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J 



THE CODE OF CRIMINAL PROCEDURE, 



OF THB 



STATE OP NEW YORK. ' 



WITH NOTES OF DECISIONS, 



A TABLE OF SOURCES, 



COMPLETE SET OF FORMS, 



AND 



A FULL INDEX. 



>|*07rRTH R^I9]0 SDTnOH. 



1 



u J . ^ - ' '— i- 



BANES & BROTHERS, 

144 NASSAU STREET, NEW TOBK, 

478 AND 475 BROADWAY, ALBAITT. 



b b w to 



SEP 1 5 1939 



Entered aooordiiig to act of Congveas, in the year 1881, by 

BANKS A BBOTHEBS, 
In the office of , the Librarian of Congreea, at Waahin^rton. 

Entered according to act of Congress, in the year 1882, by 

BANKS A BBOTHEBS, 

« 

In the office of the Librarian of Congress, at Washington. 

Entered according to act of Congress, in the year 188S, by 

BANKS ft BBOTHEBS, 
m tlie office of the Librarian of Congress, at Washington. 

Entered according to act of Congress, in the year 1884, by 

BANKS A BBOTHEBS, 
In the office of the Librarian of Congress, at Washington. 



* bb * 



Cbabum Yam BnrrmmDf A Soan^ 

PMntnv, Steraotypen, Pap«r Uakmn and Bindan, 

Ax.BAirT, N. T 



OERTIFIOATE. 



StATB OF NbW TOBKf > , 

OFFioa ov THB Sbobxeabt of Statb, j * 

I, Joseph B. Carr, Secretary of State, do hereby cer- 
tify that the following book contains a correct transcript 
of the Code of Criminal Procedtnre, passed June 1, 1881, 
and the acts amendatory thereof. 

In witness whereof, I have hereto set my engnatore, 
at the city of Albany, this fifth day of July, in the year 
one thousand eight hundred and eighty-four. 

JOSEPH B. CARR, 

/SecretAiry of ISt4xte. 



A I 



I •.>.!' « - 



TABLE 



SHOWING IMPORTANT CONSTITUTIONAL AND 
STATUTORY SOURCES OP THE SECTIONS OP 

THIS CODE. 



[AU references ta tba Berised Statutea, are to Banlu * 
Brethera Sixth Edition.] 


f ». 




(18. 


N. Y. Const,. Art. 1, ( 1. 




Id., (1. 


f*. 




t 11. 


Stfi!:"' An.vii.s 


8 B. S., IS3, ( U. 


S7e, f u. 


s^; 


'i^!'' 


i 9- 




( so. 


N.T. ConsCAit 1,(6; 
8,379, (13. 


B. 


Id..*l7,B. 


17. S„ Const., Art. T! K 
Const., Art. I, f 8. ■ 


Y. 


isa. 


i 11. 




id.,a29,Ka»^ 


SaaN.T. Coast., Ait. TI, H 


t S3. 


' ■ 




:d.,2CT, H18,lfl. 


Id., Art. VI, ti 1, 18. 
t 13. 




i St. 

Id., 231, (89. 


Id.,Ait.TI,(l: 8E.8., 


182, 


( !90. 


11- 
< lA- 




Id., (US. 43. 


SB. S., 139,(8. 




1 M- 

L. 1849, eh. 13S, ( 11 , as amend- 

ed by h. 1S70. cb. 470; 3 E. B.. 



vi SOURCES OF SECTIONS OF THIS CODE. 



"1 



i2T 
Id. 

Id., i 42. 

I 80. 

Id. 

} 81. 
8 B. S., 2iS, i 81, €< ieq, 

I 89. 

Id., 246, n^e^Mg. 

f 86. 

See 3 B. S., 2^6, $ 22. 

i 87. 

K. T. Const, Art. YI, i 15. 

i 88. 

8B. S.,234, HI, 08. 
I 89. 

8Jt. S.,S84, H7,10. 

$ 40. 

Id., $11. 

$41. 
id., $ 12. 

i 4S. 

X. Y. Const.. Art. VI, f 16-, 1 
K. S., 378; id., 228, i 22. 

i 48. 
3 B. a, 236, 114. 

i 44. 
III.. $ 13. 

i 45. 
3 B. S., 234, i 1. 

$ 46. 

Id. 

§47. 
3aS.»286,f20. 

$ 48. 

Id., i 1& 



$49. 

8 B. S., 240, » 68, L. 1800, oh. 
486. 

i 00. 

8 B. 8., 240, H 68,60,60,erMg. 

$ 01. 

8B. S., 941, H 66,67, 70. 

i 09. 

See id., f 6S. 

i 08. 
See id., i 68. 

» 04. 
See id., i 62. 

$ 00. 

See id., $ 66. 

i 06 

8 B. S.,1004, $ 1; id.,1008,f 24, 
ch. 890, 1/. 1879. 

107. 
See ch. 890, L. 1879. 

$ 08. 
3 B. S., 1006, a 8, 8. 

i 09. 
See id. 

(61. 

3 B. S.. 268, { 60, L 1849, ch. 
184; id., 1868, ch. 866. 

$ 62. 
See id., 1006, i 2. 

i 68. 
Id., 1008, $ 23, ch. 243, L. 1840. 

i 64. 
3 B. S., 1009, a 29-42 inclofllTe. 

i 60. 

See L. 1866, ch. 663. 

i 66. 

See id. 

(67. 

See id., i 31. 



SOUBCBB OF SECTIONS OF THIS CODB. tfi 



(68l 


196. 


Ch. 284» L. im, wad amend- 


Id, $10. 




$ 97. 


f 09. 


Id., $ U. 


Id. fl. 






$96. 


1 70 


Id.,$19L 


Id., i 14. 


$00. 


« 71. 


Id.,$14. 


Id.,§S8. 


$ 108. 


« 78. 


8 B. 8., 790. f Ml 


Id, §8. 


$ 108. 


* 78. 


Id., $ 104. 


Id., > 1. 


$104. 


* 75. 


Id., $ 100. 


2 B. 8,696.$ 17; id., 009, H. 
ch. 6B8, L. 1871. 


$ 105. 
Id., $ 106 


1 76. 


$ 106. 


2B. S.,606»|Sa 


8eeeh.09,Ifcl84B. 


§84. 


$ 107 


8 B. 8., 996, § 1. 


Id. 


$85 


i 106. 


3B.S.,996,$2. 


Id. 


186 


$ 109. 


Id,* 8. 


Id. 


$ 80. 


$ iia 


8 £.8., 997, f 4. 


Id. 


$90. 


$111 


Id , $ 5. 


Id. 


$91. 


$ 115. 


Id., $6. 


3 B. 8., 728, $107. 


$ 92, 


$ 116. 


Id., $ 7. 


Id. 


« 98. 


$ 117. 


Id., $ 8. 


Id. 


$ 94. 


f 118. 


Id., $ 9. 


8 B. 8., 188, $10 


f 95. 


$ 184. 


Id., $ 10. 


See SB. 8., 188, $18. 



vm SOURCBS OF SBCTIOKS OV THIS OODIL 



i 195. 

S Y. CojiBt., Art. VI, I 1 ; 8 
B.S.,18i,H16,17. 

i isa. 

K. T. Const., Art. VI, 1 1; 8 
B.S.,'184,il8. 

} 129, 

Id. 

« lao. 

8B. S.,184, )20. 

I 181. 

N. T. Conat.. Art VI, » 1; 8 
B.8.,184,^il. 

i 188. 

Id., U8, and 8 R. 8 , 8S8, f 96; 
ch. 280 i. 1847, 1 35. 

f 138. 
8B. S.,963.M5,8. 

» 184. 
See id., H 47, 48, 60. 

i 185. 
3 B. 8., 1021, » 45. 

» 186. 

3B 8., 1081, f 44. 

i 187. 
Ch. 167, L. 1877. 

* 138. 
3B.S.,1025, ««80,81,88. 

i 189. 

See8B.S.,96e,|6; 868,17. 
i 141. 

SB. S., 1020, $87. 

i 148. 

Id. 
I 143. 

Id. 
f 147. 

3B. 8.,996, fl. 

f 148. 

8 B. S., 9B6, 1 8. 



« 180. 
8]^. 8., 898,18. 

I 185. 

8 B. S . , 909, f 4. 

i IBS. 

Id., i 5. 

$ 157. 

3B. S.,g09,ff5,7« 

$ 158. 
8B.S.,999,fU 

f 159. 

8 B. 8. , 999, If 7, 8k 

I 160. 

Id., i 9. 

i 161. 
1(5., f 10. 

» 168. 

See id., 712, ff<^ 7. 

»168. 

Id. 

§ 164. 

8 B. 8., 990, 118. 

I 160. 

3 B. 8., 726, f 106 ; 1046,181, 

i 170. 

See8B. 8., 988, §88. 

i 188. 
SB. 8., 1000,114. 

I 189. 

Id., 1 14. 

« 190. 

Id. 

» 195. 

8 B. 8., 1000, f 18. 

i 106. 
8 B. 8., 1000,116. 

i 108. 

3 B. 8., 1000, i 18. 



■ 



SOUBCBS OF SECTIONS OF THIS OODB. 



4 199. 

i 900. 
Id.,«lA. 

4 901. 

Id., f 17. 

I 909. 

3 R. 8., 1000, f 18. 
i 904. 
8 B. S., 1000, f 19. 

4 905. 

3 B. S , 1001, i 28. 

i ao7. 

• 8B.S.,1000,$20. 

4 915. 
8B.S.,1000,f2L 

4 916. 

Id.,i28. 

«917. 

Id., i 24. 
4 918. 
Id., » 26. 

4 991. 
SB. S., 1001, $28. 

< 999. 

U. 8. Const, Art V ; K. Y. 
Const, Art I, $ 6 » 1 B. 8., 
876, i 12. 

4 998. 

8 B. 8., 1018, 4 28. 

i 994. 

Id. 

4 980. 

SB 8.,1018,f28. 
4 981. 

Id. 
4 988. 

Id., i 24. 

i 988. 

Id., i 28. 



$ 984. 

Id.,i84. 

i 935. 
Id.. 1019, H 84. 88. 

$ 987. 

Id., 1018,^27. 

$938. 
Id., i 28. 

i 989. 

Id. 

f 944. 

SB. 8., 1018, « 28. 

i 950. 

3 B. 8., 1019, { 30. 

i 958. 

3 B. 8., 1019, $ 29. 

i 957. 

S B. 8., 1019, i 82. 

i 969. 
8 B. 8., 1019, $ 82. 

$ 968. 
8 B. 8., 1019, i 82, 

i 964. 
3 B. 8., 1019, $88; 

$ 965. ' 

Id., » 3L 

f 966 

Id.,f31. 

i 968 
Id., 1020, 488. 

< 960. 

Id. 

$ 979 

Id., i 88. 

( 978. 

8 B. 8., 1028, f SL 

i 970. 

Id. 



^ I 



SOURCBS OF SECTIONS OF THIS CODB. 



8B.B.S.,KnS»$64. 

i 285. 
8 B. S., 1092, f 64. 

i 800. 

Ch. 838, L. 1847 (8 B. 8., 1038), 
^57. 

$ 804. 
8 B. S., 1028, 1 68. 

i 809. 
8 B. S., 1024, (74. 

i 840. 
3 B. S., 094, f 45. 

i 841. 
8 B. S., 904, i 46. 

( 848. 
8 B. S , 1024, i 74. 

» 844. 
Id., 229, i 29, 1026, i 87. 

$ 845. 
8 B. 8., 229, § 20. 

j 846. 
8B.S.,1026,H87,88. 

i 855. 

3 B. S., 1028, $ 1. 
§ 856. 

Id , 1029, i 18. 

i 850. 

See id., $ 11. 

i 868. 

SB. S.,706, nSS 

» 878. 

3 B.S,1028,«9; BeeL.lSSS, 
ch. 332, f 1. 

i 876. 
Ch. 475. L. 1873 

§ 877. 

8 B. S., 1028, < 8. 



i 

L. 1873, ch. 4S7 (8 B. 8., 1032) 
^42. 

i 887. 
8 B. S , 707, $ 190. 

i 888. 
6ee3B. S.,1029, U9. 

i 891. 
8 B. S., 1030, i 26. 

^898. 

Id., 1029, i 19. 

i 898. 

8 B. S., 1032, i 43, L. 1869, ch. 
6i8. 

i 894. 

Id., 1024, i 69 ; id., 1054, H 30, 
31, €< Mg. 

1896. 

Id., 1029, 120. 

$ 897. 
Id., ( SI. 

i 898. 
Id., i 28. 

$ 418. 

N. Y. Const., Art. f , i 8 ; 1 B 

S , 876, « 21. 

i 436 
3B. S.,707, $197. 

$ 444. 

8 B. S., 996, i 48. 

i 455 
See3B S.,1090,$86. 

« 456. 

See id. 

$ 457. 
See id., $ 87. 

( 461. 

Bale 83, Sap. Ct. 

{478. 

See 8 B. S., 1029, i 18. 



SOURCES OF SECnONB OF THIS CODE. 



i ts*. 




t 6oe. 


Cliap. 61, L. 1878. 


ia.,(M; »«.eh.!»8,L.jaB, 


{ 48a. 






SE.S.,10M 


(13. 


ld.,'(27; «)ach.M«,I,.lB3fi. 


( 487. 






ia.,n*. 




1*08. 






111. ,(38; HW ch. IBS, L. IMS. 


SR.B.,1036 


(15. 


IS. 


SB. S.,M1, 


U. 


(609. 
Irl.. ( M ; mo t. IMfl, ch. 1I8; 
L. 16H7, oh. aso. 








ia.,.tia. 






t 4sa. 




See 1_ 1873, oh. 3S7. 


»»tJL 




See ch. 176, L. 1873; ah. US, 


r4M.. 




I„13S0. 


^m 




seeaKa.,iiiao,(3a 


imt. 




(«M" 




1 as». 


id.,fM. 






1491. 




t S39. 


3 R. S . MB, 


IT, 


RHlell, CtofApp. 


i49S. 




« S4T. 


M., ( IH, 




Rale Si, Ct. of Ajip. 


ItfB. 




1 550. 


Jfci* 




SB. S., 1001, i 31. 


[j^ ~ 




( 857. 


ia:.)io. 




3K.S.,1001,(81. 


1001. 




1588. 


Id.,H»,Bl,M. 


See Id., 1023, 1 5B, 


1 BOS. 




1 55a. 


Id., 1(11,21. 




See id. 


)MW. 




( 081. 


!*.»«. . 




3B.S„77S,l(»8.«l 


I«H. 




1 888. 






i eoo. 



^ 



xu SOURCES OF SECTIONS OF THIS CODE. 



i 600. 
8 R. S., 1019, 1 88. 

i 610. 
8 R. S., 1088, 1 00. 

f 611. 

3 B. S., 1028, 1 02. 

I 616. 

See 8 B. S., 1064, H 80, 81* 82, 
33. 

i 617. 

See id. 

i 6^0. 

See 8 B. S., 1086, $ 79; id., 652, 
<1. 

I 6^1. 
See8B. S.,668, $S. 

i 62». 
See 8 B. S., 1026, 1 79; id., 663, 

I 6183. 

Id. 

i 6184. 

Id. 

$ 695. 
Id., ( 8. 

Id. 

i 627. 

Id., J 5. 

i 628. 
Id., $ 4. 

Id., J 6. 

i 630. 

Id., J e 

i 631. 
SeeSB. S.,654, f 7. 

$ 63». 

id., ( 8. 



$ 688. 

Id.,»9. 

i 684. 

Id., » 10. 

i 635. 

Id. 

( 636. 
3B.S.,1026,f77; id.,06ft»f U. 

i 637. 

Id. 

i 640. 
See8B.S.,665, HlS,Xik 

$ 643. 
See 8 B. S., 1086, i 77. 

i 644. 
See 8 B. S., 1026, $ Tit. 

i 645. 

Id. 

$ 646. 

Id. 

i 647. 

Id. 

i 648. 

Id. 

i 640. 
3 B. S., 666, f 16. 

i 650. 
Id., f 17. 

i 651. 

Id. 

i 659. 
Id.,n8. 

i 653. 

Id. $ 19. 

i 654. 

id., ( 20. 

{ 655. 

id., ( 81. 



SOUBCSS OF SECTIONS OF THIS OODB. zlii 



Id., i 88. 


Id. 


1 057. 


»081. 


Id.. 1 24. 


Id. 


1 058. 


»088. 


See2S.S.,8A6,ff90,Sl. 


Id. 


i 059. 


i 085. 


Id. 


8BS.,1046,|SL 


i 001. 


»080. 


See8ILS.,M7,$SL 


Id., i 58. 


1 009. . 


i 087. 


3 S. S., 848, $ 8S. 


Id., $ 68. 


1 008. 


i 088. 


SeeSB. S.,l(tt4,H70,78L 


Id., 154. 


» 004. 


$ 089. 


See 8 11.8.. 1024, » 70, 78. 


Id., i 5S. 


1 005. 


i 098. 


See id., f 7S. 


K.Y. Const* Art 17, 18^ 


iOOtl 


$ 098. 


See8S.8.,1046»f50. 


Id. 


1 008. 


i 094. 


3B.S.,1081, H84,85. 


Id. 


f 008. 


$ 095. 


Id., f 86w 


8 B S., 10i4, 1 80. 


1078. 


$ 090. 


8 B. S., 10S2. f 66. 


Id., i 40, L. 1840, cb. 816L 


$074. 


i 097. 


3 B S., 978, H 67,88 (L. 1888. 


Id., 1 41. 


ch. 880, II 1, 8). 


^ ■•■ y • ^^v 


1 075. 

See 8 B. 8., 1046, II 06, 7, 8. 


J 099. 
SB S., 1006, 17. 


1070. 
Id. 


1 700. 

Id. 


1077. 


$ 701. 


Id. 


Id., f 8. 


i 078. 


f 708. 


Id. 


Id.,f9. 


1078. 


$ 708. 


Id. 


Id., $ 9. 



I 



xiT S0URCS8 0^ SECTIONS OF TBSB CODE. 



i 704. 
Id., $ 10. 

i 705. 

Id., ( U. 

i 700. 

Id., i 12. 

i 707. 

Id., i IS. 

i 708. 

Id., ( 18. 

i 709. 
Id., i 14. 

4 710. 

Id., I 12. 

4 711. 

Id., f 15. 

4 7ia. 

Id., 1 10. 

4 718. 

Id., J 17. 

f 714. 

Id., i 18. 

4 717. 

Id., ( 19. 

i 718. 

Ch. 61. L. 1876. 

{ 710. 
8 R. S., 1007, i 20. 

i 7»0. 

Id., $ 21. 

i 7ai. 

3 R. S., 1012, f 60. 

5 7a». 

Id. 

4 7«8. 
3 R. S., 1012, f 61. 

i 724. 
Id., $ 68. 



$ 725. 

3 R. S., 1011, $ 48. 

J 7»6. 
8 R. S., 1011, f 44; Id.,i64. 

J 7»7. 
Id., f 49. 

i 728. 
Id , ( 46. 

( 729. 
Id., i 47. 

i 730. 
3R. S.,1012,f4S. 

J 781. 

Id., (49. 

i 732. 
See 8 R. S., 1006, 1 2. 

J 733. 
Id., J 6. 

$ 740. 
See 3 & S.^ 778^ 1 88. 

$ 742. 
3R.S..1009.H29^80. 

i 745. 
See 8 R. S., 1010, f 38. 

i 746. 
3 R. S., 1010, f M. 

J 747. 

Id. 

$ 748. 

Id., $ 41. 

{ 750. 

8 R. S., 1018, f 68. 

( 751. 

Id., f 67. 

$ 752. 

Id., $ 68. 

$ 753. 

Id., $f 64, 66. 



SOURCES OF BEOnONS OF THIB CODS. xr 



I 754. 

Seo id., $ 06. 

i 7ff5. 

See id., 1 69. 

i 75e. 

See id., f 00. 

* 757. 
Id., I 61. 

i 758. 

Id. 

i 759. 
Id , $$ 02, 78^ 

« 760. 

Id., J 71. 

} 761. 

Id., J 73. 

f •76a. 

See Rule 21, Ct. App. 

i 766. 
8 U. S., 1013, ji 69. 70. 

* 767. 

See 8 B. 8., lOU, $$ fH^ 09 

i 760. 
Id., $ 68. 

I 773. 

811. s., 1039, n. 

« 774. 

Id., J 5. 

« 775. 
Id., #6. 

I 776. 

Id., J 7. 

i 777. 
Id., f 8. 

I 778. 

Id., J 11. 

I 780. 
Id., f 9. 



J 785. 
Ii.,«13. 

} -786. 
Id., f 14. 

> 787. 
Id., i 14. 

i 788. 
Id., $ Uk 

j 788. 

See 8 B. S., 1041, § 13. 

i 700. 
See Id., i 16. 

$ 709. 
3U. S.,1045, H6. 

i 708. 
U. S., Const., Amdt., IT. 

> 706. 

I«l.,§47. 

i 708. 
Id., f 49. 

* 801. 
Id., I 48. 

i 814. 
See 3 B. 8., 1048, ff 28, ia 

$ 815. 
Id., i 29. 

( 816. 
Id., $ SO. 

$ 817. 
Id., f81. 

$ 818. 

Id., H 82, St. 

i 810. 
Id., i 84. 

$ 8S0. 

Id., $ 8S. 

$ 899. 
i Id., $86. 



xvi BOUBOES OF SECTIONS OF THIS CODBL 



I8S4. 

Id., f 86. 




$ 844. 

Id., i 8. 


f 825. 

Id., i 37. 




$ 845. 
Id., ( 9. 


f 8JMI. 

Id., i 88. 




i 846. 

Id., J 10. 


i 827. 
n. S. GoxiBt. 


, Art. IV , f 2 


$ 847. 
Id., i 72. 


f 888. 
8 B. S., 1003 


»f41. 


$ 848. 

id.,ni. 


i 8^. 

Id., f42. 




i 848. 
Id., H 12, 16. 


i 830. 

Id., J 48. 




i 850. 
Id., $ 18. 


$ 831. 

Id., $ 44. 




$ 851. 

Id.. H 14, 16. 


i 83S. 
Id., $ 46. 




$ 85S. 

Id., i IBL 


i 833. 
Id.,$4S. 




$ 853. . 
Id., $ 17. 


$ 834. - 

Id., i 46. 


• 


» 854. 
Id., i iU, 


$835. 

Id.. 4 47. 

$ 836 

IR S.,6e2, 

i 837. 

Id. 


$18. 


$ 85l>. 

Id , i 19. 

$ 856. 
Id., $ 20. 

$ 857. 

Id., J 21. 


$ 838. 

2 R. S., 888, 


$1. 


$ 858. 
Id., J 22. 


$ 889. 
Id., J 2. 




i 850. 

Id., $28. 


$ 840. 
Id., i 6. 


. 


$ 860. 
Id., $ 62. 


1 841. 

Id.,) 6. 




i 861. 
Id., $24. 


f 848. 

Id., H 7, 71. 




$ 862. 
la., $ 24. 



B0UB0B8 OP SBOnONB OP TB3S OODX. zrli 



Id., 1 98. 

$ 864. 

Id., f 28. 

$ 865. 
Id., f 80. 

f 866. 

Id., i 80. 

( 867. 
Id., f 8L 

5 868. 

Id., ( 83. 

$ 869. 
Id., (38. 

§ 870. 
2B.S., 

4 871. 
Id., $ 80. 

i 879. 
Id., » 88. 

f 878. 

Id., « 87. 

i 874. 

Id., f 88. 

$ 875. 
Id., ( 88. 

i 876. 
Id., f Ml 

i 877. 
Id.,«4L 

$ 878. 
Id., 148. 

f 879. 
Id., f 48. 

i 880. 
Id., I 44 

1881. 

Id., f 48. 



886.I8A. 



B 



$889. 

Id., f 47. 

»883. 

Id.,» 48. 

f 884. 
Id., $ 49. 

f 885. 

Id., i 80. 

I 886. 

Id., I SI. 

f 887. 
2B.S.,888,|1. 

i 888. 
2B.S., 97,11. 

f 889. 

Id., f 8. 

$ 890. 

2 B. S., 888, » 2, 8i. 

$891. 
Id., $8. 

(899. 

*Id., J8. 

I 893. 

Id., i 4. 

i 894. 

Id., J 6. 

(895. 
Id., i 8. 

$ 896. 
Id., J 7. 

$ 897. 

Id., $ 8. 

§898. 

Id., f 9. 

(899. 

2B.S.,898»fl. 

f 900. 

Id., $2. 



zviii SOURCES OF SECTIONS OF THIS CODS. 



f 901. 

Id., f a. 


$980. \ 

Id., $ 7. 


f 908. 

Id- f a. 


$981. 

Id., $ 8. 


$908. 

Id., IS. 


$988. 

Id., 1 9. 


1904. 

Id., i 8. 


$988. 
Id., $ 10. 


i 905. 

Id., $4. 


$984. 

Id.. $11. 


$ 906. 

Id., $5. 

$ 907. 
Id., f 8. 

$ 908. 

Id., i 7. 


$985. 
Id.. $ IS. 

$986. 

Id., $ 18. 

$987. 

8B.S.,17B,f|ll^iI. 


f 909. 
Id., i 8. 

$910. 

Id., $ 9. 


i 988. 
Id., $ 48. 

$ 989. 

Id. 


$ 911. 
Id., $ 10. 


$ 930. 

Id., i 48. 


$ 918. 

Id., $$11,UL 


$ 981. 
Id., $ 44. 


$ 913. 

Id., $ 13. 


$988. 
Id., $ 44. 


$ 914. 

2 B.S., 808,11. 

$ 915. 

Id.. $ a. 


$988. 

Id.,$4tf. 

$984. 
Id., f 48. 


$ 916. 
Id., $ 8. 

$917. 

Id., $ 4. 

$ 918. 
Id., $5. 


$ 985. 
Id., $ 47. 

$986. 

Id., $ 48. 

$987. 
Id., $ 49. 


$919. 

Id.. $ 8. 


$988. 

Id., $ m. 



SOURCES OF SEOTIOJ^S OP THMS CODB. 



i 989. 

Id., $ S3. 

# 040. 

Id., I 64. 



S S. S., 1034, a 6, 8, 16, L. 
ISffJ, oh. 604, U. 

$ 94J3. 
Id., H 7. 17, 

I 948. 

Id., § 18, L. 1807, ch. 604, $ 2. 



I 944. 

Id., (18, oh. 004, 18. 
I 945. 

Id., 1 90, oh. 604, L. 1867f 1 6. 
i 946. 

Id. , i 19, oh. 604, L. 1B67, 1 4. 
1947. 

Id., i 19. 

i 948. 
Id., I 23. 

$949. 
Id.,»9|. 



TABLE OF OONTEirrS 

or THX 

CODE OF CRIMINAL PROCEDURE. 



SBOTIOH8. 

Fhujicikabt PBonsioirs 1-10 

PART I. 

Trnji L~Of thb oouirrs of originai. CBnaxAL 

JVKISOICTIOII IN OSNBRAI.. 11 

n.— ^F THE COUKT FOR THB TRIAL OF Df- 

pbachxehts 1^20 

in.— Of thb COURTS of otbr akd TBKHZirBB. tl-ai 
rv.— Of thb oitt courts. 

Chaptbb I. The eltj court of Brooklyn 9MI7 

n. The aoperior court of BaAUo 9B-90 

m. The other cit/ courts 81-81 

lY. General proTtsions relating to city coortB. 88-86 

Titijb T.— Of thb oourts of sbssions. 

Chaftbr I. The oonrts of seeaions in general 87-88 

n. The coorts of sesaioiis in counties other 

„ than New York and Kings 88-48 

m. The oourts of seasions or New York and 

..^ ^ ^KlBflfs OO-OS 

FlTLB VX^OF thb courts OF BFBCIAI* SSSSIOM8 AND 
FOUGB OOURTS. 

Chaptbr I. The special sessions except in the cities 

of New York and Albany 6<MI3 

n. The siiecial sessions In the city and county 

of Now York 64-67 

m. The special sessions ofthe city of Albany. 68-73 

IV. The police courts 74-78 

PART n. 

OF THB PRBYBNTION OF CRIMB. 
riTLB L— Of lawful RB8ISTANCB. 

Chaftbb I. General provisions respecting lawftd re- 

sistance 79 

n. Besistance by the pwty abont to be 

inlured 80 

m. Besistance by other parties 81 

TiTLB n.— Of thb nrrBRvsNTioN of thb officbrs 

OF JUSTICB. 

Ghaftbx I. Ihteryention of pnblie ollleers in generaL 89-88 

n. Security to keep the peace 84-00 

in. PoMce in cities and Tillafres, and their 

attendance at exposed places..: lOO-lOl 

lY. Preyention and suppression of riots 108-117 



xxii TABLE OF CONTENTS, 



PABT m. 

OF JUDICIAIf PB0CEBDIN08 FOR THE REMOVAL OF PUBUO 
OFFIGBBS BY IMPEAOHMENT, OB OTHERWISE. 

SSCTIOVfl. 

Title I.— Of niPEACHMENxs 118-131 

II.— Of the removal of justices of the 

PEACE, POLICE JUSTICES, AND JUSTICES 

OF JUSTICES' COURTS MJXD THEIR CLERKS. 132 



PABT IV. 

OF THE PROCEEDIMOS IN CRIMINAL ACTIONS PROSECUTED BT 

INDICTMENT. 

Title I.— Of the local jurisdiction of public 

OFFENSES 183-140 

U.— Of the time of commencing criminal 

ACT IONS..: 141>ltf 

IIL— Of the INFORMATION, AND PROCEEDINGS 
THEREON TO THB COMMITMENT INCLU- 
SIVE. 

CHAPT4.R I. The information 145-147 

n. The warrant of arrest 148-168 

III. Arrest by an oiflcer under a warrant 167-176 

IV. Arrest hy an officer, without a warrant. . 177-18S 
V. Arrest by a private person 183-185 

VI. Retaking, after an escape or rescue 186-187 

VII. Examination of the case, and discharge 
of the defendant or holding him to 
answer 188^921 

TITLE rV.— Of PROCEEDINGS AFTER COMMITMENT,AND 
BEFORE INDICTMENT. 

Chapter L Preliminary proTisions 822 

n. Formation of the grand Jury ; its powers 

and duties 223-267 

TITLE v.— Of the indictment. 

Chapter L Finding and presentation of the indict- 
ment 268-972 

n. Form of the indictment 278-292 

in. Amendment of the indictment 293-285 

IV. ArraignmenI; of the defendant 296-4{12 

V. Setting aside the indictment 813-320 

VI. Demurrer « 821-331 

vn. Plea 382-342 

vm. Bemoval of the action before trial 843-853 

Title VI.~Of thb proceedings on the indict- 
ment, BEFORE TRIAL. 

Chapter I. The mode of trial '. 864-867 

IL Formation of the trial Jury 368 

III. ChaUenging the jury 8B9-887 



TABLE OF CONTENTS. 



xzili 



Titus YII.— Of the tsiai*. Sbctions. 

Chaftss I. The trial.. 888-432 

n. Conduct of the jury, after the cause is 

sabmitted to them 42^^138 

ni. The verdict 48S-464 

TiTUB yiIL--OF THB FB0GBEDIN08 AFTER TRIAL AND 
AMD BEFORE JUDGMENT. 

Chapteb %. Bill Of exceptions 4fiB-461 

n. Ke\T trials 462-406 

III. Arrest of judgment 467-470 

TITLB IX.— Of the judgment AMD EXECUTION. 

Chapter I. The judgment 471-485 

II. The execution ,_ 486-490 

TiTLB X.— General provisions in relation to the 

PUNISHMENT OF CRIMES. 

Chapter I. Thedeath penalty 401-W9 

II. Second offenses, habitual criminals, and 

special penal discipline fflO-614 

TiTLB X*— Of APPEALS. 

Chapter I. Appeals, when allowed, and how taken. . SlO-882 

n. Dismissing an appeal, for irregularity 683^684 

m. Argument of the appeal 686-641 

IV. Judgment upon appeal f 642-049 

TiTLB XI.— Of MISCELLANEOUS PROCEEDINGS. 

Chapter I.— Bail. 

Articlm I. In what cases the defendant may be admit- 
ted to bail 500-666 

n. Bail, upon being held to answer, before in- 

dictment 607-077 

m. Bail, upon an indictment, before convic- 
tion 678-682 

IV. Bail, upon an appeal: 683-580 

y. Deposit, instead of bail 686-6fr9 

VI . Surrender of the defendant 600-092 

Vn. Forfeiture of the undertaking of bail, or of 

the deposit of money 608-608 

ym. Be-commitment of the defiendant, after 
having given ball, or deposited money 
insteiulofbail 800-606 

COAFTXB n. Compelling the at Adance of witnesses, 607-619 
m. Examination of witnesses, conditionally, 620-630 
IV. Bxamination of witnesses, on conmiis- 

sion 636-657 

V. Inquiry ipto the insanity of the defend- 
ant, before or during trial, or afier 

conviction 608-662 

VI. Compromising certain crimes, by leave 

of the court 668-«66 

VIL Dismissal of the action, before or after 
indictment, for want of prosecution or 
otherwise 667-678 

• So in the originaL 



ziiy TABLE OF CX>NTBNT8. 

SBcncnra. 

GBAFTBBYin. Remitting the paniahment, in oertain 

caaes 874 

IX. Proceedings against corporations 675-682 

X, £natling affidayits 68S 

XL. Errors and mistakes* in pleadings and 

^^ other proceedings. 68i 

XIL Disposal of property, stolen or embez- 

zled 68!MI91 

XIIL BeprioT^s, commatations and pardons. . 098-606 

PAET V. 

OF PBOCEBDIKG8 IK COURTS OF 8PSCIAL SBSSIOHS AND FO- 

UCB COUBT8. 

