§ 783. After hearing the proofs and allegations, the jury may either decide in court or may retire for consideration. If they do not immediately agree, an officer must be sworn to the following effect: "You do swear, that you will keep this jury together in some private and convenient place, without food or drink, except bread and water, unless otherwise ordered by the court; that you will not permit any person to speak to or communicate with them, nor do so yourself, unless it be to ask them whether they have agreed upon a verdict; and that you will return them into court when they have so agreed, or when ordered by the court."

This section is founded upon 2 R. S, 3d ed., 800, sec. 17, which, however, omits to prescribe the form or substance of the oath of the officer. For the sake of greater convenience, the form of the oath is here given, in conformity with section 478 of this code, p. 225.

§784. When the jury have agreed on their verdict, they must deliver it publicly to the magistrate, who must enter it in his minutes.

Taken from 2 R. S., 3d ed, 800, sec. 19.

§ 785. The jury cannot be discharged, after the cause is submitted to them, until they have agreed upon and rendered their verdict, unless, for good cause, the magistrate sooner discharge them.

§ 786. If the jury be discharged, as provided in the last section, the magistrate may proceed again to the

trial, in the same manner as upon the first trial; and so on, until a verdict is rendered.

The existing statutes are silent, on the subject embraced in the last two sections. Its regulation in these courts is just as necessary as in any other court. These provisions are conformable to sections 486, 487, p. 228, 229.

§ 787. When the defendant pleads guilty, or is convicted either by the magistrate or by a jury, the magistrate must render judgment thereon, of fine or imprisonment, or both, as the case may require; but the fine cannot exceed fifty dollars, nor the imprisonment six months.

Substantially the same as 2 R. S., 3d ed., 800, sec. 20.

§ 788. A judgment that the defendant pay a fine, may also direct that he be imprisoned until the fine be satisfied; specifying the extent of the imprisonment, which cannot exceed one day for every two dollars of the fine.

This section is founded on 2 R. S., 3d ed., 801, sec. 20; but in respect to the duration of imprisonment for not paying a fine, is the same as section 549 of this code, p. 260, 261.

§ 789. When the defendant is acquitted, either by the magistrate or by a jury, he must be immediately discharged; and if the magistrate certify, upon his minutes, or the jury find that the prosecution was malicious or without probable cause, the magistrate must order the prosecutor to pay the costs of the proceedings, or to give satisfactory security, by a written un

dertaking, with one or more sureties, to pay the same to the county within thirty days after the trial.

Taken from 2 R. S., 3d ed, 801, sec. 21, 24. See also, Germond vs. The People, 1 Hill, 343.

§ 790. If the prosecutor do not pay the costs or give security therefor, the magistrate may enter judgment against him for the amount thereof, which may be enforced, in all respects, in the same manner as a judgment rendered by a justice's court held by a justice of the peace.

Taken from 2 R. S. 3d ed., 801, sec. 22.

§ 791. When a conviction is had, upon a plea of guilty or upon a trial, the magistrate must make and sign, with his name of office, a certificate in substantially the following form:

"Police court,

"County of Albany. Town of Bern, [or as the case may be.]

"The people of the state of New-York

against
A. B.

January 1, 1850.

"The above named A. B, having been brought before me, C. D., a justice of the peace of the town [or city,] of [as the case may be,] charged with [briefly designating the offence,] and having requested to be tried by a police court, [or "having been required by me to give bail for his appearance at the next court of

sessions of this county, and having omitted to do so for twenty-four hours after being so required," as the case may be.]

"And the above named A. B. having thereupon pleaded not guilty, (or as the case may be,] and demanded [or "failed to demand," as the case may be,] a jury, and having been thereupon duly tried, and upon such trial, duly convicted,

"I have adjudged,-That he be imprisoned in the jail of this county, days, [or "pay a fine of dollars and be imprisoned until it be paid, not exceeding

days," or both, as the case may be.] "Dated at the town [or "city"] of

the

day

of

1850.

"C. D.

Justice of the peace of the town [or “city,]

No subject is more fruitful of difficulties, or gives rise to a greater amount of litigation, than the want of compliance on the part of courts and officers of special jurisdiction, with the statutory requirements as to their records and certificates. The form contained in this section is prescribed, with a view, if possible, to prevent their recurrence.

§ 792. If the defendant have pleaded guilty,-instead of the second paragraph, the certificate must state substantially as follows: "And the above named A. B. having been thereupon duly convicted, upon a plea of guilty."

§ 793. Within twenty days after the conviction, the magistrate must cause the certificate to be filed in the office of the clerk of the county.

Conformable to 2 R. S, 3d ed., 804, sec. 46.

§ 794. The certificate, made and filed as prescribed in the last two sections, or a certified copy thereof, is conclusive evidence of the facts stated therein.

Taken from 2 R. S., 3d ed., 804, sec. 47.

§ 795. The judgment must be executed by the sheriff of the county, or by a constable, marshal or policeman of the city, village or town in which the conviction is had, upon receiving a copy of the certificate prescribed in section 791, certified by the magistrate or the county clerk.

Taken from 2 R. S., 3d ed., 803, sec. 38.

§796. If a fine imposed be paid before commitment, it must be received by the magistrate, and be applied to the payment of the expenses of the prosecution. The residue, if any, must be paid by the magistrate, within thirty days after its receipt, into the county treasury.

Taken from 2 R. S., 3d ed., 803, sec. 39.

§797. If the defendant be committed for not paying a fine, he may pay it to the sheriff of the county, but to no other person; who must in like manner, within thirty days after the receipt thereof, pay it into the county treasury, as provided in the last section.

Taken from 2 R. S., 3d ed., 804, sec. 40.