
    The People, on the relation of James Taylor, district attorney, vs. Yates General Sessions.
    A court of special sessions before whom a conviction is had, may proceed and cause their judgment to be executed, notwithstanding notice of an intention to remove the conviction and the entering into a recognizance by the defendant, if a certiorari is not sued out.
    Motion for mandamus. J. G. Nichols was convicted at a court of special sessions, in the county of Yales, of an assault and battery, and fined $15; he notified the magistrates before whom .the conviction was had, that he intended to remove such conviction by certiorari into this court, and entered into a recognizance to appear at the next court of general sessions of the peace to be held in the county of Yates, and to abide (lie judgment or order of that court in the premises, 2 R. S. 718, § 50. He neglected to sue out a certiorari, and tlie district attorney of Yales moved the general sessions for a rule that, the defendant appear and shew cause why the sentence of the special sessions should not. be executed. The court refused to grant the rule, and a maydanms is now asked for requiring them to grant it.
    
      J. Taylor, (district attorney,) for the motion.
   By the Court,

Savage, Ch. J.

The court of general sessions have no jurisdiction to cause the sentence of the special sessions to be executed until after the conviction has been removed into this court and our judgment has been remitted to the general sessions. 2 R. S. 719, § 54, 55, 56, 57. The court of special sessions have not lost jurisdiction of the matter; a certiorari not having been issued, the proceedings remain before them, and they have authority to cause their judgment to be executed. 2 R. L. 716, § 31. The motion for a mandamus is therefore denied.  