void, when not authorized by law 298 298 299 When forfeited ... ..... offence need not be set forth m, with particularity of indictment.... 299 How taken .... when taken in open conrt... when taken out of court... Lien of, upon real estate in city of New York ... .... ... if condition becomes impossible by act of God, or of obligee or conu- so, also, when party dies, or is committed to another prison. recognizance when satisfied when forfeiture accrues. .... Estreating the recognizance. proceedings upon.... Forfeited recognizances how remitted. who has power to ..... (See Titles EXAMINATION OF PRISONERS, BASTARDY, SEARCH WAR- RECORDS OF CONVICTION (See JUDGMENT, and Titles there referred to). REMOVAL OF INDICTMENT (See INDICTMEnt). REPLICATIONS. REPRIEVE OF CONVICTS ... 313 288 421 REQUISITIONS FOR THE ARREST OF FUGITIVES FROM JUS- application must be made by district attorney or his deputy........ 78 78, 79 REQUISITIONS FOR THE ARREST OF FUGITIVES FROM JUSTICE, affidavits for requisitions not to be taken before notary public expense of requisitions, when county charge. the taking must not precede the violence or putting in fear.. PAGE. cases cited illustrating the rule................ 701 not necessary that property should continue in possession of thief... 701 instances of...... 701 assault on prosecutor, while another took his bundle. 703 SEARCH WARRANTS, AND THE SEARCHING OF PRISONERS FOR 91 provisions of the U. S. Constitution in respect to .... 91 91 search warrant for children detained by shakers.. 92 to obtain the delivery of books and papers by public 92 for stolen or embezzled property. 93 who may issue. 93 disposition of property taken on search warrant. pany search warrant...... 94 94 94 94 95 95 95 95 96 96 97 when warrant for arrest of thief should be incorporated in, or accom- search warrant when a protection to officer ..... 97 97 97 98 98 99 100 712 indictment must be found in two years 712 defendant married man, and prosecutrix aware of fact... 712 what is meant by previous chaste character.. 712 conditional promise...... 712 not necessary that female should be corroborated on every material PAGE. when made...... how pronounced.. court to ascertain defendant's trade, &c..... sheriff to transmit name, age, &c..... court to demand what defendant has to say defendant may allege ground in arrest of judgment SENTENCE (See JUDGMENT): when corporal punishment to be inflicted, defendant to be present.. 390 389, 390 389 390-394 391 391 391 court may correct sentence no authority to suspend sentence when affidavits may be submitted in mitigation of a joint sentence may be passed.... when party subject to two distinct punishments. how rendered, when conviction is removed..... sentence where there are several convictions. persons under sixteen, may be sentenced to house of refuge provisions in relation to certain judicial districts...... age, how ascertained..... persons over sixteen and under twenty-one, may be sentenced to 391 391 392 .. 392 392 392 393 393 393 393 394 395 395 ... 395 396 what state prisons convicts to be sentenced to be confined in for term less than two years, suspends civil rights, &c................ person sentenced to be imprisoned for life, deemed civilly dead sentenced for felony, not competent to testify list of punishments for felonies.... punishment for misdemeanors... surety of the peace may be required in addition to punishment punishment of accessories and principals in the second degree punishment for attempts to commit offences.... for committing second offences.. sentence of death, execution of, and proceedings on. SEPARATE TRIAL OF DEFENDANTS JOINTLY INDICTED: PAGE. SESSIONS, COURTS OF: organization of.... in city and county of New York.. jurisdiction of..... nor to enter nolle prosequi for offence not triable in that court 45 45 connty judge to designate terms of.. no power to arraign and receive plea for murder.. county judge may open court to take recognizances........ their power to grant new trials..... their power to send indictments to oyer and terminer. when petit jurors to attend. 46 47 47 47 48 48 48 authorized to continue their sittings.. SESSIONS, GENERAL: court of....... its jurisdiction.. SUBPOENAS (See GRAND JURY, SPECIAL SESSIONS, SUMMARY CONVIC- trial in, without jury... what officers have power to punish in summary manner power founded on Legislative authority..... no new offence cognizable on, unless expressly made so by statute.. 137 no intendment admitted to help out a defective description. 139 of the warrant... 140 141 ... general regulations in regard to form and requirements of the warrant 140 |