same time as if committed on a justice's execution in a civil cause, until he shall satisfy such judgment, with the costs of the commitment, or until he shall be discharged by due course of law. (c) 2d. Of trials before courts of special sessions in the city and county of New-York.] Whenever any person charged with having committed petit larceny or any assault and battery, not riotously, shall, upon his examination before any police justice in the city of New-York, be required to enter into a recognizance, with sureties, to appear at the proper court to answer such charge, and shall at any time demand to be tried by the court of special sessions in such city, that court is to proceed to hear and determine upon such accusation. If the accused does not require to be thus tried, and does not, within twenty-four hours after being committed on such charge, enter into a recognizance, with sureties, to appear at the next court of general sessions to be held in the said city and county, and answer to such charge, the said court of special sessions may proceed to hear and determine upon such accusation. Any three judges of the court of common pleas for such city, of whom the first judge of such court, or the mayor or recorder of the city, shall always be one, are to hold a court of special sessions in such city under the provisions of the statute, at such times as the common council shall direct. And it is the duty of the recorder to preside therein, except when actually engaged in the court of general sessions. And it is the duty of the common council, from time to time, to designate aldermen to assist in such court. In hearing and determing any accusation according to the above provisions, the said court are to proceed, in all respects, in the same manner as the courts of special sessions held in any county other than New-York, except as respects the summoning of a jury. And such court, upon conviction of the offender, may sentence him to the punishment prescribed by law.(d) Any person tried and sentenced by a court of special sessions in NewYork, without having demanded such trial, may appeal to the court of general sessions. But such appeal must be made at the time sentence is pronounced; and thereupon such conviction will be void. The court must enter such appeal in its minutes; and proceed in the same manner as if no such trial had been had, to take a recognizrnce from the accused, (e) with sufficient surety, to appear at the general sessions. Or in (c) 2 R. S. 714, §§ 19, 20, 21. See Append. No. 91, form of commitment. (d) 2 R. S. 714, 715. default of his giving such recognizance, the court must commit him to prison ;(1) and take the same measures to ensure the attendance of the witnesses in behalf of the prosecution, at such court of general sessions, as in other cases; that is, by requiring them to enter into recognizances. The court of general sessions is to proceed, in every such case, by indictment and other proceedings, in the same manner as if no such trial or conviction had been had before the special sessions. The clerk of the general sessions of the city and county of New-York is the clerk of the special sessions therein; and it is his duty to enter all the proceedings of the latter court, and the sentences on all convictions had therein, in full, in a book of minutes to be kept by him for that purpose, and to administer the oaths or affirmations required by law to be administered in said court. Whenever sentence is pronounced upon any person convicted in said court, it is the duty of the clerk, as soon as may be, to make out and deliver to the sheriff of said city, or his deputy, a transcript of the entry of such conviction, and of the sentence, duly certified by said clerk; which will be sufficient authority to the sheriff or deputy to execute the sentence. And he must execute the same accordingly. All fines imposed by said court are to be received by the sheriff and paid over to the treasurer of the city within thirty days after they are received, in the same manner as fines imposed by the general sessions. It is not necessary that transcripts of convictions had in such court should be certified by the magistrates holding the court, or filed; but a duly certified copy of such a conviction, made by the clerk, is made evidence in all courts and places, of the facts contained therein.(ƒ) 3d. General provisions respecting courts of special sessions.] The statute provides that the judgment of every court of special sessions shall be executed by the sheriff, constables, and marshals of the county, or city and county in which the conviction is had, by virtue of a warrant (g) under the hands of the magistrates who held the court, or of a majority of them, to be directed to such officers, or to such of them as may be necessary, and specifying the particulars of such judgment.(h) Convictions had before courts of special sessions may be removed into the supreme court by certiorari in the cases and in the manner specified in the statute; the provisions of which have been already noticed, under the head of writs of error and certioraris.(i) It has been decided that a court of special sessions before whom a conviction is had, may (1) See form of commitment, Append. No. 93. (ƒ) 2 R. S. 715. (g) See form Append. No. 94. (i) See Ante, 346. 2 R. S. 717. proceed and cause their judgment to be executed, notwithstanding notice of an intention to remove the conviction, and the entering into a recognizance by the defendant, if a certiorari is not sued out.