9 Wend. 265 | N.Y. Sup. Ct. | 1832
By the Court,
By the Revised Statutes, vol. % p. 224, § 3, courts of special sessions in all the counties ex
The statute enumerates judges of county courts and justices of the peace among the officers and magistrates who shall have power to issue process for the apprehension of persons charged with any offence, 2 R. 8. 706, § 1, and in the succeeding sections, directs the mode of arrest of offenders and the letting of them to bail. By the 12th section, persons arrested, when no other provision is made, are directed to be brought before the magistrate who issued the warrant; or if he be absent, or his office be vacant, before the nearest magistrate in the same county; and then directions are given for the examination of the prisoner, &c., his discharge, or letting to bail, &c. By section 29, p. 710, a judge of the county court has power to let to bail in all cases triable in a court of general sessions. By section 25, p. 709, if no bail be offered, or the offence be not bailable by a justice, the prisoner shall be committed, except when a court of special sessions shall be authorized to try him.
From a comparison of these various sections it appears that a judge of the county courts who is not a justice of the peace, has power to issue a warrant for any offence, and to let offenders to bail in all cases triable in the general sessions. If the person charged be brought before him, and request to be tried by a court of special sessions, or omits to give bail for 24 hours after being required to do so, the judge, if the offence be triable in a court of special sessions, may associate two justices with
The defendant must be discharged.