the city. It never can be sanctioned that the law which requires two justices to hold a court can be evaded by allowing one justice to absent himself from the court and yet remain in the city, able to discharge the duties of his office. The law requires both justices to hold the court, while in the city, able to discharge their duties, and the record should show, if the two justices are not present, the absence from the city, or such other cause as is provided in law for the court being held by one justice. It has a clerk and a deputy clerk," and has power to hear, punish and determine, according to law, all complaints for misdemeanors, and possesses exclusive jurisdiction thereof, unless the said court of Special Sessions shall order any such complaint to be sent to the Court of General Sessions, and unless the accused when arrested and brought before the committing magistrate shall elect to have his case heard and determined by the court of General Sessions, in and for the city and county of New York. This court also has power by warrant, issued in the name of any of the justices authorized to hold said court, and signed by the clerk thereof, and entered in the minutes, to enforce its judgments and orders, to bring before said court all accused persons for trial or judg ment in all cases in which they have jurisdiction, to issue subpœneas for the attendance of witnesses, attachments for contempt and other process necessary for the proper conduct of said court, the same to be tested in like manner, and signed by said clerk and subpœneas issued for the attendance of witnesses in said court, shall be served by some proper person or persons under the direction of the clerk thereof. It is the duty of the clerk of this court or his deputy to enter all the proceedings of said court, and the sentences on all convictions had therein, in full, in a book of minutes, to be by him kept for that purpose, to administer the oath or affirmation required by law to be administered in said court, to issue all subponeas for witnesses on the part of the people, to furnish, when required, the necessary blanks for witnesses on the part of the defence; and whenever sentence shall be pronounced upon any person convicted of any offence in said. Court of Special Sessions, the clerk thereof shall, as soon as may

Case of Joseph Lynn, reported in New York World.

Id. § 1; Id. § 3.

Laws 1855, ch. 337, § 5.

* Laws 1859, ch. 491, § 2, p. 1129.

be, make out and deliver to the sheriff of the said city and county, or his deputy, a transcript of the entry of such conviction in the minutes of the said court, and of the sentence thereupon, duly certified by the said clerk, which shall be sufficient authority to such sheriff or deputy to execute such sentence, and he shall execute the same accordingly. All fines imposed by said court are to be received by the clerk thereof, who is to return the same monthly, under oath, to the Chamberlain of the city.2 Transcripts of convictions had in this court are not required to be certified by the magistrates holding said court or to be filed; but a duly certified copy of any such conviction made by the clerk of said court is evidence in all courts and places of the facts therein contained.3

SECTION III.

SPECIAL SESSIONS IN THE CITY OF BROOKLYN.

Either of the justices of the peace, or the police justices of the city of Brooklyn, has power to hold a Court of Special Sessions alone, and has jurisdiction, also, other than that heretofore given them to try any person arrested in said county, who may be brought before them, or either of them, charged with an affray, riot, malicious mischief, or cruelty committed to any animal, committed within said county; and in all cases which are triable in such Court of Special Sessions, the party accused shall not be required to give bail to appear at any other court of criminal jurisdiction, unless the city judge of said city, the county judge of said county, or a justice of the Supreme Court, shall certify that the charge is one that ought to be tried in some other criminal court; and no justice of the peace, other than the police justice and the justices elected in the city of Brooklyn, shall have or exercise any civil or criminal jurisdiction in said city.1

1 2 R. S. 224, §§ 7, 8; Laws 1858, ch. 282, §§ 2, 3.

Id. § 9; Id. § 4.

Id. § 16; Id. § 5.

2 R. S., 224, § 39; Laws 1849, ch. 125, § 33; amended 1850, ch. 102, § 16.

SECTION IV.

SPECIAL SESSIONS IN THE CITY OF ALBANY.

There is to be held in the City Hall, of the city of Albany, on Tuesday of each week, by the recorder of said city, or in case of his absence or inability, by the county judge of the city and county of Albany, together with one or more of the justices of the peace of said city, to be associated with such recorder or judge, a Court of Special Sessions, which shall have power to hear and determine all cases of petit larceny charged as a first offence, and all misdemeanors, not being infamous crimes; and which may be held and continued for such length of time as said court shall deem proper.1

The various special provisions of the statute applicable to this court, will be found in the third volume of the fifth edition of the Revised Statutes, page 371, &c. (2 R. S., 224, § 15), and in the Laws of 1849, chapter 150, and 1851, chapter 481; Laws of 1852, chapter 265; Laws of 1855, chapter 256.

