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sessions.

Power of

sossions.

PART IV. When fugl

S 6. The person thus arrested, detained or bailed, shall be tve to be discharged from such detention or bail, unless at or before discharged.

the expiration of the time designated in the warrant of commitment, or in the condition of the bail bond, he shall be demanded or arrested by such warrant of the executive of

this state. Return to S 7. It shall be the duty of the magistrate to make return be made to general to the next court of general sessions of the peace of the

county, of his proceedings in the premises; it shall be the duty of the said court of sessions to inquire into the cause

of the arrest and detention of such person; and if such perthe general

son is in custody, or the time for his arrest as designated in the condition of the bail bond has not elapsed, the said court of general sessions in its discretion, may discharge the said person from detention, or may order the said bail bond to be canceled, or may continue his detention for a period beyond the time specified in the warrant of commitment, or may order new bail to be given, conditioned for the surrender of the said person at a time, shorter or longer than the time designated in the bail bond taken by the said magistrate; and if said person is in custody may take bail, conditioned for his appearance before said court, to be surrendered at such

time as to said court may seem reasonable and proper. Copy of act S 8. The governor of this state shall transmit a copy of

this law to the executive of each of the states of the Union, to the end, that reciprocal laws may be enacted by such states.

&c.

CHAP. 243.
AN ACT relative to the recorders of the several cities of

this State.

PASSED May 7, 1840. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$ 1. The recorders of the several cities of this state shall have the same powers in relation to the trial of criminals, as are given to a judge of county courts, by the first article of Title third, Chapter second, Part four of the Revised Statutes.

Powers of rocorders.

CHAP. 147. AN ACT to defray the expenses incurred in the apprehension of certain criminals.

PASSED May 9, 1846. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$1. The provisions of section eighteen of the first title of chapter nine part first of the Revised Statutes, in relation to

Provisions of the Revised

CHAP. II

the general fund and the expenditures chargeable thereon, statutes to shall be deemed to apply to all cases in which, for offences apply. against the criminal laws of this state, persons charged there with, have been or shall be apprehended or legally pursued under the provisions of article tenth of the treaty of the United States of America and the Queen of the United Kingdom of Great Britain and Ireland, concluded and signed by their plenipotentiaries at Washington, on the ninth day of August, one thousand eight hundred and forty-two, entitled a treaty to settle and define the boundaries between the territories of the United States, and the possessions of her Britannic Majesty in North America, for the final suppression of the African slave trade, and for the giving up of criminals fugitive from justice in certain cases.

CHAP. 338.
AN ACT to amend article two of title four, chapter two,

of part four of the Revised Statutes, entitled of “indict-
ments and proceedings thereon.”

Passed October 26, 1847. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$1. A warrant for the arrest of any defendant indicted, Warrant by may be issued by the district attorney at any time after such district

attorney. indictment shall be found.

:

CHAP 199.
AN ACT in relation to the property and money taken

from persons arrested and accused of crimes in the city
of New York and Brooklyn.

PASSED April 9, 1855. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S 1. Whenever any goods, chattels or money, shall be taken Property to from any person or persons in the city of New York, or the care ... city of Brooklyn, charged with the commission of any crime or misdemeanor, the same shall be immediately conveyed to a police court, and properly marked and inventoried in a book to be kept for that purpose by the property clerk, together with the time the same was so taken from such person, and the name of such person, together with the name or names of the parties, if any, who claim such property or money, and a copy of such inventory shall be given to the party from whom the same was taken, and such property and money

PART IV. shall be deposited with the property clerk of the committing

magistrate. In case said property or money shall not, within ten days after such arrest and seizure, be claimed by any other person or persons, the same shall be delivered to the person from whom the same was taken, and to no other person, either attorney, agent, factor or clerk. In case said property or money shall within said ten days be claimed by any other person or persons, it shall be retained by such clerk until after the discharge or conviction of the person from whom the same was taken ; and if such claimant or claimants shall establish to the satisfaction of the committing magistrate, that he or they are the rightful owners, the same shall be restored to him or them, unless otherwise directed by the court of sessions; otherwise, it shall be returned to the accused personally, and not to any attorney, agent, factor or clerk of

such accused person. Penalty for $ 2. Any officer or other person offending against the proviolation.

visions of this act, shall, on conviction thereof, be deemed guilty of a misdemeanor, and be punished by imprisonment in the penitentiary for not less than one month, nor more than six months, or by fine not exceeding one thousand dollars, or both, in the discretion of the court.

