2 of the prisons are to be paid to the clerk of the court, and the clerks are to return the same monthly to the county treasurer, with the names of the persons paying the same and the amounts.1 Under the former provisions of the Revised Statutes, persons who were tried and sentenced by a court of special sessions in the city and county of New York, without having demanded a trial, might appeal from such sentence to the court of general sessions of the city and county of New York. Such appeal was to be made at the time sentence was pronounced, and thereupon the conviction was to be void. The said court was thereupon required to enter such appeal in its minutes, and was to proceed in the same manner as if no such trial had been had, to take a recognizance from the accused, with sufficient surety, to appear at the general sessions of said city and county, or in default of giving such recognizance, was to commit him to prison, and to take the same measures to insure the attendance of the witnesses in behalf of the prosecution at the said court of general sessions as in other cases.3 The court of general sessions thereupon proceeded in every such case by indictment and other proceedings, in the same manner as if no such trial or conviction had been had.4 There does not seem to be any repeal of the above provisions in regard to the right to appeal and proceedings had thereon," and it has been held that the provisions of the act of 1859, which gives certiorari to remove into the court of sessions any conviction had before any court of special sessions or police court, does not apply to the court of general sessions of the peace in the city and county of New York, although the Court of Appeals have since held that that court is but a court of sessions for the county of New York, and that a court of general sessions of the peace, and a court of sessions of any county, are one and the same tribunal." Where a person arrested and brought before a magistrate in the city of New York under a charge of petit larceny, presented to a magistrate a writing signed by him, in which he waived a jury, and demanded to be tried before a court of special sessions, it was held that he waived thereby his right, when subsequently brought before the court of special sessions, to demand a jury and to have his case removed to the general sessions, and also his right of appeal to the general sessions, under 2 Revised Statutes, 715, section 52.1 Whenever sentence shall be pronounced upon any person convicted of any offence in the said court of special sessions, the clerk thereof shall, as soon as may be, make out and deliver to the sheriff of the said city and county, or his deputy, a transcript of the entry of such conviction, in the minutes of the said court, and of the sentence thereupon, duly certified by the said court, which shall be sufficient authority to such sheriff or deputy to execute such sentence, and he shall execute the same accordingly.2 Transcripts of conviction had in the said court shall not be required to be certified by the magistrate holding the said court, but a duly certified copy of any such conviction, made by the clerk of said court, shall be evidence in all courts and places of the facts contained therein." All fines imposed by the said court shall be received by the clerk thereof, who shall return the same monthly under oath to the chamberlain of the city.4 49. FEES OF JUSTICES IN CRIMINAL CASES AND OF COURTS OF SPECIAL SESSIONS. The several justices of the peace in the State are to be allowed and receive the following fees, for the services hereinafter mentioned in criminal cases: For administering an oath, ten cents; a warrant (but no justice of the peace shall be obliged to issue a warrant on any complaint for assault and battery, unless the person making such complaint and requiring such warrant, shall pay the fee therefor) twenty-five cents; a bond or recognizance, twentyfive cents; a subpoena, including all the names inserted therein, twenty-five cents; a commitment for want of bail, twenty-five cents; for an examination of the accused, where such examination Peo. v. Riley. 5 Park., 401. * Laws 1830, ch. 42, § 5; 2 R. S., 715, § 57; Laws 1858, ch. 282, § 3. is required by law, for each day necessarily spent, one dollar; for every necessary adjournment of the hearing or examination, twenty-five cents.1 The fees of courts of special sessions are as follows: For a venire, twenty-five cents; for swearing a jury, twenty-five cents; for swearing each witness on the trial, ten cents; for a subpœna, including all names inserted therein, twenty-five cents; for a trial fee, one dollar per day during the necessary and actual continuance of the trial; for swearing constable to attend a jury ten cents; for receiving and entering the verdict of the jury, twenty-five cents; for entering the sentence of the court, twentyfive cents; for warrant of commitment on sentence, twenty-five cents; for record of conviction and filing the same, seventy-five cents; but all such charges, in any one case, shall not exceed five dollars, unless such court continue more than one day; in such case, the costs of such additional day may be added thereto; for a return to any writ of certiorari, to be paid by the county, two dollars; for services, when associated with another justice of the peace in cases of bastardy, for each day actually and necessarily spent, two dollars.2 Laws 1866, ch. 692, p. 290, § 3. . Id., § 4. CHAPTER XI. OF THE REMOVAL BY CERTIORARI OF THE PROCEEDINGS AND JUDGMENT UPON CONVICTIONS IN THE COURTS OF SPECIAL SESSIONS AND POLICE COURTS INTO THE COURT OF SESSIONS. The Legislature of 1857 passed an act entitled "An act defining the powers and duties of courts of special sessions, except in the city and county of New York and the city of Albany, and court of sessions, and regulating appeals in criminal cases."1 The first two sections of the act defined the general powers and duties of the courts of special sessions, and of their jurisdiction to hear charges for certain crimes, and the remaining twenty-three sections, were devoted to the regulation of appeals from convictions or sentences of courts of special sessions or police courts. The act above mentioned, by the terms thereof, repealed the former provisions of the Revised Statutes in relation to writs of certiorari to courts of special sessions, and substituted the method of appeal in said act prescribed, in the place thereof. The Legislature of 1859, (chap. 339,) passed an act repealing all of the act of 1857, with the exception of the first two sections 1 Session Laws 1857, ch. 769. C. P.-15. thereof above mentioned, and restoring, with some few modifica tions, the practice as it existed under the Revised Statutes prior to the passage of the act of 1857. The act of 1859 provides that the courts of sessions of the several counties are vested with the same power, within their respective counties, in relation to certiorari to courts of special sessions and police courts, and the proceedings thereon, and all matters growing out thereof, or subsequent thereto, or connected therewith, as are possessed by the Supreme Court, under article four of title three of chapter two of the fourth part of the Revised Statutes. All the provisions of said article fourth, except as herein otherwise provided, are made applicable to such certiorari hereby authorized, and to the allowance thereof, and to the proceedings thereon, and to all matters growing out thereof, or subsequent thereto, or connected therewith, including recog nizances, judgment and sentence; but the writ, affidavit and return, in cases under this act, shall be filed in the office of the county clerk, and the notice required by said article fourth to be served on the Attorney General shall in such cases be served on the district attorney of the county. The principal distinction is the substitution of the courts of sessions of the several counties in the place of the Supreme Court, in the proceedings under the writ. The provisions of the Revised Statutes, above referred to, are not contained in the Revisers' 5th edition. They were omitted because repealed by the act of 1857. They will be found in the second volume of the fourth edition, at page 902.1 It has been held that the act of 1859 does not apply to the courts of general sessions of the peace in the city and county of New York; but it was subsequently held that the court of general sessions of the peace, and a court of sessions in any county, are one and the same tribunal.3 A method is prescribed by the statute for a review by appeal to the court of general sessions of a conviction had in a court of special sessions in the city of New York. |