Trrui L— Of the proceedings in courts of spb- 
ciAL sessions in the counties otheh 

THAN NEW YORK 660-740 

IL— Of the proceedings in the courts of 

SPECIAL SESSIONS IN THE CITT ANB COUN- 
TY OF NEW YORK 741-748 

III.^0F appeals from the COURTS OF SPECIAL 

SESSIONS^ 749-772 

PART VL 
OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE. 

Tttlb I.— Of coroners' inquests, and the duties 

0F90R0NERS 773-790 

II.-OF SEARCH WARRANTS 701-819 

IlL— Of the outlawry of pexcsons convicted 

oftreason 814-8s6 

IV.—Of proceedings against fugitives from 

JUSTICE. 

Chapter L Fagitives from another state or territory, 

into this state 827-635 

n. Fugitives Arom this state, into another state 

or territory 8S6-887 

Titlb Y.— Of proceedings respecting bastards. 

Chapter L Proceedings before magistrates, respect- 
ing bastards 838-860 

n. Appeals firom the orders of magistrates, 

respecting bastards 861-880 

ni. Enforcement of the undertaking for the 
support of the bastard or its mother, or 
for appearanc-e on appeal 881-^86 

Title VI.->Of proceedings respkcting vagrants, 887-898 
Yli.— Of proceedings resecting disorderly 

persons 890-018 

Yin.— Of proceedings respecting the sup- 
port of poor persons 014-028 

IX.— Of proceedings respecting masters, 

apprentices, and servants 027-8IO 

X.— Of criminal statistics 041-040 

XI.— M iscellaneous provisions respecting 
special proceedings of a criminal 

nature 060-05S 

General proyisions and definitions applicable to this 
Code 053-068 



THE CODE OF CRIMINAL PROCEDURE. 
CHAPTER 442, LAWS OF 18B1, 

AS AMENDiO, 1S82, 1SS3 AND 1881. 

AN ACT 
To establish a Code of Criminal Procedure. 
Passed June 1, 1881 ; ihi-ce-fifths being jinisent. 



PRELIMINARY PROVISIONS. 

Title of theCoile. 

UlTlsions of tbc Code. 

No person panlBhablo bat on legal con vlciina. 



rime prohibited. 



§ 2. DiTJatona of fbs Oode. — This Code is divided 
into HIS parts. The fii-st relates to the courts having- 
iij-iKinaljaiTBdiclion in cnminal iictions; 

The second relates to the pi-evention of crime ; 

The third i-elatea to the judicial proceedinjfs for the 
removal of public otficerB by impeachment or otherwise ( 

The fourth ivlates to the proceedings in criminal ac- 
tions prosecufeit by indictment j 



§§ 3-7, CIOMINAL ACTIONS. 2 

The fifth relates to proceedings in special sessions and 
police courts ; 

The sixth relates to spedal proceedings of a criminal 
nature. 

{ 3. No pefTBon punishable but on legal oonviction.— 

No person can be punished for a crime except upon legal 
conviction in a court having juris(Uction thereof. 

Art. 1, f 1, N. Y. Const. No conviction on ex parte affidavits. 
Me parte James, 30 How. Pr., 446. 



f > 4. Crimes, how prosecuted. — A crime most be 
prosecuted by indictment, except 

1. Where proceedings are had for the removal of a 
civil officer of the state on impeachment by the assembly 
for willful or corrupt misconduct in office ; 

2. "Where proceedings are had for the removal of jus- 
tices of the peace, police justices and justices of justices' 
courts and their clerks ; 

3. A crime, arising in the militia when in actual serv- 
ice, and in the land and naval forces in time of war, or 
which this state may keep with the consent of congress 
in time of peace ; 

4. Such crimes as are hereinafter or in special statutes 

specified as cognizable by courts of special sessions and 

police courts. 

Ai-t. 1, i 6, N. T. Const 

§ 6. Criminal action defined. — The proceedinef, by 
which a party charged with a crime is accused and 
brought to trial and punishment^ is known as a criminal 
action. 

{ 6. Parties to a ociminal action. — A criminal action 
is prosecuted in the name of the people of the State of 
New York, as plaintiffs, against the party charged with 
crime. 



{ 7. The party prosecuted known as defendant.-^ 

The party prosecuted in a criminal action is designated 
in this Code as the defendant. 



DEFENDANT'S RIGHTS. 



1. To a B|)eedf and puliUc trial ; 

3. To be allowed, counsel as in civil aetiona, or he may 
appear ami defend ia pei'son and with counsel ; and, 

3. To pimliice witnesses in his behalf, and to be con- 
fi-onled with the wttneaees a^^nst bim in the presence 
(if the coui-t, escept that whei* the chai-ge has been 
preliminai^ly examined befoi'e a mtigistrate. and the 
testimony i-educed by hiin to the fonn of a deposition in 
the pi-esence of the defendant, who has, either in pei-BOn 
or by counsel, cross-examined, or had an ojiportunity 
to ui'oss-exajnine, the witness, or, where the testimony 
of a witness on. tlie part of the people, who is unable to 
give security for his appearance, has been taken con- 
ditionally according- to secdona 2X9 and 220, the dejioai- 
tion of the witness may be read upon its being satisTiLCt- 
orily ahown to the court that he is dead, or inswie, or 
caunot with due dilig-ence be found in the state. 

,.. .,_,t. U. 8. 8nb. S. Art, 1,48, S.T. 

jl., GariirK v. Vnn AUan, SB N. V., 31. 

suu. a, DefeudnnC can unoaent that depoeiliods taken la his 
preseocB be rood on triaL Wiglitnian o. Pen., B7 Barb., M, 
Jio riglits^jefore coroner. CriefleM v. Perrine, 10 Hun, MO ; s. c, 
69 N. Y.', 80.' Due diligence. Peo. v. Mnrphv. 1 N. Y. Cr., 102. ' 

G 9. Second prosecution for the same crime pro- 
Mbited. — No person can be subjected to a second 
prosecution for a crime for which he has once been 
proaecuted, and duly convicted or acquitted. 

Art. 1, t 8, N. _. 

without judgment, easlaina a plei. „ ^.„ 

Slicphent v. Peo., 25 N. Y., 40(f See Peo. v. Uoodwin, is 
Jnhns,,a»; Peo. v. Biirreu. I id., 68 jld. e. OlootC, 2 ib. Css., 
301 ; 111, V. Cramer, 5 Part., ITI : W, r. McCioatev, lb., 87 ; 
111. F. ^nndera. 1 ib. , 198 , Id. r. Warren, ilh., 33d 1 la.f. Allen, 
lb.. 415 ; Id. V. Van Keuren, 5 lb , 88 ; Id. o Kruinmer, * ib., ai7 ; 
Id. ■>. Townsend, 3 Hill, 479: Cantor r. Peo., 1 Abb. Dec. 
305 ; Peo. v Kramer, l Sbeld., MB ; Gardiner v. Peo., 8 
Pnrk., US : Peo. c. Cneboms, 13 Johns., 3M ; Burns v. Pec, 
1 Park.. lS-2; Peo. r. Comslock, S Wend., 649. When rortniir 
Judgment reversed, new Indictment may be found. Kelly v. 
Peo., 8 Hun, 609. See Peo, o, Raloff. 6 Part.. JT. Where 
wronK jadgmeuC rendered on regnlar convicdon, cannot retry. 
ShepbeiMp. Peo..aiipra ; but mujremit record and reeenlence. 
Hnssey p. Peo., 47 Barb., 503. A verdict of conviction on one 
count, Bconits on all others. Guenthsr v. Peo., !4 K. Y., 100: 
Peo. t>. Dowhug, 23 A. L. J., SB3. 



$10. 



DEFENDANTS RIGHTS. 



} 10. No person to be a witness against hiniHelf, or un- 
necessarily restrained. — No person can be compelled in 
a ciiminal action to be a witness against himself, nor 
can a person charged with crime be subjected, before 
conviction, to any more restraint than is necessary for 
his detention to answer the charge. 

Art. 1, i 6, X. T. Const. Defendant may be required to 
answer when it cannot be used against him. Perrine v. Striker, 
7 Pai., 598 ; Peo. ex rel. Hackley v. Kelley, 24 N. Y., 74. How 
a defendant can waive this privilege. Connors v. Peo., Sb 
N. Y., 240. 



COURTS. § H. 



PART I. 

OF THB COUBTS ULYIKQ ORIGINAL JUBISDIOTION IN CRIMINAL 

ACTIONS. 

TiTLB L Op the courts op original criminal jurisdic- 
tion IN GBNERAL. 

n. Op thb court for thb trial op impbachmbnts. 
ni. Op thb courts op oybr and tbbminbr. 
IV. Op thb city courts. 

y . Op thb courts op sbssions. 
YI. Op thb .courts op special sessions and police 
courts. 

TITLE I. 

€jf the Oowrts of Ongmod Criminal Jurisdiction in gen- 
eral. 

SBC. 11. Of the coarts of original criminal Jurisdiction. 

§ 11. Of the courts of oziginal criminal Jurisdiction- 
Special sessions and police couris, when courts of re- 
cord. — 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 j 

3. The city courts of Bi-ooklyn, 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 Constitution which provides for the removal of jus- 
tices 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. 



$$ 12-16. IMPEACHMENTS. S 

TITLE II. 

Qf the Court for the Trial of Impetuihments, 

Sec. 12. Itsjarisdiction. 

13. Members of the court, 
li. PrefiidingJacLre. 

15. Clerks and omcers. 

16. Seal of ihe court. 

17. Time of holding the court. 

18. Oaih to members of the court 

19. Adjournments, etc. 

20. Compensation of members and offic«rB of the court 

} 12. Jniisdiotion.— The court for the trial of impeach- 
ments has power to try impeachments, when presented 
by the assembly, of all civil officers of the state, except 
justices of the pc^e, justices of justices* courts, police 
justices, and their clerks, for wiflful and corrupt mis- 
conduct in office. 

Art. 6, f 1, N. T. Const. 



} 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 lieutenant-governor cannot 
act as a member of the court. 

Arts, il, N.T. Const 



§ 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. 



$ 16. 01«rk8 and officerg.— The clerk and officers of 
the senate are the clerk and officers of the court for the 
trial of impeachments. 

( 16. Seal of the ooorL— The 0eal of the court for the 
trial of impeachments now deposited and recorded in 



i 



7 IMPEACHMKNTS. $} 17*20. 

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 oourL — Upon the delivery of an 
impeachment from the assembly to the senate the presi- 
dent 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 Ihirty nor more than sixty days from the day 
of the delivery of the articles of impeachment. 

$ 18. Oath to membera of ooorL — At the time and 
place appointed, and before the court proceeds to act 
Upon the impeachment, the derk' must administer to the 
presiding judge, and the presiding judge to &Lch. of the 
members of the court then present, an oath or affirma- 
tion 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. 

f Id. Af^yoammeuts, ete- — ^The court may adjourn 
from time to time and hold its sessions at such places as 
it may determine, hut no more than two sessions of the 
oourt can be held during the recess of the^legislature in 
any one year. 

} 20. Oompeiiflatioii of memben and officers. — ^The 
writ aad pi*oce88 of the court must be signed by the 
clerk and tested in the name of the president of the 
senate. The 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 com- 
pensation as an associate judge of the court of appeals is 
entitled by law to receive for his services and expenses ^ 
aa such judge for the same time. The other officera of 
the courts excepting the judges of the court of appeals^ 
are entitled to the same compensation for their attend- 
ance thereon, and for traveling to and fnHn the place 
where it is held, as is allowed them for attending a 
meeting of the senate, but no such compensation shall be 
rooeiv^ for afetending the oourt during a sesuon of tha 
legikslature. « 



H 21-22. OYER AND TERMINER. t 

TITLE m. 

Cf the Courts of Oyer and TermiTier, 

Seo. 2L CoartofOTerand terminer ineachoonnty. 

22. Its Jurisdiction. 

23. Bv whom held. 

24. Writ or process. 
26. Clerk. 

§ 21. Court of oyer and terminer in each coimtyri— 

There is in each of the counties of this state, except that 
for this purpose Fulton and Hamilton ai*e deemed one 
county, a court of oyer and terminer, with the jurisdic- 
tion confen*ed by the next section and no otheri but noth- 
ing contained in this section affects its jurisdiction in 
actions or proceedings now pending therein. 

It is a continuous court. Appo v. Peo., 20 N. Y., 681 ; Kangh- 
ton V. Peo., 7 Abb. Pr. [N. S.], 421. 

§ 22. Jurisdiotion. — 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 determme 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 prisonera 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 oi*der 
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 ter- 
miner, if, in the opinion of that court, it is proper to be 
tried themn, 

5. To exercise the same jurisdiction as a court of ses- 
sions in a cause oi' proceeding transferred according to 
sections 40 and 41 of this Code. 

6. By an order, entered in its minutes, to send any 
ijidictment found therein for a crime triable at the court 
of sessions of the county, or the court of general sessions 
)f the city and county of New York, to such court ; 



i 



9 OYER AND TERMINER. $} 23-26. 

7. To ffrant new trials in all cases tried therein. 

8. To let to bail any person committed, before and 
after indictment found upon any criminal charge what- 
ever. 

9. To exercise the powers conferred upon it by other 
provisions of this Code and by special statutes. 

Court cannot adjoam to place not appointed for holding. 
Northmp V. Peo., 87 N. Y., 208 ; Flanlgan v. Peo., 86 N. Y., 664: 
Peo. V. O'Connell, 02 How. P. R., 436; Peo. v. Cavanagh, 62 
How. Pr., 187. 

$ 23. By i^hom held. — ^A court of oyer and terminer 
is neld by a justice of the supreme court, without an 
associate. 

Art. 6, h 7, N. Y. Const. If jastices be changed or absent 
daring trial, it is a mistrial. Shaw v. Peo., 3 Ilnn, 272 ; Blend 
V. Peo.j 41 N. Y., 604. A trial Jnstice cannot testily. Dohring 
V, Peo., 2 8. C, 468 ; 69 N. Y., 374. See Smith r. Peo., 
47N. Y.,850. 

$ 24. Writ or process. — A writ or process issued out 
of the court of oyer and terminer must be tested in the 
name of a justice of the supreme court of the district-, and 
may be directed by the coui*t into any county of the state* 
as occasion requires. 



§ 25. Olerk. — Except the clerk of the county of New 
York, the clerk of each county is, by virtue of nis office^ 
the clerk of the court of oyer and terminer held therein. 



$} 26-28. CTTT COURTS. 10 

TITLE IV. 

Of the (My Courts. 

CHAFTBK I. The city court of Brooklyn, 
n. The superior court of Buffalo. 
ZIL The other city courts. 
IV. General provisions relating to city courtg. 

CHAPTER L 

THE CITY COURT OP BBOOELYH'. 

Sbo. 26. Jurisdiction. 
27. By whom held. 

^ 26. Jnrisdiotion. — The city court of Brooklyn has 
cnininal jurisdiction : 

1. To the same extent and in the same manner, and 
with the same power as a court of oyer and terminer in 
the county of Kin^s in the indictment and trial of all 
offenses committed in the city of Brooklyn, whenever a 
bill of indictment for any such offense has been trans- 
mitted to the com*t by the court of sessions or court of 
oyer and terminer of the county of Kings ; 

2. To remand any such indictment to the court of secH 
sions or court of oyer and terminer of the county of 
Kings; 

3. To prosecute a forfeited recog^nizance taken by the 
court of sessions or court of oyer and teiminer of Kings 
county and binding the party or parties and witnesses to 
such mdictment to appear in the city of Bi'ooklyn. 

} 27. By whom held. — Any one of the judfi:e8 of the 
city court of Brooklyn may hold a court of ciiminal 

jurisdiction. 

CHAPTER IL 

THB SUPBRIOB 00T7BT OF BUFFALO. 

Sbo. 28. Jurisdiction. 
29. By whom held. 
80. Terms. 

^ 28. Jurisdiction. — The superior court of Buffalo has 
criminal jurisdiction : 



11 CITY COURTS. a 29-32. 

1. To inquire bv a grand jury of all crimes committed 
in the dty of Buffalo ; 

2. To hy and determine all indictments found therein, 
or sent thereto by another court for a crime committed 
in that city ; 

3. To send any indictment pending* therein undeter- 
mined to the court of oyer and terminer or to ih» court 
of sessions of the county of Erie to be determined 
according to law ; 

4. At a general term thereof exclusively to review 
upon motion on the indictment, with or without a bill of 
exceptions^ its decifidons and judgments, and grant new 
trials. 



& 29. By wham held. — The court for the trial of 
indictments and the transaction of criminal business 
other than specified in subdivision 4 of the last section, 
may be held by any one of the jostices thereof. 



$ 30. Terms. -^ There must be at least four terms of 
the court for the trial of indictments and the transaction 
of criminal bueoness held in each year to be apF>pinted 
as prescribed in sectioii 280 of the Code of Ciril Pro- 
cedure. 

CHAPTER m. 

TttB OTHSB OXTT OOUBTS. 

Sbo. 81. Other city conrts. 
82. By whom held. 

$ 31. Other oity courts. — ^The other dtv courts, hav* 
ing original criminal jurisdiction, are tne recorder's 
court of Utica, the recorder's court of Oswe^, and the 
mayor's court of Hudson. Their jurisdiction m criminal 
matters is de&tied by special statutes, and continues as 
thus defined. 



§ 32. By whom held. — ^These courts for the exercise 
of their cnnrinal jurisdtetion must be hold by the follow- 
infs officers : 



§$ 83-36. CITY COURTS. 12 

1. The city courts of Utica and Oswego by the record- 
ers of those cities respectively ; 

2. The mayor's court of Hudson, by the mayor of that 
city. 

CHAPTER IV. 

GENERAL PROVISIONS RELATING TO CITT COURTS. 

Sec. 33. Indictments for offenses punishable with death to bo 
sent to over and terminer. 

34. Indictments for crime not panishable by death. 

35. Indictments when to be sent to oily court. 

36. Court continued beyond terms. 

S 33. Offenses pumshable with death. — When an in- 
indictment is found at a city court for a crime punish- 
able with death, the court may send it to the next coui*t 
of oyer and terminer of the county. 



§ 34. Crime not punishable with death. — A city court 
may also send an indictment found therein and remain- 
ing undetermined for a cnme not punishable with death 
to the next court of oyer and terminer of the same 
county, to be determined according to law. But that 
coui't, if, in its opinion, the same is not proper to be 
tried therein, may remit it back to the court by which 
it was sent, which must proceed thereon as if it had re- 
mained there. . 

§ 35. Indictments when sent to city court. — When 
an indictment is found at a court of oyer and terminer, 
or of sessions, in a county embracing any of the cities 
in which a city court havmg* original criminal jurisdic- 
tion is established, for an offense committed in that city, 
the court in which it was found may send it to the next 
city court in which it is triable, which must proceed to 
try and determine the indictment as if it had been found 
therein. 



} 36. Ck>urt continued beyond terms. — If the trial of 
a cause be commenced before the expiration of the term 
of a city court the court may be continued beyond the 
term, to the completion of the trial and the rendering of 
judgment on the verdict. 



13 COURTS OF SESSIONS. {$ 37-39» 

TITLE V. 

Of the Ccmrts of tSessiona. 

Chapter I. The courts of sesaions in general. 

II. The courts of sessions in counties other than xiew 

m. The court of general sessions of the city and 
county of New York. 

CHAPTER I. 

THB COURTS OF SBSSIONS IN aEHBRAL. 

SBC. 37. General provisions. 
88. The courts/>f sessions. 

& 37. Oeneral provisions. — There is in each of the 
counties of this state a coui-t denominated the court of 
sessions, with the jurisdiction conferred by the next two 
chapters and no other, but nothing contained in this sec- 
tion affects its jurisdiction in actions or proceedings now- 
pending therein. _ ,. ^ 
*^ ® Art. 6, i 15, N. y. Const. 

} 38. n&e courts of sessions. — ^The courts of sessions 
ai*e 

1. The courts of sessions in counties other than New 
York; 

2 The court of general sessions in the city and county 
of New York. 

CHAPTER n. 

COUBT& OF 8BSSI0NS IN COUimRS OTHBB THAN NRW YORK 

AND KINGS. 

SEC. 39. Jurisdiction. 

40. Indictments to be transferred to oyer and terminer. 

41. Id.; remitting back. 

42. By whom hcla. 

43. Justice dlsqualifled. 

44. Same. 

45. When and where held ; Jurors. 

46. Jurors, when to be drawn. 

47. Clerk: 

48. Writ or process. 

49. Compensation of justice. 

§ 39. Jurisdiction.— The courts of sessions embraced 
in this chapter have juiisdiction : 



$ 39. 00DRI8 OF SESSIONS. 14 

1. To inqmre Jby the interventioQ of a grand jniy of 
all crimes committed or triable in the comity; but in 
respect of sach minor crimes as courts of special sessions 
or police courts have exdnave jurisdiction to hear and 
determine, in the first instance, the jurisdiction of the 
sessions attaches only after the certificate mentioned in 
section fifty-seven of this Code. 

2. To try and determine indictments found therein or 
sent thereto by the court of oyer and terminer of the 
county or by a city court in the county for crimes not 
punishable with death. 

3. To hear and determine appeals from orders of 
justices of the peace under the provisions of law respect- 
mg the support of bastards. 

4. To examine into the circumstance of persons com- 
mitted to prison as patents of bastards, and to discharge 
them in the cases provided by law. 

5. To try and determine complaints under the provis- 
ions of law respecting masters, apprentices and servante ; 

6. To review the convictions of disorderly persons 
actually imprisoned, and to execute the powers conferred 
and duties imposed by law in relation to thoae p»bobb; 

7. To continue or discharge recognizances, undertak- 
ings and bonds of persons boimd to keep the peace or to 
be of good behavior, and to inquire into and determine 
the complaints on which they were founded. 

8. To compel relatives of poor persons and committees 
of the estat^ of lunatics to supp(»rt such persons and 
lunatics in the cases and manner prescribed by law. 

9. To exercise the powers conferred by law m relation 
to the estates of persons absconding and leaving their 
families chargeable to the public. 

10. To let to bail persons indicted therein for any 
crime triable therein, as provided by law. 

11. To let to bail persons committed to the prison of 
the county before indictment for any offense triable in 
the court. 

12. To discharge persons who have remained in 
prison without indictment or trial in the cases prescribed 
by law. 

13. To revoke licenses in the cases and mode pre- 
scribed by law. 

14. To grant new trials in all cases tried therein, 

15. To execute such other powers and duties as may 
"be conferred by statute, or are now defined by special 
statute relating thereto. 



16 COURTS OF SESSIONS. J}4(M5. 

§ 40. Indiotmeiite tobe tramferred A court of ses- 
sions must send every indictment there fonnd for a crime 
not triable therein to the court of oyer and terminer of 
the county, or to a city court having jurisdiction to try 
and determine the same. 

§ 41. Id. ; remitting back. — A court of sessions may 
send an indictment pending thei-ein to the com-t of oyer 
and terminer of the same county, to be determined ac- 
cording to law, and if such indictment is remitted back 
without tiial by the court of oyer and terminer, the court 
of sessions may pi-oceed thereon. 

§ 42. By whom held.— A court of sessions must be 
held by the county judge, with two justices of sessions 
to be designated accoi-ding to statute. If the justices of 
sessions, or either of them, fail to attend the commence- 
ment of, or during the tei-m, or if his office at such time 
is or becomes vacant, the county judge, by an oi-der 
entered in the minutes, may designate any justice of the 
peace of the county to sei-ve as justice of sessions during 
the term, or if the order is made by reason of non- 
attendance, until the absentee attends. 

Art. 6, f 15, N. Y. Const. Verdict cannot be receired in ab* 
>nce of justices. Hinman v. Poo. , 13 Hun. 266. 



eence 



§ 43. Justice disqualified. — Whenever a justice of 
sessions is disqualified to act in any cause or proceeding 
pending in a conrt of sessions, the county judge must 
designate some other justice of the peace of the county, 
to act as member of the court during the tiial or deter- 
mination of such cause or proceeding. 

Genprnl provisions as to disqualifications of Judicial officers. 
See % B. S. (6th ed.) p. 436, J $ 2, 7, 8, and cases there cited. 

§ 44. County Judge disqualified. — If the county 
judge is, for any cause, incapable of acting in any ciim- 
inal action or proceeding pending in the court of sessions, 
the court must transfer the same to the court of oyer 
and terminer of the county, or to a city court having 
juiisdiction of such an action or proceeding. 

§ 45. When and where held ; Juries. — A court of 
sessions must be held at such times as the county judge 



$} 46-49. 



COURTB OF SESSIONS. 



le 



of the county, by order, designatee, and at the plax^ 
where the county courts are held for the trial of issues 
of fact by a juiy. Such order must designate the terms 
at which a grand or petit jury, or both, or neither, is 
required to attend ; and neither a grand jui*v nor a petit 
jury is required to be drawn, or summoned to atten<l & 
terpa thus designated to be held without a jury. The 
order must be published in a newspaper printed in tlie 
county, for four successive weeks previous to the time 
of holding the first teim under such order. 

Courts can only be held pursuant to appointment. Pea. v. 
Moneghan, 1 Park., 570. What is sufflcient appointment. Peo. 
V. Wilcox, 28 How. Pr., 297. 



6 46. Juron, when to be drawn. — If a county judg« 
fail to designate the term at which a grand or petit jury 
is required te attend, the grand and petit jurors must he 
drawn and summoned for each term mentioned in the 
oitier mentioned in the last section. 



§ 47. Olerk. — Except in the city and county of New 
York, and the county of Ean^ the clerk of the county is 
the clerk of the court of sessions thereof. 

} 48. Writ or process. — Every writ or process issued 
out of a court of sessions may be tested on any day of 
the term in which the court is sitting, and be made 
i*etumable on any other day of the same term, or at the 
next term. 



} 49, Compensation of Justice. — A justice of sessions 
is entitled to receive three dollars for each day's attend- 
ance at a court of sessions or court of oyer ana terminer, 
and to five cents a mile for traveling expenses in comini^ 
to and returning from the court. 



17 N. Y. GENERAL SESSIONS. $§ 50-53. 

CHAPTER IIL 

THB COTJBT OP QENEBAL SBSSIOlfS IN THB CITY AKD COUNTY 

OF NBW YORK AND THB COURT OF 8B8SIONS IN THB COUNTY 

OF KINGS. 
8ec. 50. These coarts continued ; proceedings now pending. 

51. Jarisdiction. 

52. Division of court. 

53. Parts, by -whom held. 

6i. When held and itii duration. 

55. Accommodation for court and officers. 

§ 50. These courts continaed; proceedings now 
pending^ — The courts known as the court of general ses- 
sioDS in and for the city and county of New York, and 
the coui*t of sessions in and for the county of Kings ai'e 
continued, with the jurisdiction confeiTed by the next two 
sections and no other. But nothing contained in this 
section afiects their Jurisdiction of actions and proceed- 
ings now pending thei*ein. 

Bemoval of indictment. Thompson v Pco. , G Hun, 135; Dolan v. 
Peo.., ib . 493; s c, 64 N. Y., 4&i; Leisrhton v Pec, fc8 N. Y.. 117. 

$ 51. Jnzisdiction. — The court of general sessions of 
the city and county of New York and the court of sessions 
of fhe county of Kings have jurisdiction : 

1. To try, determine and punish according to law^ all 
crimes cognizable within their respective counties, in- 
cluding crimes, punishable with death or imprisonment 
in the state prison for life. 

2. To exercise, in cases arising in * their respective 
counties the same powers as are conferred by this code 
upon courts of sessions in other counties. 

3. To try and determine any indictment found in the 
court of oyer and terminer of the county, which has been 
sent by oi*der of that court to and .received by the court 
of sessions therein ; and, 

4. To exei-cise such powers as are now prescribed by 
special statute relating thei*eto, 

§ 52. Division of court. — The court of general sessions 
of the city and coimty of New York is divided into three 
parts. 

§ 53. Parts, by whom held. — Any one of the three 
parts of the court of general sessions of the city and 
county of New York may be held by the recorder of the 
<nty of New York, or the city Judge, or the judge of the 
ooort of general sessions. A judge of the court of com- ^ 

mon pleas for the city and county of New York may also 
hold it. The court of sesaons of the county of Kings 



_l 



K 54-55. N. Y. GENERAL SESSIONS. 18 

must be held by the comity judge of the county of Kings* 
with two justices of the sessions^ designated according to 
statute. 

§ 64. When held and duration. — Each part of the 
court of genei*al sessions in and for the city and county 
of New York, may be held each month, commencing on 
the first Monday and continuing so long as, in the opin- 
ion of the judge sitting and of the distiict attorney, the 
public interest requires, but one part only is requii^d to 
be held dunng the months of July and August, and two 
parts only during the rest of the year. 

§ 65. Accommodation for court and officers. Ap- 
pomtment of clerks, etc. — The courts have the Bame 
power to dii-ect suitable provisions to be made for their 
accommodation as is now possessed by the supreme court. 
The recoinier, city judge, and judge of the court of general 
sessions of the city and county of New York must appoint 
a clerk, and not more than four deputy clerks, two inter- 
pvetei-s, and two stenographers. The clerk and deputy 
clerks so appointed must act alFO as clerks and deputy 
clerks of the court of oyer and terminer in the city and 
county of New York. The county j udge of the county of 
Kings shall, by writing, filed with the county clerk, ap- 
point a clerk of the court of sessions of the county, who 
shall be removable by him at any time, for incompetency, 
negligence or official misconduct, in which case he may 
appoint another. The county derk of the county must 
deliver to the clerk of the sessions all books and records 
of the court of sessions in his custody. The clerk of the 
sessions may appoint a deputy clerk, and not moi'e than 
two assistants, and such clerk^ deputy and assistants 
shall receive salaries, respectively, equal to those now 
paid to the deputy clerk and assistant clerk serving in 
that coui't, payable monthly by the treasui*er of the 
county. Such court of sessions shall by an order entered 
in its minutes adopt a seal, which seal when so adopted 
shall be the seal of the court of sessions of the county 
of Kings. 

TITLE VI. 

Of the Courts of /Special Sessions and Police Courts, 

Chapter I. The special sessions except in the citied of Ne^r 
York and Albany. 
II. The special sessions in the city and oounty of New 

York, 
in. The special sessions of the city of Albany. 
IV. The police courts. 



19 SPECIAL SESSIONa § 56. 



CHAPTER I. 

THB SPECIAL SBSSIOITS EXCEPT IN THE CFTIBS OV 5SW TOBK 

AND ALBAHY. 

Sec. 56. Jurisdiction of courts. 
99. Exclusive jurisdiction. 
68. Limitation. 

59. Trial and punishment of certain crimes. 

60. Specif sessions iir Brooklyn. 

61. Id. ; in Oswego. 

62. By whom held. 

63. Becorder of a city to hold conrt. 

§ 56. Jurisdiction of courts. — Subject to the power of 
removal provided for in this chapter, courts of special 
sessions, except in the citjr and county of New York and 
the city of Albany, have in the first instance exclusive 
jurisdiction to hear and determine charg-es of misde- 
meanors committed within their respective counties as 
follows : 

1. Petit larceny, charged as a first offense. 

2. Assault in the third degree. 

3. Racing, running or testing the speed of any animal 
-within one mile of the place where any court is held. 

4. Wrongfully severing any produce or article from 
the freehold, not amounting to grand larceny. 

5. SelUng poisonous substances not labeled as required 
"by law. 

6. Wrongfully and maliciously removing, defacing op 
•cutting down monuments or mailed trees. 

7. "Wrongfully destroying or removing mile stones, 
mUe boards or guide boards, or altenng or defacing any 
inscription thereon. 

8. Wrongfully destroying any public or toll gate or 
turnpike gate. 

9. Intoxication of a person engaged in running any 
locomotive engine upon any railroad, or while acting as 
a conductor of a car, or train of cars, on any such rail- 
road. 

10. Setting up or drawing unauthorized lotteries, or 
printing and publishing an account of any such illegal lot- 
tery, game or device, or selling lottery tickets, or procur- 
ingf them to be sold, or offering for sale or distributing any 
property depending upon any lottery, or for selling any 
chances in any lottery contrary to the provisions of law. 



$ 56. JURISDICTION 20 

11. Unlawfully ranning, trotting or pacing horses or 
any other animals. 

12. Making or selling slung^shot or any similar weapon. 

13. Unlawfully disclosing the finding of an indictment* 

14. Unlawfully bringing to or carrying letters from. 
any state prison. 

15. Unlawfully destroying or injuring any miU-<lain or 
embankment necessaiy for the support of such dam. 

16. Unlawfully injuring any telegraph wire, "post^ pier, 
abutment, materials or property belonging to any line 
of telegraph. 

17. Unlawfully counterfeiting any repi'esentation, like- 
ness, similitude or copy of private stamp, wrapper or 
label of any mechanic or manufacturer. 

18. Malicious ti'espass on lands, trees, or timber, or in* 
juring any fruit or oi*namental or shade ti-ee. 

19. Maliciously breaking or lowering any canal -walls, 
or wantonly opening any lock-gate or destroying^ any 
bridge or otherwise unlawfully injuring such canal or 
bridge. 

20. Unlawfully counterfeiting or defaxsing marks on 
packages. 

21. Unlawfully setting fire to wood or fallow land, or 
allowing the same to extend to lands of others, or unlaw- 
fully refusing to extinguiph any fire. 

22. Unlawfully or negligently cutting out, altering^ or 
defacing any mark on any logs, timber, wood or plank, 
floating in any waters of tnis state or lying on the banks 
or shores of any such waters, or at any saw-mills or on 
any island where the same may have arifted. 

23. Unlawfully frequenting or attending a steamboat 
landing, railroad depot, church, banking institution, bi-o- 
ker's office, place of public amusement, auction room, 
store, auction sale at private residence, passenger car, 
hotel, restaui'ant, or at any other gathering of people. 