Indict. mente for nuisance

tried.

CHAP. 415.
AN ACT in relation to the indictment and place of trial

of nuisances.

PASSED July 8, 1851. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S 1. Whenever any nuisance shall be erected or continued,

on or near the boundary line of the counties of New York, where to be Westchester and Queens, the same, and the persons by whom

such nuisance shall have been erected or continued, may be indicted in either county injuriously affected thereby; and thereupon the same proceedings shall be had and taken, and the sentence of the court may be enforced in the same manner as if the said nuisance was situated within the county in which

the indictment was found. Records of $ 2. The record of any conviction under this act, shall be conviction filed in the clerk's office of the county, in which such nuisance

is located; and thereupon process shall be issued to the sheriff of such county to abate such nuisance, in the same manner as if the conviction was had in the county in which the record was filed.

Aled.

CHAP. II.

CHAP 151. AN ACT relative to the trial of offences committed against joint stock associations.

PASSED April 8, 1862. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$ 1. It shall not be necessary in an indictment against any liemteni! person or persons, for an offence committed against the rights or property of any joint stock association organized under the statutes of this state, to set forth the names of the members of such association, nor to prove the same on the trial of such indictment, but it shall be sufficient to set forth in such indictment the name assumed and used by such association in its business, and to prove the same on the trial accordingly.

Contents of

before court

CHAP, 5.
AN ACT in relation to the trial of convicts in county and

state prisons.

Passed January 31, 1846. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$ 1. Whenever it shall appear to the court in which an Prisoners indictment is pending, and to be tried against any person for brought an offence committed by him, while imprisoned in any county on babeas prison, or in any one of the state prisons, on the person of corpus. another individual confined in such jail or state prison, that any other person confined in any county prison, or in any one of the state prisons, is an important witness in behalf of the person so indicted, such court may and are hereby authorized to grant a writ of habeas corpus for the purpose of bringing such prisoner before such court to testify upon the trial of such indictment, in behalf of the party making the application. § 2. Every person when brought up on such writ may be May be es

amined as examined as a witness on such trial, and shall be competent witnesses. to testify thereon in behalf of the defendants or the people, notwitbstanding his conviction and imprisonment.

$ 3. The court in which any indictment is pending against Perona any person imprisoned on conviction of a crime in any county may be

brought op jail or state prison, for an offence committed during such for trial. imprisonment, is hereby authorized to issue a writ of habeas corpus for the purpose of bringing the individual so indicted before such court for arraignment or trial on such indictment.

indicted

PART IV.

Pay of wit. nesses.

CHAP 59. AN ACT to provide for the payment of the expenses of witnesses on the trial of indictments in certain cases.

PASSED April 6, 1846. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$ 1. When any person shall attend a circuit court on the trial of an indictment removed from any court of oyer and terminer into the supreme court, as a witness in behalf of the people of this state, upon the request of the public prosecutor or upon a subpæna, or by virtue of a recognizance for that purpose; and it shall appear that such person has come from any other state or territory of the United States, or from any foreign country, or that such person is poor, the judge presiding at such court may, by an order in the minutes thereof, direct the county treasurer to pay such witness such sum of money as shall seem reasonable for his expenses, which order shall be of the same effect, and upon which the same proceedings shall be had as if the same had been made by a court of oyer and terminer or a court of general sessions, under the thirteenth section of title eight, chapter two, and part four of the Revised Statutes.

CHAP. 4.
AN ACT to amend an act passed January 31, 1846,

entitled "An act in relation to the trial of convicts in
county and state prisons."

PASSED February 3, 1847. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$ 1. The court in which any indictment is pending for a felony, against any person imprisoned on conviction of a crime, in any county jail or state prison, is hereby authorized to issue a habeas corpus for the purpose of bringing the individual so indicted before such court for arraignment or trial, on such indictment.

Habeas corpus.

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