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ARTICLE II.

THE COURTS OF SESSIONS, OTHER THAN IN THE CITY AND COUNTY OF

NEW YORK.

SECTION 125, 126. Their jurisdiction.
127. Indictments for offences punishable with death, to be sent to oyer

and terminer.
128. Other indictments may be sent to oyer and terminer.
129. By whom held.
130. When and where held, and their duration.

125. The courts of sessions embraced in this article have jurisdiction,

1. To inquire, by the intervention of a grand jury, of all public offences committed or triable in the county :

2. To try and determine indictments found therein, or sent thereto by the court of oyer and terminer of the county, for public offences not punishable with death :

3. To remove justices of the peace, police justices, and justices of justices' courts of cities in their respective counties, and their clerks, after due notice and an opportunity of being heard in their defence, for causes to be stated in the order of removal :

4. To hear and determine appeals from orders of justices of the peace, under the provisions of the code of criminal procedure respecting the support of bastards :

5. To examine into the circumstances of persons committed to prison as parents of bastards, and to discharge them in the cases provided by the code of criminal procedure.

6. To hear and determine complaints under the provisions of the code of criminal procedure, respecting masters, apprentices and servants:

7. To review the convictions of disorderly persons actually imprisoned, and to execute the powers conferred and duties imposed by the code of criminal procedure in relation to those persons:

8. To continue or discharge the recognizances, undertakings and bonds of persons bound to keep the peace or to be of good behavior, or both; and to inquire into and determine the complaints on which they were founded, as provided in the code of criminal procedure:

9. To compel relatives of poor persons and committees of the estates of lunatics, to support such persons and lunatics, in the cases and in the manner prescribed by the code of criminal procedure:

10. To exercise the powers conferred by the code of criminal procedure, in relation to the estates of persons absconding and leaving their families chargeable to the public:

11. To exercise the powers conferred upon them by other provisions of this code, or of the code of criminal procedure.

§ 126. In addition to the jurisdiction conferred by the last section, jurisdiction was transferred to and vested in these courts, in their respective counties, on the first Monday of July, 1847, of all indictments and proceedings similar to those mentioned in the last section, which were then pending in the late courts of general sessions of the peace.

$ 127. When an indictment is found in one of these courts, for an offence punishable with death, the court must send it to the court of oyer and terminer of the county.

§ 128. These courts may also send an indictment, found therein and remaining undetermined, for an offence not punishable with death, to the next court of oyer and terminer of the same county, to be determined according to law; but that court, if in its opinion the same is not proper to be tried therein, may renit it back to the court by which it was sent, which must proceed thereon as if it had remained there.

$ 129. These courts must be held by the county judge, together with two justices of the sessions, designated as provided by other statutes. If the justices of the sessions, or either of them, be absent at a term of a court of sessions, or the office of those justices, or either of them, be vacant, the county judge may supply the vacancy or deficiency for the term by designating the requisite number to form the court, from the justices of the peace of the county.

$ 130. These courts must be held at the same place, and commence on the same day, as the terms of the CIVIL CODE.)

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county courts in their respective counties, and must be continued as long as the public interests require.

ATICLE III.

THE COURT OF SESSIONS OF THE CITY OF NEW-YORK,

Section 131. This court continued, and name changed.

132. Its jurisdiction,
133. Indictments for offences punishable with death, to be sent to oyer

and terminer.
134, 135. By whom held.
136. When held, and its duration. Concurrent terms.
137. When term may be extended.
138. Where held.

$ 131. The court known as the court of general sessions in and for the city and county of New York, is continued, with the jurisdiction conserred by the next two sections, and no other, and is denominated the court of sessions of the city of New York. But nothing contained in this section affects its jurisdiction of actions or proceedings now pending therein; nor does it affect any judgment or order already made or proceeding already taken.

§ 132. This court has jurisdiction,

1. To inquire, by the intervention of a grand jury, of all public offences committed or friable in the city and county of New York:

2. To try and determine any indictment found therein, or sent thereto by the court of oyer and terminer of the city and county of New York, for a public offence not punishable with death :

3. To remove police justices and justices of the justices' courts of the city of New York, and their clerks, after due notice and an opportunity of being heard in their defence, for causes to be stated in the order of remova):

4. In cases arising in the city and county of NewYork, such as are enumerated in subdivisions 4 to 11, both inclusive, of section 125.

§ 133. When an indictment is found in this court, for an offence punishable with death, it must be sent to the next court of oyer and terminer of the city and county of New-York.

§ 134. This court must be held, except as provided in the next section, by the recorder or city judge of the city of New York, or by one of the judges of the court of common pleas of that city, as the presiding judge, together with two of the aldermen of the city, designated, as the common council may by ordinance prescribe. But it is the especial duty of the recorder or city judge to hold the court and preside therein.

$ 135. When the court is convened for the purpose of exercising the jurisdiction conferred by the third subdivision of section 125, it must be held by the recorder or city judge of the city of New York, and at least one of the judges of the court of common pleas of that city, together with the mayor and aldermen thereof, or a majority of those officers then in office.

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