sheriff of the county of Kings or to the keeper of the penitentiary of said city, shall be paid monthly by the said sheriff or said keeper to the respective clerks of the courts in which the said fines were imposed; provided, however, that the said sheriff or keeper of the penitentiary of Kings county may, in his discretion, pay all of such fines so paid to them, or either of them, directly to the city treasurer of the city of Brooklyn. In an examination held in any criminal proceeding by a police magistrate in the city of Brooklyn, the testimony of each witness may, in the discretion of the magistrate, be taken as a deposition by the official stenographer of the court in which said magistrate holds such examination. Such minutes of the testimony when so taken, and when certified by the stenographer and by the magistrate who held such examination, shall both, with reference to such examination, and in all procedure in connection with such examination provided for by any section of this code not inconsistent herewith, be regarded as actually taken down in writing by such magistrate and subscribed by the witness or witnesses at such examination. (Amended by L. 1896, ch. 92. In effect March 11, 1896.)

§ 61. Special sessions in Oswego.

The court of special sessions in the city of Oswego, where held by the recorder, has also jurisdiction over all cases of offenses, crimes against public decency, selling unwholesome provisions, cheats, breaches of peace, disobeying the commands of officers to render assistance in criminal cases, obstructing officers in the discharge of their duties, adulterating distilled spirits, not delivering marked property, defacing marks, or putting false marks on floating timber, all violations against the laws and ordinances of or applicable to the city, when such violation is a misdemeanor, and all attempts to commit any crimes herein named or referred to when such attempt is a misdemeanor.

§ 62. By whom held.

Unless provision is otherwise made by law, a court of special sessions must be held by one justice of the peace of the town or city in which the same is held, and sections two hundred and ninety-three, two hundred and ninety-four, two hundred and

three hundred and thirty-three, three hundred and thirty-four, three hundred and thirty-five, three hundred and thirty-six, three hundred and thirty-seven, three hundred and thirty-eight, three hundred and thirty-nine, three hundred and forty, three hundred and forty-one, three hundred and forty-two, and three hundred and fifty-nine to four hundred and fifty, both inclusive, shall apply as far as may be to proceedings in all courts of special sessions or police courts.

People ex. rel. Burby v. Howland (1898), 155 N. Y. 278; People v. Polhamus (1896), 8 App. Div. 136, 40 N. Y. Supp. 491; People v. Bates (1885), 38 Hun 181; Matter of Bray (1890), 34 St. Rep. 642, 12 N. Y. Supp. 366.

§ 63. Recorder of a city to hold court.

A recorder of a city has power to hold a court of special sessions therein.

People ex. rel. Fitzpatrick v. French (1884), 32 Hun 116; Miller v. Cooper 11886), 42 Huu 197.

CHAPTER II.

THE SPECIAL SESSIONS IN THE CITY OF NEW YORK.

The courts of special sessions in the city of New York, within their respective divisions, have jurisdiction:

1. Such as is conferred on them by the greater New York charter and other existing statutes.

2. To send process and other mandates in any matter of which they have jurisdiction into any county of the state, for service or execution, in like manner and with the same force and effect as similar process or mandates of the court of general sessions of the city and county of New York, and of county courts in counties other than New York, as provided by the code; and particularly, to compel the attendance of witnesses, to order the conditional examination of witnesses, to issue commissions for the examination of witnesses without the state, to inquire into the insanity of a defendant and to dismiss the prosecution of an action in like manner as the prosecution of actions by indictment may be dismissed, conformably to the provisions of title twelve of part four of this code. (Amended by L. 1904, ch. 563. In effect Sept. 1, 1904.)

People ex rel. Fellows v. Hogan (1890), 123 N. Y. 220, 55 Hun 394, 8 N. Y. Supp. 451, 7 Crim. Rep. 479; Matter of Bray (1890), 34 St. Rep. 642, 12 N. Y. Supp. 367: Matter of McMahon (1883), 1 Crim. Rep. 62; People ex rel. Burns v Flaherty (1907), 119 App. Div. 463, 104 N. Y. Supp. 173; People v. Patterson (1902), 38 Misc. 79, 81, 77 N. Y. Supp. 155.

