1. To try all such issues, and to take all such inquests, by default TITLE 4. or otherwise, as are to be tried or taken in the said circuit courts re

spectively:

2. To record all non-suits and defaults before them: and,

3. To return all proceedings had before them, into the supreme court, or into the court directing the same.71

hold circuits,

$14. Each justice of the supreme court, and each of the circuit who may judges, shall have power to hold any circuit court, and to preside in &c. any court of oyer and terminer, in this state, either for the whole time for which such court shall continue, or for any part of that time.72

$15. In case the office of either of the circuit judges shall become Notice of vavacant, after the appointment of the said courts for his circuit, the cancy, &c. clerk of each county for which circuits shall have been appointed, shall immediately give notice of such vacancy to the chief justice of the supreme court.72

to hold courts

§ 16. In case any circuit judge, from sickness or from any other of inability cause, shall be incapable of holding any of the said courts, as above directed, it shall be his duty immediately to give notice thereof to the chief justice of the supreme court.

circuits, &c.

$ 17. Upon receiving either of such notices, the chief justice and who to hold the other justices of the supreme court, shall designate some circuit in such cases. judge to hold the courts so appointed, or some of them. And if no circuit judge can hold such courts, without interfering with the courts previously appointed by him, it shall be the duty of one of the justices of the supreme court to hold the same.

paid.

$ 18. The expenses of any justice of the supreme court or circuit Expense, how judge, in attending, holding and returning from any such courts, shall be paid from the treasury, on being audited and certified by the comptroller.

of courts.

$ 19. If some one of the circuit judges, or of the justices of the Adjournment supreme court, shall not come to any place, where the said courts are appointed to be held, before four o'clock in the afternoon of the day so appointed, the sheriff or clerk of the county, shall open the said courts, and forthwith adjourn the same until nine o'clock in the forenoon of the next day.73

$20. If one of the circuit judges or of the justices of the supreme May be opencourt, shall attend at such place, at any time before eight o'clock in ed on 21 day. the afternoon of such second day, the said courts shall be opened and shall proceed in the business before them.73

journed.

$ 21. If no such judge or justice shall attend at the said last men- Or to be adtioned hour, the sheriff or clerk, shall adjourn the said courts without day.73

(71) 1 R. L. p. 336, § 4. (72) Laws of 1823, p. 209, § 5 & 8. (73) Ib. p. 210, § 8.

TITLE 4.

When per

$22. All persons bound by recognizance or otherwise, to appear at either of the said courts, which shall have failed, shall be bound to

sons recog- appear at the next circuit court or court of oyer and terminer to be held in such county, as the case may be.

nized, &c. to appear.

Proceedings upon absence of county judges.

ment of cir

Quit.

$23. If the circuit judge or other officer authorised to preside in the court of oyer and terminer, shall attend, but if there be not present a sufficient number of county judges, or other officers authorised to sit with him in the said court, to form such court, the circuit judge or other presiding officer, shall adjourn the court from day to day, until a sufficient number appear; or he may, after the first adjournment, adjourn such court without day.

New appoint $24. Whenever the circuit court appointed for any county, shall fail, it shall be the duty of the chief justice of the supreme court, or if he be absent, or his office be vacant, the senior judge thereof, to appoint a time and place for holding the said court, in such county, which time shall be at a day as early as may be practicable, and to assign one of the justices of that court, or one of the circuit judges, to hold the said court.

Notice, how published.

Bittings in
New-York.

Notice of

holding, &c.

Courts of oyer and ter

$25. The justice ordering such court, shall, without delay, cause notice of the appointment of such court, to be published in the state paper; the expense of which publication shall be paid out of the treasury, as in other cases.

$ 26. Either of the justices of the supreme court may, in the May term thereof, or during any vacation of that court, on such days as the court shall by an order appoint for that purpose, try all issues which could be tried in the circuit court, for the city and county of NewYork, and exercise all the powers of such court; and such sittings may be held for as many days as the judge holding the same shall think necessary."