24. Unlawfully taking and carrying away the oysters 
of another, lawfully planted upon the bed of a river, bay, 
sound, or other waters within the jurisdiction of this state. 

25. Removing pi-operty out of the county, with intent 
to prevent the same from being levied upon by execntion, 
or secreting, assigning, conveying, or otherwise disposing^ 
of property, with intent to defraud any creditor, or to 
prevent the property being made liable for the payment 
of debts ; or for receiving property with STich intent. 

26. Driving a carriage upon any turnpike, road or 
highway for the purpose of running hoi*8e8. 



J 



21 JURISDICTION. ${ 57-58. 

27. Craelty to animals contrary to law. 

28. Cheating at games. 

29. Winning or losing at any game or play, or by any 
T)et» as much as twenty-five dollars witmn twenty-four 
liours. 

30. Selling liquors in a court-house or jail contrary to 
law. 

31. Crimes against the provisions of existing laws for 
the prevention of wanton or malicious mischiei. 

32. When a complaint is made to or a vxirrant is 
issued by a committing magistrate, for a violation of the 
laws relating to excise and the regulation of taverns, inna 
end hotels, or for unlattftiUy selling or giving to aaiy 
jTidian spirituous liquors or intoxicating drinks, 

33. Such other jurisdiction as is now provided by 
special statute or municipal ordinance authorized by 
statute. [Am*d ch. 379 of 1884J 

See Peo. v. McTammeny, 1 N. T, Cr., 440. 
§ 57. Exclusive Jurisdiction. — Upon filing with the 
magistrate, before whom is pending a charge for any of 
the cnmes specified in the last section, a certificate of 
the county judge of the county, or of any justice of the 
supreme coui*t that it is reasonable that such charge be 
prosecuted by indictment, and fixing the sum in which 
the defendant shall give bail to appear before the grand 
jury ; and upon the defendant giving bail, as specified in 
the certificate, all proceedings before the ^nagistrate 
shall be stayed ; and he shall, within five days thereafter, 
make a return to the district attorney of the county of 
all proceedings had before him upon the charge, to- 

f ether with such ceitificate and the undertaking given 
y the defendant thereon ; and the district attorney shall 
present such charge to the grand jury ; provided, however, 
that no such certificate shcUl be given except upon at least 
three days* Tiotice to the complainant or to the district at- 
torney of the county of the time and place for the ap' 

plication theref(yr, [A.m'd ch. 393 of 1884.] 

Seech. 890 of 1879. 
§ 68. Acyoumment; tiiaL — "When a person is brought 
l^efore a magistrate charged with the commission of any 
of the crimes mentioned in section fifty-six, and asks that 
his case be presented to the grand jury, the proceedings 
shall be adjourned for not less than five nor more than 
ten days ; and if on or before the adjourned day the cer- 
tificate mentioned in section fifty-seven is net filed with 
the magistrate before whom the charge is pending, and 



§§ 59-62. SPECIAL SESSIONS. 22 

bail given by the defendant as therein prescribed, the 
magistrate shall proceed with the trial, and when the 
defendant is broug-ht befoi-e the magistrate, it shall be 
the duty of the magistrate to inform him of his rigfhts 
under section fifty-seven and this section. 

§ 69. Trial and ptmishment of certain crimes. — A 
court of special sessions having jurisdiction in the place 
where any of the crimes specified in section fifty-six is 
committed has juris<liction to try and determine a com- 
plaint for such crime, and to impose the punishment, 
prescribed upon conviction ; unless the defendant obtains 
the certificate and gives the bail mentioned in secticni 
fifty-seven. 

§ 60. Special sessionB in Brooklyn.— A. court of spec- 
ial sessions in the city of Brooklyn has also juiisdiction to 
try any peraon ari-ested in the county of Kings, and 
brought befoi-e it charged with an aflfray or riot, coounit- 
ted within the county. 

§ 61. Id .; in Oswego. — ^The court of special sessions in 
the city of Oswego, whei*e held by the recorder, has also 
jurisdiction over all cases of offenses, crimes against pub- 
ic decency, selling unwholesome pi-o visions, cheats, 
breaches of the peace, disobeying the commands of offi- 
cers to render assistance in criminal cases, obstracting* 
ofiicera in the discharge of their duties, adulterating- dis- 
tilled spirits, not delivering marked property, defacing" 
marks or putting false marks on floating timber, all vio- 
lations against the laws and ordinances of or applicable 
to the city, when such violation is a misdemeanor, and 
all attempts to commit any crimes herein named or re- 
ferred to when such attempt is a misdemeanor. 

§ 62. By whom held. — Unless provision is othei*wise 
made by law, a coui-t of special sessions must be held, by- 
one justice of the peace of the town or city in which, the 
same is held, and sections two hundred and ninety-three, 
two hundred and ninety-four, two hundred and ninety- 
five, three hundred and ten, three hundred and thirty- 
two, three hundred and thirty-Uiree, three hundred and 
thirty-four, three hundred and thirty-five, three hundred 
and thirty-six, three hundred and thiriy-seven, three 
hundi-ed and thirty-eight, three hundred and thirty- 
nine, three hundred and forty, three hundred and foi*ty- 
one, three hundred and forty-two and three hundred 
and fifty-nine to four hundred and fifty, both inclusive, 
shall apply as far as may be to proceedings in all courts 
of special sessions or pohce courts. 






23 N. Y. SPECIAL SESSIONS. }} Ca-65. 

§ 63. Recorder may hold courL — A recorder of a city 
has power to hold a coui*t of special sessions tiierein. 

CHAPTER II. 

THB SFBCIAL SBSSIOITS UT THB CITT AND CX>inrTT OF KBW 

YORK. 
8sG. 64. Jurisdiction. 

65. Officers, how appointed. 

66. Term of office. 

67. Court, when held. 

§ 64. Jurisdictioii. — The court of special sessions in 
the city and county of New York has jurisdiction : 

1 To try and determine according* to law all com- 
plaints for misdemeanors, unless the defendant elects to 
be tried at the court of general sessions, or the court of 
special sessions sends the case to the court of generid ses- 
sions for trial ; 

2. To remit fines imposed by it, and in place of the 
fine remittted, substitute, in its discretion, imprisonment ; 

3. By an order entered in its minutes, to declai*e for- 
feited the recognizance of a defendant, taken by the 
court, to appear thereat, upon his failure so to appear ; 

4. To impose Ihe same punishment as is authorized by 
statute to be inflicted in like cases trie^ in the court of 
general sessions of the peace of that city and county ; 

5. By warrant attested- in the name of any one of the 
justices authorized to hold the court, signed by the 
clerk thereof, and entered in the minutes of the court, to 
enfor^ its judgments and orders ; to bring before the 
court all accused x>orsons for trial and judgment in all 
cases in which it has jurisdiction ; to issue subpoenas for 
the attendance of witnesses, att.achments for contempt, 
and other process necessary for the proper conduct of 
the court ; 

6. To require the principal in a recognizance to appear 
at the court, and enter into ^ further recognizance to 
keep the peace, or to "be of good behavior, or both, 
toward the people of the state, for a period not exceed- 
ing one year, and in default thereof to commit him to 
prison tiU he be discharged thei*efrom according to law. 

Peo. V. Bernardo, 1 N. Y. Cr., 245. 
{ 66. Officers, how appointed. — The police justices 
of the city and county of New York, by the vote of a 
majority, have the exclusive power to appoint the clerk, 
deputy clerk, stenographer, intei'preter and other offi- 
cers of the court of special sessions in the city and 
county of New York. 



55 66-e8 ALBANY SPECIAL SESSIONS 34 

5 66, Tenn of office. — The term of office of the derk 
and deputy clerk of the court of special sefisions in the 
city and county of New York is the same as the term of 
office of the police justices of that city. 

5 67. Oonrt, when held. — The court of special ses- 
sions in the city and county of New York, may be held 
as often and at such times as the justices thereof may 
think exx)edient. 

CHAPTER in. 

THB BPBCIAL SESSIONS QT THB OITT OF ALBANY. 

Sec. 68. Jurisdiction. 

69. Bail or commitment. 

70. Petit larceny; aBsanlts. 

71. By whom held; officers to attend. 

72. Clerk. 

73. Court, when and where held. 

5 68. Jurisdiction. — The court of special sessions in 
the city of Albany has junsdiction : 

1. To ti*y and determine all cases of petit larceny 
charged as a first offense, and all misdemeanoi's, not 
being" infamous crimes, committed within the city. 

2. To take i-ecognizances to appear before the court at 
a succeeding term from persons charged with a crime 
or misdemeanor, triable therein. 

3. To impose and enforce sentence of fine or imprison- 
ment, or both, in the discretion of the coui't, in all cases 
within its jurisdiction, upon conviction to the same extent 
as the court of sessions of the county of Albany could do 
in like cases. 

4. To punish a contempt of court in the same manner 
and to the same extent as the court of oyer and terminer 
of the county could do in like cases. 

5. In cases where a jui*y trial is demanded by a de- 
fendant, to draw from the jur^ box containing the names 
of juroi-s who reside in the city of Albany such numt>er 
of names as the recorder or county judge may direct, 
and to I'equire the sheriflf of the county to summon the 
persons so drawn to appear at the time designated for 
trial, to impanel a jury of twelve men, to i^equire the 
attendance of additional jui*ors and to punish a juroi* or 
witness neglecting to appear, in the same manner and to 
the same extent as the court of oyer and terminer of the 
county could do in like cases. 



25 ALBANY SPECIAL SESSIONS. $$ 69-71. 

6. On motion of the district attorney, to ifisne a war- 
pant for the arrest of a person who neglects to appear 
agreeably to the requirements of a recognizance to ap- 
I)ear thereat, commanding the officer executing the same 
to bring the party forthwith before the court, if in ses- 
sion, otherwise to commit him to the conmion jail of the 
county, there to remain imtU delivered by due course of 
law. 

See Chap. 284, Laws 1872, amended, id. 364, Laws, 1881. 

$ 69. Bail or commitment. — Upon charges for offenses 
triable by this court, the police magistrate or any other 
magistrate in the city hearing the same, shall, if offered, 
taJ^e recogfnizances in the cases provided by law return- 
able at the coui't of special sessions ; and all such I'ecog- 
nizances as shall have been so taken shall be returned to 
and filed with the district attorney of the county of 
Albany. If no such recognizance be offei*ed, the magis- 
trate or magistrates shall commit the defendant to the 
common jail of the county of Albany until he shall be 
thence delivei*ed in due coui*se of law, and the tiial of 
such person shall be had before the court of special ses- 
sions, except that where a police justice or other ma£^- 
trate in this city has jurisdiction, the defendant may elect 
to be tried before such police justice or other magis- 
trate. 

$ 70. Petit larceny i assaults on officer. — Whenever 
a x)erson is brought before a police justice or other mag- 
istrate of the city, charged with any of the following 
crimes, viz : 

Petit larceny charged as a first offense, offenses against 
the laws relating to excise and the i*egulation of taverns, 
inns and hotels, offenses being misdemeanors against the 
laws I'elating to gameing.'*' 

Assaults upon, and interference with, a public officer 
in the discharge of his duty, and it shall appear to the 
magistrate that. the crime has been committed and that 
there is sufficient cause to believe the defendant guilty 
thereof^ the ma^strate must order him to be held to 
answer the charge before the court of special sessions. 

} 71. By "vdiom held } officers to attend. — ^The court 
of special sessions in* the city of Albany must be held by 
the recoi"der of the city, with or without one or more of 
the justices of the peace to be associaited with him. In 
case of the absence or inability of the recorder to act, the 

•Sic 



{$72-76. POLICE COURTS. 26 

county judge of the county of Albany must act in his 
place. If the recoiiler and county j udge are both unable, 
by reason of absence or other cause, to hold the court, 
the clerk must adjoui*n the cou]*t to the next following* 
Tuesday, and continue such adjournments until the 
recoi*der or county judge attends. . Not more than two 
officers shall be designated or appointed by the sheriff or 
other authority to attend the court of special sessions of 
the city of Albany, unless the court shall, by an order 
entered in its minutes, require the attendance of a greater 
number. 

§ 72^ Olerk. — The county clerk of Albany county is 
clerk of the court of special sessions of the city of Albany, 
and must attend the same in pei-son or by deputy. 

$ 73. Court, when and where held. — The court of 
special sessions of the city of Albany must be held at 
the city hall in the city of Albany, on Tuesday of each 
week, and may be held and continued for such length of 
lime as it deems proper. 

CHAPTER IV. 

THB POLICB COUBTS. 

Sec. 74. Jarisdiotion. 

75. Election of justices. 

76. Justice to take and file oath of office, etc. 

77. Justice, how to hold office. 
76. Compensation of jusiice. 

§ 74. Jurisdiction. — Police justices have such jurisdic- 
tion, and such only, as is specially conferred upon them 
by statute. The courts held by police justices are called 
police courts, and coui'ta of special sessions are also 
called police courts, and are so designated in different 
parts of the Code. 

§ 75. ZSlection of justices.— Upon the application in 
writing of not less than twenty-live electors, inhabitants 
of any incoi'porated village in this state in which no 
provision now exists for the election of k police justice, 
the board of trustees of such village may determine, by 
i-esolution to be entered in their minutes of proceedings, 
that a police justice should be elected for such village ; 
and if they so detennine, the electoi-s of the village may 
at their next annual election, or at a special election to 
be called for the purpose, and to be conducted in the 
same manner as the annual election, choose a police 



87 POUCE JUSnCBS. H 76-78. 

jusfice who mizst be a resident elector of the village ; 
and thereafter a police justice must be elected in such 
village, at. the annual charter election next preceding the 
expii'ation of a regular term, or at the next annual elec- 
tion after a vacancy, on the same ticket with the other 
elective village officers. Any vacancy must be filled by 
appointment. by the boai*d of trustees of the village. 

9 76. Justice to take oath, etc. — A police Justice 
elected or appointed as prescribed in the last section 
musty before entering upon the duties of his office, and 
within fifteen days after i*eceiving notice fi*om the village 
clerk of his election or appointment, take before the 
clerk, the constitutional oath of office, and file the same 
with the clerk, together with a bond with such sureties 
and in such amount as shall be approved by the board 
of trustees of the village, conditioned for thefaithfid 
performance of his official duties. 

§ 77. Justice, how to hold office^— A i)olice justice 
elected or appointed as prescribed in section 75, holds 
his office as follows : 

1. If elected at the Hrst election held after the creation 
of the office, he must enter upon the duties of his office 
immediatelv after qualifying, as prescribed in the last 
section, and may hold his office until and including the 
tbirty-first day of December, in the third year succeed- 
ing ms election. 

2. If elected at any subsequent election, except as 
prescribed in the next subdivision, he must enter ux)on 
the duties of his office on the fii*st day of January suc- 
ceeding his election and may hold lus office for three 
years. 

3. If elected to fill a vacancy* he must enter ux>on the 
duties of his office immediately after qualifving, as pre- 
scribed in the last section and may hold his office for 
the unexpired tei*m. 

4. If appointed, he must enter upon the duties of his 
office immediately after qualifying as pi*escribed in the 
last section, and may hold his office imtal his successor is 
elected and qualifies. 

§ 78. Oompensation of justice. — A police justice can- 
not retain to his own use any costs or fees, but may 
receive for his services an annual salaty, to be fixed in 
villages by the board of trustees, and m cities by the 
common council, except where the same is otherwise 
fixed by law ; and such salary shall not be increased or 
decreased during his term of office. 



{$ 79-80. LAWFUL RESISTANCE. 28 



PART II. 

OF THB PRBVBNTIOK OF OBIMB. 

TrTLB I. Of lawful rbsistancb. 

U. Of THB INTBBVBirriON OF THB OFFICBBS OF JUS- 
TICB. 

TITLE I. 

Of LawfvX Mesistance, 

Chapter I. General provisions respecting lawftil resistance. 

\ n. Resistance by the party about to be injured. 

III. Besistance by otlier parties. 

CHAPTER I. 

GBNBRAL PROVISIONS BBSPBCTINQ LAWFUL BESISTANCB. 
Seo. 79. Lawful resistance ; by whom made. 

§ 79. Lawful resistance. — Lawful resistance to the 
commission of a crime may be made : 

1. By the party about to be injured ; 

2. By other parties. 

CHAPTER n. 

BBSISTANCB BY THB PARTY ABOUT TO BB Df JUBISD. 

Sec. 80. In what cases ; to what extent. 

§ 80. In what cases. — Resistance sufficient to prevent 
the crime may be made by the party about to be injured : 

1. To prevent a crime against his pei'son ; 

2. To prevent an illegal attempt by force to take or 
injure pi*opei*ty in his lawful possession. 

Sub. 1. A peraon attacked if justified in reasonably apprehend- 
ing gi'eat bodily harm and the danger imminent may kill his 
assailant. Shorter v. Feo., 2 N. Y , 193 : Patterson v. Peo., 46 
Bar., 625; see Peo. v. Lamb, 64 Bar., 342; Peo. v. Austin, 1 Park., 
154 ; Peo. V. Cole, 4 Park., 36 ; Plomer v. Peo., lb.. 658 ; Uhl v. 
Peo., 6 ib., 410. Party assailed must avoid attack if possible to 
Justify resistance. Peo. v Sullivan, 7 N. Y., 396 ; Peo. v. Cole, 
sup.; Peo. V. Harper, Edm. S. C, 180; Shorter v. Peo., sup. Re- 



29 PREVENTING CRIME. §§ 81-^83. 

siBtanoe to prevent consnmmation of a felony. See Bololfv. 
Peo., 45 N . Y., 21S ; Peo. v. Hand, 4 Alb. L. J., 91 Need not 
lliBt invoke protection against anticipated assault Evers v. 
Peo., 3 Hun, 716 ; 68 N. Y., 626. Sub. 2. Defense of possession 




▼er, 47 Barb.t 592. 

CHAPTER m. 

BBSISTAjrCB BY OTHBB PABTIB8. 
Sec. 81. In what cases. 

} 81. Jn what cases, — Any other x>er8on, in aid or 
defense of the pei'son about 1o be injured, may make 
resistance sufficient to prevent the injury. 



TITLE II. 

Of the Intervention of the Officers of Jtutice. 

Chapteb I. Intervention of public officers in general. 
n. Security to keep the peace, 
ni. Police In cities and villages, and their attendance 

at exposed places. 
IV. Prevention and suppression of riots. 

CHAPTER I. 

niTRBVBNTIOir OF PUBLIC OFFICBSS IN OBKBRAL. 

8ec. 82. In what cases. 

83. Persons acting in their aid, justified. 

{ 82. In what cases. — Crimes may be prevented by 
fhe intervention of the officers of justice, 

1. By i-equiringr security to keep the peace ; 

2. By forming a police in cities and villages, and by 
requiring their attendance in exposed places ; 

3. By suppressing riots. 

§ 83. Persons in aid, Justified. — When the officers of 
justice are authorized to act in the prevention of crime, 
other persons, who by their command act in their aid» 
are justified in so doing. 



ii 84-87. PEACE SECURITY. ao 

CHAPTER n. 

8BCURITT TO KBBP THB PBA.CB. 

8lSo. 84. Information of threatened crime. 

86. Examination of complainant and witnesses. 

86. Warrant of arrest. 

87. Proceedings, on complaint being controyerted. 

88. Person complained of, when to be discharged. 

89. Security to keep the peace, when require<t. 

90. EfTect of giving or reuising to give security. 

91. Person committed for not giving security, how dis* 

charged. 

92. Undertaking, to be transmitted to sessions. 

93. Security, when required, for assault, etc., in presence 

of a court or magistrate. 

94. Appearance of party bound, upon his undertaking. 

95. Person bound, may be discharged, if complainant 

does not a{)pear. 

96. Proceedings in sessions, on appearance of both parties. 

97. Undertaking, when broken. 

98. Undertaking, when and how to be prosecuted. 

99. Secur ty for the peace not required except accordin^^ 

to this cliapter. 

§ 84. Information of threatened crime. — An informa- 
tion may be laid before any magistrate that a pei*son' 
has threatened to commit a crime agfainst the person or 
property of another. 

§ 85. Examination. — When the information is laid 
before a magistrate, he must examine on oath the com- 
plainant and any witnesses he may produce, and must 
reduce their examinations to wiiting, and cause them to 
be subscribed by the parties making them. 

§ 86. Warrant. — If it appear from such examinations 
that there is just reason to fear the commission of the 
crime threatened, by the person complained of, the 
magistrate must issue a warrant, directed generally to 
the sheriflf of the county, or any constable, marshal or 
policeman of the city or town, reciting the substance of 
the information, and commanding the officer forthwith to 
arrest the person coniplained of, and bring him befoi^ 
the magistrate. 

§ 87. Trial. — "When the person complained of is 
"^rought l)efore the ma^strate, if the charge be contro- 



81 PEACE SECURITY. 

-verted, the magistrate must take testimony in relation 
thereto. The evidence must be reduced to writing, and 
subscribed by the witnesses. 

$ 88. Discharge. — If it appear that there is no just 
reason to fear the commission of the crime alleffed to 
bave been threatened, the person complained of must 
be discharged. 

{ 89. Security to keep the peace, when required. —■' 

If, however, there be. just reason to fear the commission 
of the crime, the peraon complained of may be requiied 
to enter into an undertaking, in such sum, not exceeding 
one thousand dollars, as the magistrate may direct, with 
one or more sufficient sureties, to abide the order of the 
next court of sessions of the county, and in the mean- 
time to keep the peace towai*ds the people of this state, 
and particularly towards the complainant. 

§ 90. Effect of giving or refusing sectirity. — If the 

undertaking required by the last section be given, the 
party complained of must be discharged. If it is not 
given, the magisti*ate must commit him to prison, speci- 
fying in the waiTant, the cause of commitment, the 
amount of security required, and the omission to give 
the same. 

• 

$ 91. Person committed, how discharged. — If the 

person complained of be cqmmitted for not giving secu- 
rity, he may be discharged by any two justices of the 
peace of the county, or police or special justices of the 
city, upon giving the security. 



} 92. Undertaking, to be transmitted to sessions. — 

An undertaking given as provided in section 89, must be 
transmitted by the magistrate to the next comt of- ses- 
sions of the county. 



§ 93. Security for assault, in presence of court, etc. — 
A person, who, in the presence of a court or magistrate. 




K 94-99. PEACE SECURITY. 33 

assaults or threatens to assault another, or to commit a 
Clime against his person or property, or who contenc^ 
with another in angr^ words, may be thereupon ordered 
.by the court or magisti*ate, to give secuiity as provided 
in section 89, or if he refuses to do so, may be committed 
as provided in section 90. 

§ 94. Appearance of party bound. — A person who Yiaa 
entei*ed into an undei*taking to keep the peace, must 
appear on the firet day of the next term of the court of 
sessions of the county. If he do not, the court may for- 
feit his undertaking, and order it to be pi'osecuted, 
unless his default be excused. 

§ 96. Discharge, if complainant does not appear. — 
If the complainant do not appear, the person complained 
of may be discharged, unless good cause to the contrary 
be shown. 

$ 9i5. Proceedings on appearance of both parties. — 

If both pai-ties appear, the court may heai* their pi'oofs 
and allegations, and may either discharge the undertak- 
ing, or i*equire a new one, for a time not exceeding one 
year. 

6 97. Undertaking, when broken. — An undertaking 
to Keep the peace is broken, on the failui-e of the person 
complained of to appear at the couii; of sessions, as pro- 
vided in section 94, or upon his being convicted of any 
crimes involving a breach of the peace. 

§ 98. Undertaking, when and how prosecuted. — Upon 
the district attorney producing evidence of such convic- 
tion to the com-t of sessions to which the undertaking is 
returned, that court must order the undertaking to be 
prosecuted; and the district attorney must thereupon 
commence an action upon it in the name of the people 
of this state. 

$ 99. Security not required except according to this 
chapter. — Security to keep the peace or be of good 
behavior, cannot be required, except as prescribe in 
this chapter. 



J 



83 POLICE. RIOTS. {§100-102. 

CHAPTBR m. 

PQUGB nr CIXIKS AJSTD VlLLJLGJSSf AND THISTR ATTBNDANCB AT 

EXF06HD PLACBS. 

Sec. 100. Organization and regulation of the police. 

101. Force to preserve the peace, at public meetings, when 
and how ordered. 

§ 100. Organization and. regulation of the police. — 

The orgtmization and regiilation of the police in the 
cities ami villages of this state are governed by special 
statutes. 

§ 101. Pablio meetings. — ^The mayor or other officer 
having the dii-ection of the police in a city or village, 
must order a force, sufficient to pi*eserve the peace, to 
attend any public meeting, when he is satisfied that a 
breach of the peace is to be appi*ehended. 



• , CHAPTER IV. 

PBBVBNTIOir AND BUPPBESSION OF RIOTS. 

Sec. 102. Powers of sheriff or other officer, in overcoming re- 
sistance to process. 

103. His duty to certify to court the names of resistors and 

their abettors. 

104. Duty of a person commanded to aid the officer. 

105. When governor to order out a military force, to aid in 

executing process. 

106. Magistrates and officers to command rioters to dis- 

pei*se. 

107. To arrest rioters, if they do not disperse. 

108. Consequences of refusal to aid the magistrates ox 

officers. 

109. Consequences of neglect or refusal of a magistrate or 

officer to act. 

110. Proceedings, if rioters do not disperse. 

111. Officers who may order out the military. 

112. Commanding officer and troops to obey the order. 
118. Armed force to obey orders. 

114. Conduct of the troops. 

115. Governor may, in certain oases, proclaim a county in 

a st^te of insurrection. 

116. May call out the militia. ^ 

117. May revoke the proclamation. 

§ 102. Overooming resistance to process. — When a 
slieriff or other public officer, authorized to execute pro- 

3 



a 1(»-106. RIOTBRS. 31 

oees, has reason to apprehend that resistaace is aboat to 
be made to the execution of the process, he may com- 
mand as many male inhabitants of his county as be 
thinks proper, and any military company or companies 
in the county, armed and equipped, to assist him in 
overcoming tne resistance, and if necessary, in seizing, 
arresting and confining the reEosters and their aiders 
and abettors, to be punished according to law. 



§103. Return of the names of redsteni and abettonb 

—The officer must cei*tify to the coui't from which the 
process issued, the names of the resistors and their 
aiders and abettors, to the end that they may be pro- 
ceeded against for contempt. 

$ 104. Duty of a person to aid the officer. — Every 
person commanded by a public officer to assist him in 
the execution of process, as provided in section 102, who, 
without lawful cause, refuses or neglects to obey the 
command, is guilty of a misdemeanor. 

1 106. When governor to order out a military force. 

— If it appeal* to the governor, that the power of the 
county is not sufficient to enable the shenff to execute 
process delivered to him, he must» on the application of 
the sheriff, order such a military force from any other 
county, or counties, as is necessaiy. 



§ 106. BAagistrates and officers to command rioters 
to disperse. — When persons to the number of five or 
more, armed with daiigerous weapons, or to the number 
of ten or more, whether armed or not, are unlawfully or 
riotously assembled in a city, village or town, the sheriff 
of the county and his under-sheriflf and deputies, the 
mayor and aldermen of the city, or the supervisor of the 
town, or pi'esident or chief executive officer of the 
village, and the justices of the peace or the police 
justices of the city, village or town, or such of them as 
can forthwith be collected, must go among the pei-sons 
assembled, and command them, in the name of the 
people of the state, immediately to dispei-se. 



35 RIOTS. MILITARY AID. $} 107-llL 

§ 107. Arrests, — If the persons assembled do not im- 
mediately dispei'se, the magistrates and officers must 
Arrest them, or cause them to be arrested, that they may 
be punished according to law ; and for that purpose, may 
•command the aid of all persons present or within the 
county. 

§ 108. Oonsequences of refosal to aid/ — If a person 
«o commanded to aid the magistrates or officers, neglect 
to do so, he is deemed one of the rioters, and is punish- 
able accordingly. 

§ 109. Neglect or refdsal of magistrate or officer to 

acL — If a magistrate or officer having notice of an un- 
lawful or riotous assembly, mentioned in section 106, 
neglects to proceed to the place of the assembly, or as 
near thereto as he can with safety, and to exercise the 
authority with which he is invested for suppressing the 
Bame and arresting the offenders, he is guilty of a mis- 
demeanor. 

§ 110. Proceedings, if rioters do not disperse. — If 

ihe persons assembled, and commanded to disperse, do 
not immediately disperse, any two of the magistrates or 
officers mentioned in section 106, may command the aid 
of a sufficient number of persons, and may proceed in 
snch manner as in their judgment is necessary, to dis* 
perse the assembly and an*est the offenders. 

$ 111. Officers who may order out the military. — 

"When thei*e is an unlawful or riotous assembly, with in- 
tent to commit a felony, or to" offer violence to person or 
property, or to resist by force the laws of the state, and 
the fact is made to appear to the governor, or to a judge 
of the supreme coui't, or to a county judge, or to the 
sheriff of the county, or to the mayor, recorder or city 
judge of a city, either of those officera may issue an 
order directed to the commanding officer of a division, 
brigade, regiment, battalioa or company, to order his 
command, or any part of it (describing the kind and 
number of troops), to appear at a specified time and 
place to aid the civil authorities in suppressing violence 
and enforcing the law. 



K 112-116. RIOTS. MILITART AID. 96 

• 

§ 112. GommandlBg officer and troops to obey the 
order. — Tbe commanding officer, to whom the oraer is 
given, must forthwith ol^y it ; and the troops required 
must appear at the time and place appointed, armed 
and equipped with amimiUon as for mspectioiiy aad 
render such aid. 



$ 113. Aimed force to obey orders. — Ifhen an armed 
force is called out for the purpose of suppressing an un- 
lawful or riotous assembly, it must obey the orders in 
relation thereto, of either of the officers mentioned in 
section 111. 



§ 114. Conduct of the troops. — Every endeavor most 
be used, both by the magisti'tLtes and civil officers, and 
by the officer commanding the troops, which can be 
made consistently with the preservation of life, to induce 
or force the rioters to disperse, before an attack is made 
upon them by which their Uves may be endangered. 

§ 116. Governor may proclaim a state of purree- 
tion. — When the governor is satistied that the execution 
of civil or criminid process has been fombly resisted in 
any county, by bodies of men, or that combinations to 
resist the execution of process by force exist in any 
county, and that the power of the county has been ex- 
erted, and has not been sufficient to enable the officer 
having* the process to execute it,- he may, on the applica- 
tion of the officer, or of the disti-ict attorney or county 
judge of the county, by proclamation to be published in 
the state paper, and in such papera in the county as he 
ma^ direct, declare the coimty to be in a state of insur- 
rection. 

$ 116. After proclamation. — After the prodamation 
mentioned in the last section, the governor may order 
into the sei*vice of the starte such number and descrip- 
tion of volunteer or uniform companies, or other militia 
of the state, as he deems necessaiy, to sei*ve for such 
term, and under the command of such officer or officeis 
as he may direct. 



87 PROCLAMATION. } 117. 

§ 117. llSay revoke the proclamation. — The gov- 
ernor, when he thinks proper, may revoke the prodama- 
tion aathorized by section 115, or declare that it shall 
cease, at the time and in the maimer directed by him. 



5J 118-119. ARTICLES OF IMPEACHMENT. 38 



PART in. 

OF JUDICIAL FBOCKKDUiaS FOR THB BEKOYAL OF PDBUC 
OFFIGBBS, BT IMPBACHiaiHT, OB OTHBBWISB. 

Tnui I. Of DfpXACHmam. 

n. Of THB BBBCOYAL OF JUOTIGBS OF THB PBACS, 

FOIJC8 nsncBS, aitd jdstigbs of jusxegb^ 

OOmtn ABD THBIB CLBBKB. 



TITLE I. 

Of Impeachf»enta, 

Sbo. 118. Impeachment to be deUyered to president of the senate. 

119. Copy of impeachment senred on defendant. 

120. Service, how made. 

121. Proceedings, if defendant do not appear. 

122. Defendant may object to sofficienoy of, or deny im- 

peachment. 

123. Form of objection or denial. 

124. Proceedings thereon. 

125. Two-thirds necessary to conviction. 

126. Judgment on conviction, how pronounced. 

127. Adoption of resolution. 

128. Nature of the judgment. 

120. Officer, when impeached, disqualified to aot until ao- 
quitted. , , 

ISO. Presiding officer, when president of the senate is im- 
peached. 

131. Impeachment, not a bar to indictment. 

$ 118. Artioles of impeachment. —When an officer of 
the state la impeached by the assembly, the articles of 
impeachment must be deUvered to the president of the 

senate. 



$ 119. Oopy to be senred on defendant.— The preffl- 
dent of the senate must thereupon cause a copy of the 
articles of impeachment, with a notice to appear and 
answer the same, at the time and place appointed for the 
meeHngf of the court, to be served on the defendant, not 
less than twenty days before the day fixed for the meet- 
ing of the court. 



J 



89 PROCEEDINGS. }§ 120-124. 

J 120. Service.— The service muat be upon the defend- 
ant personally, or if he cannot, upon diligent inquiry, be 
found in the state, the court, upon proof of that fact, may 
order publication to be made in such manner as it deems 
proper, of a notice requiring him to appear at a specified 
time and place, and answer the articles of impeachment. 

$ 121. Fkoceedings on defiralt^If the defendant do 
not appear, the couit, upon pi-oof of service or publica- 
tion as prodded in the last two sections, may of its own 
motion, or for cause shown, assign anotiier day or place 
for hearing the impeachment ; or may then, or at any 

^yit^ ^® ^^^^ ^* °^*y appoint, proceed in the absence 
of the defendant, to trial and judgment. 

