conviction, to any more restraint than is necessary for his deten. tion to answer the charge. See State Const., art. 1, § 6; Fed. Const., fifth amendment; 19 Eng. Rep. 617; People v. McCoy, 45 How. Pr. 216; People v. Mondon, 103 N. Y. 220; 38 Hun, 198; 4 N. Y. Cr. Rep. 123; People v. Guidici, 100 N. Y. 508; Conners v. People, 50 id. 240; Ruloff v. People, 45 id. 221; People v. Courtney, 94 id. 490; People v. King, 64 Cal. 338; Boyd v. U. S., 116 U. S. 616; People v. Hackley, 24 N. Y. 74. U. S. v. Denicke, 10 Cr. L. Mag. 868. As to compelling a prisoner to furnish evidence of his identity by putting his foot in a track or exposing his person, see State v. Graham, 74 N. C. 646; 21 Am. Rep. 493; Walker v. State, 7 Tex. Ct. App. 245; 32 Am. Rep. 595; Stokes v. State, 5 Baxt. 619; 32 Am. Rep. 595; State v. Sanders, 68 Mo. 202; 30 Am. Rep. 782; State v. Garrett, 71 N. C. 85; 17 Am. Rep. 1; State v. Ah Chucy, 14 Nev. 79; 33 Am. Rep. 530; Blackwell v. State, 67 Ga. 76; 44 Am. Rep. 717; Campbell v. State, 55 Ala. 80; Cooper v. State (Ala.), 4 L. R. A. 766. A prisoner is entitled to appear for trial free from all manner of shackles or bonds, unless there is danger of his escape. People v. Harrington, 42 Cal. 165; 10 Am. Rep. 296. Defendant may be a witness in his own behalf. § 393, post. The object of the constitutional provision that "no person shall be compelled in any criminal case to be a witness against himself" was not to prevent the passing of laws allowing the accused to testify in his own behalf if he choose to avail himself of that privilege, but to prevent the enactment of statutes by which the accused might be subjected to actual compulsion to give evidence. People v. Courtney, 1 N. Y. Cr. Rep. 558. Where a defendant when arrested is compelled to subject his body to inspection in order to discover his identity, the person making such inspection may testify on the trial as to the marks found by him on defendant's body, since the giving of such testimony is not compelling defendant to testify against himself. O'Brien v. State, 13 Cr. L. Mag. 84; 25 Am. L. Rev. 141; 33 Alb. L. J. 448. In Chartang v. State (Ala.) 10 Cr. L. Mag. 417, defendant being arrested was found to have a pistol concealed in his hip pocket. On the trial on an indictment for carrying concealed weapons, defendant objected that the search of his person was a trespass, and the testimony thus obtained was improper, held that the objection was properly overruled. In McGriff v. State, 88 Ala. 147; 16 Am. St. Rep. 825, it was held that on a prosecution for rape of an infant under ten years of age, the prosecutrix cannot be compelled as matter of right to submit to a personal medical examination. If such right exists, it is a matter of discretion with the trial court to be exercised only in cases of extreme necessity and not subject to review on appeal. PART I. OF THE COURTS HAVING ORIGINAL JURISDICTION IN TITLE I. OF THE COURTS OF ORIGINAL CRIMINAL JURISDICTION IN GENERAL. II. OF THE COURT FOR THE TRIAL OF IMPEACHMENTS. III. OF THE COURTS OF OYER AND TERMINER. IV. OF THE CITY COURTS. V. OF THE COURTS OF SESSIONS. VI. OF THE COURTS OF SPECIAL SESSIONS AND POLICE COURTS. TITLE I. OF THE COURTS OF ORIGINAL CRIMINAL JURISDICTION IN GENERAL. SECTION 11. Of the courts of original criminal jurisdiction. §11. Of the courts of original criminal jurisdiction. The following are the courts of justice in this state having original jurisdiction of criminal actions: 1. The court for the trial of impeachments; 2. The courts of oyer and terminer; 3. The city courts of Brooklyn, Buffalo, Utica, Oswego and Hudson; 4. The courts of sessions, in counties other than New York; 5. The court of general sessions in the city and county of New York; 6. The courts of special sessions; 7. The police courts. The courts of special sessions and police courts are deemed inferior courts not of record, within the section of the Constitu tion which provides for the removal of justices of the peace and judges, or justices of inferior courts not of record, and their clerks, by such county, city or state courts as are designated by law; but for no other purpose. See State Const., art. 6, §§ 18, 19. TITLE II. OF THE COURT FOR THE TRIAL OF IMPEACHMENTS. SECTION 12. Its jurisdiction. 13. Members of the court. 14. Presiding judge. 15. Clerks and officers. 16. Seal of the court. 17. Time of holding the court. 18. Oath to members of the court. 