74

$27. At least one term of the supreme court shall intervene between the appointment of such sittings, and the time when the same are to be held; and the clerk of the supreme court shall cause a copy of every order appointing such sittings, to be published once a week, for four weeks in succession, in two of the newspapers printed in the city of New-York; the expense of which publication, shall be defrayed by the city and county of New-York.74

$28. Courts of oyer and terminer, may be held at the time and miner, when place at which any circuit court may have been appointed to be held, as follows:

and by whom held.

In New York 1. In the city and county of New-York, by one or more of the justices of the supreme court, or of the circuit judges, or by the first judge of the court of common pleas of the said city and county, together with the mayor, recorder and aldermen of that city, or with any two of them:

(74) 1 R. L. p. 336, § 5 & 6.

2. In all the other counties of this state, by a justice of the supreme TITLE 4. court, or a circuit judge, together with at least two of the judges of In other the county courts of the county:

counties.

of certain ci

3. In the counties of Albany, Columbia and Rensselaer, the mayor, Mayors, &c. recorder and aldermen of the respective cities therein, or any two of ties, judges them, may sit and act in the court of oyer and terminer, in their respective counties, with or instead of the county judges:

4. In the county of Schenectady, the mayor and aldermen of the city of Schenectady, or any two of them, may sit and act in the court of oyer and terminer, with or instead of the county judges.75 $29. Each court of oyer and terminer shall have power,

thereof.

Powers of courts of oyer

1. To inquire, by the oath of good and lawful men of the same and terminer. county, of all crimes and misdemeanors, committed or triable in such county:

2. To hear and determine all such crimes and misdemeanors: and, 3. To deliver the jails of the said county, or city and county, according to law, of all prisoners therein.76

dictments

sions.

$30. Every such court of oyer and terminer and jail delivery, May try inshall also have power to try all indictments found in the court of ge- found at scaneral sessions of the peace of the same county, or city and county, which shall have been sent by order of such court of general sessions to, and received by the said court of oyer and terminer, or which shall have been removed into the said court of oyer and terminer: and which, in the opinion of the said court of oyer and terminer, may be proper to be tried therein.77

dictments to sessions.

$31. The several courts of oyer and terminer and jail delivery, May send inmay, by order entered in their minutes, send all indictments found at any such court, for offences triable at the court of general sessions of the same county, to such court of general sessions, to be proceeded on, and tried therein.78

to hold court,

&c.

$32. The governor, by and with the consent of the senate, may Commissions issue commissions of oyer and terminer and jail delivery, as often as by governor, occasion shall require; but some one of the justices of the supreme court, or of the circuit judges, shall always be named in the said commission, as one of the commissioners; and no proceedings shall be had upon any such commission, without the presence of such justice or judge.79

$33. Every such commission shall specify the time and place at Ib. time, &c. which the court is to be held, in pursuance thereof; and shall be re-d to be specificorded in like manner as the commissions of civil officers, in the office To be recordof the secretary of state.

(75) Laws of 1823, p. 211, § 9. (76) 1 R L. p. 339, § 15. (77) Ib. p. 341, § 21. (78) Laws of 1817, p. 294, § 3. (79) Ib. 1823, p. 212, § 9.

ed.

TITLE 4. $34. The secretary of state shall, without delay, transmit to the district attorney of the county for which such commission shall have

Copy to be

sent to district been issued, a copy thereof.

attorney. Special courts, how

$35. Whenever it shall become necessary, by reason of the numappointed. ber of the prisoners confined in the jail of any county, or by reason of the importance of the offences charged upon such prisoners, to appoint a special court of oyer and terminer and jail delivery, the circuit judge of the circuit within which such county shall be situated, shall have power, by warrant under his hand and seal, to appoint a court of oyer and terminer and jail delivery, for such county, to be held therein, at some place provided by law, at such time as he may designate in such warrant, not less than thirty days from the date thereof. 50

Notice to district attorney.

Precept by

dist. attorney

Contents of

precept.

Proclamation to be published.

$36. The circuit judge issuing such warrant, shall forthwith transmit the same to the district attorney of the county.

