205 N.Y. 490 | NY | 1912
The relator was imprisoned under a commitment which recited that she had been found guilty of disorderly conduct which, in the opinion of the magistrate, tended to a breach of the peace. She was arrested in New York city on Sunday,' Eebrúary 25th, 1912, taken directly before a city magistrate, where she pleaded not guilty and was summarily convicted and sentenced. By her petition for a wri of habeas corpus she challenges the legality of her conviction on the ground that the magistrate had no power to hear, try and determine her case on Sunday. At Special Term the writ was dismissed and the relator remanded. At the Appellate Division the order was unanimously affirmed, whereupon the relator ap
The relator relies upon the decision of the Appellate Division in the second department in the case of People ex rel. Ryan v. Supt. State Reformatory at Bedford (supra), where the conclusion was reached that the city magistrates of Hew York city have no authority to hold court on Sundays except for the limited purposes specified in section 5 of the Judiciary Law (Cons. Laws, ch. 30). That section provides that “A court shall not be opened, or transact any business on Sunday, except to receive a verdict or discharge a jury. An adjournment of a court on Saturday, unless made after a cause has been committed to a jury, must be to some other day than Sunday. But this section does not prevent the exercise of the jurisdiction of a magistrate, where it is necessary to preserve the peace, or, in a criminal case, to arrest, commit or discharge a person charged with an offense.” The last sentence of this section is obviously the only one which applies to magistrates and, as to-them, it imposes the duty to exercise jurisdiction on Sunday “ where it is necessary to preserve the peace, or, in a criminal case, to arrest, commit or discharge a person charged with an offense." Upon the meagre record before us we think this statute in itself is broad enough to confer the jurisdiction which was exercised, for the commitment recites that the relator was found guilty of disorderly conduct which tended to a breach of the peace,. and the statute declares that a magistrate may exercise jurisdiction on Sunday “ where it is necessary to preserve the peace.” This provision we deem ample to confer such
In the so-called Inferior Criminal Courts Act (Laws 1910, ch. 659, sec. 71) which relates to the Magistrates’ Courts of Hew York city, we find a general provision for holding courts , on all days, including .Sunday. “ There shall be a city magistrates court held daily in every court district and * * * each court shall be open every day at nine o’clock in the morning and shall not be closed before four o’clock in the afternoon, and the city magistrate assigned thereto shall be in attendance thereat except during a reasonable recess and except that the afternoon session may he dispensed with upon Saturdays, Sundays and holidays, other than days upon which general elections are held, when each court shall be open until the polls close.” There is nothing in the context of this statute which suggests any limitation upon the jurisdiction of the Magistrates’ Courts on Saturdays, Sundays or holidays. The only difference between these days and the other days of the week is as to the time of sitting. • On Saturdays, Sundays and holidays the afternoon sessions “ may be dispensed with,” but on other days they must be held as the statute prescribes. A liberal .and reasonable construction of this statutory direction would seem to indicate that it was the legislative purpose to confer upon the Magistrate’s Courts of Hew York city the same general jurisdiction for their sittings on Sundays which they concededly have the right to exercise on other days. We think that the distinct provision for the difference in the hours of sitting and the omission of any direction differentiating the jurisdiction on Sundays from that of other days, fairly supports the inference that the jurisdiction was to be the same on all days.
There is even broader ground, however, upon which the de
The orders of the Appellate Division and the Special Term should be affirmed.
Cullen, Oh. J., Gray, Willard Bartlett, Hisoock, Chase and Collin, JJ., concur.
Orders affirmed.
AT COMMON LAW.
Held dies non juridicus. Pulling v. People, 8 Barb, 384.
Anciently courts of justice sat on Sunday. Two reasons for this are given in Sir Henry Spelman’s Original of the Terms, one being that the Christians laid aside all observance of days in opposition to the heathens who were superstitious about the observance of days and times; and the other being that by keeping their courts always open, they would prevent Christian suitors from resorting to the heathen courts. But in 5IT a canon was passed exempting Sunday from the judicial days, which, with other canons passed later, was received and adopted by the Saxon kings and embodied in the Constitution of Edward the Confessor. These canons and constitutions were all confirmed by William the Conqueror and Henry tbe Second, and so became part of the common law of England. Swann v. Broome, 3 Burr. 1595, 97 Eng. Reprint, 999; Merritt v. Earle, 31 Barb. 38, aff'd 29 N. Y. 115.
The fact that Sunday is not a judicial day does not render it any less a day of a term of court. Coleman v. Keenan, 76 Ill. App. 315.