$ 122. Defendant's answer. — When the defendant 
appears, he must answer the articles of impeachment ; 
which he may do, either by objecting to their sufficiency, 
or that of any article therein, or by denying the truth of 
the same. 

^ $ 123. Fomu— If the defendant object to the suffi- 
ciency of the impeachment, the objection must be in writ- 
ing, but need not be in any specific form; it beine* sufficient, 
if it present intelligibly the grounds of the objection. H 
he deny the truth of the impeachment, the denial may 
be oral, and without oath, and must be entered upon the 
minutes. 



$124. Frooaedings theireon.— If an objection to the 
sufficiency of the impeachment be not sustained by a ma- 
jority of the members of the court who heard the argu- 
ment, the defendant must foithwith answer the articles 
of impeachment. If he plead guilty, or refuse to plead, 
tbe court must render judgment of conviction against him. 
If he deny the matters chai*ged the court must, at such 
time as it may appoint, i)roceed to try the impeachment, 
and may adjourn the trial from*time to time until con- 
clnded. 



$$ 125-131. JUDGMENT. 4D 

) 126. Two-tbircUi neceoMry to oonvlotioik — The de- 
fendant cannot be convicted on an impeachment, without 
the concun*ence of two-thirds of the membeMS present 
during^ the trial ; and if such two-thirds do not concur in 
a conviction, the defendant must be declared acquitted. 

Art. 6, n, N. T Const 

§ 126. JudgnuNit how pronfflmood. — After convictio9t 
the court must immediately, or at such other time as it 
may appoint, pronounce judgment, in the form of a reso- 
lution, entered ux>on the minutes of the court* The vote 
upon the pajssage thereof must be taken \ff yea^ and 
xuiys, and must also be entered upon the s^at^. 

§ 127. Reaolcitioii^— On the adoption of the resolntion^ 
by a majority of the members present, who voted on the 
question of acquittal or conviction, it becomes thf judge- 
ment of the court. 

. • 

§ 128. JudfBMnt. — Upon eonvictioo« ^thia jn^gm^t 
must be either 

1. That the defendant be removed from office ; or 

2. That he be removed from office and disqualiiled to 
hold and enjoy a particular office or class of offices^ or 
any office of profit, trust or honor whatever under this 
state. 

( 129. Lnpeaohment disqiisllfiMk — No officer riiall ex- 
ercise his office, after articles of impeachment acainst him 
shall have been delivered to the senate, until he la ac- 
quitted. 

Art. 6, i 1, K. Y. Ck>n8t. 



{ 130. Presiding officeV| when pveaidaiift of tile 
ate ta impeached. — If the president of the senate be Im- 
peai[:hed, notice of the impeachment must be immediate^ 
ffiven to the senate by the assembly, that another prsot- 
dent may be chosen. 

J 131. ZmpeachmflBt no bar to IndlotBient.-— Iff the 

oflfense for which the defendant is impeached be a erime^ 
the prosecution thereof is not barred by the Smpeaehment. 

Art. 6, i 1, K. T. Gooat. 



^ INFERIOR OFFICERS. { 182. 



TITLE II. 

Of tke Remcval qf Justices of the Peace, Police Justices^ 
cmd Justices of Justice^ Omrts, avd their Clerks. 

( 132. Removttb. — Justices 6f the peace, police jua- 
'dceSy justices of justices' courts, and tlieir derks, are 
remorable by the supreme court at a general term. 

Art. 6, i 18, K. T. Const 



f 188. LOCAL JURISDICTION 42 



PART IV. 

or THB PBOCBRDIKGS IN CRIMINAL ACTIONS FRO6R0UTBD BT 

INDICTMBNT. 

TiTLB I. Of THB LOCAL JURISDICTION OF PUBLIC OFFBN- 

8BS. 
II. Of THB TIMB OF COMMBNCINO CRIMINAL AC- 
TIONS. 
m. Of THB INFORMATION, AND FROCBBDINOS 

THBRBON TO THB COMMITMBNT INCLUSIVE. 
IV. Of THB FROCBBDINGS AFTBR COMMTTMSNT, AND 
BBFORB INDICTMBNT. 
v. Of THB INDICTMBNT. 
YI. Of THB FROCBBDINGS ON THB INDICniBNT 
^^ BBFORB TRIAL. 
Vn. Of THB TRIAL. 
Yin. Of THB FROCBBDINOS AFTBR TRIAL, AND 
BBFORB JUDOMBNT. 
IX. Of THB JUDOMBNT AND BXBCUTION. 
X. GbNBRAL PROVISIONS RBLATINO TO FDNIBH- 
MBNTOF CRIMB.. 
XI. Of AFPBAL8. 

XII. Of miscbllanbous progbbdinos. 
TITLE I. 

Of the Local Jurisdiction of PMie Offenses, 

8bc. 183. When a person leaves this state to elnde Its laws. 

134. When a crime is committed purtly in one cx>iinty and 

partly in another. 
186. Wnen a crime is committed on the boundary of two 

or more counties, or within five hondred yards 

thereof. 
186. Jurisdiction of crime on board of vessel. 
137. Of crime committed in the state on board of any rail- 

way train, etc. 

188. Indictment for libel. 

189. Conviction or acquittal In another state, a bar, where 

the Jurisdiction is concurrent. 
140. Conviction or acquittal in another county, a bar. where 
the Jurisdiction is concurrent. 

§ 133. When a person leaves this state to elude its 
laws.— A person who leaves this state, with intent to 



43 LOCAL JUmSDICTION. $} 184-187* 

elude any law thereof against duelling' or prize-fighting, 
OP challenges thereto, or to do any act forbidden by such 
a law, or, who being a resident of this state, does an act 
out of it, which would be punishable as a violation of 
such a la w> may be indicted and tried in any county of 
this state. 



§ 134. Orime oommitted in different countieir— When 
a crime is committed, pai'tly in one county and partly in 
another, or the acts or effects thereof^ constituting- or 
requisite to the consummation of the offense, occur in 
two OP moi« counties, Ihe jurisdiction is in either county. 

See Peo.f7 Miwpn,9 Wend, 605. False pi-etensea. Peer. 
Sully, 1 Shew., 17. Biiramv. Kinff r. Peo., fl^Hnn, 297. Bur- 
glary. Mackr Peo.82 N.V 235. Receiving stolen goods. Peo. 
V. I>owling, 84 N. Y., 478. Contempt. Peo. v. Sherwin, 17 W. 

$ 135. Orime oommitted on oonn^, eto., boondary. — 

When a crime is committed on the boundary of two or 
more counties, or within five himdred yards thereof, the 
jurisdiction is in either county. 

( 136. Orime on board a veweL— "When a crime is 
committed in this state on board of a vessel navigating^ 
a river, hike, or canal, or lying therdn in the course of 
lier voyage, or in respect to any portion of the cargo or 
lading of such boat or vessel, the jurisdiction is in any 
county through which, or any part of which, such rivep 
OP canal passes, or in which such lake is situated, or on 
which it borders, or in the county where such voyage 
terminates, or would terminate if completed. 

See Peo. v. Hulse, 8 Hill, 809 ; Peo. v, Harine Ct, 6 Hon, 214. 

§ 137. Orime oominitted on railway train. eto«— When 

a crime is committed in this state, in or on Doard of any 
railway engine, train or car, making a passage or trip 
on or over any railway in this state, or in respect to any 
portion of the lading or freightage of any such railway 
train or en^ne car, the. jurisdiction is in any county 
through which, or any part of which, the railway train 
or car passes, or has. passed in the course of the same 
passage or trip» or in anv county where such passage or 
trip terminatcfl^ or would terminate if completed. 

See Dowling v. Peo., 28 Alb. !« J., 868. 



n 



^188-140. LIBEL. FOREIGN JXn)GMENT. 44 

{ 138. XiibeL — ^When a crime of libel is committed by 
publication in any paper in this state, against a person 
residing in the state, the jurisdiction is in either the 
county where the paper is published, or in the county 
where the party libeled resides. But the defendant may 
have the place of tiial changed to the county where the 
libel is printed, on executing a bond to the complainant 
in the penal sum of not less than 9^50, nor more than 
91,000, conditioned, in case the defendant is convictAcU 
for the payment of the complainant's reasonable and 
necessary traveling expenses in going to and from his 
place of residence and the place of trial, and his necessary 
expenses in attendance thereon, which bond must be 
«gned by two fihifficient sureties, to be approved by the 
judge of a court of record exercising crimmal jurisdiction. 

Whenever the crime of libel is committed against a 
person not a resident of this state, the defendant must be 
mdicted and the trial thereof had in the county where 
the Ubel is printed and published. But if the paper does 
not, upon ite face, purport to be printed or published in 
a particidar county of this state, the defendant mav be 
indicted and the trial thereof had in any county where 
the paper is circulated. In no case however can the 
defendant be indicted f<nr the printing or publication of 
one libel in more than one county of this state. 



( 139. FoKetgn eouvietkoi or aoqoittal a bar.— ¥rhea 

an act charged as a crime is within the jurisdiction of 
another state, territoiy or countr^Tr as well as within the 
jurisdiction of this state, a conviction or acquittal thereof 
m the former, is a bar to a pi'oseeution or indictment 
therefor in this state. 

A crime may be committed, amenable to the jorisdictlon of the 
state, without the defSmdant's preaence therein. Feo. v» Adams. 
SDea.,190;lN.Y.,17a. 

{ 140. Conviction or acquittal In another comity, a 
bar. — When a crime is within the jurisdiction of two or 
more counties of this state, a conviction or acquittal 
thereof in one county is a bar to a prosecution or indict- 
ment thereof in anomer. 



15 LIMITATIONS. » 141-144* 

TITLE 11. 

or the Hime of Commencing Criminal Actiona. 

Sec. 141. Prosecntioii for marder may be commenced at any 
time. 

142. Limitation of five years. 

143. Defendant out of state. 

144. Indictment deemed found, when presented in court 

and fiied. 

} 141. Proseoution for murder^— There is no limitation 
of time within which a prosecution for murder must bo 
commenced. It may be commenced at any time after 
the death of the person killed. 

AppUeable to an accessory before the flMt. Peo. «. Mather, 4 
Wend., 229. Cronviction for assault, etc., no bar to indictment 
tOr murder. Boms v. Peo., 1 Park., 182. 



§ 142. Ziimitatioii. — An indictment for a crime, other 

than murder, must be found within five years after ita 

commission, except whei*e a less time is prescribed by 

statute. 

"So lapse of time legalizes a public nuisance. Peo. v, Cun- 
ningham, 1 Den., 524. Construction of statute. Peo. v. Lord, 12 
Hun, 282. 

§ 143. Defendant out of state. —If, when the crime is 
committed,' the defendant be out of the state, the indict- 
ment may be found within the term herein liinited after 
his cominff within the state ; and no time, during which 
the defendant is not an inhabitant of, or usually resident 
within, the state, is part of the limitation. 

j 144. When indictment deemed fonnd. — An indict- 
ment is found, within the meaninff of the last three sec- 
tions, when it is duly presented bv the grand jury in 
open ooort, and there received and filed. 



^146-147. INFORMATION. MAGISTRATES. 46 



TITLE III. 

Of the Ii^ormatioji, and Proceedings thereon to the Com- 

mitmenb inclusive. 

Chaptbb L The information. 

n. Tho warrant ui' arrest. 
IXL Arrest by an officer, under a warrant. 
IV. Arrest by an officer, without a warrant 
v. Arrest by a private person. 
TI. Retaking, after an escape or rescue. 
VIL Examination of the case, and dischaxge of the 
defendant or holding liim to answer. 



CHAPTER I. 

THB INFOBMATIOir. 

Sbo. 145. Information defined. 

146. Magistrate, defined. 

147. Who are magistrates. 

§ 145. Infozmation defined. — The information id the 
allegation made to a magistrate, that a person has been 
guilty of some designated crime. 

§ 146. Magistrate, defined. — A magistrate is an offi- 
cer, having power to issue a warrant for the arrest of a 
person charged with a crime. 

$ 147. Who are magistrates. — The following persona 
are magistrates : 

1. The judges *of the supreme court; 

2. The judges of any city court ; 

3. The county judges, and special county judges ; 

4.. The city judge of the city of New York, and the 
judge of the court of general sessions in the city and 
county of New York ; 

5. The justices of the peace ; 

6. The police and other special justices, appointed or 
•elected in a city, village or town ; 

7. The mayors and recorders of cities. 

• So in the original. 



47 WARRAlirr. }§ 148-150. 

CHAPTER n. 

THB W ABBAirr OF ABRE8T. 

8E0. 148. Examination of the prosecntor and his witneaseB, upon 
the inlonuation. 

149. Depositions, what to contain. 

150. In what case warrant of arrest may be Issued. 

151. Form of the warrant. 

152. Name or description of the defendant, in the warrant 

and statement of the offense. 

153. Warrant to be directed to and executed by a peace 

officer. 

154. Who are peace officers. 

155. Warrant issued by certain judges. 

156. Id.: by other magistrates. 

157. Indorsement on the warrant, for service in another 

county, how and upon what proof to be made. 

158. Defendant, arrested for Mony. 

159. Defendant, arrested for a misdemeanor. 

160. Proceedings on taking bail from the defendant, in such 

case. 

161. Proceedings, where he is admitted to bail in such 

case, but bai^ is not given. 

162. Prisoner carried from coanty to county. 

163. Power and privilege of officer. 

164. When magistrate issuing the warrant is unable to act. 

165. Defendant in all cases to be talcen before a magistrate, 

without delay. 
166b Defendant before another magistrate than the one 
who issued the warrant. 

$ 148. Examination of the prosecntor, etc. — When 
an information is laid before a magistrate, of the com- 
mission of a crime, he must examine on oath the inform- 
ant or pi-osecutor, and any witnesses he may produce, 
and take their depositions in writing, and cause them to 
be subscribed by the parties makinpf them 

Adams v. Peo., 63 N. Y., 621. 

{ 149. Depositions, what to contain. — The deposi- 
tions must set forth the facts stated by the prosecutor 
and his witnesses, tending to establish the commission 
of the crime and the guilt of the defendant. 

What must be set forth. Peo. ex rci. Kingsley v. Pratt, 22 
Sun, 300. 



$ 160. When warrant of arrest may be issued. — If 
the magistrate be satisfied therefrom, that the crime 
complained of has been committed, and that there is 



§i lCl-154. FORM OF WARRANT. 48 

reasonable ground to believe that the defendant has 
committed it^ he must issue a warrant of an*est. 

What sufficient. Blodgett v. Race, 18 Hun, 132. Ex parte 
Bothaker, 11 Abb. N. C.» 122 ; Peo. v. Mead, 28 Hon, 227 ; s. c, 
«2N. Y.,415. 

6 161. Form of warrant* — ^A warrant of arrest is an 
order in writing in the name of the people, signed by a 
magistrate, conuuanding the arrest of the defendant^ 
and may be substantially in the following form : 

" County of Albany, [or as the case may be.J 

In the name of the people of the state of New York. 
To any peace officer in this state [or in the county of 
Albany, or as the case may be, as provided in sections 
155 and 156.] 

'^Information upon oath having been this day laid 
before me, that the crime of [designating it] has been 
committed, and accusing C. D. thereof. 

"You are thei*efoi'« commanded, foi-thwith to arrest 
the above named C. D., and bring him before me, at«» 
[naming the place,] or in case of my absence or inability 
to act, before the nearest or most accessible magistrate 
in this county. 

" Dated at the Citii of Albany, [or as the case may be,} 
this day of , 18 . 

E. F., JtLstiee of the peace, 
[or as the case may be].*^ 

• 

§ 162. Desoription of defendant and the aJBGeose. — The 

warrant must specifjr the name of the defendant, or if it 
be uiJtnown to the magisti^ate, the defendant may be 
design^ated thei*ein by any name. It must also state an 
offense in I'espect to which the magistrate has authority 
to issue the waiTant, and the time of issuing it, and the 
city, town or village where it is issued, and be signed by 
the magistrate with his name of office. 

$ 153. Warrant, how directed and executed. — The 

warrant must be directed to, and executed by, a peace 
officer. 

Warrant not directed to proper officers is void. Bnssell v. 
Habbard, 6 Barb., 654. 

} 164. Who are peace oflScers. — A peace officer is a 
sheriff of a county, or his under-sheriff or deputy, or a 
onstable, marshal, police constable or policeman of a 
Lty, town or village. 



49 ARREST ON WARRANT. $$ 155-159. 

§ 156. Warrant issued by certain Judges. — If the 
warrant be issued by a judge of the supreme court, or 
of thesui)erior court, or court of common pleas, I'ecorder, 
city judge or judge of a court of general sessions in the 
city and county of New York, or by a county judge, or 
by a judge of the city court, it may be directed generally 
to any peace officer in the state, and may be executed 
by any of those officera to whom it may be delivered 



§ 156. Id.{ by other magistrates. — If it be issued by 
any other magistrate, it maybe directed generally to 
any peace officer in the county in which it is issued, and 
may be executed in that county ; or if the defendant be 
in another county, it may be executed therein, upon the 
written direction of a magistrate of such other county 
indorsed upon the warrant, signed by him, with his name 
of office, and dated at the city, town or village where it 
is made, to the following enect : This warrant may be 
executed in the county of Mimroey [or as the case may 
be.] 

§ 157. Indorsement in another comity, how and 
when made. — The indorsement mentioned in the last 
section cannot, however, .be made, imless upon the oath 
of a credible witness, in writing, indorsed on or annexed 
to the warrant, proving the handwriting of the magis- 
trate b^ whom it was issued. Upon this proof, the mag- 
istrate indorsing the warrant is exempted from liability 
to a dvil or criminal action, though it afterward appear 
that the warrant was Ulegally or improperly issued. 

i 158. Arrest for felony. — If the crime charged in 
the warrant be a felony the officer making the arrest 
must take the defendant before the magistrate who 
issued the warranty or some other magistrate in the same 
county, as provided in section 164. 

§ 159. Arrest for misdemeanor. — If the crime charged 
In the warrant be a misdemeanor, and the defendant be 
furested in another county, the officer must, upon being 
required by the defendant, take him before a mag^trate 

4 



jj 160-164. BAIL. CONVEYING PRISONER. 60 

in that comity^ who miiBt admit the defendant to bail, 
ibr his appearance before the magistrate named in the 
warrant, and take bail from him accordingly. 

§ 160. Proceedings on taking baiL — On taking bail, 
the magisti'ate must certify that fact on the warrant, and 
deliver the warrant and undertaking of bail to the officer 
having charge of the defendant. The officer must then 
discharge the defendant from arrest, and, without delay, 
deliver the warrant and undertaking to the magistrate 
before whom the defendant is required to appear. 

§ 161. Proceedings where bail is not given. — If, on 

the admission of the defendant to bail, as provided in 
section 159, bail be not foHhwith given, the officer must 
take the defendant before the magistrate who issued the 
warrant, or some other magistrate in the same county, 
as provided in section 164. 

§ 162. Prisoner carried from county to county. — An 
officer who has arrested a defendant on a criminal charge, 
in any county, may carry such prisoner through such 
parts of any county or counties, as shall be in the ordi- 
nary route of travel from the place where the piTsoner 
shall have been arrested, to the place where he is to be 
conveyed and delivered under the process, by which the 
arrest shall have been made ; and such conveyance shall 
not be deemed an escape. 

$ 163. Power and privilege of officer. —While pass- 
ing thi*ough such other county or counties the officers 
having the prisoner in their charge shall not be liable to 
arrest on civil process ; and they shall have the like 
power to require any citizen to aid in securing such 
prisoner, and to retake him if he escapes, as if they were 
m their own county ; and a refusal or neglect to render 
such aid shall be an offense, in the same manner, as if 
they were officers of the county where such aid shall be 
required. 

( 164. When magistrate issuing the "warrant is xaut- 
bletoact. — When, by the preceding sections of this 
chapter, the defendant is required to be taken before 
the magistrate who issued the warrant, he may, if that 
magistrate be absent or unable to act, be taken before 
the nearest or most accessible magistrate in the same 
county. The officer must, at the same time, deliver to 



51 BEFORE MAGISTRATE. ARREST. {§ 165-168. 

the magristrate the warrant with his retnm indorsed and 
Aubscnbed by him. 

§ 165. Defendant in all cases to be taken before a 
magistrate without delayi. — The defendant must in all 
cases be taken before the magistrate without unneces- 
saiy delay, and he may give bail at any hour of the day 
or nig-ht. In each of the cities of New York or Brooklyn 
a police justice to be designated from time to time by the 
mayors of those cities, respectively, must be in attend- 
ance at the police head-quarters of the city from four 
o'clock in the afteraoon of each day to ten o'clock the 
next morning to take bail in proper cases, if bail be 
offered. 

Cannot commit defendant for Aitare hearing nntil he is 
brought belore cwirt. Pratt o. Hill, 16 Barb., 903. 

§ 166. Magistrate other than the one n^ho issued 
'Warrant. — If the defendant be taken before a magis- 
trate other than the one who issued the warrant, the 
depositions on which the warrant was granted must be 
sent to that magistrate, or if they cannot be procured, 
the prosecutor and his witnesses most be summoned to 
give theii* testimony anew. 

CHAPTER in. 

ABBBST BT AN OFFICBB, UNDEB A WABBAIH?. 

iSifiO. 167. Arrest, defined. 

168. By whom an arrest may be made. 

169. Every person bound to aid an officer in an arrest. 

170. Wh n the arrest may be made. 

171. How an arrebt is made. 

172. Ko fhrther restraint allowed, than is necessary. 

178. Officer most state his authority, and show warrant, 
if required. 

174. If defendant flee or resist, officer may use all neces- 
sary means to effect arrest. 

175, 176. \Vlien officer may break open a door or window. 

} 167. Arrest defined. — Arrest is the taking of a person 
into custody that he may be held to answer for a crime. 

Illegal arrest. Peo. v. Bowe, 1 Bheld., 581. 



axrest. — An arrest may be, 

lAAi*. nndf^r a xirarrant : 



§ 168. Who may axrest. — An arrest maj 

1. By a peace officer, nnder a warrant ; 

2. By a peace officer, without a warrant; 
8. By a pilyate person. 



8. By a pilyate person 



or 



$$ 169-176. MODE OP ARREST. 63 

} 169. ZSvery person boimd to aid. — Every person 
must aid an oMcer in the execution of a warrant, if tiie 
officer requii-e his aid and be present and acting in its 
execution. « 

$ 170. When arrest may be made. — If the crime 
charged be a felony, the aiTest may be made on any 
day, and at any time of the day or during any night 
If it be a misdemeanor, the aiTest cannot be made on 
Sunday, or at night, unless by direction of the magis- 
^te indorsed upon the warrant. 

§ 171. How arrest made. — An arrest is made by an 
actual restraint of the person of the defj^ndant, or by his 
submission to the custody of the officer. 

} 172. No farther restraint than necessary. — The 

defendant is not to be subjected to any more restraint 
than is necessary for his arrest and detention. 

§ 173. Officer to state authority, and show warrant.— 
The defendant must be informed by the officer that he 
acts under the authority of the warrant, and he must 
also show the waiTant, it i*equired. 

$ 174. If defendant resist, officer may use necessary 
means to arrest — If, after notice of intention to arrest 
the defendant, he either flee or forcibly resist, the officer 
may use ail necessary means to effect the arrest. 

Conraddyv P6o.,5Park., 234. 

$ 176. When officer may break open a door or win* 
dow. — The officer may break open an outer or inner 
door or window of any Duildinfp, to execute the warrant, 
if, after notice of his authority and purpose, he be 
refused admittance. 

§ 176. Id. — An officer may break open an outer or 
inner door or window of any building, for the purpose 
of liberating a person, who, having entered for the pur- 
pose of making an arrest, is detained therein, or when 
neces8ai*y for lus own liberation. 



Sa ARREST WITHOUT WARRANT. }} 177-180. 



CHAPTER IV. 

ABBBST BY AK OFFICBB, WTTHOITr A WABBABT. 

firo. 177. In what cases allowed. 

178. May break open a door or window, if admittance 

refused. 

179. May arrest at night, on reasonable suspicion of felony. 

180. Mast state hid authority, and cause of arrest, except 

where party is committin£^ felony or is pursued after 
escape. 

181. May take before a magistrate, a person arrested by a 

by-stander for breach of the peace. 

182. Ma^trate may commit by verbal or written order, lior 

offenses committed in his presence. 

{ 177. When arrest allowed. — A peace officer may» 
without a warrant, arrest a person, 

1. For a crime, committed or attempted in his pres- 
ence; 

2. When the person arrested has committed a felony, 
altho ugh not in his presence ; 

3. When a felony has in fact been committed, and he 
has reasonable cause for believing the person to be ar- 
rested to have committed it. 

See Feo. ex rel. Kingsley v. Pratt, 22 Han. 300; Bums v. 
Erben, 40 N. Y., 463 ; Schneider v. McLane, 3 Keyes, 668 ; Hartt 
V. McDonald, 1 C. C. R., 181 ; Meyer v. Clark, 9 J. & Sp., 107 ; 
Stemack v. Brooks, 7 Daly, 142 ; Peo. v, Pratt, 22 Hun, 300 ; Mc- 
Intyre v. Badmns, 14 J. & Sp., 123. 

{ X78. BCay break in, if admittanoe refiiMd. — To 
make an arrest, as provided in the last section, the offi- 
cer ma^ break open an outer or hmer door or window 
of a bmlding, i£, after notice of his office and purpose, 
he be refused admittance. 



{ 179. When may arrest at night. — He may also, at 
nJ^ht, without a warrant, arrest any person whom he 
has reasonable cause for believing to have committed a 
felony, and is justified in making the arrest, though it 
afterward appear that a felony hs^ been committed, but 
thai the person arrested did not commit it. 



{ 180. To state authority, and canse, except in caao 
of felony or pursuit. — When arreetmg a person without 
a warrant the officer must inform him of the authority 



{{ 181-184. ARREST WITHOUT WARRANT. 54 

of the officer and the cause of the arrest, except when 
the X)er8on arrested is in the actual commission of a crime» 
or is pursued immediately after an escape. 



f 181. BAav take a person arrested by a by-stander 
lor breach of the peace. — A peace officer may take be- 
fore a magistrate, a person, who, being engaged in a 
breach of the peace, is arrested by a by-stander and de- 
livered to him. 

Wvk's Case, 5 C. H. Beo., 4. 



( 182. Offenses oommitted in magistrate's presence^ — 

When a crime is committed in the presence of a magis- 
trate, he may, by a verbal or written order, command 
any person to arrest the offender, and may thereupon 
proc^sd as if the offender had been brought before him 
on a warrant of arrest. 

Order cannot he delayed. HoKay*B case, 5 C. H. Rec, 95. 
See Butolph v. Blust, 5 I^s., 84 ; Sands v.Benediot, 2Him, 479 ; 
Lindsay v. Peo., 67 Barb., 64B. 



CHAPTER V. 

ABRBST BY A FBIVATB FBB80V. 

Ssa 188. In what cases allowed. 

184. Must inform the party of the canse of arrest, except 

when actually committing the offense or on porsnife 
alter escape. 

185. Must immediately take prisoner before a magistrate, 

or deliver him to a peace officer. 

$ 183. When arrest allowed. — A private person maj- 
arrest another, 

1. For a crime, committed or attempted in his presence; 

2. When the persnn arrested has committed a felony^ 
although not in his presence. 

PhUUps V. Troll, 11 Johns., 488. 

§ 184. Must inform party of the cause of arrest, 
except when actually committing offense or on pur- 
suit- — A private person before making an arrest, must 
inform the person to be arrested of the cause thereof, and 



55 BETAKING PRISONER. K 185-187. 

Tequire him to Bubmity except when he is in tho actual 
commission of the crime, or when he is arrested on pur« 
Boit inunediately after its commission. 

§ 185. Must immediately take priaciier befora a mag- 
istrate, or deliver him to a peace officer. — A piivate 
person, who has arrested another for the commission of 
a crime, most, without unnecessary delay, take him be- 
fore a magistrate, or deliver him to a peace officer. 



CHAPTER VI. 

BBTAKnra, AFTBB ah BSCAPB OB BBSCtfB. 

8bo. 18B. May be at any time, or in any place in the state. 

187. May break open a door or window, if admittaaoe re- 
fbsed. 

$ 186. May be at any time, or in any place in the 
state. — If a person arrested escape or he rescued, the 
person, fh>m whose cnstody he escaped or was rescued, 
mav immediately pursue and retake him, at any time» 
and in any place in the state. 

J 187. BCay break in, if admittance refosed.— To re- 
e the person escaping or rescued, the person pursuiDg 
may, after notice of his intention and refusal m admit- 
tance, break open an outer or inner door or ^dndow of a 
boilding. 

CHAPTER Vn. 

jsAMnrATioir ov thb casb, and dischasgb of thb db« 

FBNDAirr OB HOLDma HIM TO AirSlVBB. 

BBO, 188. Magistrate to inform defendant of the charge, and his 

right to counsel. 
180. Time to send, and sending for coonsel. 
190. On appearance of counsel, or waiting for him a rea* 

sonaole time examination to proceed. 

101. When to be completed ; ac^oumment. 

102. On adjournment, defendant to be committed, or die* 

charged on deposit of money. 
106. Form of commitment. 
]M. Depositions, to be read onexaminadon, andwitaeasee 

examined. 



a 186-189. EXAMINATION. 56 

SbO. 105. Examination ofwitnesses to be in presence of defend- 
ant, and witnesfies to be cros8*examlned in bis be- 
balf. 

196. Defendant to be informed of bis right to make a state- 

ment 

197. Waiver of his right, and its effect. 

198. 199. StateiuenL, how talcen. 

200. How reduced to writing, and autbentioated. 

201. Alter statement or waiver, defendant's witnesses to 

be examined. 

202. Witnesses to be kept apart 

203. Who may b».present at examination. 

204. Te^timony, bow taken and aalbenticated. 

205. Depositions and statement, how and by whom kept 

206. Defendant entitled to copies of ueposilions and state- 

ment 

207. Defendant, when and how to be discharged. 
206. When and how to be committed. 

209. Order lor commitment. 

210. Certiiicate of bail being taken. 

211. Defendant to choose how he shall be tried. 

212. Order for bail, on commitment. 
218, 214. Form of commitment. 

215. Undertaking of witnesses to appear, when and how 

taken. 

216. Security for appearance of witnesses, when and how 

required. 

217. Inllants and married women may be required to give 

security for appearance as witnesses. 

218. Witness to be committed, on refiisai to giTC security 

for appearance . 

219. Witness, unable to give security, may be conditionally 

examined. 

220. Last section not applicable to prosecutor or accom- 

plice. 

221. Map^istrare to return depositions, statement and under- 

takings ot witnesses to the court. * 

} 188. Magistrate to inform defendant of the chazge, 
and his right to counseL — When the defendant is 
brought before a magistrate upon an arrest either with 
or without waiTant on a charge of haying committed a 
crime, the magistrate must immediately inform him of 
the charge agaioAt him, and of his ri^ht to the aid of 
counsel in every stage of the proceedrngs, and before 
any fui'ther proceedings are had. 

Hearing after coroner's inquisition. Ex parte Ramscar, 1 K. 
Y. Cr., 33. 

§ 189. Time to send, and sending for counsel. — He 
must also allow the defendant a reasonable lime to send 
for counsel, and adjourn the examination for that pur- 
pose; and mustv upon the request of the defen^uity 
require a peace officer to take a message to such counsel 



57 EXAMINATION, $$ 190-193. 

in the town or city,as the defendant may name. The officer 
musty without delay and without fee, perform that duty. 

Peo. V. Jiestell, 8 Hill, 289. 

§ 190. On appearance of counsel, or n^aiting for him 
a reaaonahle time, examination to proceed. — ^The mag- 
istrate, immediately after the appearance of counsel, or 
if none appear and the defendant require the aid of 
counsel, must, after waiting a reasonable time therefor, 
proceed to examine the case, unless the defendant waives 
examination and elects to give bail, in which case the 
magistrate must admit the defendant to bail if the crime 
is bailable, as provided in section two hundred and ten ; 
and in that case witnesses in attendance or shown to be 
material for the people may be requii-ed to appear and 
testify, or to be examined conditionally as prescribed in 
sections two hundred and fifteen, two hundi^ed and six- 
teen, two hundi*ed and seventeen, two hundred and 
eighteen, two hundred and nineteeu and two hundred 
and twenty. 

§ 191. When to be completed — Adjournment. — The 

examination must be completed at one session, unless 

the magistrate, for good cause shown, adjourn it. The 

adjournment cannot be for more than two days at each 

time, unless, by consent or on motion of the defendant. 

Cannot commit defendant for hearing on fdtnre day until 
brought before court. Pratt v. Hill, 16 Barb., 303. Indictment 
does not oust jurisdiction. Ex parte Gessner, 63 How. Pr., 616. 
May indict pending examination. Peo. v. Westbrook, 12 Hun, 
646 ; Peo. r. Drury, 2 Edm. S. C , 851. 

§ 192. On a^fomrmnent, to be committed or dis- 
cfa^ged on balL — If an adjournment be had for any 
cause, the magistrate must commit the defendant for 
ei^amination, or discharge him from custody, upon his 
^yingf bail to appear during the examination, or upon 
the deposit of money as provided in this Code, to make 
sure of his appearance at the time to which the exami- 
nation is adjourned. 

§ 193. Form of commitment. — The commitment for 
examination is by an indorsement signed by the magis- 
trate, on the warrant of arrest, to the following eflfect : 
**The within named A. B., hq,ving been brought before 
xne under this warrant, is conunitted for examination, to 
the sheriff of the county of ," or in the city and 

county of New York, "to the keeper of the city prison 
of the city of New York.** 



K 194-198. EXAMINATION. 5S 

§ 194. X>epotitioiia to be read and witnesses exam- 
ined. — At the examination, the magistrate muet, in the 
first place, read to the defendant the depositions of the 
witnesses examined on the taking of the information, and 
if the defendant request it, or elects to have the exami- 
nation, most summon for cross-examination the witnesses 
so examined, if they be in the county. He must also 
issue subpoenas for additional witnesses required by the 
prosecutor or the defendant. 



