The practice, as prescribed in this title, is new, but is deemed convenient and proper. Heretofore, in cases of this kind, no uniform system of practice has existed. The constitution requires, (as did that of 1821,) nothing more than that an opportunity should be given to the accused party to be heard in his defence, and that the cause of removing him should be assigned in the order. In order to establish an uniformity of practice on this subject, the code provides, that an accusation in writing shall be presented to the presiding judge of the court of sessions, stating the offence charged, in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended, and verified by the oath of the person making it, to the effect that he believes the charges to be true. The accusation is to be transmitted to the district attorney, who is to serve a copy of it on the defendant, and give him notice of at least twenty days, to appear and answer the accusation, either at a term of the court, or at any other time appointed by the presiding julge. The defendant must appear and answer the accusation, at the time appointed, or at another time to be assigned by the court. If he do not appear, the court may proceed to the trial in his absence. The answer may be, either an objection to the sufficiency of the accusation or a denial of its truth. If the former, the objection must be in writing, but without regard to form, so that it present intelligibly the grounds of the objection; if the latter, it may be oral and without oath. If the objection to the sufficiency of the accusation be not sustained, the defendant is required to answer it forthwith. If he plead guilty or refuse to answer, judgment of conviction is to be rendered. If he deny the accusation, he is to be tried immediately, or at a time to be appointed. He is not to be convicted, without the concurrence of a majority of the members who heard the trial; and if a majority do not convict him, he is to be acquitted. On conviction, judgment of removal is to be given, and entered upon the minutes, assigning therein the causes of the removal.

§ 116. An accusation in writing against a justice of the peace, a police justice or a justice of a justice's court, or any of their clerks, for wilful or corrupt misconduct in office, may be presented to the presiding

judge of the court of sessions of the county, in or for which the officer accused is elected or appointed.

§ 117. The accusation must state the offence charged, in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended; and must be verified by the oath of the person making it, to the effect that he believes the charges therein contained to be true.

§ 118. After receiving the accusation, the judge to whom it is delivered must forthwith cause it to be transmitted to the district attorney of the county, who must cause a copy thereof to be served upon the defendant, and require by written notice, of not less than twenty days, that he appear before the court of sessions of the county and answer the accusation, at a specified time, which must be either at a term of the court, or at any other time appointed by the presiding judge, by a written order filed with the clerk.

§ 119. The defendant must appear at the time appointed in the notice, and answer the accusation, unless, for sufficient cause, the court assign another day for that purpose. If he do not appear, the court may proceed to hear and determine the accusation in his absence.

§ 120. The defendant may answer the accusation either by objecting to the sufficiency thereof, or of any article therein, or by denying the truth of the same.

§ 121. If he object to the legal sufficiency of the accusation, the objection must be in writing, but need not be in any specific form; it being sufficient, if it present intelligibly the grounds of the objection.

122. If he deny the truth of the accusation, the denial may be oral and without oath, and must be entered upon the minutes.

§ 123. If an objection to the sufficiency of the accusation be not sustained, the defendant must answer the accusation forthwith.

§ 124. If the defendant plead guilty, or refuse to answer the accusation, the court must render judgment of conviction against him. If he deny the matters charged, the court must immediately, or at such time as they may appoint, proceed to try the accusation.

§ 125. The defendant cannot be convicted, without the concurrence of a majority of the members of the court who heard the trial; if a majority do not concur in a conviction, he must be declared acquitted.

§ 126. Upon a conviction, the court must immedi ately, or at such other time as they may appoint, pronounce judgment that the defendant be removed from office. But to warrant a removal, the judgment must be given by a majority of the members of the court, who heard the trial, and must be entered upon the minutes, assigning therein the causes of removal.

PART IV.

OF THE PROCEEDINGS IN CRIMINAL ACTIONS PROSECUTED BY INDICTMENT.

TITLE I. Of the local jurisdiction of public offences.
II. Of the time of commencing criminal actions.
III. Of the information, and proceedings thereon to
the commitment, inclusive.

IV. Of the proceedings after commitment, and be
fore indictment.

V. Of the indictment.

VI. Of the proceedings on the indictment before trial.

VII. Of the trial.

VIII. of the proceedings after trial, and before judg

ment.

IX. Of the judgment and exccution.

X. Of appea's.

XI. Of miscellaneous proceedings.

TITLE I

OF THE LOCAL JURISDICTION OF PUBLIC OFFENCES.

SECTION 127.

Jurisdiction of offences committed in this state.

128. When the offence is commenced without, but consummated within

this state.

129. When an inhabitant of this state is concerned in a duel out of the same, and a party wounded dies therein.

130. When an inhabitant of this state leaves the same, to elude the statutes against duelling.

131. When an offence is committed partly in one county and partly in
another.

132. When an offence is committed on the boundary of two or more
counties, or within five hundred yards thereof.
Jurisdiction of an offence on board a vessel.

133.

134. Of indictment for kidnapping, enticing away a child, or abduc

tion.

135. Of indictment for bigamy or incest, when committed in one county

and defendant apprehended in another.

136. When property is feloniously taken in one county and brought into another.

137. Of an indictment against an accessary after the fact.

138. Conviction or acquittal in another state, a bar, where the jurisdiction is concurrent.

139. Conviction or acquittal in another county, a bar, where the jurisdiction is concurrent.

§ 127. Every person, whether an inhabitant of this or any other state or country, or of a territory or district of the United States, is liable to punishment, by the laws of this state, for a public offence committed by him therein, except where it is by law cognizable exclusively in the courts of the United States.

Declaratory of the existing law. Substantially in the language used by the Massachusetts Commissioners, ch. 3, sec. 1.

§ 128. When the commission of a public offence commenced without this state, is consummated within its boundaries, the defendant is liable to punishment therefor in this state, though he were out of the state at the time of the commission of the offence charged, if he consummated it in this state, through the intervention of an innocent or guilty agent, or by any other means proceeding directly from himself; and in such case, the jurisdiction is in the county in which the offence is consummated.

Declaratory of a principle much discussed, and in respect to which great doubts have existed, but which has at length been established by the case of The People v. Adams, 3 Denio, 190, which was affirmed by the court of appeals, Adams v. The People, 1 Comst. 173.