore existing, for the removal of criminal actions prosecuted by indictment, from one court to another before trial, are abolished; and the only mode of removing a criminal action, prosecuted by indictment, from one court to another, before trial, is that prescribed by this chapter. § 363. A criminal action, prosecuted by indictment, may, at any time before trial, on the application of the defendant, be removed from the court in which it is pending, as provided in this chapter, in the following cases: 1. From a court of sessions or a city court, to the court of oyer and terminer of the same county, for good cause shown: 2. From a court of oyer and terminer or sessions, or a city court, to the court of oyer and terminer of anoth er county, on the ground that a fair and impartial trial cannot be had in the county or city where the indictment is pending. § 364. If one or more trials be had, and a new trial is necessary, either by reason of the discharge of a jury without a verdict, or of the granting of a new trial, the removal may be allowed at any time before the new trial. 365. The application for the order of removal must be made to the supreme court, at a special term in the district, upon notice of at least ten days to the district attorney of the county where the indictment is pending, with a copy of the affidavits or other papers on which the application is founded. § 366. To enable the defendant to make the application, a judge of the supreme court may, in his discretion, upon good cause shown by affidavit, make an order staying the trial of the indictment until the application can be made and decided. § 367. When an application for an order to stay the trial is made to a judge of the supreme court, he must endorse his decision on the affidavits or other papers presented to him, and cause them to be immediately filed with the clerk of the court in which the indictment is pending. § 368. If the application for an order to stay the trial be made to one judge and denied, a similar application cannot be made to another judge. § 869. A violation of the last section is punishable as a misdemeanor, and as a contempt of the court in which the indictment is pending; and that court must vacate an order of removal made in violation thereof. § 370. If the supreme court order the removal of the action, a certified copy of the order for that purpose must be delivered to and filed by the clerk of the court where the indictment is pending; who must thereupon transmit the same with a certified copy of the pleadings and proceedings in the action, including the undertakings for the appearance of the defendant or of the witnesses, to the court to which the action is removed. § 371. If the defendant be in custody, and the removal be to the court of oyer and terminer of anothe county than that where the indictment is pending, the order must provide for the removal of the defendant, by the sheriff of the county where he is imprisoned, to the custody of the proper officer of the county to which the action is removed; and he must be forthwith removed accordingly. § 372. An order for the removal of the action is of no effect, unless a certified copy thereof be filed, as required by section 370, before a juror is sworn to try the indictment. The court to which it is removed, must thereupon proceed to trial and judgment therein. TITLE VI. OF THE PROCEEDINGS ON THE INDICTMENT, BEFORE TRIAL. CHAPTER I. The mode of trial., 11. Formation of the trial jury. CHAPTER I. THE MODE OF TRIAL. SECTION 373. Issue of fact, defined. 374. How tried. 375. On trial for a misdemeanor, defendant may appear by counsel. In felony, his personal appearance is necessary. § 373. An issue of fact arises, 1. Upon a plea of not guilty: or, 2. Upon a plea of a former conviction or acquittal of the same offence. § 374. An issue of fact must be tried by a jury of the county in which the indictment was found, unless the action be removed, by order of the supreme court, into the court of oyer and terminer of another county, as provided in the second subdivision of section 363. This section is founded upon 2 R. S., 3d ed. 819, sec. 1, as modified by section 363, of this code. 375. If the indictment be for a misdemeanor, the trial may be had in the absence of the defendant, if he appear by counsel; but if for a felony, he must be personally present. Declaratory of the existing practice. See also, Liv. Crim. Code, 527, art. 320. CHAPTER II. SECTION 376. FORMATION OF THE TRIAL JURY. Jurors in courts of oyer and terminer, and city courts. 377. Jury for courts of sessions, except in the city of New-York, only when ordered by court or supervisors. 378-380. Form of the order, when and how filed, and its effect. 381. Additional jurors for oyer and terminer in New-York, by whom, and how ordered. 382. Ballots of the jurors returned, to be deposited in a box. 383. When indictment called for trial, names of jurors to be called. Proceeding, as to those who are absent. 384. Drawing the jury. 385,386. Ballots of jurors drawn, how disposed of. 387. Ballots of absent jurors, how disposed of. 388. If twenty-four jurors not present, court must order sheriff to summon others. 389. Jurors so ordered, how drawn in New-York. 390. How designated in other counties. 391. Their names to be deposited in a box. 392. Drawing of a jury thereon. 393. Of whom the jury consists. 394. Talesmen, how ordered and summoned. § 376. The jurors duly drawn and summoned for the trial of issues of fact, at a circuit court, are also the jurors for the trial of issues of fact upon indictments at the court of oyer and terminer held at the same time; and those summoned for the trial of issues of fact, in civil actions, at a city court, are in like manner, the jurors for the trial of issues of fact upon indictments, at that court. Taken in part from 2 R. S., 3d ed. 819, sec. 2. The rest of the section carries out the same principle. § 377. A jury must be drawn for the courts of sessions, (except in the city and county of New-York,) only when ordered by the court, or by the supervisors of the county, |