§ 196. Witnesses to be in presence of defendant, and 
to be cross-examined. — The witnesses must be examined 
in the presence of the defendant, and may be cross- 
examined in his behalf. 



$ 196. Defendant to be informed of his right to make 
a statement. — "When the examination of the witnesses on 
the part of the people is closed, the magistrate must 
inform the defendant^ that it is his right to make a state- 
ment in relation to the charge against him (stating to 
him the nature thei*eof ) ; that the statement is desi^pied 
to enable him, if he see fit, to answer the char^ and to 
explain the facts alleged against him ; that he is at lib- 
erty to waive making a statement ; and that his waiver 
cannot be used against him on the trial. 

6 197. Waiver of his right and its efiect. — If the 

defendant waiv6 his light to make a statement, the 
magistrate must make a note thereof^ immediately follow^ 
ing the depositions of the witnesses against the defendant. 



§ 198. Statement, how taken. — If the defendant choose 
to make a statement, the magistrate must proceed to 
take it in writing, without oath, and must put to the 
defendant the following questions only : 

What is your name and age I 

"Where were you bom ? 

Where do you reside, and how long have you resided 
there ? 

What is your business or profession % 

Give any explanation you may think proper, of the 



J 



r 



59 PRISONER'S STATEMENT. 55 190-203. 

and Gtale any facts vhich you think will tend to your 
exculpation. 

f 199. Reading annveiB.— The answer of the de< 
feadiuit to each ot the quesUona most be distinctly read 
to him as it ie taken down. Uo may thereupon correct 
or add to his answer, and it must be correct^ until it ia 
made confoi-malile to what he declares to be the tmth. 

§ 200. To be written and autlientioated. — The etate- 
ment must be i-educed to -wiitjiig by the magistrate, or 
under hie (Predion, and anthenUcated in the following' 



1. The authentication muet set forth in detail, iliat the 
defendant was informed of hia lights as provided in sec- 
tion 196, and that after being so informed, he made thft 
statement ; 

2. It must cnntaia the qneationa put to him, and his 
answers thereto, aa provided in eections 198 and 199 ; 

3. It may be tdgned by the defendaut^ or he may refuse 
to agn it ; but if he refuse to sign, his reason therefor 
must be stated as he ^ves it ; 

4. It must be signed and certified by Uke magistrate. 

Peo. r. Eeslen, t Hill, I». 
j 201. After itatament or waiver. — After the waiver 
of the defendant to make a statement, or after he has 
made it, Ms witnMses, if he produce any, must be sworn 
and examined. 

} 202. Witnesses to be kept apart. — The wilneeees 
produced on the part either of the people or of the de- 
fendant cannot be present at the eiamination_ of the 
defendant ; and while a witness ia nnder eiaminatdon, 
the magistrate may exclude all mfneasea who have not 
been examined. He may also cause the witnesses to be 
kept separate, and to be prevented from conversing witJl 
each other, until tbey are all examined. 



$$ 204-206. EXAMINING WITNESSES. 60 

exclude from the examination every person, except the 
clerk of the magistrate, the prosecutor and his counsel, 
the attorney-general, the district attorney of the county, 
the defendant and his counsel, and the officer having the 
defendant in custody. 

( 204. Testimony, how taken and authenticated. — 

The testimony given by each witness must be reduced to 
writing, as a dex)Osition, by the magistrate or under his 
direction, and authenticated in the following manner : 

1. The authentication must state the name and age of 
the witness, his place of residence, and his business or 
profession. 

2. It must, unless deposition by question and answer 
be waived by the defendant and the witness, contain the 
questions put to the witness, and his answers thereto ; 
each answer being distinctly read to him as it is taken 
down, and being corrected or added to, imtil it is made 
conformable to what he declai'ea to be the truth. 

3. If a question put be objected to on either side, and 
oven'uled, or the witness decline answering it, that fact, 
with the ground on which the question was overruled or 
the answer declined, must be stated. 

4. The deposition must be signed by the witness, or 
if he refuse to sign it, his reason for refusing must be 
atated in writing as he gives it. 

5. It must be signed and certified by the magistrate. 



§ 206. Depofdtions, how kept. — The magistrate or 
his clerk must keep the depositions taken on the informa- 
tion or on the examination, and the statement of the 
defendant, if any, until they are returned to the proper 
court ; and must not permit them to be inspected by any 
person, except a judge of a court having jurisdiction erf 
the offense, the attorney-general, the district attorney of 
the county, and the defendant and his counsel. 

{ 206. Defendant entitled to copies. — If the defend- 
ant be held to answer the charge, the magistrate or his 
clerk having the custody of the depositions taken on the 
information or examination, and of the statement of the 
defendant, must, on payment of his fees at the rate of 
five cents for every hundred words, and within two days 



61 DETERMINATION. H 207 -210. 

after demand, furnish to the defendant, or his connaeU 
a copy of the depositions and statement, or permit 
either .of them to take a copy. 

$ 207. Xlefendanfa disohaxge. — After hearings the 
proofe, and the statement of the defendant, if he have 
made one, if it appear, either that a crime has not been 
committed, or that there is no sufficient cause to believe 
fbe defendant guilty thereof, the magistrate must oi*der 
the defendant to be discharged, by an indorsement on 
the depositions and statement, signed by him, to the 
fbUowing effect: "There being no sufficient cause to 
believe the within named A. B. guilty of the offense 
within mentioned, I order him to be discharged.** 

§ 208. Commitment. — If, however, it appear from 
the examination that a crime has been committed and 
that there is sufficient cause to believe the defendant 
guilty thereof, the magistrate must, in Uke manner^ 
mdorse on the depositions and statement, an order, signed 
by him, to the following effect : ** It apx)earing to me by 
the within depositions (and statement, if any) that the 
crime therein mentionea for any other crime according 
to the fact, stating generally the nature thereof] has been 
committed, and that there is sufficient cause to believe 
the within named A. B. guilty thereof, I order that he 
be held to answer'the same." 

May amend commitment. Ex parte Hogan, 56 How. Pr., 458» 

^ 209. Order for commitment. — If the crime be not 
bailable, the following words, or words to the same effect, 
must be added to the indorsement : ** and that he be 
committed to the sheriff of the county of ," [or 

in the city and county of New York, " to the keeper of 
the city prison of the city of New York."] 

§ 210. Certificate of ba£L— If the crime be bailable^ 
and bail be taken by the magistrate, the following words, 
or words to the same effect, must be added to the indorse-^ 
ment mentioned in section 208 ; " and I have admitted 
him to bail to answer, by the undertaking hereto 



$} 211-214. CX)MMrrBiBNT. G2 

§ 211. X>efendant to choose hov he shall be trled^ — 

If the Clime with which the defendant is charged be one 
triable, as herein befoi'e provided, by a court of special 
sessions of the county in which the same was committed* 
the magistrate, before holding the defendant to answer, 
must imorm him of his right to be tried by a jury after 
indictment, and must ask him how he will be tried. If 
the defendant shall i*equii'e to be tried by a juiy after 
indictment, he can only be held to answer to a court 
having authority to inquire by the intervention of a 
grand jury into offenses triable in the comity. If he 
shall not so require, he may be held to answer at the 
court of special sessions. 

Election when and how made. Peo. v. Lied, 19 Alb. L. J., 
400. Waiver of jury trial mu^t appear on face of record. Peo. 
V. Malion, 89 How. Pr., 464. Waiver cannot be recalled. Peo. 
o. Riley, 5 Park., 401. 



} 212. Order for bail on oommitmeat.— If the crime 
be bailable and the defendant be admitted to bail, but 
bail have not been taken, the following words, or words 
to the same effect, must be added to the indorsement 
mentioned in section 208, *' and that he be admitted to 
bail in the sum of dollars, and be committed to 

the sheriff of the county of ,*' [or in the city and 

county of New York, " to the keeper of the city prison 
ef the city of New York,"] until he gwe such bfuL" 



§ 213. Oommitment. — If the mac^strate order th€ 
defendant to be committed as provided in sections 209 
and 212, he must make out a commitment, signed by 
him, with his name of office, and deliver it, with the 
defendant, to the officer to whom he is conunitted, or if 
that officer be not present, to a peace officer, who must 
immediately deliver the defendant into the proper 
custody, together with the commitment. 

§ 214. Form. — The commitment must be to the follow- 
ing effect : 

** County of Albany for as the case may be.] 
** In the name of the people of the State of New York : 
*' To the sheriff of the county of Albany,** [or in the citjr 



63 HOLDING WITNESSES. §5 2IQ-218. 

and county of New Toi'k, " to the keeper of the city 
prison of tne city of New York : "] 

"An order having been this day mode by me, that A, 
B. be held to answer to the court of upon a clmrge 

of [stating biiefly the nature of the crime,] you areconi- 
manded to recdve him into your cuetody and detain him, 
ontil he be legally dischargiid. 

Dated at (&e eity ofAUiany, [or as the case may be,] 
this day of ,18 . 

C. D., JiiStiee of the Peaoe, 

[or as the case may be,] 

It may be amended. Ex parte Hogan, BS How. Pr., 4fi8. 

5 215. Undertaking of wltneBsea to appear.— Oa hold- 
ing the defendant to answer, the magistrate may take 
froDt each of the material witneeses examined before 
him on the part of the people, a written undertaking, to 
the effect that he will appear and testify at the com-t to 
■which the depositions and statement are to bo sent, or 
that he will forfeit the sum of one hundred dollars. 



5 aifi. Security for appearance of witneaBea. — When 
the niagisliale ia satisfied, by jiroof on oath, that there 
is reason U) believe that any aucb witness is an aaxmi- 
plice in the conimission of the crime charged, he may 
Oi*der the witness to enter into a written undertaking, 
■with such sureties, and In such sum as he may deem 
proper, for his appearance as specitied in the last sec 
tion. [Am'd ch. 416 of 1883.] 

IFark. Cr.,sn7; SiU., tOSi 5 Bar., Ml. 

5 ai7. [Repealed ch. 416 of 1883.] 

- $ 218. Witness to b« committed on r^nsaL — If a 
vitneaa, requii-ed to enter into an imdertaking to appear 
and testify, either with or without sureties, refuse com- 
pliance with the order for that purpose, the magiBtrate 
must commit him to prison until ho comply or be legally 
discharged. 



§§ 219-222. CONDITIONAL EXAMINATION. 64 

§ 219. Witness unable to give security, may be con- 
ditionally examined* — A witness may be conditionally 
examined, on behalf of the people, in the manner and 
with the effect provided in tlus Code. [Am*d ch. 416 of 

1883.] 

See H eaiO-eS5,post, 

§ 220. [Repealed ch. 416 of 1883.] 

} 221. — Bffagistrate to return depositions, etc^— When 
a magistrate has discharged a defendant, or has held 
him to answer, as provided in sections 207 and 208, he 
must return to the next court of oyer and terminer or 
court of sessions of the county, or city court having 
power to inquire into the offense by the intervention 
of a fi^rand jury, at or be&re its opening on the firet 
day, the waiTant, if any, the depositions, the statement 
of the defendant, if he have made one, and all under- 
takings of bail, or for the appearance of witnesses, taken 
by him. 



TITLE IV. 

Of Proceedings after Cwnmitmejvtf and "before In^iclr 

vnenU 

Chaftbb I. Preliminary provisions. 

H. Formation of the grand jury; its powe» and 
duties. 

CHAPTER I. 

, PBLIMINASY PROVISIONS. 

8bc. 222. Crimes ; how prosecuted. 

$ 222. Crimes \ how prosecuted. — All crimes prcde- 
cuted in a court of oyer and terminer, or in a court of 
sessions, or in a city court, must be prosecuted by 
indictment. 



65 



GRAND JURIES. 



§223. 



CHAPTER n. 



IfOSMlTIOir OF THB GBAHD JUBY, ITS POWBBS AKD DT3TIBS. 

8XC. 223, 224. Grand jorv defined. 

225, 226, 227. For wnat courts to be drawn ; the order. 

228. Misdescription in order. 

229. Mode of selecting grand jurors. 

230. If sixteen grand jurors do not appear, additional 

number to be ordered. 

231. 232, 233. Manner of designating the additional grand 
jurors. 

Summoning the additional grand jurors, and compel- 
ling their attendance. 
When new gzand jury may be summoned for the 
same court. 
286. Grand jsty, how drawn when more than a sufficient 

number attends. 
SS7. Who may challenge an individual grand juror. 

238. Causes of discharge of the panel. 

239. Causes of challenge to an Individual grand juror. 

240. Manner of taking and tiying the challenges. 

241. Decision upon the ch^lenge. 
8^. Effect of aUowing a challenge to an individual grand 

Juror. 

243. Violation of last section. 

244. Appointment of foreman. 

245. 246, 247. Oath of the foreman and the other grand 
jurors. 

248. Charge of the court. 

249. Retirement of the grand jury. 

250. Appointment of a clerk, and his duties. 
261. Discharge of the grand jury. 
2S2. Power of grand jury to inquire into crimes, etc. 
268. Foreman may administer oaths. 
264. Definition of an indictment. 
266. Evidence receivable before the grand jury. 

266. Same. 

267. Grand jury not bound to hear evidence for the 
defendant, but may order explanatory evidence to 
be produced. 

268. Degree of evidence, to warrant an indictment. 

260. Grand jurors mnst declare their knowledge as to 
commission of a crime. 

200. Grand jury must inquire as to persons imprisoned on 
criminal charges and not indicted ; the condition 
of public prisons; and the misconduct of public 
officers. 

261. Grand jury entitled to access to public prisons, and to 
examine public records. 

202, 263, 264. When and ft*om whom they may ask advice, 
and who may be present during their sessions. 

266. Secrets ofthe grand jnry to be kept. 

266. Grand jury, when bound to disclose the testimony of 
a witness. 

207. Grand juror not to be questioned for his conduct as 
such. 

5 



S$ 223-228. GRAND JURIES. 86 

§ 223. Qrand Jmy defined* — ^A grand jury is a body 
of men, returned at stated periods from the citizens of 
the comity, before a court of competent jurisdiction, and 
chosen by lot, and sworn to inqmre of crimes committed 
or triable in the county. 

} 224. Id. — The grand jurv must consist of not less 
than sixteen and not more uian twenty-three persons, 
and the presence of at least azteen is necessary for the 
ti*ansaction of any budness. 

Peo. V. King, 2 CaL, 96. 

§ 225. For what courts to be drawn* — A grand juiy 
must be drawn for every term of the following com4a : 

1. The court of oyer and terminer, except in the city 
and county of New York, and the county of £ings, and 
except for extraordinary Or adjourned terms. 

2. The court of general sessions of the city and county 
of New York and the court of sessions of toe county oi 
Kings; and 

3. The city courts whenever an indictment can be 
there found. 

§ 226. Id. — A grand jury may also be drawn : 

1. For every other court of sessions, when specially 
ordered by the court, or by the board of supervisors. 

2. For the court of oyer and terminer in the city and 
county of New York, upon the order of a Judge of the 
supreme court elected in the first judicial district. 

3. For the court of oyer and terminer, of the county of 
Kings, upon the order of a judge of the supreme court 
elected in the second judicial district. 

6 227. Order how filed. — If made by the court or a 
judge ■ thereof, the order for a grand jury must be 
entered upon its minutes, and a copy thereof filed with 
the county clerk, at least twenty days before the tei-m 
for which the jury is ordered. If made by the board of 
supervisors a copy thereof certified by the clerk of the 
board, must be filed with the county clerk, at least 
twenty davs before the term ; and when so filed, is con- 
clusive evidence of the authority for drawing the jury. 

( 228. Misdescription. — A misdescription of the title 
of the court in an order for a g^and jury does not affect 
the validity of the order, if it can be plainly understood 
therefrom what court is intended. 



87 ADDITIONAL GEAND JURORS. }}22i^-338. 

{ 229. Beleotion of grand Jnron. — The mode of b» 
iecting grand jurops is pi-eetiibed by spHciaJ atatutea, 

; SRev.St. (eihed.). 



§ 23a If Bixteen Jnron do not appear, othera to be 
ordered. — If at any court of oyer and terminer oi' eoui't 
of sepaiooa, except in the counlieB of Geneaee, OrlettnB, 
and St. Lawrence, thens ahall not appear at least aixteen 
persons, duly qualified to serve as grand jui-ore, who 
have been summoned, or if the number of p-and j urora 
attending shall be reduced below siiteen, such court 
must, by order to he entered in its minutes, require the 
clerk of the county to draw, and the sheriff to summon, 
Hueh additional number of grand jurors aa shall ba 
necessary, and must specify the nuinDer required in the 

$ 231. Dm^niatfou of additional Jnrors. — The clerk 
of the county must forthwith bring into the court the box 
containing the names of the grand jurors, from which 
grand jurors in the county ai'e required to be drawn ; 
and he muat, in the presence of the court, proceed pub- 
licly U) draw the number of grand jurors specified in the 
order; and when such drawing is complelerl, he must 
make two lists of the persons so drawn, each of wliich 
must be cerdSed by him to be a con-ect list of the names 
of the persona so drawn by him, one of which he must 
file in his office, and the oUier he must delivei* to the 
sheriff. 

f 232. SomnioningJuTOiD. — The sheriff must actord- 
\ngly, in the manner required in respect to the grand 
jnrors oiiginaDy drawn, forthwith summon the pei-aona 
Whose names are drawn or dewgnated in the hst, pro- 
vided in section 231, tn appear m the court requiring 
*heii" attendance at the time deeugnated, and they must 
attend and serve as if they had been originally sum- 
moned as grand jurors, and subject to the same penal- 
ties, unless excused or discharged by the coui-t. 



i§ 234-238. GRAND JURORS. 68 

of the persons required to complete the grand jury may, 
in the disci-etion of the court, be drawn as provided in 
the last section, or may be publicly designated by the 
.court, from the by-standers or the body of the county. 

$234. Bammoning the additional grand Jnron. — The 
Bheriff must accordmgly, in the manner requu*ed in re- 
spect to the grand jurors originally drawn, forthwith 
summon the persons whose names are di*awn or de^g- 
nated, as provided in the last two sections, who must 
attend and serve as if they had been originally sum- 
moned as grand jurors, and are subject to the same 
penalties, imless excused or discharged by the court. 



, 235. When new grand Jury may be summoned for 
the same courL — If a cidme be committed during the 
sitting of the court, after the discharge of the grand 
Jury, the court may, in its discretion, (urect an order to 
be entered, that the sheriff summon another grand juiy; 
and the same shall be summoned, in the manner pre- 
scribed for grand juries in general. 

§236. When more than a sufficient nnmber attends. 

—When more than twenty-three persons summoned as 
grand jurors attend for service, the clerk must prepare 
separate ballots containing their names, folded as nearly- 
alike as possible, and so that the names cannot be seen, 
and must deposit them in a box. He must then openly 
draw out of the box twenty-three ballots ; and the per- 
sons whose names are drawn constitute the grand jury. 
The names remaining in the box, as well as those drawn» 
must be returned to the box of drawn grand jurors. 

Error to swear twenty-four grand Jurors. Peo. «. King, % 
Cat., 98. When objection to be taken. Gonkey v, Peo., 1 Abb. 
Dec, 418. 

6 237. Who may challenge grand juror. — A person, 
held to answer a charge for a crime may chaUenge an 
individual grand juror. 

$ 238. Oanses of discharge of the paneL — There is 
no challenge allowed to the panel or to the array of the 



69 CHALLENGINQ GRiND JURORS. §{238-242. 

grand JU171 but the court may, in its discretion, at any 
tims diacbaj^ the jmnel and order another to be auin- 
moned, for one or moi-e of the following causes : 

1. That the requisite number of ballola was not drawn 
from the grand jary boi of tbe county ; 

2. That notice of the drawing of the grand jury was 

3. That the drawing' was not had, in tlie presence of 
the officers deaiaiiated by law ; and 

4. That tbe di'awing was not had, at least fourteea 
days before the court 

{ 239. Causes of challenge to a grand Juror. — A 

challenge 1j) an individual grand juror may be inleiijoseil, 
for one or more of the following causes, and for these 

1. That ho ia a minor; 

2. That he ia an alien ; 
8. That he is insane ; 

4. That he is the prosecutor upon a charge against 
tbe defendant ; 

5. That he ia a, witness on the part of the prosecution, 
and baa been served with process or bound by an undei"- 
taking, as such ; 

6. That a state of mind eiista on his part, in reference 
to the case or to either party, which satisfies tbe court, 
in the eiercise of a Bonna discretion, that he cannot act 
impartiaUy and without prejudice to the substantial 
ri^ts of the party challen^ng. 

pHwsoan. Peo.,3SN. Y.,*05; Peo. e. Jewelt, S Wend., 3U ; 



§ 240. Takinx and trying chaUet^^ee. — Challenges, to 
individual grand jurors, maybe oral, and must be entered 
upon the minutes, and tried by the court, in the same 
manner as challenges, in the case of a trial jury. 

{ 241. Decision of challengei — The court must allow 
or disallow the challenge, and the clerk must enter its 
delusion npon the minutes. 



5J 243-247. ORGANIZING GRAND JURY. 70 

for any of the causes mentionefl in subdivisions one, twc 
or three of section 239, he must be forthwith discharged 
from the grand juiy. If such challenge be allowed for 
any of the causes mentioned in subdivisions four, five or 
ax of section 239, the juror challenged cannot be present 
at or take part in the consideration of the charge a^nsi 
the defendant who interposed the challenge, or m the 
deliberations of the gfrand jury thereon. 

$243. Violation of last section. — The grand jury 
must inform the court of a violation of the last section, 
and the same is punishable by the court as a contempt. 

§ 244. Appointment of foreman. — From the persons 
summoned to serve as grand jui'ors, and appealing, the 
court must appoint a foreman. The comrt must also 
appoint a foreman, when a person already appointed is 
discharged or excused, before the gi'and jury are dis- 
mussecL. 

{ 246. Oath of the foreman* — The following oath musl 
be administered to the foreman of the grand juiy : *' Ton, 
as foreman of tins grand jury, shall diligently inquire 
and true presentment make, of all such matters and 
things as shall be given you in charge ; the counsel of the 
people of this state, your fellows' and your own you shalS 
keep seci-et; you shall present no person from envy^ 
hatred or malice ; nor shall you leave any one unpre^ 
sented through fear, favor, affection or reward, or hope 
thereof ; but you shall present all things truly as they 
come to your knowledffe, according to the best of your 
understanding. So help you God ! " 

§ 246. Id. ; to Juronu — The following oath must be 
immediately thereupon administered to the other grand 
jurors present: "The same oath which your foreman 
has now taken before you on his part, you and each of 
you shall well and truly observe on your part. So help 
you God!" 

$ 247. Id. — I^ after the foreman and the grand Jurore 
then present are sworn, any other grand juror appear. 



71 CHARGE TO GRAJ^D JURY. §§248-253. 

and be admitted as such, the oath, as prescribed in sec- 
tion 245, must be administered to him, commencinff*, 
** Too, as one of this grand jury," and so on^ to the end. 

§ 248. Charge of the couzt. — The grand jary being 
impaneled and swoim, must be charged by the court. 
In doing so, the court must read to them the provisions 
of this Code, from section 252 to section 267, both inclu- 
sive, or give them a copy thereof, and must give them 
such information as it may deem proper, as to the nature 
of their duties, and any charges and crimes returned to 
the court, or likely to come before the grand jury. The 
court need not, however, charge them respecting viola- 
tions of a particular statute. 

§ 249. Retirement of the grand Jury. — The grand 
jury must then retire to a private room and inquire into 
the offenses cognizable by them. 

§ 260. Appointment of a clerk, and hia duties. — 

The gi'and Jury must appoint one of their number as 
clerk, who is to preseive minutes of their proceedings 
(except of the votes of the individual members on a 
presentment or indictment), and of the evidence given 

before them. 

• 

§ 251. DiBchaxge of the grand Juryi^-The grand 
jury, on the completion of the business before them, 
must be discharged by the court; but whether the 
bufidness be completed or not, they are discharged by 
the final adjournment of the court. 

§ 252. Power of grand Jury^ — ^The grand jury has 
power, and it is their duty, to inquire into all crimes 
coomiitted or triable in the coimty, and to present them 
to the court. 

} 253. Foreman may administer oaths* — The fore- 
man may admimster an oath* to any witness appearing 
before the grand jury. 



$)354-2S9. INDICTMENT. EVIDENCE. » 72 

} 264, I>efi]iition of an indicCiiiAiit — An indictment 
is an accusation in writing, presented by a grand jury 
to a oomi>etent court, chafing a person with a crime. 



f 256. Svldence belore the grand jtny. — In the 
investigation of a charge, for the pwpose of indictment, 
the grand jur^ can receive no other evidence than, 

1. Such as IS given by witnesses produced and sworn 
before them, or furnished by legal documentary evi- 
dence ; or 

2. llie deposition of a witness, in the cases mentioned 
in the third subdivision of section 8. 



( 256. Xiegal efvidenoe only. — ^The grand jury can 
receive none but legal evidence. 



( 257. ZMdenoe gnmd Jury may hear or order. — 

The grand jury is not bound to hear evidence for the 
defendant ; but it is their duty to weigh all the evidence 
submitted to them, and when they have reason to believe 
that other evidence, within their reach, will explain 
away the charge, they should order such evidence to be 
produced ; and for that purpose, may require the dis- 
trict attorney to issue process for the witnesses. 

Hope V. Feo., 83 K. T., 418. 

§ 258. Degree of evidence, to warrant an indlot- 
ment. — ^The grand jury ought to find an indictment, 
when all the evidence before them, taken together, is 
such as in their judgment would, if unexplained or uncon- 
tradicted, warrant a conviction by the trial jury. 

What evidence sufficient. Feo. v. Hyler, 2 Park., S70. 



§ 269. Orand Jurors must declare their knowledge 
as to commission of a crime. — If a member of the 

Cnd jury know, or have reason to believe, that a crime 
been committed, which is triable in the county, he 
must declare the same to his fellow jurors, who must I 

thereupon investigate the same. 



J 



\ 



7d • GRAND JURT. §} 260-266. 

$ 2d0. Special inqidzies by grand Joryi^-The grand 
jury mxtai inquire, 

1. Into the case of every person imprisoned in the jail 
of the county, on a criminal charge, and not indicted ; 

2. Into the condition and management of the public 
prisons in the county ; and 

3. Into the willfol and corrupt misconduct in office, of 
public officers of every description, in the county. 

§ 261. Orand Jury entitled to acceaa to public pris- 
ons, pabUo records. — They are also entitied to free 
access, at all reasonable times, to the public prisons, 
and to the examination, without charge, of all public 
records in the county. 

$ 262. When and from whom they may ask advice. — 

The grand jury may in any case ask the advice of any 
judge of the court, or of the district attorney of the 
county. 

$ 263. Duty of district attorney. — Whenever required 
by the grand jury, it shall be the duty of the district 
attorney of the county to attend them for the purpose 
of examining witnesses in their presence, or of giving 
them advice upon any legal matter, and of issuing sub- 
poenas or other process for witnesses. 

§ 264. Who may be present during sessions. — The 

district attorney of the county must be allowed at all 

times to appear before the gi'and jury, at his request, 

for the purpose of giving information relative to any 

* matter before them, but no district attorney, officer , or 

\ other person, shall be present with the grand jury 

I daring the expression of their opinions, or the giving of 

their votes upon any matter. 

• 

$ 265. Secrets of the grand Jury to be kept. — Every 
member of the grand jury must keep secret whatever 
he himself, or any other grand juror, may have said, or 
in what manner he, or any other grand juror, may have 
voted, on a matter before them. 



ff a6&-268. GRAND JURY. 74 

} 266. Qnnd Jmy, iRrhem bound to dincloiie the tastl- 
moiiy of a witnese. — A member of the grand jury may, 
however, be required by any court, to (Osdoee the testi- 
mony of a witness examined befoi*e the grand jury, for 
the purpose of ascertaining whether it is consistent with 
that given by the witness before the court ; or to disclose 
the testimony given before them by any person upon a 
charge against him for perjuiy in giving his testimony, 
or upon bos trial therefor. 

Peo. V. Holbut, 4 Denio, 133. 

' § 267. Grand Jnxor not to be questioned for his oon* 
dnct. — A gi*and juror cannot be questioned for anything 
he may say, or any vote he may give, in the grand jury 
relative to a matter legally pending before the jury, ex- 
cept for a perjury of whicn he may have been guilty, in 
making an accusation or giving testimony to ms fellow 
jurors. 

Beflections on jurors will be punished as contempt. Ex. p^ 
Van Hook. 8 C. H.Bec.»64 ; Ex,p, Spooner, 6 id., 109. 



TITLE V. 

Cf the Indictfnent. 

Chaftbb I. Finding and presentation of the indictment. 
II. Form of the indictment. 

III. Amendment of the indictment. 

IV. Arraignment of the defendant. 
V. Setting aside the indictment. 

VI. Demurrer. 
Vn. Plea. 
Vin. Bomovalof the action before trial. 

CHAPTER I. 

FOTDDrO Ain> FRB8BirrA.TI0N OF THB INDIOTMKirT. 

Sbo. 268. Indictment must be found by twelve grand JiiroTB» 
and indorsed by foreman. 
260. If not 80 found, depositions, etc., must be returned to 
the court, with disonissal indorsed. 

270. Effect of dismissal. 

271. Names of witnesses must be indorsed upon indictment. 

272. Indictment must be presented in presence of the grand 

Jury, and filed. 

$ 268. Indictment must be found by twelve Jnran^ 
and indorsed by foreman. — An indictment cannot ba 






75 DISMISSAL OF CHARGES. }$ 269-272. 

found, without the concurrence of at least twelve ffrand 
jurors. When so found, it must be indorsed, ''A true 
bm," and the indorsement must be signed by the fore- 
man of the gi'and jury. 

Indorsement no part of indictment. Brotherton v. Peo.,75 
N. Y., 159. 

$ 269. If not BO found, depositions, eto., must be re- 
tamed to the court, with dismissal indorsed. — If twelve 
grand jui*oi-s do not concur in finding an indictment, the 
depositions, (and statement, if any,) transmitted to them, 
must be retui*ned to the court, with an indorsement there- 
on, signed by the foreman, to the effect that the charge 
is dismissed. 

Grand Jury may be examined in support of a motion to quash 
indictment to prove tweive did not concur. Peo. v. Shattuck» 
6 Abb. X. C, 33 ; see Peo. v. Brigg8,60 How. Pr., 17. 

$ 270. Sfieot of dismissaL— The diflmiBHa.1 of the charge 
does not, however, prevent its being again submitted to 
a grand jury, as often as the court may so direct. But 
without such direction* it cannot be again submitted. 

$ 271. Names of witnesses must be indorsed upon in- 
diotment. — When an indictment is found, the names of 
the witnesses examined before the grand jury, or whose 
depositions may have been read before them, as pro- 
vided in section 255, must be indorsed upon the indict- 
ment before it is presented to the court. If not so 
indorsed, the court must, upon the alpplication of the 
defendant, at any time before trial, dii^t the names of 
such witnesses as thej^ appear upon the minutes of the 
grand jury to be formshed to him forthwith. 

IMsoretionary with court to order prosecution to ftumisb 

frisoner the evidence used before the grand Jury. Eighmy v. 
*eo.,79N. Y.,646. 

$ 272. Indictment must be presented In presence of 
the grand Jury and filed* — An indictment, when found 
by the grand jury, as prescribed in section 268, must 
be presented by their foreman, in their presence, to the 
Gomi;, and must be filed with the clerk, and remain in 
his office as a public record, but it must not be shown 
to any person other than a public officer, until the de- 
fend^t has been arrested or has appeared. 

Provision for flllng merely dire-'toiy. Dawaou v. Peo. 85 N. 
T., 890 ; see { 818, inm<. 



§$ 273-276. FORMS OF PLEADING. 76 



CHAPTER n. 

FOBM OF THB INDICTMBNT. 

SSO. 978. Forms of pleading heretofore exiBting, abolished. 

274. First pleading for the people is indictment. 

275. Indictment, what to contain. 

276. Form of indictment. 

277. When defendant is indicted by fictitious or erroneous 

name, his true name may be inseried in subsequent 

proceedings. 
278, 279. Indictment most charge but one crime and in 

one form, except where it may be committed by 

different means. 
880. Statement as to time when crime was committed. 
281. Statement as to person injured or Intended to be 

injured. 
S82. Ck>nstruction of words used in indiotment. 

283. Words used in a statute need not be strictly pursued. 

284. Indictment when sufficient. ' 

286. Indictment not insufficient for defect of form, not 
tending to prejudice defendant. 

286. Presumptions of law and matters of which judicial 

notioe is taken, need not be stated. 

287. Pleading a judgiaep tor determination of, or proceed- 

ing before a court or officer of special jurisdiction. 

288. Private statute, how pleaded. 
288. Pleading in indictment for. libel. 

280. Pleading in indictment for forgery, where the instru- 
ment has been destroyed, or withheld by defendant. 

291. Pleading in indictment lor peijury or subornation of 

perjury. 

292. Upon indiotment against seyeral, one or more may be 

convicted or acquitted. 

$ 273 Fomu of pleading heretofore ^>^^^■««g 
abolished. — All the forms of pleading in criminal actions, 
lieretofore existing, are abolished; and hereafter, the 
forms of pleading, and the rules by which the sufficiency 
of pleadings is to be determinetX are those prescribed 
by this Code. 

§ 274. First pleading is indictment.—The first plead- 
ing on the part of the people is the indictment. 