SECTION V.

SPECIAL SESSIONS IN UTICA.

All courts of Special Sessions in said city, under the Revised Statutes, were to be held by the recorder and two aldermen of the city, who were to be notified to attend said court by the recorder; and said court was invested with all the authority devolved upon courts of special sessions for the trial, conviction and punishment of offences, and in the summoning of jurors for such trial. The recorder was also invested with all the authority possessed by any justice of the peace in hearing complaints, issuing process, causing arrests, compelling the attendance of witnesses, taking examinations and recognizances, letting to bail, binding over and committing in criminal cases.

By the Revised Statutes, it was also provided that if the recorder was absent or unable to attend, on the return of any warrant issued pursuant to the act creating the court, in such case any judge of the county courts of said county (of Oneida),

or the mayor of the city, might perform any of the powers vested in said recorder for the examination, trial and punishment of the defendant arrested on said warrant; and it was made the duty of the aldermen of said city to attend such court of Special Sessions when notified to do so by the said recorder, judge or mayor in the cases provided for by the act.1

By a subsequent act, it was provided that no justice of the peace of the city of Utica shall take any examination or recognizance, let to bail, issue subpoenas, or commit to prison in any criminal case, and that the recorder of the city should have exclu sive jurisdiction of complaints and proceedings under the acts concerning beggars, vagrants, disorderly persons and offenders against the provisions of the excise law of 1857, arising in the city; but in the absence of the recorder from the city, or in case of a vacancy in the office, or of his inability to perform the duties of his office, the justices of the peace in said city were authorized to exercise jurisdiction in all the cases mentioned above.2

SECTION VI.

SPECIAL SESSIONS IN OSWEGO.

The Recorder of Oswego, as Police Justice, in addition to his other powers, has all the powers of justices of the peace in criminal matters and proceedings, and while holding courts of Special Sessions, in addition to, and including the cases now specified, has power, and it is his duty to try, unless for good cause shown, he shall order the same to be put over, the following offences committed within his jurisdiction: All cases of malicious mischief or injury, all offences against public decency, selling unwholesome provisions, cheats, breaches of the peace, cruelty to animals, disobeying the commands of officers to render assistance in criminal cases, violating the laws and ordinances relating to health applicable to said city, obstructing officers in the discharge of their duties, adulterating distilled spirits, cheating at play, winning or losing twenty-five dollars within twenty-four hours, not delivering marked property, driver of carriage running his horses, defacing marks or putting false marks on float

2 R. S., 224, § 40; Laws 1844, ch. 319, § 6; Id. 1845, ch. 180, § 15. 'Laws 1861, ch. 4, §§ 1, 2, p. 11.

ing timber, all offences against the laws and ordinances relating to excise and the regulation of taverns and groceries applicable to said city, all cases of drunkenness, all violations against the laws and ordinances of the city of Oswego, when such violation is a misdemeanor, and all attempts to commit any of the offences herein named or referred to, when such attempt shall be a misdemeanor.1

SECTION VII.

SPECIAL SESSIONS IN THE COUNTY OF MONROE.

Courts of Special Sessions in the county of Monroe, in addition to the powers vested in said courts by the first and second sections of chapter seven hundred and sixty-nine of the laws of eighteen hundred and fifty-seven,2 has exclusive jurisdiction to hear, try and determine charges for crimes and offences hereafter mentioned, arising within said county, provided, however, that the accused in such cases shall have the right to demand a trial by jury, and the proceedings and conviction of any such court may be removed by writ of certiorari to the Court of Sessions of the county, as is now provided by law :

1. All cases of petit larceny not charged as a second offence. 2. Cases of assault and battery not charged to have been committed riotously, or upon any public officer.

3. Cases of intoxication arising under the seventeenth section of an act entitled, "an act to suppress intemperance, and to regulate the sale of intoxicating liquors," passed April sixteenth, eighteen hundred and fifty-seven.3

SECTION VIII.

SPECIAL SESSIONS IN ELMIRA.

The recorder of Elmira, except in the case of his absence from the city, or inability from sickness or other cause to act, has jurisdiction, exclusive of any justice of the peace or other offi