(k) Payment and accounting for fines.] All fines imposed by any court of special sessions, if paid before commitment, are to be received by the magistrate calling the court before which the defendant was convicted, and are to be applied to the payment of the charges of apprehending and prosecuting the offender; and after deducting the sums allowed therefor the remainder, if any, must be paid by such magistrate, within thirty days after the receipt thereof, to the county treasurer, for the use of the county. In the city and county of New York an account must be rendered every thirty days, by the court, to the comptroller of the city, of the expenses attending such court, and the fines imposed or collected. If the defendant is committed, he must pay the fine imposed upon him, to the sheriff of the county; who is to pay over the same, within thirty days, to the county treasurer. If any person thus receiving fines neglects to pay them over to the county treasurer within the time prescribed it is the duty of the latter to bring a suit therefor.(7) Any justice of the peace or alderman is authorized to issue subpoenas (m) to compel the attendance of witnesses before a court of special sessions; and upon the trial before such court either of the persons composing the same may administer the oath required by law to such witnesses.(n) In case any person duly subpoenaed to appear before a court of special sessions, as a witness, fails to appear, or appearing, refuses to testify, he forfeits, for the use of the poor of the town, for every such non-appearance or refusal (unless some reasonable cause or excuse is shown, upon his oath or the oath of some other person) such fine, not less than sixtytwo cents nor more than ten dollars, as the court before whom prosecution therefor is had, may think reasonable to impose. Such fine may be imposed by the court if the witness be present and have an opportunity of being heard. The court imposing any fine must make up and enter in their docket or minutes a minute of the conviction and of the cause thereof; which is to be deemed a judgment, in all respects, at the suit of the overseers of the town. Aud such judgment may be collected by execution, in the manner pointed out in the statute. (o) And persons summoned as jurors, and not appearing nor rendering a reasonable excuse for their default, or appearing and refusing to serve, are subject to the (k) 5 Wend. 110. (1) 2 R. S. 716, §§ 32, 33, 34. (n) 2 R. S. 716, § 35. (0) Id. Ib. § 36. Id. 241 §§ 85 to 89. same fine, to be sued for and collected in the same manner as is above mentioned as respects witnesses. (p) No fees are to be allowed or taken by jurors or witnesses in courts of special sessions. Whenever any conviction is had before any court of special sessions in any other county than New York, the magistrates by whom such court is held must make a certificate of such conviction (q) under their hands, or under the hands of any two of them, in which it will be sufficient briefly to state the offence charged and the conviction and judgment thereon, and, if any fine has been collected, the amount thereof, and to whom paid, which certificate of conviction the magistrates must cause to be filed in the office of the clerk of the county in which the conviction was had, within twenty days after such conviction takes place. Every certificate of conviction made and filed under the above provisions of the statute, or a duly certified copy thereof, will be evidence in all courts and places of the facts stated therein.(r) It has been decided that the proceedings of a court of special sessions will not be reversed, on certiorari to the supreme court, on account of the errors of the magistrate before whom the complaint was made. The return of the justices composing a court of special sessions, to a certiorari brings in review merely their proceedings as a court of special sessions, and not the previous proceedings before the justice who issued the warrant for the apprehension of the defendant.(s) (P) 2 R. S. 716 §35. Id. 245 § 112. See form, Append. No. 96. 8 (r) 2 R. S. 717 §§ 37 to 41. APPENDIX OF FORMS. ( No. I. ) WARRANT OF ARREST FOR CONTEMPT. [See ante, 438, 439.] SARATOGA COUNTY, ss: To any constable of the said county, GREETING: Whereas, on this day, (or, "on the 20th day of November instant,” as the case may be,) during the trial of a cause between James Den, plaintiff, and Richard Fen, defendant, (or, "during the examination of one James Jackson, on a criminal complaint,") before me, Ransom Cook, a justice of the peace of the said county, at my office in the town of Saratoga Springs, John Styles was guilty of disorderly, contemptuous and insolent behavior towards me the said justice, while thus engaged in the trial of said cause; (or," in the said examination,") by speaking to and of and concerning me as such justice, and in my presence and hearing these disorderly, contemptuous and insolent words, to wit: "You are a partial justice;" which behavior tended to interrupt such proceedings before me, and to impair the respect due to my authority as such justice; and being ordered by me to cease from such disorderly, contemptuous and insolent behavior, he the said John Styles, refused so to do, and told me that he did not regard me nor my authority. These are therefore, in the name of the people of the state of New-York, to command you forthwith to apprehend him, the said John Styles, and bring him before me, at my office in the town of Saratoga Springs, to answer for the said contempt, and to be further dealt with according to law. Hereof fail not, at your peril. Given under my hand and seal the 21st day of November, 1840. If the contempt consists in doing either of the other acts mentioned in the statute as amounting to contempts, the statement thereof in the warrant should be varied according to the fact. Thus, it may be as follows: "John Styles was guilty of committing a breach of the peace, (or, “of |