$ 276. Indictment, what to contain.— -The indictment 
must contain : 

1. The title of the action, specifying the name of the 
court to which the indictment is presented, and the 
names of the parties ; 

2. A plain and concise statement of the act constituiing' 
the crime, without unnecessary repetition. 

§ 276. Form of Indictment.— The indictment should 
"*>e signed by the district attorney, and may be substan- 
ally in the following form : 



77 FORM OF INDICTMENT. §§ 277-279. 

Court of oyer and terminer of the county of ; 

[Rtatrng* the proper county.] 

or. 
Court of oyer and terminer of the city and county of 
New York. 

or,- 
Court of sessions of the county of , [stating* 

the proper county. ] 

or. 
Court of general sessions of the city and county of 
New York. 

or, 
City court of the city of [stating the proper 

city.] 

The People of the state of New York ^ 

against > 

A. B. ) 

The grand jury of the 
[here insert the name of the county, or of the city, or of 
the city and county, in which the indictment is found,] 
by this indictment, accuse A. B. of the crime of 
[here insert the name of the crime, if it have one, such 
as treason, murder, arson, manslaughter, or the l^e, or 
if it be a misdemeanor, haying no general name, such as 
libel, assault, or the like, insert a brief desciription of it, 
as it is given by statute ;J conmiitted as follows : 

The said A. B., on the day of > 18 , 

at the town, [or city or village, as the case may be] of 
in this county, [here set forth the act charged 
as an offense.] ^ -q 

District Attorney of the county of 
Substantial compliance. Peo. v. Peck, 18 W. D., 627. 

( 277. When indicted by wrong name. — If a defend- ^ 

ant is indicted by a fictitious or erroneous name, and ia i 

any stage of the proceedings his true name is discovei*ed, 
it may be inserted in the subsequent proceedings, refei*- 
ring to the fact of bis being indicted by the name men- 
tioned in the indictment. 

Ck>wle7 V. Peo., 21 Hun, il5 ; s. c. , 83 K. Y., 464; Bamesciotta 
V. Peo., 10 Hun, 187 ; s. c, 09 N. Y., 612. 

& 278. Indictment to charge but one crime. — ^The j 

indictment must charge but one crime and in one form i 

except as in the next section provided. 

Reed V. Peo., 86 N. Y., 381. 

{ 279. Separate counts. — The crime may be charged 
in separate counts to have been committed in a different 



$§ 280-284. FORM OF INDICTMENT. 78 

^manTier or by different means ; and where the acts com- 
plained of may constitute different crimes, such crimes 
may be charged in separate counts. [Am'd ch. 306 of 
1883.] 

Counts may refer to, without repeating, foots in each other. 
Peo. V Graves, 5 Park., 134. Court has aiscretionary power to 
compel prosecution to elect one of several counts. Hawker v 
Peo., 75 X. Y , 487 , see 8 Wend , 211 , 3 Park., 15 ; 47 N. Y.,548 ; 
60 Bar., 26 ; 1 Hun, 601 ; Dolan v. Peo., 6 Hun, 493 ; s. c, 64 N. 
Y., 4a5 ; 73 N. Y., 65 ; 5 Hun, 167 ; 6 id., 401 , 13 id., 895 ; 12 id., 
312; 27 id., 311; 29 id., 680; 1 N. Y, Cr., 146 ; 90N, Y.,104; 91 N. 
Y.,5; 70 id. 38; 72 id.. 398 

} 280. Statement as to time. — The precise time at 
'wnich the ciime was committed need not be stated in the 
indictment ; but it may be alleged to have been commit- 
ted at any time before the findine;' thereof, except whei-e 
the time is a material ingfi'edient in the crime. 

} 281. As to person injured. — When an offense involves 
the commission of, or an attempt to commit a private in- 
juiy, and is described with sufficient certainty in other 
respects to identify the act, an erroneous allegation as to 
the person injui*ed, or intended to be injured, is not ma- 
terial. 

} 282. Construction. — The words used in an indict- 
ment must be construed in their usual acceptation, in 
common language, except words and phrases defined by 
law, which are to be construed according to their leg^ 
meaning. 

§ 283. Statute need not be strictly pursued. — Words 
used in a statute to define a crime need not be strictly 
pursued in the indictment ; but other words, conveying 
the same meaning, may be used. 

Tully V, Peo., 67 N. Y.. 16. 

} 284. Indictment, "v^hen sufficient. — The indictment 
is sufficient, if it can be underatood therefrom 

1. That it is entitled in a couri having authority to 
receive it, though the name of the court be not accu- 
rately stated ; 

2. That it was found hj a grand jury of the county, or 
if in a city court, of the city in which the court was held ; 

3. That the defendant is named, or if his name cannot 
be discovered, that he is described by a fictitious name, 
^th the statement that it has been found impossible to 
discover his real name ; 

4. That the crime was committed at some place within 
the jurisdiction of the court ; except where, as provided 



79 SUPFICIENCT OF INDICTMENT, fj 235-287. 

by sectiona 133 to 138, both inclusive, the act, though 
done without the local juiisdiotioQ of the county, ia tri- 
able therein ; 

B. That the crime was committed at some time prior lo 
the finding' of the indictment ; 

6. That the act or omission, ohargred as the crime, is 
pliunly and concisely set fot'th ; 

7. 'I'hat the act or omission, charged as the crime, is 
Eitated with such a degree of certainty, as to enable the 
court to pronounce ju%ment, upon a conviction, accord- 
ing to the ri^ht of the caee. 

Snb. 7. Use ofoommonabbreriatioiiwi]! not vitiate. Patter- 
eon D Peo., li Hiui, 137 WbaC a soBlcieat statement of &cts. 
Phelps P.Peo.,e Hun, 4011 72N.T.,J»1. Abortion. Eokhardt 
V. Peo.. M Hnn, 5M ; e, c, 33 N. Y., 462, Lareenv. McCamey 
i. Y., 40S, Enrglary, Qninn c. Peo,, 71 N. Y., ML 



Arson. Peo. c Pierce, 11 Hud, 633, Corporation. Peo. v. 
Graham, I Sbeld. IBl, False pretenses. tW liar., 131 ; Barber d. 
Peo.. IT Hon, see; Webaler c. Peo., 92 S.Y., 423. Cheating. 
Peo. t>. Fiek, 1 Sheld., SS?. Lotteries, Picket! v. Peo.. S Hua, 
83; 8.C., 8U N.Y., 609, Peo. o. Noelte,29, Hnn,48l. Llqoorsell- 
iDR. Schwab c. Peo.. 4 Hon, 320 ; JeSbnionv Peo., SSlInn, £2. 
General averments Peo. e. Weston, I Sbeld. 555. Bank ofHcers. 
Peo. v. Wiliiama, ib.,ses. Election officers, nail d Peo., W 
N.Y,, 493 ; BolanJ v. Peo., ib., 678. See Pontius v. Peo., 83 N. 
T., 3*9; 9. aiirlT. P. Co.B. Peo,,6SBar., 25; Peo. p HaUenbook. 
63 How. Pr„ 602 ; Peo. e. O, anclT., 83 N. V.,MC. 

{ 286i Defects of form. — No indictment ia insufficient, 
nor can the trial, judgment, or other proceedings thereon 
be affected, by reason of an imperfection In matter of 
form, which doea not tend to the prejudice of the sub- 
stantial ing-hts of the defendant, upon the merits. 

See Schrampr p. Peo., 14 Hun, 10. Pontios ti. Peo.,8a N. Y., 
339 ; Gray v. Peo., 21 Hnn, 140. Farnisliing; defendant graod 
jury minntesloaid Indictment. Eighmy v. Veo.,po»i. 

^ 236. What need not be stated. — Neither presump- 
tions of law, nor mattei's of which judicial notice ia 
taken, need be stated in nn indictment. 

^ 287. Pleading a judgment a» duly glTeo. — In 

pleading a judgment or other determination of a court 
or officer of special jurisdiction, it ia not necessary to 
state the facta conferring' j urisdiction ; but the judgment 
or determination may be stated to have been duly pven 
or made. The facta constituting jurisdiction, however, 
must be established on the trial. 

SeeEi^unye.Peo. T9K.Y.,U3. 



$$288-292. LIBEL. FORGERY. PERJURT. 80 

$ 288. Private statute, how pleaded^— In pleading sl 
pnvate statute, or a right derived therefrom, it is sm&- 
cient to refer to the statute, by its title and the day of its 
passage, and ^the court must thereupon take judicial 
notice thereof. 



i 289. Indictment for libeL — An Indictment for libel 
need not set forth any extrinsic facts for the purpose of 
showing the application to the party libeled, of the 
defamatory matter on which the indictment is founded ; 
but it is sufficient to state generaUy, that the same was 
published concerning him ; and the fact that it was so 
published, must be established on the trial. 



$ 290. Indictment for forgery, etc. — When an instru- 
ment, which is the subject of an indictment for forgery, 
has been destroyed or withheld by the act or procure- 
ment of the defendant, and the £Eu;t of the destruction or 
withholding is alleged in the indictment, and established, 
on the trial, the -misdescriplion of the instrument is im* 
material. 



$ 291. Indictment for peijury, etc^ — ^In an indictment 
for perjury or subornation of perjury, it is sufficient to 
set lortn the substance of the controversy or matter in 
respect to which the crime was committed, and in what 
court, or before whom, the oath alleged to be false was 
taken, and that the court or person before whom it was 
taken had authority to administer it, with pi*op>er allega- 
tions of the falsity of the matter on which the perjury is 
assigned; but the indictment need not set forth tbd 
plei^ngs, record or proceedings with which the jath is 
connected, nor the commission or authority of the court 
or person where or before whom the perjury waa corn-* 

mitted. 
Eighmy r. Peo.; 79 N. Y., 646 ; Stratton v. Peo., 81 K. T., 92», 



$ 292. Indictment against several, etc* — ^Upon an in<% 
dictment against several defendants any one or mor^ 
may be convicted or acquitted. 



! 



81 AMENDING INDICTMENT. {§ 293-296. 

CHAPTER in. 

AMENDMENT OF THE INDIOTMSNT. 

Sec. 293. When amendment allowed. 

294. Trial to proceed. 

295. Effect of yerdict, etc. 

§ 293. When amendment allowed. — Upon the trial 
of an indictment^ when a variance between the allega- 
tion therein and the proof, in respect to time, or in the 
name or description of any place, pei-son or thing, shall 
appear, the court may, in its judgment, if the defendant 
cannot be thereby prejudiced m his defense on the merits, 
direct the indictment to be amended, according to the 
proof, on such terms as to the postponement of the trial, 
to be had befoi-e the same or another jury, as the court 
may deem reasonable. 

When denied. Peo. v. Poacher, 30 Han, 676. 

{ 294. Trial how to proceedi — After such amendment, 
the tiial, whenever the same shall be proceeded with, 
shall proceed in the same manner and with the same 
consequences, as if no such variance had occuri'ed. 



§ 295. Effect of verdict, etc. — A verdict and judg- 
ment, which shall be given after the making of any such 
amendment, shall be of the same force and effect, as if 
the indictment had originally been found in its amended 
form. 

CHAPTER IV. 
t 

abbaignment of thb defendant. 

I 8X0. 296. Defendant mast be arraigned in the coart in which 

indictment isfoand, if mable therein, or if not, in 
that to which it is sent or removed. 

297. If indictment be for felony, defeadunt m^st be present; 
if for misdemeanor, he may appear by counsel. 

S86. When personal appearance is necessary, if defendant 
be in castody, he mast be brought before the court. 

299. If discharged on bail or deposit, bench warrant to issue. 

800. Bench warrant, by whom, and how issued. 

801. Form of bench warrant. 

302. Direction in bench warrant, if indictment be for mis- 
demeanor. 



i 



6 



$J 296-300. ARRAIGNMENT. 82 

Sec a03. If offense be bailable, order for bail to be indorsed on 

bench warrant. 
304. Bench warrant, how served. 
306. Proceedings on bench warrant, when defendant is 

broOjKht before magistrate of another couaty. 

306. Ordering defendant into costody, or increasing bail, 

when indictment is for folony. 

307. Defendant, if present, to be committed ; if not, bench 

warrant to issue. 
806. Defendant appearing for arraignment without coun> 
sel, to be informed of his right to counsel. 

809. Arraignment, how made. 

810. If he gave another name, subsequent proceedings to 

be had by that name, referring to name in the indict- 
ment. 

811. Time allowed defendant to answer indictment. 
312. How defendant may answer indictment. 

$ 296. Where defendant must be arraigned. — When 

an indictment is filed, the defendant must be aiTaigned 

thereon, before the court in which it is found, or before 

the court to which it is sent or removed. 

When court of sessions oannot arraign. Peo. v. McCraney, 21 
How. Pr., 148. 

{ 297. Appearance. — If an indictment be for a felony, 
the defendant must be personally present when aiTaigned; 
but if for a misdemeanor only, his personal appearance is 
unnecessary, and he may appear upon the arraignment 
by counsel. 

Presence in adjoining room. Peo. v. Bragle, 88 N.Y., 585 ; s. c , 
28 Hun, 378. When unnecessary. Peo v. vail, 57 How. Pr., 581. 

} 298. When in custody. — ^When his personal appear- 
ance is necessary, if he be in custody, the court may 
direct the officer in whose custody he is, to bring him 
before it to be arraigned. 

S 299. Failure to appear. — If the defendant have 
been discharged on bail, or have deposited money io- 
stead thereof, and do not apx)ear to be arraigned, or if 
the defendant be fol* any cause absent, when his personal 
attendance is necessary, the court, in addition to the 
forfeiture of any undertaking of bail, or of any money 
deposited, may direct the clei^ to issue a bench warrant 
for his arrest. 

{ 300. Bench warrant, by whom iasned^— The clerk, g 

on the application of the district attorney, may accord- I 



I 



i 



63 BENCH WARRANTS. $$ 301^308. 

I ^g^y At any time after the order, whether the court be 

r fiittiDg' or not, issue a bench warrant to one or more 

counties. A bench warrant for the arrest of any defend- 
ant indicted, may also be issued by the district attorney 
at any lime after the indictment is found. 

$ 301, Form of bench wanant. — The bench warra'nt 
issued upon the indictment must, if the crime be a felony, 
be substantially in the following form : 

** County of Albany, [or as the case may be]. 

** In the name of the People of the state of New York : 
" To any peace officer in this state. An indictment hav- 
ing been found on the day of , 18 , in the 
court of sessions of the covmty of Albany [or as the case 
may be] charging C. D. with the crime of [designating 
it generally]. 

" You ai*e therefore conmianded, forthwith to an-est 
the above named C. D., and bring him before that court, 
[or if the indictment have been sent or removed to 
another court,] before the court of oyer and terminer of 
that county, [or as the case may be,] to answer the in- 
dictment ; or if the court have adjourned for the term, 
that you deliver him into the custody of the sheriff of the 
county of Alba^ny, [or as the case may be, or in the city 
and county of New York " to the keeper of the city prison 
of the city of New York."] 

«* City [or town] of , the day of , 18 

*• By order of the court, 
> E. F. Clerh*' 

or G. H., 
District Attorney of the county of ." 

/ What to state. Peo. v. Sherwin, 17 W D., 126. 

& 302. Bench warrant in casea of misdemeanor. 

If the crime be a misdemeanor, the bench warrant 

must be in a similar form, adding to the body thereof, a 
direction to the following effect: "or if he require it, 
that you take him before any ma^strate in that county, 
or in the county in which you an^est him, that he may 
give bail to answer the indictment." 

§ 303. If offense bailable, indorsement on bench 
^warrant. — If the crime charged be bailable, the court 



}$ 304-308. BENCH WARRANTS. 84 

upon directing the bench warrant to iFsae, may fix the 
amount of bail ; and in such case an indorsement must 
be made upon the bench warrant and signed by the 
clerk, to the following effect : "The defendant is to be 
admitted to bail in the sum of dollars." 

{ 304. Bench warrant how served^ — ^The bench war- 
rant may be served in any county, in the same manner 
as a warrant of arrest, except, that when served in 
another county, it need not be indorsed by a magistrate 
of that county. 

} 305. Proceedings before magistarate of another 
comity. — If the defendant be brought before a magis- 
trate of another county for the puri)08e of giving bail, 
the magistrate must proceed in respect thereto, in the 
same manner as if the defendant had been brought 
before him upon a warrant of arrest, and the same pro- 
ceedings may be had thereon, as provided in sectionB 
159 to 161, both inclusive. 

§ 306. Ordering defendant Into custody, or increaidng 
baiL — If the defendant, before the finding of an indict- 
ment, has given bail for his appearance to answer the 
charge, the court, to which the indictment is pi-esented 
or sent or removed for trial, may order the dei^ndant to 
be committed to actual custody, either without bail, or 
unless he give bail in an increased amount,*to be speci- 
fied in the order. 

{ 307. Defendant, if present, to be committed \ if not, 
bench warrant to issue. — If the defendant be present 
when the oixier is made, he must be forthwith committed 
accordingly. If he be not present, a bench wari'ant 
must be issued and proceeded upon, in the maimer pro- 
vided in this chapter. 

} 308. Defendant appearing without oonnseL — If 

the defendant appear for arraignment, without counsel,, 
he must be asked if he desire the aid of counsel, and if 
he does, the court must assign counsel. 



85 ARRAIGNMENT. MISNOMER. {$309-313. 

§ 309. Arraignment, how made. — The arraignment 
mnst be made by the coui*t, or by the clerk or district 
Attorney, under its direction, and consists in stating the 
charge in the indictment to the defendant, and in asking 
him whether he pleads guilty or not guilty thereto, u 
the defendant demand it, the indictment must be read, 
or a copy thereof furnished to him before requiring him 
to plead. 

§ 310. Blisnomer. — If when arraigned the defendant 
allege that another name is his true name, the court 
must direct an entry thereof in the minutes of the 
arraignment; and the subsequent proceecUngs on the 
indictment may be had against him, by that name, refer- 
ring aJso to the name by whicli he is indicted. 

{ 311. Time to answer indictments— If, on the 

arraignment, the defendant require it, he must be 
allowed until the next day, or such further time may be 
allowed him as the court deems reasonable, to answer 
the indictment. 

5 312. Answering indictment. — In answer to the 
indictment, the defendant may either move the court to 
set the same aside, or may demur or plead thereto. 

Defendant cannot plead that n*and jury was irreiralarly 
organized. Peo. v. Dolan, Han, 232; S. C, ib., 493; 64N.T., 485. 
See Hope v. Peo., 11 W. D., 386 ; Peo. v. Briggs, 60 How., 17. 

CHAPTER V. 

SBTTnra asdob thb indictment. 

2$£C. 813. Indictment, when set aside on motion. 

814. Defendant, when precluded firom objecting to indict- 
ment in any other manner. 

316. Motion, when heard. 

818. If denied, defendant must immediately demur or 
plead. / 

817. If granted, defendant discharged, unless the case be ' 

submitted to the same or another grand jury. 

818. Effect of order for re-submission. 

819. When new indictment not lound. 

320. Order to set aside indictment, no bar to another prose^ 
cution. 

6 313< Indictment, t^hen set aside on motion. — ^The 
inoictment must be set aside, by the court in which the 



J 



a 314-318. SETTING ASIDE INDICTMENT. 86 

defendant is arraigned, and upon his motion, in either 
of the following cases : 

1. When it is not found, indoi-sed and presented, as 
preecribed in sections 268 and 1272 ; 

2.* When a person has been permitted to be present 
during the session of the grand jury, while the chai-ge 
embraced in the indictment was under consideration, 
except as pitn-ided in sections 262, 263 and 264. 

What Bafficient flrand jury. Peo. v. Dolan, 6 Hun. 232 . ib.. 
493 ; 6t N. Y., 405; Peo. v. Peti», 30 Hun, 98, s c, 92 N. Y ,128: 
Peo. ». Fitzputrick, 80 Hun, 493 ; Peo. v. Clewes, 57 How., Pr., 
245; Peo. v Vail, ib.,8l; Peo. v. Moore, 65 id , 177; Peo.v. Brigg, 
60 id., 17; Peo. v. bhattuck, 6 Abb., N. C, 8). 

$ 314. Defendant, "v^hen concluded. — If the motion 
to set aside the indictment be not made, the defendant is 
precluded from afterward taking the objections men' 
tioned in the last section. 

See Brotherton V. Peo., 75 K. Y., 159. 



} 315. Motion, when heard. — The motion to set 
aside an indictment must be heard at the time of the 
arraignment, unless, for good cause, the coui't postpone 
the hearing to another time. 

} 316. When to demur or plead. — If the motioi^ 
be denied, the defendant must ipimediately answer the 
indictment, either by demurring or pleading thereto. 



§ 317. Indictment set aside. — If the motion be 
grante<l, the court must order that the defendant, if in 
custody, be discharged therefrom, or if under bail, that 
his bail be exonerated, or if he have deposited money 
instead of bail, that the money be refunded to him ; 
unless the court direct that the case be i-e-submitted to 
the same or another grand juiy. 

} 318. Bffect of order for re-aufamission. — If the 

court direct that the case be i*e-submitted, the defend- 
ant, if already in custody, must so remain, unless he be 
admitted to bail; or if already admitted to bail, or 
money have been deposited instead thei*eof, the bail or 
money is answerable for the appearance of the defend- 
Mint to answer a new indictment. 



87 DEMURRER. §§ 319-32SL 

{ 319. When new^ indictment not found. — Unless 
a new indictment be found, before the next grand jury 
of the county or citv is discharged, the court must, on 
the dischai'ge of such grand jui*y, make the order pre- 
scribed by section 317. 

& 320. Order to set aside indictment not a bar. — An 

order to set aside an indictment, as provided in this 
chapter, is no bar to a futui'e prosecution for the same 
offeaae, 

CHAPTER VI. 

DBHUBBER. 

Sbo. 821. Only pleading for defendant, is demurrer or plea. 
8^ Deinorrer or plea, when put in. 

323. Grounds of demurrer. 

324. Demurrer, how put in, and its form. 
825. When heard. 

^6. Judsment on demurrer. 

827. If aUow<$d^ judgment a bar to another prosecution, 

unless direction that the case be re-submitted to the 

same or another grand jury. 
936. If re-submission not ordered, defendant discharged. 
329. Proceedings, if re-submission ordered. 
830. If demurrer disallowed, defendant may be permitted 

to plead. When he must do so, and effect of his 

omission. 
881. When objections, forming ground of demurrer, may 
be taken at the trial, or in arl*est of judgment. 

4 321. Defendant's pleading. — The only plea(Ung on 
the part of the defendant is either a demurrer or a plea. 

) 322. Demurrer or plea, when put in. — Both the 
demun*er and the plea must be put in, either at the 
time of the arraignment, or at such other time as may 
be allowed to the defendant for that purpose. 

(323. Qronnds of demurrer. — The defendant may 
demur to the indictment, when it appears upon the face 
thereof, 

1. That the p^nd jury, by which it was found, had 
no legal authority to inquire into the crime charged, by 
reason of its not being within the local jurisdiction of 
the county ; or 



§§ 824-329. JUDGMENT ON DEMURRER. 88 

2. That the indictment does not conform substantially 
to the requirements of sections 275 and 276 ; or 

3. That more than one crime is charged in the indict- 
ment within the meaning- of sections 278 or 279 ; or 

4. That the facts stated do not constitute a crime ; or 

5. That the indictment contains matter, which, if true, 
would constitute a legal justification or excuse tor the acts 
charged, or other legal bar to the prosecution. 

§ 324. Demuxrer, and its form. — The demurrer must 
be in writing, signed either by the defendant or his 
counsel, and filed. It must distinctly specify the grounds 
of objection to the indictment, or it may be disregarded. 

} 325. When heard-^Upon the demurrer being filed, 
the objections presented thereby must be heai-d at such 
time as the com*t may appoint. 

§ 326. Judgment on demurrer^^ — The court must give 
judgment upon the demun'er either allowing or disallow- 
ing it ; and an order to that effect must be entei'ed upon 

the minutes. 

When defeudant can appeal. Peo. v, Beman, 22 Hon, 283. 
No amendment Peo. v. Poucher, 30 Him, 676. 

$ 327. If allowed, when a bar^ — If the demurrer be 
allowed, the judgment is final upon the indictment demur- 
red to, and is a bar to another prosecution for. the same 
offense, unless the coui»t, being of opinion that the 
objection on which the demurrer is allowed may be 
avoided in a new indictment, direct the case to be re-sub- 
mitted to the same or another grand jury. 

$ 328. When defendant to be discharged. — If the 

court do not direct the case to be rfe-submitted, the de- 
fendant, if in custody, must be discharged, or if admitted 
to bail, his bail is exonerated, or if he have deposited 
money instead of bail, the money must be refunded to him. 

} 329. Proceedings on re-submission. — If the court 
direct that the case be submitted anew, the same pro- 
ceedings must be had thereon as are prescribed in sec- 
tions 318 and 819. 



/ 



89 DEMURRER. PLEAS. §§330-382. 



! § 330. If denmrrer disallowed. — If the demurrer be 

} disallowed^ the court must permit the defendant, at his 

Section, to plead; which he must do forthwith, or at 
I such time as the court may allow. If he do not plead, 

judgment must be pronounced against him, if the crime 

charged is a misdemeanor, otherwise a plea of '* not 

£^1y " must be entered. 

§ 331. What otjections, fozming ground of demuzrer, 
I may be taken after. — The objections mentioned in sec- 

. tion 323 can only be taken by demurrer ; except that the 
objection to the jurisdiction of the court over the subject 
of the indictment, or that the facts stated do not consti- 
tute a crime, iuay be taken at the trial, under the plea 
of not gidlty, and in arrest of judgment. 

CHAPTER Vn. 

PLBA. 

SBC 832. The diiferent kinds of pleas. 
833. Flea, how put in. 
334. Its form. 
836. Plea of arallty, how pnt in. 

836. Plea of insanity. 

837. Plea may be withdrawn, by permission of the court. 

338. What is denied by a plea of not guilty. 

339. What may be given in eyidence under it. 
840, 341. What is deemed a former acquittal. 
842. If defendant refuse to answer indictment, plea of not 

guilty to be entered. 



§ 332. The different pleas.— There are three kinds of 
pleas to an indictment ; a plea of 

1. Guilty ; 

2. Not guilty ; 

3. A former judgment of conviction or acquittal of the 
crime charged ; which may be pleaded either with or 
without the plea of not guilty. 

Sub. 8, Former trial an d conviction , without Judgment is a bar. 
Shepherd v. Peo.,25 N. Y.,406. See also as to pleas iubar. 
Peo. V. Barrett, 1 Johns. Cas., 6B ; Id. v. Olcott, 2 id., 6G ; Peo. 
9. Cramer, 6 Pal., 171 ; Peo. v. McCloskey, lb., 67 ; Peo. v. Saun- 
ders, 4 id., 196 ; Peo. v. Warren, 1 id., 338 ; Peo. v. Allen, 1 id., 
44^ ; Peo. v. Yan Eeuren. 6 id., 66 ; Peo. v. Kramer, 4 id., 217 ; 
Peo. V. Townsend, 3 Hill, 479; Peo. v. Kramer, 1 Sheld, 549; 
Gardner v. Peo., 6 Park, 16S, 190 ; Peo. v. Casborus, 13 Johns., 
861. Where wrong Judgment rendered on regular conviction. 



f 



${ 333-337. FORM OF PLEAS. 90 

cannot retry. Shepherd v. Peo., 25 N. T., ioe ; Imt may reqiit 
record and resentence. Hussy v. Peo., 47 Bar., 603. When 
former Jadgment reversed, new indictment ma/ be fonnd. 
KeUy V. Peo.» 6 Hun 500. See Pco. v. Buloff, 5 Park. , 77. What 
is Jeopardy ? Canter v. Pco , 1 Abb. Dec, 305 ; Bums v. Peo.» 
1 Park., 182 ; Peo. v. Comstock, 8 Wend., 549 ; O'Connell v. Peo., 
62 How. P. R., 436, affd. Ct. App. : Crafts. Peo., 15 Hun, 484. In- 
sufficiency of eiridence no plea. Hope v. Peo., 83 N. Y., 418. 



{ 333. Plea, how pat iiu — Every plea must be oral, 
and must be entei'ed upon the minutes of the court. 

$ 334. Fornix — Tho plea must be entered in sabstan- 
tiiuly the following form : 

1. K the defendant plead guilty to the crime charged 
in the indictment, '*tne defendant pleads that he is 
guilty;" 

2. If he plead ^fuilty to any lesser crime than that 
charged in the indictment, '* the defendant pleads guilty 
to the crime of** — (naming it). 

3. If he plead not guilty, ** the defendant pleads not 

fiToilty." 

4. If he plead a former conviction or acquittal : " the 
defendant pleads, that he has already been convicted 
(or acquitted, as the case inay be), of the crime chai*ged 

in this indictment, by the judgment of the com-t of 

(naming it), rendered at (naming the place), on the 

day of ." 

$ 335. Plea of guilty. — A plea of guilty can only 
be put in by the defendant himself in open cburt, except 
upon an indictment against a coi7[>oration ; in which 
case, it may be put in by counseL 

$ 336. Plea of inaanity. — Whenever a person, in 
confinement under indictment, desires to offer the plea 
of insanity, he may present such plea at the time of his 
arraignment, as a specification under the plea of not 
guilty. 

Prisoner is entitled to benefit of any reasonable doubt as to 
his sanity. Brotherton v, Peo., 76 N. Y., 108 ; Peo. v. McCann, 
16K. Y.,76. 

$ 337. Wlien plea may be withdrawn. ^ The court 
may in its discretion, at any time before judgment upon 
a plea of guilty, permit it to be withdrawn, and a plea 
f not guilty substituted. 



91 NOT GUILTY. BAR. }§ 338-342. 

} 338. What is denied b^ plea of not gidlty. — 

The plea of not gfuilty is a denial of every material alle- 
gation in the indictment. 

Former conyiction cannot be giyen under plea of not guilty. 
Peo. V. Benjamin, 2 Park., 201. 



& 339. "Wliat may be given in evidenoe under it. — 

All matters of fiEict, tending to establish a defense, other 
than that specified in the third subdivision of section 
33% may be given in evidence under a plea of not gidlty. 



} 340. Wliat is not deemed a foxmer acquittal — 

If the defendant were formerly acquitted on the ground 
of a variance between the indictment and the proo^ or the 
indictment were dismissed upon an objection to its form 
or substance, without a jadgment of acquital, it is not 
denned an acquittal of the same offense. 

{ 341. What is deemed a fomer acqTdttaL — When, 
however, the defendant was acquitted on the merits, he 
is deemed acquitted of the same offexise, notwithstanding^ 
a defect in form or substance, in the indictment on which 
he was acquitted. 

Former acquittal presumed to be on merits. Croft r. Peo., 1^ 
Hun, 484. 

( 342. If defendant refixse to answer indiot> 
ment. — K the defendant refuse to answer an indictment, 
by demurrer or plea, a plea of not guilty must be entered. 



CHAPTER Vm. 

SmiOVAL OF THB ACTION, BBFOSB TRUL. 

BiBC. 8l!^ Existing writs and proceedings, to remove indictment 
before trial abolished. 
S44. When, and in what cases, indictment may be removed 
before trial. 

845. If former trial were had. Indictment may be.remoyed 

before the new trial . 

846. Application for removal, how made. 

847. Stay of trial, how obtamed, to enable defendant to 

apply fbr removal. 



§} 34a-346. WRITS ABOLISHED. 92 

6bo. 848. Decision on application for stay, to be indorsed on 
papers and nled. 
849. If application for stay be denied, no other application 
can be made. 

860. Violation of last section, a misdemeanor and con- 

tempt, and order of removal to be vacated. 

861. Order of removal to be filed, and pleadings and pro- 

ceedings to be transmitted. 
852. Proceedings on removal, if defendant be in custody. 
863. Order for removal must be filed, before a Juror Is 

sworn . Authority of the court to which indictment 

is removed. 

§ 343. Eziatdng writs and proceedings, to remove 
indictment before trial abolished. — All wiits and 
other proceedings heretofore existing, for the removal; 
upon the application of the defendant, of criminal actions 
prosecuted by indictment, from one court to another 
before trial* are abolished. 

§ 344. When and in -what cases^ indictment may 
be removed before triaL — A criminal action, prose- 
cuted by indictment, may, at any time befoi^e trial, on 
the application of the defendant, be removed from the 
court in which it is pending, as provided in this chapter, 
in the following cases : 

1. Fix)m a court of sessions or a city coui-t, to the court 
of oyer and terminer of the same comity, for good cause 
shown ; 

2. Prom a court of oyer and terminer or sessions, or a 
dty coui"t, to the court of oyer and terminer of another 
county, on the ground that a fair and impartial trial can- 
not be had in the county or city where the indictment is 

pending. 

Peo. V. Sessions, 62 How. P. E., 415 ; Thompson v. Peo.,6 Hun, 
135 ; Bolan v. Peo. ib., 498 ; s. c, 64 X. Y., 4^. 

• 

}345. If former trial, how removed. — If one or 

more tidals be had, and a new tnal is necessary, either 
by reason of the dischai'ge of a jury without a verdict, 
or of the granting of a new trial, the removal may be 
allowed at any time before the new triaL 

§ 346. Application for removal. — The application for 
t^e order of removal must be made to the supreme 
Tourt, at a sx>ecial term in the district, upon notice of at 

ast ten days to the district attorney of the comity 



93 STAT OF PROCEEDINGS. J} 347-351. 

where the iudicfmeut is pending, with a, copy of llie 
affidavits or otber papers on wiiicb the applicatiOQ is 
founded. 

Wliat nffldavils iDaat contnin. Peo. V. Boiline, 7 Hill, I4T ; 
Peo, p. h. I. It. 11. (Jo., 4 Park., «H; Peo. u. Hiirri*. * Don,, 
ISO ; Peu. V. Bakar, S Pnrk., 1^1 ; Feo. r. SaiDmld, 3 Hun, MU. 