S37. The district attorney of every county, at least twenty days before the time appointed for the holding of such or any other court of oyer and terminer and jail delivery, in his county, shall issue a precept to be tested and sealed, in the same manner as process issued out of the courts of oyer and terminer and jail delivery, and to be directed to the sheriff of his county.81

$38. Every such precept shall mention the time and place at which such court is to be held, and shall command the said sheriff,

1. To summon the several persons who shall have been drawn in his county, pursuant to law, to serve as grand and petit jurors at the said court, to appear thereat:

2. To bring before the said court, all prisoners then being in the jail of such county, together with all process and proceedings any way concerning them in the hands of such sheriff:

3. To make proclamation in the manner prescribed by law, notifying all persons bound to appear at the said court, by recognizance, or otherwise, to appear thereat; and requiring all justices of the peace, coroners, and other officers who have taken any recognizance for the appearance of any person at such court, or who have taken any inquisition, or the examination of any prisoner or witness, to return such recognizances, inquisitions and examinations, to the said court, at the opening thereof, on the first day of its sitting.81

$39. The sheriff to whom any such precept shall be directed and delivered, immediately on the receipt thereof, shall cause a proclamation in conformity thereto, signed by him, to be published once in each week, until the sitting of the court, in one or more of the newspapers printed in the said county. The expense of such publication shall be a county charge.

(80) 1 R. L. p. 339, § 15. (81) Ib. § 16.

TITLE 5.

Seals of

$ 40. The seals heretofore devised or adopted by the several courts of oyer and terminer and jail delivery, shall continue to be the seals of the said courts respectively; and where none have been devised, the courts of over court shall have power to make and devise such seal.

and terminer.

process.

$ 41. All writs and process issuing out of, and returnable in, the Teste of said courts of oyer and terminer and jail delivery, shall be tested in the name of the circuit judge of the circuit; or in case of a vacancy in his office, in the name of the chief justice of the supreme court. 82

$42. All such process, if issued when the said court of oyer and b. terminer and jail delivery is not in session, may be tested on any day in the last preceding term of the said court; if issued during the sitting of the court, it shall be tested on the day of its being issued.82

rected.

$ 43. The courts of oyer and terminer and jail delivery, may di- Where direct their writs into any of the counties of the state, as occasion may require. 82

Clerks of cir

$44. The clerks of the several counties, (the city and county of cuits, &c. New-York excepted,) shall, by virtue of their offices, be clerks of the circuit courts, and courts of oyer and terminer and jail delivery, within their respective counties.83

S 45. The clerk of the supreme court residing in the city of New- Ib. York, shall be clerk of the sittings and circuit courts held in and for the city and county of New-York.84

TITLE V.

OF THE COURTS OF COMMON PLEAS AND GENERAL SESSIONS OF

THE PEACE, IN THE SEVERAL COUNTIES OF THIS STATE.

SEC. 1. Powers and jurisdiction of courts of common pleas.

2. By whom to be held.

3. Courts of general sessions, by whom to be held.

4. When justices of the peace may be associated to hold court.

5. Powers of courts of general sessions enumerated.

6. To send indictments not triable by them, to oyer and terminer.

7. And indictments not tried; and to try such as are sent back.

8. If judges do not attend first day, courts how adjourned.

9. Proceedings if they do not attend on second day.

10. Judges being inhabitants of town interested in appeals, not to sit, &c.

11. Teste and return of process of common pleas and general sessions.

12. Seals of common pleas.

13. In whose name writs in common pleas to be tested; process of general sessions to
be under seals of judges.

14. Clerks of counties to be clerks of common pleas and sessions, except in New-York.
15. Form of caption of records in common pleas.

16. Form of records, after the caption.

17. Form of continuances, after issue joined.

18. Names of judges and authority of court, not to be inserted.

19. Duration of terms of common pleas and general sessions, &c.

20. Times and places of holding common pleas and general sessions in the several counties of this state.

21. In cases not otherwise directed, courts to be held at court-houses.

182) Laws of 1923, ». 212, § 9. (83) 1 R. L. p. 338, § 10. (84) Laws of 1823, p. 426, § 13.