Entered according to Act of Congress, in the year MDCCCLXV, in the Clerk's Office of the District Court of the UnitedStates, for the Northern District of New York, by WILLIAM GOULd NOTE.

In addition to decisions made by the justices of theSupreme Court, this volume contains a few cases decided by the judges of other courtS The judges of a Court of Oyer and Terminer have no power toSettle andSign a bill of exceptions after a final adjournment ofSuch court.

Where, after the adjournment of a Court of Oyer and Terminer, a bill of excep- tions in a criminal case which had been tried atSuch court, wasSettled by the justice of theSupreme Court, who had presided on the trial, and was afterwardSigned bySuch justice, and also by the two justices of theSessions, whoSat with him on the trial, and was filed more than ten days afterSuch adjournment, and was afterward returned as part of the record on a writ of error, this court, on motion by the District Attorney, ordered the bill of excep- tions to beStruck from the record MOTION by the District Attorney of Otsego county, to dismiss writ of error, andStrike the bill of exceptions from the return or record in this cause.

The prisoner was con- victed of forgery in theSecond degree, andSentenced to theState prison at Auburn, for the term ofSix years, at a Court of Oyer and Terminer, held in Otsego county, on the first day of July, 1859 Exceptions were taken on the trial by the prisoner's counsel, but were notSettled orSigned during theSitting of the court.

After the court was adjournedSine die, the prisoner's counsel made a bill of exceptions, andServed a copy on the District ^fttorney, who proposed amendments thereto, but under a protest that the right to make a bill of exceptions, or have theSameSettled, was gone when the court adjourned The exceptions were afterwardSettled by the justice of theSupreme Court, who presided on the trial ; and the bill wasSigned by him, and the two justices of theSessions, who formed part of the court on the trial ; but the county judge, who was a member of the Oyer and Terminer, and on the bench during the trial, refused toSign the bilL The Dis- trict Attorney objected to the bill beingSettled orSigned out of court, and theSame wasSettled andSigned under his pro- test The bill was filed, and a writ of error was issued out of this court to the Oyer and Terminer ; and the writ and a copy of the record, including the bill of exceptions, was returned to this court, and then the above mentioned motion was made.