The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-15
WalTS OF ERROR FROM THE COURT OF
OYER AND TERMIxER.
An Act to Amend and Enlarge the Juris-
dictiOn of the Court.

An Act to Amend and Enlarge the Juris-
dictiOn OF the Court.
The following recited act has been drawn by Re.
corder Hackett and VIII be sent to the Legislature
with request for passage AS 1t applies only to
New York city IL is believed 1t will therefore avoid
the jealousles OF members from other counties,
and 1t differs rom all other propositions in that IL
forces limit to delay in murder cases and obtains
opinions before sentence day arrives. 1t is sent
to the press CONFORMATION and criticism.
FEBRUARY IA. 1873.
AN ACT relative to procedure in motions for new
trials or regarding the wrlts OF error upon con-
victions in the Court of Oyer and Terminer of the
First Judicial district, or OF the Court of General
Sessions OF the Peace, in and Tor the city and
county OF New York, and to regulate In the Court
of Appeals the procedure upon such wrlts OF
error
The People of the State of New York, represented
in Senate ana Assembly, do enact as iolOws:-
SECTION 1.-Except only Tor cause OF some mis-
conduct committed by q petit juror upon any trial
OF any indictment between the time OF his being
empanelled and discharged. no motion for a new
over s and eg OF Se ys t1ef ne dsc or
the Court OF General Sessions of the Peace in and
for the city and county OF New York. Whenever
such cause of misconduct Is assigned as ground OF
motion for such new trial. 1t shall be founded upon
an AFFIDAVIT Informing the Court OF the alleged mis-
conduct bat upon the hearing OF the motion upon
testimony only in open Court for or against the
motion.
upon any conviction had. alter the passage OF this
act, in the Court OF Oyer aud Terminer OF the First
judicial district, or the Court OF General Sessions
OF the peace for the city and county of New York,
shall hereafter issue as writ of right and only
according to the provisions OF this act. Such writ
of error shall 0nly issue when allowed By Justice
OF the Supreme Court of the First judicial district,
or by Judge oil the Court OF Appeals whether in
or out OF Court or In or out OF term, as the con
tingency may arise, and may Issue with or without
stay OF proceedings. but no stay OF proceedings
shall be allowed on said writ, except when ordered
by such Justice or Judge and endorsed on said writ
When allowed, whether with or without stay OF
proceedings, such writ shall be made returnabe
directly to the Court 81 appeals ana with the
to writs of error heretofore allowed TO remove
judgments of the supreme Court at General Term
to the Court OF Appeals No bill OF exceptions upon
any conviction IN tile Court Of Oyer and Tcrmner
or In the Court of General Sessions Of the Peace In
and for the city and county OF New York. shall be
eiectua or valid unless duly settled ard duly
signed within ten days after conviction, except
that for the. cause of illness OF Judge or cOun-
sci, tie time for settling may be extended
by the order orders OF any Justice OF the SUI
preme Court OF the First judicial district, which
order or orders shall be filed with the Clerk OF the
Court. writ OF error. directed to the Court of
oyer and Terminer, and to the Court OF General
Sessions OF the peace In and for the county OF New
York, in order to be valid, shall be returnabe
within ten days alter allowance OF said writ. In
order to entitle the defendant who issues and Oh
tans such writ error TO be heard thereon in the
Court of Appeals lie or his counsel shall cause the
original OF said writ, with the original Of the
proper return thereto to be fled in the office OF the
tenth day succeeding the day upon which the writ
was allowed. At any time alter said filing, the
District Attorney OF the county OF New York may
for an argument upon said writ Of error together
with whatever return has been made thereto,
whereupon ID shall become the duty of the said
Court OF Appeals II the said writ OF error is upon
a conviction for murder In the first degree, to
immediately assign some s,,, Gay ior argument
ceedng such application. The District Attorney
SHALL within twenty-our hours after said fixing OF
party suing out the writ, personal and written
notice OF said assigned day, which SHAH be SUM-
cent notice OF argument In cases, however, OF
writ OF error upon conviction for an offence not
punishable with death, the Court may assign any
day or days Ior argument and adjourn
cases which are not so punishable, may decide
the same at any time within its discretion after
argument. But the said Court OF Appeals shall
convictions tor murder In the first degree, render
a decision and give Judgment within ten days after
ae e or OF npeas sha any Spy
pass upon the exceptions taken at trial. or upon
errors In the record OF Judgment, except that 1t
may decide IN cases involving murder in the first
degree, upon the whole testimony thereupOn which
Is presented by the bill OF exceptions whether or
not sucf testimony constitutes in law the degree
of homicide of murder in the first degree whereof
the party charged was convicted. II the Court OF
Appeals shall reverse any conviction Tor murder in
the first degree upon the ground that the jury
gave an erroneous verdict upon the degree or
homicide, 1t shall state, in its opinion what degree
Is warranted by the testimony contained WITHIN
the bill OF exceptions II the said Court shall
affirm the conviction OF person under sentence OF
death, and the day originally fixed for carrying
the said sentence into effect shall have then passed
the said Court shall, in is Judgment Of afirmance,
direct the Court below, In which the conviction
was had, to bring before such lastnamed Court, by
an order to be entered In It's minutes the person
convicted therein and therein previously sem
fenced to death, and thereupon TO fix another
day for the execution of said person under c0nvlc-
ton OF murder In tine first degree. with the same
force and effect If said person was then and there
for the first time upon his conviction before said
last named Court for Judgment upon the verdict OF
guilty OF murder in the first degree, and the fling
in the Court before which the conviction was had OF
the order aforesaid OF the Court Of Appeals, shall
give to the Court In which the conviction was had
all power and authority for its renxng in such case
the day OF execution, and for issuing new warrant
of execution therein to the Sheriff.
SEC. SIT shall not he necessary to have before
the Judge Justice who settles any bill OF excep-
tions, or allows any writ OF error or grants any
stay OF proceedings, or before the Court OF Appeals
upon argument. the body Of the person whose con-
viction has occasioned said proceedings or any OF
them but they shall be valid n had In the presence
Of any attorney or counsel representing said con-
victed person.
SEC. 4.-Al acts or parts OF acts In conflict with,
or inconsistent with the provisions OF this act,
are repealed, but except as modified ana
changed by the provisions or this act all
laws regulating writs OF error and the procedure
thereof in criminal cases. shall continue In force.
SEC. 5.-This act shall take effect immediately.