19. Adjournments, etc. 20. Compensation of members and officers of the court. § 12. Its jurisdiction. The court for the trial of impeachments has power to try impeachments, when presented by the assembly, of all civil officers of the state, except justices of the peace, justices of justices' courts, police justices, and their clerks, for willful and corrupt misconduct in office. See State Const., art. 6, §§ 1, 18. § 13. Members of the court. The court is composed of the president of the senate, the senators, or a majority of them, and the judges of the court of appeals, or a majority of them, but on the trial of an impeachment against the governor, the lieutenantgovernor cannot act as a member of the court. See State Const., art. 6, § 1. § 14. Presiding judge. — The president of the senate, or in case of his impeachment, death or absence, the chief judge of the court of appeals, or in the absence of both, such other member as the court may elect, is the presiding judge of the court. § 15. Clerks and officers. The clerk and officers of the senate are the clerk and officers of the court for the trial of impeachments. § 16. Seal of the court. The seal of the court for the trial of impeachments now deposited and recorded in the office of the secretary of state shall continue to be the seal of this court and must be kept in the custody of the clerk of the senate. -- § 17. Time of holding the court. Upon the delivery of an impeachment from the assembly to the senate the president of the senate must cause the court to be summoned to meet at the capitol in the city of Albany, on a day not less than thirty nor more than sixty days from the day of the delivery of the articles of impeachment. §18. Oath to members of the court. - At the time and place appointed, and before the court proceeds to act upon the impeachment, the clerk must administer to the presiding judge, and the presiding judge to each of the members of the court then present, an oath or affirmation truly and impartially to try and determine the impeachment; and no member of the court can act or vote upon the impeachment, or any question arising thereon, without having taken this oath or affirmation. § 19. Adjournments, etc. The court may adjourn from time to time and hold' its sessions at such places as it may determine, but no more than two sessions of the court can be held during the recess of the legislature in any one year. The 20. Compensation of members and officers of the court. The writ and process of the court must be signed by the clerk and tested in the name of the president of the senate. president of the senate and each senator are entitled to receive for their services and expenses while actually attending the court the same rate of compensation as an associate judge of the court of appeals is entitled by law to receive for his services and expenses as such judge for the same time. The other officers of the court, excepting the judges of the court of appeals, are enti tled to the same compensation for their attendance thereon, and for traveling to and from the place where it is held, as is allowed them for attending a meeting of the senate, but no such compen Bation shall be received for attending the court during a session of the legislature. TITLE III. OF THE COURTS OF OYER AND TERMINER. SECTION 21. Court of oyer and terminer in each county. 22. Its jurisdiction. 23. By whom held. 24. Writ or process. 21. Court of oyer and terminer in each county.There is in each of the counties of this state, except that for this purpose Fulton and Hamilton are deemed one county, a court of oyer and terminer, with the jurisdiction conferred by the next section and no other, but nothing contained in this section affects its jurisdiction in actions or proceedings now pending therein. The oyer and terminer is a permanent and continuous court. Its successive sessions are terms of the same, and not distinct tribunals. Quimbo Appo v. People, 20 N. Y. 531; 18 How. Pr. 350. Though held by different presiding justices. People v. Naughton, 7 Abb. Pr. (N. S.) 421. § 22. Its jurisdiction.— The court of oyer and terminer has jurisdiction: 1. To inquire, by the intervention of a grand jury, of all crimes committed or triable in the county; but in respect of such minor crimes as courts of special sessions or police courts have exclusive jurisdiction to hear and determine, in the first instance, the jurisdiction of the oyer and terminer attaches only after the certificate mentioned in section fifty-seven of this Code; 2. To try and determine all such crimes. and to try all persons indicted for the same; 3. To deliver the jails of the county, or city and county, according to law, of all prisoners therein; 4. To try any indictment found in the court of sessions of the county or the court of general sessions of the city and county of New York, which has been sent by order of the court of sessions or general sessions to and received by the court of oyer and terminer, or which has been removed from any court into the court of oyer and terminer if, in the opinion of that court, it is proper to be tried therein; 5. To exercise the same jurisdiction as a court of sessions in a |