• Common-law rule affirmed, in whole or in part. People v. Walton, 35 Misc. 320, 15 N. Y. Crim. 512; People v. Dewey, 23 Misc. 267.
WARRANTS AND ARRESTS.
Both at common law and under statutes warrants may be issued on Sunday. Keith v. Tuttle, 28 Me. 326.
And arresits may likewise be made. Weldon v. Colquitt, 62 Ga. 449.
Search warrants may be issued and executed on Sunday. State v. Conwell, 96 Me. 172; Wright v. Dressel, 140 Mass. 147.
But an arrest for violation of the Sabbath laws could not lawfully be made on Sunday. Pearce v. Atwood, 13 Mass. 324.
Service of warrant of arrest on Sabbath forbidden by statute. Wood v. Brooklyn, 14 Barb. 425.
But this not so in cases of breach of the peace, felony or treason. Corbett v. Sullivan, 54 Vt. 619; Commonwealth v. De Puyter, 16 Pa. Co. Ct. 5899.
The entering into a bail bond in a criminal proceeding, being considered as an act of necessity and charity, and not strictly judicial business or proceedings, is held valid if entered into on Sunday. State v. Douglass, 39 Ind. 544.
And this rule has been extended to appeal bonds. State v. California Min. Co., 13 Nev. 203.
And also a ease where the bail bond was signed on Sunday, but not delivered on that day. Babcock v. Carter, 117 Ala. 575.
But contra, State v. Suhur, 33 Me. 539.
SESSIONS OF COURT.
Unless statutes permit, judge held to have no authority to hold court or conduct a trial on Sunday. Pulling v. People, 8 Barb. 384.
The holding court on the Sabbath held not forbidden by the common law or any statute, but it is stated that it has been the long settled and almost universal practice of the courts, when a term continues so long that a Sunday intervenes, to adjourn over until Monday. State v. Howard, 82 N. C. 626.
In the absence of malice a justice of the peace is not personally liable for trying and convicting a person accused of crime on Sunday. Kraft v. Verneuil, 105 App. Div. 43.
But a judge can instruct a jury that has disagreed on Sunday. Jones v. Johnson, 61 Ind. 257.
The continuing of a trial from Saturday to Monday does not constitute a keeping open of the court on Sunday. Vandewerker v. People, 5 Wend. 530.
• Where a trial is conducted on Sunday, the judge held not to thereby lose jurisdiction. People v. Luhrs, 79 Hun, 415.
Where trial by mistake set for Sunday, a session on that day and an adjournment over for trial held not to invalidate the proceedings. Cheeseborough v. Van Ness, 12 Ga. 380.
Held lawful to adjourn to Sunday for the purpose of receiving a verdict. Court may, for certain purposes, be held on Sunday; this by regulation of statute. Watts v. Commonwealth, 5 Bush (Ky.) 309.
Held that the word “ commit ” covers committing after conviction, as well as committing to await trial, and further, held that the above statute-has been superseded in the city of New York by Laws of 1897, ch. 378,, as amended by Laws of 1901, ch. 466, which confers authority for the opening of magistrates’ courts at certain hours on Sunday. People v. N. Y. State Reformatory for Women, 73 App. Div. 174.
VERDICT.
A verdict may be delivered, received and entered on Sunday, it being a. merely ministerial act. Baxter v. People, 8 Ill. 368.
Contra, Davis v. Fish, 1 Greene (Iowa), 406.
Where term of court expires by legal limitation on Saturday, verdict, received on Sunday held invalid. People v. Lightner, 49 Cal. 266.
Held that a court may find as a legal conclusion that the jury cannot agree, on Sunday, and discharge it, but a positive finding to that effect, by the court is a prerequisite to the exercise of the power to discharge. State v. McGimsey, 80 N. C. 377.
PROCEEDINGS IN MAGISTRATES’ COURTS.
It is immaterial whether the word “ commit ” in par. 6, Code Civ. Proc.,. authorizes a magistrate to try, convict and sentence a prisoner on Sunday, as that section has been superseded by paragraphs 1397 and 1398, N. Y„ City Charter, which directs, with regard to the exercise of jurisdiction of a-, magistrate on Sunday in New York county, that “ The several city Magistrates’ Courts shall be opened every day at nine o’clock in the morning and * * * shall not be closed before four o’clock in the afternoon-except on Saturdays, Sundays and holidays, when morning sessions only shall be necessary,” and from the power to open such courts naturally flows the right to exercise all the functions incident to and requisite for the proper and efficient administration of justice therein. People ex rel. Price v. Warden, 73 App. Div. 174.