J 347. Stay, how obtained, to apply for removal. — 

To enable the defendaDt to make the aj iplication, a. 
judge of the supreme court may, in hia discretion, upon 
gtiod cauBe ehcwn by affidavit, make an oMer staying 
the trial of the indictment, until the application can lie 
made and decided. 

§ 348. SeoiBion on Bp|dioation for itay. — When an 

applieation/or an onier to stay the trial is mwde to the 
supreme conrt, it must indorse its decision on the affida- 
Vila or other papers presented, and cau^e them in be 
immediately filed with the clerk of the court, in which 
the inilictment is pending'. 

{ 349. But one application can b« mada — If the 

application for an order to slay the trial haa been maile 
before one judge and denied, a similar application can- 
not be made to another judge. 

$ 350, Violation of last sactlom — A violation of the 
last section ie punishable not only as a nuHdcmeanor, but 
aa a contempt of the court in which the inilictment is 
peniiing ; and that codrt must vacate an order of removal 
made in violation thereof. 

§ 351. ProoeedingB on order of removaL — If the 

supreme coui-t or<lef t!ie removal of the action, a cer- 
tified copy of the order for that purpoao must be deliv- 
ered to and tiled with the clerk of the court where 
the indictment ia pending! "ho must thereupon trans- 
mit the same with the pleadings and proceedings in 
the action, including all underlahmgs for the appearance 
of the defendant or of the witnesses, or a certifieii 
copy of the aame, to the coori, to which the action is 
removed. 



$$862-355. STAT. ISSUBS. 94 

§ 352. Id. I if defendant be in cnitody. — ^If the defend- 
ant be in custody, and the removal be to the coort of 
oyer and terminer of another county, than that whei^ 
the indictment is pending, the order must provide for 
the removal of the defendant, by the sheiiff of the 
county where he is imprisoned, to the custody of the 
proper officer of the county to which the action is 
removed; and he must be forthwith removed accord- 
ingly. 



6 353. When ordear for removal must be filed. — An 

order for the i-emoval of the action is of no effect, 
unless a certified copy thereof be filed, as required by 
section 351, before a juror is swoi*n to try the indict- 
ment. "When thus filea, the court to which the action 
is removed, must proceed to trial and judgment therein. 

Loomis V. Peo., 19 Han, 601. 



.TITLE VI. 

Cf the Proceedings on 1M Indicfynent, btfore JHaL 

Chafteb I. The mode of trial. 

IL Formation of the trial Jury. 
III. Challenging Ihejary. 

CHAPTER L 

THB MODB OF TpIAL. 

Seo. 351. Issue of fact, defined. 
S55. How tried. 

356. Appearance. 

357. Preparation for trial. 

§ 354. Issue of fsict, defined. — An issue of fa/at arises, 

1. Uix)n a plea of not guilty ; or 

2. Upon a plea of a former conviction or aoqidttal of 
the same crime. 

$ 366. How Tried. — An issue of fact must he tric^ 
by a jury of the county in which the indictraent was 
found, unless the action be removed, by order of the 
supreme court, into the court of oyer and terminer of 



\. 



k 



95 TRIAL. GHALLBNGBS. §§366-858. 

another county, as provided in the second sabdiyiBion 
of section 844. 



§ 356. Appearanoa — ^If the indictment be for anais- 

, demeanor, the trial may be had in the absence of the 

defendant, if he appear by counsel ; but if the indictment 

be for a felony, the defendant must be pei-sonally present. 

Presence in connecting room. Peo. v. Bragle, 88 N. Y., 685 ; 

8. c, 26 Hun, 378. 

§ 3$7. Preparation for trlaL— After his plea, the 
d^endant is entitled to at least two days to prepare for 
his trial, if he require it. 

Postponement on account of absent witnesses. People v. 
Termilyea, 7 Cow., 369. Affldavits therefor, what to contain. 
Broad's Case, 3 C. H. Bee, 7 ; Peo. v. Wilson, 3 Park. 199; 
Peo. V. Horton, 4 ib., 222. No exception lies to reflisal to post- 
pone trial for witnesses. Highmy v. Peo . , 79 K. Y., 646. 

CHAPTER IL 

FOBMATIOK OF THB TRIAL JUBT. 

Sec. 858. Jurors in criminal oonrts. 

§ 358. Jurors in criminal courts.— The trial jury is 
formed, as prescribed by the Code of Civil Procedure. 

Qualiflcations of trial Jnrors. Code of ci vil procednre, i $ 1027- 
1062 inclusive. Formation of the Jury, lb., M 1163-1180; lb., $$ 
1190, 3380, 3361. Alien not entitled to special Jary. lb., i 1190. 
Trial Inrors in Kings county, lb., H 1«», 1126-1162, 1174, 1191. 
Trial Inrors in city and connty of Kew York, lb., $$ 1029, 1079> 
1125, 1174, 1191. LegiBlatore may regulate manner of procuring 
ury. Stokes ff. Peo., 53 N. Y., 164; Gardner v. Peo., 6 Park., 
i55. Mere irregularities in drawing jury, not prejudicial, no 

S'ound of error. Cox v. Peo., 80 N. Y., 500 ; Peo. v. ;Petrea, 30 
un, 98 ; s. c, 92 N. Y., 128. 



i; 



CHAPTER m. 

CHALLBNOINO THH JURY. 

8EO. 859.]>efinition and division of challenges. 

860. When there are several defendants, they must unite in 

iheir challenges. * 

861. Challenge to the panel, defined. 

862. UfMn what fonnded. 

863. When and how taken. . ] 

864. If sufficiency of the foots be denied, adverse party ■ 

may except. Exception, how made and tried. 



' 



a 359-362. CHALLENGES. 9e 

8bo. 965. If exception overroled, court may allow denial ot 
challen^^e. If allowed, may permit challenge to be 
amended. 
866. Denial of chaUenge, how made, and trial thereof. 

967. Who may be examined on trial of challenge. 

968. If challenge allowed, jury to be discharged. If dis- 

allowed, juiy to be impaneled. 
868. Defendant to be informed ot hia right to challenge aa* 
individual Juror. 

370. Kinds of challenge to individual Juror. 

371. Challenge, when taken. 
872. Peremptory challenge. 

373. Number of peremptory challenges. 

874. Definition and kinds or challenge for cause. 

875 General causes of challenge. 

876. Particular causes of challenge. 

877. Grounds of challenge for implied bias. 
378. Grounds of challenge for actual bias. 
879. Exemption, not a ground of challenge. 

380. Causes of challenge, how stated. 

381. Exceptions to chaillen^ and denial thereof. 
882. Challenge, how tried, if denied. 

383. Juror challenged may be examined as a witness. * 

884. Rules of evidence on trial of challenge. 

386. Challenges, first by defendant and then by the people. 

386. Order of challenges. 

387. Jury to be sworn, etc. 

§ 359. Definition and division of ohallengea. — A 

challenge is an objectioa made to trial jurors, and is of 
two kinds : 

1. To the panel ; 

2. To an individoal juror. 



{ 360. Challenges on joint trials. — ^When several 
defendants are tried together they cannot sever their 
challenges, but must join therein. 

$ 361. Challenge to the panel, defined. — A chal- 
lenge to the panel is an objection made to all the trial 
jurors returned, and may oe taken as well to the panel 
returned for the term, as to an additional panel oraered 
to complete the jury. 

Prisoner can waive challenge to the array after it is allowed* 
Pierson v, Peo., 79 N. Y., 424. 



$ 362. Upon "oirhat founded. — A challenge to the 
panel can be founded only on a material departure, to 



97 CHALLENGES. $$ 363-367. 

the prejiidice of the defendant, from the foims prescribed 
"by the Code of Civil Procedure, in respect to the di*awin^ 
and return of the jury, op on the intentional omission of 
the sheriff to summon one or more of the jurors drawn. 

§ 363. "When and how taken^ — A challenge to the 
panel must be taken befoi*e a juror is sworn, and must 
be in writing, specifying distinctly the facts constituting 
the ground of challenge. 

A challenge in the altematiTC is bad. Cox v. Feo., 19 Han, 
430. 

$ 364. If BiifElciency of the facta be denied.— If 

the sufficiency of the facts alleged as a ground of chal- 
lenge be denied, the adverse party may except to the 
challenge. The exception need not be m writing, but 
must be entered upon the minutes of the court; and 
thereupon the court must proceed to try the suflficiency 
of the challenge, assuming the facts alleged therein to 

be true. 

Cox V. Peo., 19 Han, 430 ; 80 N. Y., 500. 

$ 365. Court, may afterwards, allow withdrawal 
of exception or amendbient to challenge. — If, on the 

exception, the court deem the challenge sufficient, it may, 
if justice require it, permit the party excepting,to with- 
draw his exception, and to deny the facts alleged in the 
challenge. If the exception be allowed, the court may, 
in hke manner, permit an amendment of the challenge. 

§ 366. Denial of challenge, how made, and trial 
thereoC — If the challenge be denied, the denial may, 
in like manner, be oral, and must be entered upon the 
minutes of the court ; and the court must proceed to try 
the question of fact. 

§ 367. VTho may be examined on trial of chal- 
lenge. — Upon the trial of the challenge, the officers, 
-whether judicial or ministerial, whose irregularity is 
complained of, as well as any other persons, may be 
examined to prove or disprove the facts alleged as the 
^pronnd of the challenge. 

7 



{(868-373. CHALLENGES. 96 

} 368. Detenniiiation of challenge. — If, either 
upon an exception to the challenge, or a denial of the 
fiustSy the challenge be allowed, the court must discharge 
the Jury, so far as the trial of the indictment in question 
is concerned. If the challenge be disallowed, the court 
must direct the jury to be impaneled. 



( 369. Defendant to be Infoimed of his sight to 
challenge. — Before a juror is called, the defendant 
must be informed by the court, or under its direction, 
that if he intend to challenge an individual juror, he 
must do 80 when the juror appears, and before he is 
sworn. 



$ 370. Challenges to Jnror. — A challenge to an in- 
dividual juror may be taken either by the people or by 
the defendant, and is either 

1. Peremptory, or , 

2. For cause. 



$ 371. Challenge when taken. — A challenge must 
be taken when the jm*or appears, and before he is 
sworn; but the court may, in its discretion, for good 
cause, set aedde a juror at any time before evidence is 
given in the action. 

See Feo. v. Damon, IS Wend., 851. 

(372. Peremi^toxy challenge.— A peremptory chal- I 

lenge is an objection to a juror, for which no reason need I 

be given, but ui>on which the court must exclude him. 

Friery «. Pao., 3 Keyes, 4a&. 

$ 373. Id. \ number o£-~ Peremptory challenges must 
be taken in number as follows : 

1. If the crime charged be punishable with death, 
thirty; 

2. If punishable with imprisonment for life, or for a 
term of ten years or more, twenty ; 

8. In all other cases, five. 



^ CHALLENGE FOR CAUSE. }$ 374-37i» 

§ 374. Challenge for oauee. — A diallenge for caose 
is an objection to a particular juror, and is either, 

1. Gkoieraly that the juror is disqualified from Berving 
in any case; or 

2. Particular, that he is disqualified from serving in 
the case on triaL 

§ 375. General oanses of ohaUensa — General 

causes of challenge are, 

1. A conviction for a felony ; 

2. A want of any of the qualifications prescribed by 
fhe Code of Civil Frocedure, to render a person a com- 
petent juror. 

Snb. 2. General provisions. qnaMcatioiis of trial Jaror. Ck>de 
of Civ. Proo., ($ 1027, 1028. Disqualification of public officers. 
lb, » 1020. Qualifications in Kinffs county. lb., ^§1020, 1126. 
i^ualifloations in city and coonjty of New York. lb., ii 1029, 1079. 

$376. Particnlar cansee of challenge. — Particular 
causes of challenge are of two kinds : 

1. For such a bias, as, when the existence of the facts 
ia ascertained, does in judgment of law disqualify the 
juror, and which is known in this Code as implied bias ; 

2. For the existence of a state of mind on the part of 
the luror, in reference to the case, or to either party, 
whicD satisfies the court, in the exercise of a sound disci*e- 
Hon, that such juror cannot try the issue impai-tially and 
without prejumce to the substantial rights of the party 
challenging, and which is known in this Code as actusd 
bias. But the previotis expresaon or formation of an 
opinion or impression in reference to the guilt or inno- 
cence of the defendant, or a present opinion or impres- 
«ion in reference thereto, is not a sufficient ^^und of 
challenge for actual bias, to any person othei-wise legallv 
qualified, if he declare on oath, that he believes that such 
opinion or impression will not influence his verdict, and 
that he can render an impartial verdict according to the 
evidence, and the court is satisfied, that he does not en- 
tertain such a present opinion or impression as would 
influence his verdict. 

fiab. 2. See Thomas v. Peo., 67 N. T., 218 ; Peo. v. Mnllin, 3 
Mb. L,. J^ VSO; Greenfield v. Peo., 74 N. Y., 277 ; Phelps v. 
Peo., 6 Hon, 401 ; 72 if. T., 834 ; Manke v. Peo., 17 Hun, 410 ; 

Balbo V, Peo., 80 N.Y., 484 ; Cox v. Peo., ib. 500 ; Abbott v Peo., 
«6 N. T., 460 ; Peo. v. Coniette, 16 W. D., 442 ; Peo. v. Welch, 1 
N. y. C.B.,487. 



«f$ 377-379. CHALLENGE FOR BIAS. 100 

{ 377. Challenge for implied bias. — A challenge 
for implied bias may be taken for all or any (xf the fol- 
lowing causes, and for no other : 

1. Consangxiinity or affinity within the ninth degree* 
to the person alleged to be injured by the crime charged, 
or on whose comj^iunt the pi'osecution was institute^ or 
to the defendant-; 

2. Bearing to him the relation of guardian or ward, 
attorney or client, or client of the attoimey or counsel for 
the people or defendant, master or servant, or landlord 
or tenant, or being a member of the family of the 
defendant, or of the person alleged to be injured by the 
offense chai'ged, or on whose complaint the pi^osecution 
was instituted, or in his employment on wages ; 

3. Being a party adverse to the defendant in a civil 
action or having complained against, or been accused by 
him in a criminal prosecution ; 

4. Having served on the gi*and jury which found the 
indictment, or on a coronei'*s jury which inquii-ed into 
the death of a person whose death is the subject of the 
indictment ; 

5. Having served on a trial jniy, which has tried an- 
other person for the crime charged in the indictment ; 

6. Having been one of a jury formerly sworn to try 
the same indictment, and whose verdict was set aside or 
which was discharged without a verdict, after the cause 
was submitted to it ; 

7. Having served as a juror, in a civil action brought 
against the defendant, for the act charged as a crime ; 

8. If the crime charged be punishable with death, the 
entertaining of such conscientious opinions as would pre- 
clude his finding the defendant guilty ; in which case he 
shall neither be permitted nor compelled to serve as a 
juror. 

Sab. 1. See Cole v. Van Eenren, 61 How. Pr., 451. Sab. 8. See 
Peo. V. Damon, 13 Wend., 361. 

$ 378. Challenge for actual bias. — A challenp^e for 
actual bias may be taken for the cause mentioned m the 
second subdivision of section 376, and for no other cause. 

$ 379. Exemption. — ^An exemption from service on & 
jury is not a cause of challenge, bat the privilege of the 
person exempted. 



101 TRIAL OF CHAiLENGE. §5 3S0-335." 

General gronnda of exemption. Coiie of Civ. Proc. H 1030, 
lOSI. M. in KinsJ coQuiy. It),. jnii7, 11-23. W, in city and 
county of New Xoi-k. 11)., H lOsl, lOBi, Seo Peo. r. Moriaaej, 1 

i 380. Statement of challenge. — In a challenge for 
implied bias, one or more uf Uie causes stated in sectioa 
377 must be nJleged. In a, cballen^ fnr actual bias, the 
cause stated in the second subdivision uf seclion 37(i nmst 
be alleged. la either ca^e, the challenge may be or^l, 
but must be entered upon the minutes of tlie courli; ■ . 
See Frcemiin v. peo., tl>en.,l^. 

i 381. Exoepttona to . ,c^4UAi^.'— The adverse 
pHj^ may except to ihs chalieng-e, ia the same mnmier 
as to a. cnallengH faifh^ptinel; and the same proceed- 
inga nrnet be had ihci-eon, as preaciilied in section 364, 
except that, if the challenge be allowed, the jnror must 
be excluded. The adverse pai-ty may also orally dony 
the Gicta alleged as the ground of clialtenge. 

^ 382' Challenge, ho'w tried. — If the facts be de- 
nied, the cJudlenge must be tj'ied by the court whirh 
lauHt either allow or disallow the same and direct an 
entiy accordingly on the minutes. If the challenge be 
allowed, the juror must be discharged, 

$ 3B3. JnJor challenged may be examined. — Upon 
the trial of a challenge to an individual juror, the juror 
challenged may be examined as a witness, to prove or 
disprove the challenge ; and ia bound to answer every 
question jiertinent to the inquiry therein. 

5 38^ Rnlea of eTidenoo. — "Other witnesBes maj- 
also be examined on either side ; and the roles of evi- 
dence applicable t« the trial of other issues, govern the 
admission or eiclnmon of testimony, on the tiial of the 
challenge. 

S 38S. Ord*r <rf ohallenges. — Challenges to au indi- 
vianal jaror must be taken, hrst by the people aod then, 
by the defendant. 



{$38G-^87. CHALLENGES JURT. 103 

{ 386. Order of challftngea — Challenges of either 
piuiiy must be taken : 

1. To the panel. 

2. To an individual juror, for a general disqualification. 

3. To an individual juror, for implied bias. 

4. To an individual juror, for actual bias. 

5. Pei'emptoi'y. 

( 387. Jury to be sworn, etc. — ^The first twelve per 
tx>n^ who appear, as their names are drawn and called 
wljiD^kre proved as indifferent between the parties, and 
ai^^not mscharged or excused, must be sworn ; and con- 
stitute the jury to trv the issue. 

Improper {reabu^t pf aJ^roi: by court, ground for new triaL 
Peo. ex rel. Flaherty 9. NmlaQl^j 22 ^^» 1* 



TITLE VII. 

CffhetridL 

Chaftbb I. The triaL 

II. Conduct of the Jury, after the cause \b submitted to 

them, 
m. The verdict. 

CHAPTER L 

THB TRIAL. 

SlBO. 888. In what order trial to proceed. 

888. Defendant presumed innocent, until contrary proved. 
In case or reasonable doubt, entitled to acaoiltal. 

390. When reasonable doubt of which degree he Is guilty^ 

he mubt be convicted of the lowest. 

391. Separate trial of defendants jointly indicted 

392 Rules of evidence in civil cases applicable in criminal 
cases.except where otherwise providedin this Code. 
893. Defendant as witness. 
394. Compensation of witness. 

895. Confession of defendant, when evidence, and its effect. 

896, 397. Evidence on trial for treason. 
398. Evidence on trial for conspiracy. 

890. Conviction cannot be had on testimony of accomplioe^ 

unless corroborated 
400. If testimony show higher crime than that charged... 

court may dischar^ JaiT» and hold defendant t(> 

answer a new indictment. 



103 ORDER OF TRIAL. § 388. 

Sbg. 401. If new indictment not foond, defendant to be tried oa 
the original indictment. 

402. Coartmaydischarge jury, where ithasnotJnriBdiction 

of the olEense, or the factd do not constitate aa 
offense. 

403. Proceedings, if jary discharged for want of lurisdie- 

tion of the offense, when committed out of the state . 
404-407 . Proceedings in such case, when offense commlited 

in the state. 
408, 409. Proceedings, if Jnry discharged because the facts 

do not constitate an offense. 

410. When evidence on either side is closed, coui*tmay ad- 

vise acquittal . Effect of the ad vic^e . 

411 . View of premises, when ordered, and how condacted . 

412. Duty of officer as to Jury. 

413. Knowledge of juror, to be declared in court, and Juror 

to be sworn as witness. 

414. Jnrors may be permitted to separate during the trial. 

If kept together, oath of the officers 

415. Jnrors not to converse to||[ether on the subject of the 

ti-ial, nor form an opinion until the cause is sub- 
mitted. 

416. Proceedings, where Jnror becomes nnable to perform 

his duty before conclusion of trial. 

417. Court to decide questions of law arising during trial. 

418. On indictment for libel, jury to determine law and 

fkct. 

419. In all other eases, court to decide questions of law» 

subject to right of defendant to except. 

420. Charge to Jury. 

421. Jmry may decide in court, or retire in the onatody of 

officers : oath of the officers. 

422. When defendant on bail appears for trial, he may be 

committed. 

§388. In what order trial to proceed. — The Jury hay- 
ing been unpaneled and swox*n, the trial must proceed 
in the following order : 

1. The district attorney, or other counsel for the peo- 
ple, must open the case, and offer the evidence in sup- 
port of the indictment ; 

2. The defendant or his counsel may then open his 
defense, and offer his evidence in support thereof; 

3. The parties may then, respectively, offer rebutting 
testimony, but the court, for good reason, in furtherance 
of Justice, may permit them to offer evidence upon their 
original case ; 

4. When the evidence is concluded, unless the case is 
sabmitted to the juiy on either side, or on both sides, 
without argument, the defendant or his counsel must 
conunence, and the counsel for the people conclude the 
argument to the jury ; 



§} 389-394. DEFENDANT'S RIGHTS ON TRIAL. 104 

5. The court must then charge the jury. 

Withdrawal of luror. Peo. v. Barrett, 2 Cai., 304; Grant v 
Peo., 4 Park., 627. See McFall v. Peo., 18 Hun, 382 ; Babcock v. 
Peo., 16 Hun, 347 ; Peo. v. Lopez, 2 Edm. S. C, 262. 

§ 389. Defendant presumed innocent. — Reasonable 
doubt. — A defendant in a ciiminal action is presumed to 
be innocent, until the contrary be proved ; and in case 
of a reasonable doubt whether hia g^t is satisfactoiily 
shown, he is entitled to an acquittal. 

Applies to mental responsibility. O'Connell v. Pec, 871^. Y., 
377. When burden with prisoner. Bradford v. Peo., 20 Hun, 
809. Extent of doubt. Toole v, Peo. ,80 N.Y., 616 ; Jjejyv. Peo., 
80 ib., 327 ; Mayor v. Peo. ib., 364 ; Murphy v. Peo., 4 Hun, 102. 

§ 390. Reasonable doubt as to degrees. — When it 
appears, that a defendant has committed a crime, and 
thei*e is reasonable ground of doubt, in which of two or 
more degrees he is guilty, he can be convicted of the 
lowest of those degi-ees only. 

§ 391. Separate trials on Joint indictment. — When 
two or more defendants are jointly indicted for a felony, 
any defendant requiring it, must be tried separately. In 
other cases, defendants, jointly indicted, may be ti*ied 
separately or jointly in the discretion of the court. 

Where four are Jointly indicted, three of them cannot insist 
upon the fourth being tried with them. Armsby v. Peo., 2 S. C, 
167 : Kelley v Peo., 66 N. Y., 666. District attorney determmes 
order of separate trials. Patterson v. Peo., 46 Bmrb., 626. May 
demand after jury emnanelled. 16 Hun, 347. Witnesses against 
each other Peo. v. satteiiee, 6 Hun, 167 ; Taylor v. Peo., 12 
lar, 212 ; for each other, Peo. v. Dowling, 84 N. Y., 478. 

§ 392. Rules oi evidence. — The rules of evidence in 
civil cases are applicable also to criminal cases, except 
as otherwise provided in this Code. 

§ 393. Defendant as witness. — ^The defendant in all 
cases may testify as a witness in his own behalf, but his 
neglect or refusal to testify does not create any presump- 
tion against him. 

Cross-examination of defendant. Peo. r. Crapo, 76 N. Y., 288; 
Peo. V. Genet, 19 Hun, 91. See Stoyer v. Peo., 66 N. Y., 815; 
Newman v. Peo., 63 Barb., 630; Peo. v. Brandon, 42 N. Y., 
266 ; Connors v. Peo., 60 N. Y., 240 ; Peo. v, Casey, 72 N. Y., 398; 
Peo. V. Moett, 23 Hun, 60; Feo.v. Greenfield, 28 Hun, 464; 
Maine y. Peo., 9 Hun, 113. May testify as to intent. Kerraina 
V. Peo., 60 N. Y., 221. Failure to supply evidence. Brulo ». 
Peo., 16 Hun, 119 ; Peo. v. Hoyey, 29 Hun, 382; 92 N. Y., 664. 

§ 394. Compensation of witness. — ^The rules rs to the 
compensation of witnesses attending trials in criminal 
cases, prescribed by special statute^ are continaed as 
there defined. 



105 



EVIDENCE ON TRIAL. §§ 395-399. 



§ 395. Oonfession of defendant. — A confession of a 
defendant, whether in the coui-se of judicial proceedings 
or to a private person, can be given in evidence against 
him, unless made under the influence of fear produced 
by threats, or unless made upon a ; tipulation of the 
dlstiict attorney, that he shall not be prosecuted thei-e- 
for; but is not sufficient to waiTant his conviction, 
^thout additional proof that the crime chai*ged has been 
committed. 

What additional proof necessary. Peo. v. Henessy, 16 Wend. , 
147 ; Peo. v.- Badgley, 16 ib. , 53. Silence under accusation. Peo. 
V. Kelley, 55 N. Y., 665 ; Willett v. Peo., 27 Hun, 469 ; s. c, 1 N. 
Y. Cr.,355. 

$ 396. Evidence on trial for treason. — Upon a trial 
for treason the defendant cannot be convicted, except 
upon the testimony of two witnesses to the same overt 
act, or of one witness to one overt act, and another 
witness to a different overt act ot the same treason. 
But if two or more distinct treasons, of different kinds, 
be alleged in the indictment, two witnesses to prove 
different treasons are not sufficient to warrant a con- 
viction. 



§ 397. Id. — Upon a trial for treason, evidence cannot 
be admitted, of an overt act not expressly charged in 
the indictment; nor can the defendant be convicted, 
unless one or more overt acts be expressly alleged 
therein. ^ • 



? 



§ 398. Bvidence on trial for conspiracy.— Upon a 
trial for a conspiracy, in a case where an overt act is 
necessary to constitute the crime, the defendant cannot 
be convicted, unless one or more overt acts be expressly 
alleged in the indictment, nor unless one or moi*e of the 
acts alleged be proved ; but a.ny other overt act, not al- 
leged in the indictment, may be ^ven in evidence. 

IN. Y. Cr. L.,3S7. 

§ 399. Testimony of accomplice. — A conviction can- 
not be had upon the testimony of an accomplice unless 
lie be corroborated by such other' evidence as tends to 
connect the defendant with the commission of the crime. 
See Peo. w. Davis, 21 Wend^ 309 ; Peo. v. Costello, 1 Den., 83 ; 
Xindsav v. Peo., 6 Hun, 104 ; 63 N. Y., 143 ; Peo. v. Courtney, 28 
Hun, 689 ; Peo. v. Williams, 29 Hun, 520 ; Peo. v. Ryland, 28 
Hon, 668 ; Peo. v. Smith, ib., 626 ; Peo. v. Noelke, 29 Hun. 461. 



a 400-404. INDICTMENT. JURISDICTION. 106 

$400. Twrthnnny diowing higher ofinue.— If it 

appear by the testimony, that the facts proved consti- 
tute a crime of a higher nature than that charged in the 
indictment, the court may direct the jury to be dis- 
charged, and All proceedings on the indictment to be 
suspended, and may oi*der me defendant to be commit- 
ted, or continued on or admitted to bail, to answer any 
new incUctment which may be found against him for the 
higher offense. 

$ 401. If new indictment not found, to be tiled on 
the originaL — If an indictment fbr the higher crime be 
dismissed by the grand jury, or be not found at or before 
the next term, the court must again proceed to try the 
defendant on the original indictment. 



§ 402. Want of Jurladiotion. — ^The court may also 
direct the jury to be discharged, where it appears that 
it has not jurisdiction of the crime, or that the facts, 
aa charged in the indictment, do not constitute a crime. 



§ 403. ProceedingB, on discharge "oirhen beyond 
state jurisdiction. -^If the jury be discharged, because 
the coui*t has not juidsdiction of the crime charged in the 
indictment, and it appear that it was commiUed out of 
the juiisdiction of this state, the court may order the 
defendant to be discharged, or to be detained for a 
reasonable time specified in the order, until a communi- 
cation can be sent by the district attorney to the chief 
executive officer of the state, territory or district where 
the crime was committ^. 



$ 404. Proceedings -v^hen offense committed in 
the state. — If the crime were committed within the 
exclusive jurisdiction of another county of this state, the 



107 JURISDICTION. DISCHARGE. JJ 405-109 

court must direct the defendant to be committed for sui^h 
time as it deema reasonable, to await a warrant f ram the 
proper county for hia arrest ; or if the ciime be a, mis- 
demeanor only, it may admit him to bajl, in an mider- 
taiing:, with sufficient sureties, that he will, within such 
time as the couit may appoint, ap^iear in such conrt to 
await a watTant from the propei" county for hia arrest. 



5 405. Id. — In the caae provided for in the last section. 
the clerk must foi'lh with give notice to the cliatrict attorney 
of the proper county, that the defendant has been so com- 
mitted or held to bail 



S 406. Id. — If the defendant be not arrested, as pro 
vidediu section 404, on a warrant from the proi>er county, 
he must be dischar^d from custody, or hia bail in the 
action be eioaeratea, or money deposited instead of bail 
refunded, as the case may be ; and the sui'etiea in the 
undertaking mentioned in that section must be discharged. 



J 407. Id.— If the defendact be arrested, the same 
proceedings muat be had thereupon, as upon the arrest 
of a defendant in another county, on a warrant of arrest 
issued by a magistrate. 

$ 408. Froceedinga, on diacIiBrge becanse fiicta 
ooastltat« no offense. — If the jury be discharged, 
because the facts as charged do not conatitute a crime, 
the court must order the defendant, if in custody, to be 
discharged therefrom, or if admitted to bail, that his 
bail be eionerated, or if he have deposited money instead 
of bail, that the money deposited be refunded to him, 
unless in Ha opinion a new indictment can be framed, 
upon which tiie defendant can be legally convicted ; in 
which case, it may direct that the case be re-submitted 
to the same or axiother grand jury. 

CMev.Peo.,nS.Y.,sa. 

i 409. Id.— If the court direct that the case be enb- 
nutted anew, the same proceedings must be had Uiereon 
UB are prescribed in sections 318 and 319. 



}J 410-414. DUTY OP COURT. JUROBS. 108 

§ 410. Court may advise acqnittaL— •!( at any 

Hme after the evidence on either side is closed, the court 
deem it insufficient to warrant a conviction, it may advise 
the jury to acquit the defendant and they must follow the 
advice. 

See Babcock v. Peo., 15 Hnn 847 ; Case v. Pec, 6 Abb. K. C. 
161 ; HoweU v. Peo., 6 Hon., 620 ; 69 N. T., 607. 



$ 411. VieTKT of premises. — ^When, in the opinion ot 
the court, it is proper that the jury should view the place 
in which the crime is charged to have been committed, or 
in which any material fact occurred, it may order the 
jury to be conducted, in a body, under charge of proper 
officers, to the place, which must be shown to them by a 
judge of the court, or by a person appointed by the court 
for that purpose 

§ 412. Duty of officer. — The officers, mentioned in 
the last section, must be sworn to suffer no person to 
speak to or communicate with the jury, nor to do so 
themselves, on any subject connected with the trial, and 
to return them into court without unnecessary delay, or 
at a specified time. 

§ 413. Kno'^ledge of juror. — If a juror have any 
personal knowledge, respecting a fact ^ controversy in 
a cause, he must declare it in open court, during the 
trial. If, during the retirement of the jury, a juror 
declare a fact, which could be evidence in the cause, as 
of his own knowledge, the jury must return into court. 
In either of these cases, the juror making the statement 
must be sworn as a witness, and examined in the presence 
of the parties. 

§414. Jurors may separate. — Oath of the officers. 

— ^The jurors sworn to try an indictment may, at any 
time before the submission of the cause to the jury, in 
the discretion of the court, be permitted to separate, or 
be kept in charge of proper officers. Such officers must 
be sworn to keep the jurors together until the next meet- 



> 



109 CONDUCT AND RIGHTS OF JURY. §§ 415-419. 

ing of the court, to Emffer no person to speak to or 
commmiicate with them, nor to do so themselves, on any 
subject connected with the trial, and to return them into 
court at the next meeting thereof. 

§ 415. Conduct of jurors during trial. — The jury- 
must also, at each adjournment of the coui't, whether 
permitted to separate or kept in charge of ofiicera, be 
ac^onished by the court, that it is their duty not to 
converse among themselves on any subject connected 
with the trial, or to fonn or express any opinion thei*eon^ 
until the cause is finally submitted to them. 

§ 416. Where juror becomes sick. — If, before the 

conclusion of the trial, a juror becomes sick, so as to be 

unable to perform his duty, the court may order him to 

be discharged, and another jui'y to be then or aftei-ward 

impaneled. 

Tlral iDust be had by twelve jurors and defendant cannot 
waive riarht. Cancemi r. Peo., 18 N. Y., 128. Sleepy juror. 
Peo. V. Morlssey, 1 Sheld., 295. Exempt juror, lb. 

i 417. Court to decide questioiis of Islw, — The 

court must decide all questions of law which arise in the 
coui<se of the tiial. 

It is error to submit a question of law to the Jury. Oiaucus v. 
Black, 67 N.Y., 663. 

* 

6 418. Indictment for libel. — On the trial of an 
indictment for libel, the jury have the right to deter- 
mine the law and the fact. 

Art. 1, $ 8, N. Y. Const. 