§ 64-a. Exclusive jurisdiction.

Courts of special sessions shall have exclusive jurisdiction to try and determine, according to law, all complaints for violations of sections twelve hundred and twenty-one, nineteen hundred and twelve and nineteen hundred and thirteen of the penal law. (Added by L. 1909, ch. 66, § 1. In effect Feb. 17, 1909.)

Derivation: L. 1896, ch. 112, § 35, subd. 2, pt., as amended by L. 1887, ch.

§ 65. Seal.

The seal heretofore provided for the courts of special sessions in said city on which is engraved the arms of the state and the words

court of special sessions of the city of New York" with the number of the division of the court, shall continue to be the seal of the court, and all process issued by said court shall be sealed with the said seal and signed by the clerk of said court. (Amended by L. 1904, ch. 563, in effect Sept. 1, 1904.)

§ 66. Term of office.

[Repealed by L. 1904, ch. 563, in effect Sept. 1, 1904.]

§ 67. Court, when held.

[Repealed by L. 1904, ch. 563, in effect Sept. 1, 1904.]

CHAPTER III.

THE SPECIAL SESSIONS IN THE CITY OF ALBANY.

SECTION 68. Jurisdiction.

68a. Exclusive jurisdiction.

69. By whom held.

70. Inability of judge

71. Officers to attend.

72. Clerk.

73. Court, when and where held.

§ 68. Jurisdiction.

The court of special sessions in the city of Albany has jurisdiction:

1. To try and determine all cases of petit larceny charged as a first offense, and all misdemeanors, not being infamous crimes, committed within the city, when a person accused of such crime or misdemeanor demands to be tried before such court of special sessions held by the recorder of said city, instead of before a

2. To take recognizances, to appear before the court at a succeeding term from persons charged with a crime or misdemeanor, triable therein;

3. To impose and enforce sentence of fine or imprisonment, or both, in the discretion of the court, in all cases within its jurisdiction,. upon conviction, or to the same extent as the county court of the county of Albany could do in like cases;

4. To punish a contempt of court in the same manner and to the same extent as the supreme court could do in like cases.

5. In cases where a jury trial is demanded by a defendant, to draw from the jury box containing the names of jurors who reside in the city of Albany such number of names as the recorder or county judge may direct, and to require the sheriff of the county to summon the persons so drawn to appear at the time designated for trial, to impanel a jury of twelve men, to require the attendance of additional jurors and to punish a juror or witness neglecting to appear, in the same manner and to the same extent as the supreme court could do in like cases.

6. On motion of the district attorney, to issue a warrant for the arrest of a person who neglects to appear agreeably to the requirements of a recognizance to appear thereat, commanding the officer executing the same to bring the party forthwith before the court, if in session, otherwise to commit him to the common jail of the county, there to remain until delivered by due course of law. (Amended by L. 1900, ch. 645. In effect April 24, 1900.) People v. Parr (1886), 42 Hun 316, 4 Crim. Rep. 545; Matter of Bray (1890), 12 N. Y. Supp. 367, 34 St. Rep. 641.

§ 68-a. Exclusive jurisdiction.

Courts of special sessions shall have exclusive jurisdiction to try and determine, according to law, all complaints for violations of sections twelve hundred and twenty-one, nineteen hundred and twelve and nineteen hundred and thirteen of the penal law. (Added by L. 1909, ch. 66, § 1. In effect Feb. 17, 1909.) Derivation: L. 1896, ch. 112, § 35, subd. 2, pt., as amended by L. 1897, ch 812, § 25.

§ 69. By whom held.

Upon charges for offenses triable by this court, the police magistrate or any other magistrate in the city hearing the same,