$ 419. In all other cases, court decides questions 

of law. — On the trial of an indictment for any othei- 

crime than libel, questions of law are to be decided by 

the court, saving^ the right of the defendant to except ; 

questions of fact by the jury. And although the jury 

have the power to find a general verdict, which includes 

questions of law as well as of fact, they are bound, 

nevertheless, to receive as law what is laid down as such 

by the court. 

. SeePeo. V. Pine, 2Barb.,566. 



.$$ 420-422. GIVING CASE TO JURY. 110 

f 420. Charge to jnxy. — In ehajngifij? the jury, the 
<x>urt must state to them, all mattera of law which it 
thinks necesssay for their information in giving their 
verdict ; and must; if requested, in addition to what it 
may deem its duty lo say, inform the jury that they are 
the exclusive judges of all questions of fact. 

See Peo. v. Moet, 28 Hun, 00. Coart may limit argument. 
Peo. V. Kelley. 2 N Y. Cr. L., 16. Cannot direct verdict of 
^ilty. Howell v. Peo., 5 Hun, 620; 8. c, 60 N. Y ,607. Jurj' may 
inquire aa to punishment. Peo. v. Cassiano, 90 Hun, 388. Error 
how cured. Peo. v. Greenfield, 23 Hon, 454 ; s. c, 85 N. Y., 76. 

§ 421. Deliberation of jury. — After hearing the 4 

chai'ge, the jui*y may either decide in court, or may ' 

Tetu*e for deliberation. If they do not agree without 
Tetiring, one or mora officers must be swoi*n, to keep 
them together in some private and convenient place, and 
not to permit any person to speak to or communicate 
with them, nor do so themselves, unless it be by order 
of the court, or to ask them whether they have agreed 
Tipon a verdict, and to return them into coui't when 
they have so agreed, or when -ordered by the court. 

When fury separate without authority, may be discharged and 
new trial had. Peo. v. Beagle, 60 Bai'U., 527. 

} 422. "When defendant on bail appears for trial, 
lie may be committed* — When a defendant, who has 
given bail, appears for trial, the coui't mav, in its 
discretion, at any time after his appearance for trial, 
order him to be committed to the custody of the propei 
officer of the county, to abide the judgment or further 
order of the court ; and he must be committed and held 
in custody accordingly. 

CHAPTER II. 

CONDUCT OF THfal JUHT, AFTER THB CAUSB IS 8DBMITTBD 

TO THEM. 

Sec. 423. Boom and ncecmmodations for the Jury after retire- 
ment, how provided. 

424. Accommodations for the Jury, when kept together 

during the trial, or after retirement. 

425, 426. What paivers the Jury may take with them. 

427. May return into court, for information. 

428. When jury to bo discharged before agreement. 

429. Reason r>r discharge. 

490. When iury discharged or prevented from giving a 

verdict, cause to be again tried. 
431. Court may adjourn during nl)8once of jury, a^ to other 

business, but deemed open till verdict' rendered or 

jury discharged. 
482. Final adjournment of court discharges Jury. 



Ill DELIBERATIONS OF JDRY. 55 423-*27. 

J 423. AcoommodatloiiH for tlia juiy. — A room 

must be pi-ovided by the aupervisors of the county (or if 
the trial be in a city court, by tbe corporate authorities 
of the city), for the use of the jury, upon tlieir reth'e- 
ment for delibei'aboa, with suitable fui'uiture, fuel, 
lights Had stationery If the eupei vieoi's or cor|iara.ti] 
authorities ueg^lect this duty, the court may oi-der the 
eheriff Ifl perfoMQ it , and the expenaea mcinrei hy him 
in cairying- the order into eBect, when certified by the 
court, ai-e a county charife 
Reading report of tnal Peo r tafliiBy I ahpld 1M, Prpfl- 

$ 424. Food and lodgliiB foi tliD jm?.— While the 
jury are kept together, either duiinff the progi-esa of 
■Uie trial -or after their i-eHrement fov deliberation, they 
most be provided by the sheriff, upon the order of the 
court, at the expense of the county (or if the trial be in 
a city court, at the espense of the city), with suitable 
anil sufficient food and lodging. 

{ 425. Wliat papers the jnrjr may take wlttt 
thun. — The coai-t may pennit the jury, upon retiring 
for deliberation, to take with theq) any paper or article 
which has been received aa evidence m the cause, but 
only upon the consent of the defendant and the counsel 
for the people. 

} 426. Id. — The juiy may also take with them notea 
of the testimony or other proceedings on the trial, taken 
by themselves or any of them, but none taken by any 
other person. 

Cannnt nse not«9 of presiding Jndge. Uitcbell v. Carter, II 
HUD, Ma. 

$ 427. Jury may tetom for lnfbimatloii. — After 
the jury have retired for delibei-atiou, if thei-e be a dia- 
agreement between them, aa to any part of the testi- 
mony, 01" if they desii-e to be infonneci of a point of law 
aidsinif in tbc^ ca.ufte, thev must requii'e the omcer lo con- 
duct d^m into court. Ul><>n their being brought into 
court, the information required must be given after no- 
tice to the district attorney and to the counsel for tha 



(^ 



§} 428-431. DISCHARGING JURY. 113 

defendant, and in cases of felony, in the presence of the 

defendant. 

Instractions to jury can only be given, when defendant present. 
Haurer v. Peo., 43 >i. Y., 1. Communications cannot be sent to- 
jury after retiring, even oy consent. They must be brought into 
court Plunkett v. Appleton, 51 How. Pr., 469. Ma^strate can* 
not send answer to communication from jury. Plunkett v. 
Appleton, 9 J. & Sp., 169 ; Gillotte v. Jackson, lb. , 308. See also 
Mahoney v. Decker, 18 Hun, 365 : Peo. v, Cassiano, 30 Hun, 388 ; 
Peo. V. Kelly, 2 N. Y. C. R., 15. 

§ 428. Wlien jury to be disoharged before agree- 
ment. — After the jury have retired to consider of their 
veinlict, they can be dischara;ed before they shall have 
agreed thereon only in the foUowing cases : 

1. Upon the occurrence of some injury or casualty af- 
fecting the defendant, the jury or some one of them, or 
the court, i*endering it inexpedient to keep them longer 
together; or 

2. When after the lapse of such time as shall seem 
reasonable to the court, the^ shall declare themselves 
unable to agree upon a verdict ; or 

3. When with the leave of the court, the public prose- 
cutor and the counsel for the defendant consent to such 
discharge. 

It is error for the court to constrain Jury by saying they must 
agree or no discharge, plater v. Mead, 63 How. Pr., 67. See 
Berry v. Peo., 1 N. Y. Cr., 43, 67. 

$ 429. Reason for diaoharge. — ^Whenever the jury 
is discharged without a verdict, the reason for the dis- 
charge must be entered on the minutes. 

§ 430. When no verdict, cause to be re-tried. — 

In all cases where a juiy are discharged, or prevented 
from giving a verdict, by reason of an accident or other 
cau»e, except where the defendant is discharged firom 
the indictment, durine" the progress of the trial, or after 
the cause is submittea to them, the cause may be again 
tiied at the same or another term. 

§ 431. How^ court may adjourn. — While the jury 
ai-e absent, the court may adjourn fix)m time to time, as 
to other business ; but it is nevertheless deemed open, 
for every purpose connected with the cause submitted 
to the jury, until a verdict is rendered or the jury di»- 
charged. 



{ 432. Pinal K4Joiu^>»ei)t dlschargeB jtuy. — A. 

final adjoiuTimeiit of tbe couH Uietliai'g'ea tlie jui"j", but 
any term of a. court may be continued, for the piu^xiae of 
fimsbin^ a trial or receiving a verdict 

CHAPTER in. 

SKL *». When (he ]nr>- have agreed, to be brongtit Into court 
and their aamee nalleO. If all do Dot appcur, jur; 
to be discbarged aoil caaae again tiied. 

t34. In feloD}-, ilet^ndaDl; muM be preseiit. In misde- 
meanor, verdict ma^ be renttei^ in biH al>dence. 

139. Stunner of taking tbe verdict. 

436. Verdict may be general or special. 

437. General verdict 
4SS. Special vaidict. 

13». I«l. SpecUl verdict, how rei.dered. 

441. Special verdict, bow brought lo argument, 

44S. Jnflgnient tbcreon. 

M3. When special verdict defective, new trial to be or- 

m. Upon Indictment far crime consisting of different de- 
groBB, Jury may convict of any degiee, or of any 
attempt to commit the crime. 

U6. In other oaBesJarv may convict of any offense neces- 
aarily included in that charge. 

448. On indictment against aevcral, jury mny renrlcr a 

MT, 418. In wliat cases conrt may direct a rBconsidcration 

ofthevordict. 
MO. When Jndxment may be given upon an informal ver- 

450. Polling the jury. 

451. Recording tlie verdict. 

isa. I>eK^nilant, when to be dlscbargcd or detained after 



j 433. Joty after agreement — Wlien the juiy h.ive 
Sigreed upon their verdict, they must be conducted into 
OODrt by uie offlcerhavinK them in charge. Their names 
UOHt then be called, and if all do not appear, the rest 
miut be discharged without giving a verdict. In that 
event, the cause may be again Med, at &e same or 
another term. 



a 434-439. RENDERING VERDICT. U4 

6 434. "When defisiidaiit must be present. — If the 

inaictment be for a felony, the defendant must, before 
the verdict is received, appear in person. If it be for a 
misdemeanor, the verdict may be rendered in his ab- 
sence. 



$ 435. Maimer of taking the verdict. -^ If the lory 

appear, they must be asked by the court or the clerk, 

whether they have agreed upon their verdict ; and if the 

foreman answer in the affinnative, they must, on h&ng 

required, declare the same. 

Verdict cannot be received in absence of juBtloes. Hinman v. 
Peo.,l3Hwi,a8C 

{ 436. Verdict may be general or speoiaL — The 

jui-y may either render a general verdict, or when thev 
ai*e in doubt as to the le^ effect of the facts proved, 
they may, except upon an indictment for libel, find a 

special verdict 

Under general verdict of guilty, sentence for the highest offense 
charged m indictment is proper . Hawker v, Peo. , 75 N. Y. , 4^. 
See Peo. v. Bork, 1 K. Y. Cr., 893. Special verdict. ICiller v, 
Peo., 26 Hun, 473. 

i 437. Gtoneral verdict. — A ^;eneral verdict npon a 
plea of not guilty is either "gmlty" or "not giulty;" 
which imports a conviction or acquittal* of the offense 
charged in the indictment. Upon a plea of a former 
conviction or acquittal of the same offense, it is either 
** for the people/' or " for the defendant 



§ 438. Special ▼erdlot.— lAspedal verdict is that by 
which the jury find the facts only, leaving the judgment 
to the court. It must present the conclusions of &ct, as 
established by the evidence, and not the evidence to 
prove them ; and these conclusions of fact must be so 
presented, as that nothing remains to the court, bat to 
draw from them conclusions of law. 

Miller v. Peo., SSHun, 47S. 

} 439. Id.; how rendered. ~ The spedal verdict 
must be reduced to writing, by the jury or in their pres- 
ence, entered upon the minutes of the court, read to the 
jury, and agreed to by them, before they are dischai^g^ed. 



115 SPECIAL VERDICT. ^ 440-M8. 

} 440. Id.; fonu. — The special verdict need not ba 
in any particular fomi, hut m sufficient if it present intd.- 
ligiblf the fasla found by the jmy. 



f441.Id.; howteooght toarEttment.— The Bpe- 

cial verdict may be brought to arg-ument by either party, 
upon five days DOdce to the other, at the same or another 
"term of the cotirt ; and upon the hearing thereof, the 
counsel for the defendiint may conclude tlie alignment 



{ 442. Judgment thereon. — The court must give 
jnd(pnent upon ilie special vei-dict, aa follows ; 

1. If the plea be not gnilty, and the facte prove the 
d^endant gailty of the ofienae charged in the imlictnient 
or of any other offense of which he could be convicted, 
under that indictment, aa provided in sections 444 and 
445, judgment miiat be given accordingly ; but if other- 
^>ise, judgment of acquittal must be given ; 

2. If the plea be a former conviction or acquittal of the 
aame offense, the court must ^v6 judgment of conviction 
or ai;quittal, according as the facte prove or fail to prove 
the foi-mer conviction or acquittaL 



} 443. Defective special verdict^ If the Jury do 
not, in a special verdict, pi-onounce aiHrmati\'ely or neg- 
atively on the facts necessary to enable the court to 
give judgment, or if they find the evidence of facta 
merely, and not theconcliiaionsof fact from the evidence, 
Ba established to their saliafaction, the court must oi'der 
a, new trial. 



l) 444. OonvicUon tor aiijr lower degree, or of an 
attempt. — Ui>on an indictment for a crime conusliiii; of 
different degrees, the jtu^ may find the defendant not 
guilty of the degree charged in the indictment, and 
guilty of any degree inferior thereto, or of an attempt to 



It the c 



B.McTamanj.U 



J} 446-449. VERDICTS. RECONSIDERATION. 115 

the commission of which is necessarily inchided in that 
•with which he is charged in the indictment. 

See Peo. v, Jackson, 8 Hill, 92. 

$ 446. On Joint trial, Jury may render a Terdict as 

to 8ome.^-0n an indictment against one or more, if the 
jury cannot agree upon a verdict as to all, they may 
i*ender a verdict as to those in regard to whom they do 
agree, on which a judgment must be entered accord- 
uigly; fti^d the case,, as to the rest, may be tried by 
another jury. 

§ 447. When court may direct a reconsideration of 
the verdict. — When thei'e is a verdict of conviction, in 
which it appears to the court that the jury have mistaken 
the law, the court may explain the reason for that opin- 
ion, and direct the jury to reconsider their verdict ; and 
if, after the reconsideration, they return the same ver- 
dict, it must be entered. But when there is a verdict 
of acquittal, the court cannot require the jury to recon- 
sider it. 



^ 448. Id. — If the jury^ render a verdict which is 
neither a general nor a special veKlict, as defined in 
sections 437 and 438, the court may, with proper instruc- 
tions as to the law, direct them to reconsider it ; and it 
cannot be recorded, until it be rendered in some form, 
from which it can be clearly understood what is the 
intent of the jury, whether to render a general verdict, 
or to find the facts specially, and leave the judgment to 
the court. 



§ 449. Judgment upon an informal Terdict. — If the 

iury persist in finding an informal vei*dict, from which, 
nowever, it can be clearly understood, that their inten- 
tion is to find in favor of the defendant, upon the issue, 
it must be entei*ed in the terms in which it is found, and 
the court must give judgment of acquittal. But no 
judgment of conviction can be given, unless the jury 
expressly find against the defendant, upon the issne, or 
judgment be given against him on a special verdict. 



117 PROCEEDINGS UPON VERDICT. 5^450-4M. 

$460. PolUugUia jury. — 'When a venlict ia i^ndered, 

and befoi'e it Ib i-ecordtsd, the jury may be polled, oa 
tte pequirement of either party; in which case, they 
]nnat be BeveroUy asked whether it is their verdict i and 
if any one answer in the negative, the jury must be 
sent out foi* further deliberation. 



i 451. JtaootdSng the veordlot— When the verdict is 
givpn, and is Buch as the court may receive, the clerk 
must immediateiy record it in full upon the minutes. 
and must read it to the jury and inquire of them whether 
it is their verdict. If any juror dipagee, the fact must 
be entered upon the minutes, and the jury again sent 
out; but if no disagreement be eipreased, the verdict 
is complete, and the jury must be discharged from the 



$ 453. Dtachwrge ai d«tmtiOB aftar acqulttaL — If 
judgment of acquittal be given on a genei-al verdict, 
and the defendant be not detained for any other le^l 
cause, he must be discharged as soon as the judgment 
is i^ven ; except that when the acquittal is for a variance 
between the proof and the indictment, which may be 
obviated by a new indictment, the court may order hia 
detention, to the end that a new indictment may be 
preferred, in the same manner and with the like effect 
as provided in sections 408 and 409. 



{453. Pn»oe«diugsnpcnTardlct. — If a general ver- 
dict be rendered against the defendant, or a special 
verdict be given, he must be remanded, if in custody, 
or if on b^l, he may be committed to the proper officer 
of the county, to await the judgment of the court upon 
the verdict, When committed, nis bail is exonerated, oi 



lefimded t 



be depoeited instead of bail, it must be 
< the defendant. 



$ 464. Aoc[tilttal on the ground of Ituuuiity. — When 
the defense is insanity of Ihe defi^ndant the jury must be 
Instruct^ if they acqiut him on that ground, to stara 



^ 



{} 455-456. PROCEEDINGS AFTER TRIAL. US 

the fact with their verdict. The court must, thereupoiiy 
if the defendant be in custody, and they deem his dicK 
charge dangerous to the public peace or safety, order 
him to be committed to the state lunatic asylum, until 
he becomes sane. 



TITLE VHI. 

Of the I^roceedings after Trial and htfare JudgmmU 

Ghaptxs L Bill of exceptions. 
II. New trials. 
III. Arrest of judgment. 

CHAPTER I. 

BILL OF BXCBFTIONS. 

8S0. 456. In What oases. 

456. By whom settled, and how filed. 

457. To be settled at the trial, or ihe point noted in writing*. 

458. 459. When and how settled, after the trial. 

460. Enlarging the time therefor. 

461. Effect or not serving exceptions or amendments^ 

within the time prescribed. 

$ 466. In what oases. — On the trial of an indictment^ 
exceptions may be taken by the defendant, to a,decifflou 
of the court, upon a matter of law, by which his sub- 
stantial rights are prejudiced and not otherwise, in any 
of the following cases : 

1. In disallowing a challenge to the panel of the jury i 

2. In admitting or rejecting testimony on the trial of a 
challenge for actual bias to any juror who pariicipated 
in the verdict, or in allowing or disallowing suck 
challenge ; 

3. In admitting or rejecting witnesses or testimcmy^ 
or in deciding any question of law, not a matter of dis- 
cretion, or in charing or instructing the jury upon the 
law, on the trial of the issue. 



§ 466. Ho^ir settled and filed. — A bill containing the 
exceptions must be settled and signed by the presiding 
Judge, and filed with the clerk. 



119 



BILL OF EXCEPTIONS. M 457-*61. 



} 4B7. When to be aettled.— The Lill of eiceptioos 
must be eettluil at the triixl ualees the court otheiwise 
direcL If no ench direction he given, the point of the 
exception must be pai-ticulat'ly stated in writing, anil 
delivei-eJ to the court, and must immediately be c:oi-- 
rected or added to, until it is made coofoi-mable to the 
bnitb. 



be prepared and served, within five days thereafter, 
on the district attorney, who may, within five days, 
eervC! on the defendant or his counsel, amendments 
thereto. The defendant may then, within five days, 
serve the district attorney with a notice to appear before 
the presiding judge of the court, at a S[)ccified time, 
whether in or out of court, not less than tive nor more 
than tea days thereafter, to have the bill of exceptiuua 
settJed. . 



S 460. Enlargli^ the time therefor.— The time for 
prepai-ing the bill of exceptions or the amendments 
thereto, or for settling the same, may be enlarged by 
consent of tlie pities, or by the presiding judge, or by 
a, judge of the supreme court, but by no other officer. 

$ 461. Fallttr« to Berre exceptions or amendments. — 

If the bill of exceptions be not served within the lini« 
prescribed in section 458, or within the enlarged time 
therefor, as prescribed in the last section, the exceptiina 
are deemed abandoned. If it be served, and the parties 
omit, within the time limited by section 458, the one to 
prepare amendments, and the other to give notice of 
appearance before the judge, they are respectively 
deemed, the one to have agreed to the bill of eiceptiona, 
and the other tc " 



ive agreed 
jaendment 



r 



{$ 462-465. NEW TRIALS. V80 

CHAPTER n. 

NBW TRIALS. 

Sbo. 403. Kew trial. 

468. When granted. 

464. Effect ofgranting new trial. 

465. In what cases granted. 

466. Application, wnen to be made. 

( 462. New trial. — A new trial is a re-examination of 
the issue, in the same court, befoi*e another jury, after a 
verdict has been given. 4 



§ 463. When granted. — A new trial can be granted 
by the court in which the former trial was had, only in t 

the cases provided in section 466. j 

§ 464. Bfieot of granting new trial. — The granting of [ 

a new trial places the parties in the same position as if • 

no trial had been had. AU the testimony must be pro- j 

duced anew ; and the former verdict cannot be used or | 

referred to, either in evidence or in argument. | 

$ 466. When granted. — The court in which a trial has 
been had upon an issue of fact has power to grant a new 
trial, when a verdict has been rendered afifainst the 
defendant, by which his substantial rights have been 
prejudiced, upon his application, in the following cases : 

1. When the trial has been had in his absence, if the 
indictment be for a felony ; 

2. "When the jury has received any evidence out of 
court, other than that resulting from a view, as provided 
in section 411 ; 

3. When the jury have separated without leave of the 
coui't, after retiring to deliberate upon their verdict, op 
have been g^ty or any misconduct by which a fair and 
due consideration of the case has been prevented ; 

4. When the verdict has been decided by lot, or by 
any means other than a fair expression of opinion on the 
part of all the jurors ; . 

5. When the court has misdirected the jury in a mat- 
ter of law, or has refused to instruct them as prescribed 



ia ARREST OP JUDGMENT. §§ 466-468. 

in section 420 ; and tlie deffuidaiit has, &t the trial, ex- 
cepted to Buch misdirection or refusal ; 

6. When the vei'dict is contiaiy to law or clearly 
£|fainst evidence ; 

7. When it is made to appear, by affidavit, that upon 
another tiial, the defendant can produce evidence such ae 
if before received would probably have change the vei'- 
dict } if snch eridence has been discovered since the trial, 
is not cumulative } and the failure to produce it on the 
trial was not owinff to want of dilicfence. 

Peo. V. IjinB, 1 N. T. C. L., 518. 
{ 466. Application, when to be made.— The applica- 
tion for a new tiial must be made befoi-e judgment ex- 
cept in case of a sentence of death when the apphcation 
maybe made at any time before execution and in case 
the court before which the trial waa had ia not in session 
BO that the application can be made and determined be- 
fore the execution then the application may be made to 
any justice of the supreme court or special l«rm thereof, 
within the judicial department where the conviction waf 
had. 

CHAPTER in. 



Sec. 167. Motion in arrest orjudgment, deflned, andapon what 
defects fonnded. 

16S. Court may arrest judgment withont motion. 

te». Motion, when and hoiT mado. 

170. Defeadaut wben to be held or disctiarged. 
J 467> Motion in airest of judgment. — A motion in 
arrest of judgment ia an application, on the part of the 
defendant that no judgment be i-endei'ed on a plea or 
verdict of guilty, or on a verdict agmust the defendant 
upon the plea of a former conviction or acquittal. It 
may be founded on luiy of the defecia in the indictment, 
mentioned in eecUon 331. 

HoHou In airasC is not confined to IndiotmoDl, but may Include 
Whole record. Feo. v. Riuno, B Park., (UT. It cannot bring ap 
a variaiice between proof and Indictment. Peo. v. Onondaga 
Gen. Seas., 1 Wend., 2»6. Normistnkesof tliecoitrton trial, or 
of the jory In (riTina verdict. Feo. v. Tbompson, U N. Y., 1 ; 
Pbo. O. Allen, « ib.,l8. Can only be made for defects on tho 
r«cord. Jaoobowskyii.Peo..6Uuu,5Zl; 61N. Y.,S5g. 

J 46S. Oonit may arrest Judgment without motion.^ — 
The court may also, on its own view of any of these de- 
fects, arreat the judgment without motion. 



^ 469-470. ARREST OF JUDGMENT. 122 

} 469. Motion when and how madeu — The motion 
must be made, before or at the time when the defendant 
la called for judgment. If made before, it must be on 
notice to t^e district attorney, or in his presence. 



$470. Defendant, when to be held or discharged. 

— When judgment is an-ested, and it appeal's that thei*e 
is not evidence sufficient to convict the defendant of 
any crime, he must, if in custody, be discharged ; or, if 
under bail, his bail must be exonerated ; or, if money 
has been deposited instead of bail, it must be refunded ; 
and in such case the arrest of judgment ox)erates as an 
acquittal of the charg-e upon which the indictment was 
found ; but, if thei*e is reasonable ground to believe the 
defendant guilty, and a new indichnent can be framed 
upon which he may be convicted, the court may order 
him to be re-committed or admitted to bail anew to 
answer the new indictment ; if there is reasonable ground 
to believe him guilty of another crime, he must be com- 
mitted or held to answer therefor ; and in no case, when 
re-committed or held to answer, is the former verdict a 

bar to a new indictment. 

Dowling V. Peo., 84 K. Y., 478. 



TITLE IX. 

Of the Judgment atid Execution. 

Chapter I. The judgment. 
II. The execution. 

CHAPTER I. 

THB JTTDGMBirr. 

Sec. 471, 472. Time for pronouncing Judgment, to be appointed 
by the court. 

473. In felonr, defendant must be present. Inmlsdemean* 

or. Judgment may be pronounced in his absence. 

474. When defendant is in custody, how brought before 

the court for Judgrment. 

475. How brougrht before the court, when he is on bail. 

476. Bench warrant to issue. 

477. Form of bench warrant 

478. 479. Serrico of the bench warrant. 



123 PRONOUNCING JUDGMENT. 55 471-i76. 

SbO. 4S0. Arraignmont of ilefenilant for Jndginent. 

132. If DO sumclenl) cause Bliuwn, Judgment 10 be pro. 



BKgraviitian ar mitisaUou of poBlsbmeut. 
4M. Jncfgmcnt to pay flue. 
4SS. Thu Judgment roll. 

{ 47L Time for proooundng judgment, to be 
appointed by the court.— After a. pleaor verdict of 
gulty, or niter a verdict agaliiRt the defendant on ti plea 
of a, former conviction or acquital, if the judgment be 
not arreBted, or a new trial granted, the conrt must ap- 
point a time for pronouncing' judgment. 

£ 472. Id. —The time appointed munt be at least two 
days after the verdict, if the court intend to remain in 
sesfflon BO Ions', or if not, as remote a time as can rea- 
eonably be allowed ; but any delay may be waived by 
the defendant. 

5 473. Appearance. — For the purpose of judfiment, 
if the conviction be for a felony, the defendant must be 
personally present ; if it ba for a misdemeanor, jndg^ 
ment may be pronounced in his absence. 

5 474. Defendant in cuotody, 'to ba brouglit be- 
fore tlie court. — When the defendant is in cuElody, the 
court may direct the officer in whose custody he is, to 
bring him before it for judgment ; and the officer must 
do BO accordingly. 

} 475. Wben on ball. — If the defendant have been 
discharged on bail, or have deposited money instead 
thereof, and do not appear for judgment, when hia per- 
sonal attendance is necessary, the court, in addition to 
the forfeiture of the undertaWng of bail or of Ihe money 
deposiled, may direct the clerk toiBsue abench warrant 
for hia arrest. 

§ 47G. Bench wairEmt to Issue. — The clerk, on the 
application of the disbict attorney, may accordingly, at 
any time after the order, whether the court be wtting or 
not, issue a liench warrant into one or more counties. 



§§ 477-480. BENCH WARRANTS. 124 

$ 477. Form of bench 'v^arrant.^The beficli war- 
rant must be substantially in the following' form : 
** County of Albany, [or as the case may be.] 
" In the name of the people of the State of New York — 
"To any sheiiff, constable, marahal or 
policeman in this state. A. B. having been 
[SBAL.] on the day of > 18 , duly 

convicted in the court of sessions of the cotmty 
of Albany (or as the case may be), of the 
crime of [designating it generally.] 
"You are therefore commanded, forthwith to arrest 
the above named A. B., and bring him before that court 
for judgment ; or if the court have adjourned for the 
term, you are to deliver him into the custody of the 
sheriff of the county of Albany, [or as the case may be, 
or in the city and county of iNew Yoi k " to the keeper 
of the city prison of the city of New York."] 

" City of Albany, [or as the case may be] the day 

of , 18 . 

'* By order of the court. 

" E. F., clerk." 



$ 478. Service of the bench vTarrant. — The bench 
waiTant may be served in any county, in the same 
manner as a warrant of arrest ; except that when served 
in another county it need not be indorsed by a magis- 
trate of that county. 



} 479. Id. — ^Whether the bench warrant be served in 
the county in which it was issued, or in another county, 
the officer must an*est the defendant and bring him 
before the court, or commit him to the officer mentioned 
in the warrant, according to the command thereof. 



§ 480. Arraignment for judgment. — When the 
defendant appears for judgment, he must be asked by 
the clerk whether he have any legal cause to show, why 
judgment should not be pronounced against him. 

In capital caaes this must appear npon the record. Graham v. 
Peo., 63 Barb.. 468 ; 6 Lans., 149; see Messner v. Peo., 46 K.- Y., 
1 ; Hilderbrand v. Peo.,1 Hun, 19; aff'd 66 N. Y., 894. 



125 JUDGMENT. SENTENCE. JjiSHSa. 

S 481. ^ThatmaybeBliownagaiiistttiejudgment. 

— He may ehow for cauae, against the judgment, 

1. That he is insane ; and if, in the opinion of the 
court, there be reasonable gTounii for believing' htm to 
be insane, the qaesldon of bis insanity must be tiied as 
provided by this Code. If, upon the trial of that 
question, it la found that he is sane, judgment must be 
pronounced ; but if found insane, he must lie committed 
to the state Itmatde aayluni untU he becomes sane ; and 
when notice is given of that fact, he must be brought 
before the court for judgment; 

2. That he has good cause to offer, either in arrest of 
jndgment, or for a new trial ; in which case the couH 
may, in its discretion, order the judgment lobe defeiTeii, 
and proceed to decide upon the motion in arrest of 









{ 482. Jadgment. — If no snlBcient cause be alleged, 
or appear to the court, why judginent should not be 
pronounced, it must thereupon De rendered. 

On a plea ofgnilty, court mny viva a generikl judKineDt apptl- 
ottUeto any ooimC Polineky o. Peo " " — ~>".t. — -t .. 



..llHun.SSO; TSK.Y.,65. 



§ 483. Inquiry Into oiroamBtanoea touching 

punishment. — After a plea or venUct of guilty, in a 
case whei-e a discretion is confeiTed upon the court as to 
the extflnt of the punishment, the court, uimn the 
suggestion of either party, that there are drcuniatances, 
which may be properly taken into view, either in aggra- 
vation or mitigation of the punishment, may, m its 
disciTition, hear the eame summarily at a. Bjiecified time, 
and upon such jiotice to the adverse party as it niay 

{ 484. Judgment to pay fine. — A. judgment that 
the defendant pay a fine may also direct that he bo 
imprisoned until the fine be satisfied, specifying trie 
eitent of the imprisonraent ; which cannot exceed one 
day for eveiy one dollar of the fine. 



$5 486-487. JUDGMENT ROLL. 126 

upon the minutes, staling briefly the offense for which 
the •conviction has been had; and mnst, upon the 
service upon him of notice of appeal, immediately annex 
together and file the following papers, which constitute 
the judgment roll : 

1. A copy of the minutes of a challenge interposed by 
the defendant to a grand juror, and the proceeoings and 
•decision thereon ; 

2. The indictment, and a copy of the minutes of the 
plea or demurrer ; 

3. A cop^ of the minutes of a challenge, which may 
have been interposed to the panel of the trial jury, or to 
a juror, who participated in the verdict, and the proceed- 
ings and decision thereon ; 

4. A copy of the minutes of the trial ; 

5. A copy of the minutes of the judgment ; 

6. A copy of the minutes of any pi*oceedings upon a 
motion either for a new trial or in arrest of judgment ; 

7. The bill of exceptions, if thei'^ be one. 

Not to contain names or testimony of witnesses. Peo., etc. v. 
Nelson, 16 Han, 214. 

CHAPTER n. 

THB BXBCUTION. 

SBC. 486. Authority for the execution of a Judgment, except of 
death. 

487. Commitment of the defendant. 

488. Judgment of imprisonment, by whom and how exe- 

cuted. 

489. Duty of SheriiT. 

490. Same. 

§ 486. Authority for the execution of a judg- 
ment. — When a judgment, except of death, has been 
i)i'onounced, a certified copy of the entry thereof upon 
the minutes must be forthwith famished to the officer 
whose duty it is to execute the judgment ; and no other 
ivarrant or authority is necessary to justify or require its 
execution. 



$ 487. Commitment of defendant. — If the judg- 
ment be impidsonment, or a fine and imprisonment until 
it be paid, the defendant must forthwith be committed 
to the custody of the proper officer, and by him detained, 
until the judgment be complied with. 

Imprisonment before sentence does not apply. Peo. v. War- 
den, etc., 66 N. Y., 842. Misdemeanors. Feo. v. Lincoln, 26 
Hun, 806, overmling Peo. v. Mc£wen,6i2 How. Pr., 22r>. 



127 



IMPRISONMENT. 



}S 488^90. 



$ 488. Judgment of imprisonment by whom and 
liow executed^ — When the judgment is imprisonment 
in a county Jail, or a &ie and that the defendant be 
imprisoned until it be paid, the judgment must be exe- 
cuted by the sheriff of the county. In all other cases, 
when the sentence is imprisonment, the sheriff of the 
county must deliver the defendant to the proper officer, 
in execution of the judgment. 



i> 



$ 489. Duty of aheriff* — If the judgment be impris- 
onment, except in a county jail, the sheriff must deliver 
a copy of the entry of the judgment upon the minutes 
of the court, together with the body of the defendant, to 
the keeper of the prison, in which the defendant is to be 
imprisoned. 



§ 490, Sheriff may require aid. — The sheriff or his 
deputy, while conveying the defendant to the proper 
prison, in execution of a judgment of imprisonment, has 
the same authority to require the assistimce of any citi- 
zen of this state, in securing the defendant, and in retak- 
ing him if he escape, as S the sheriff were in his own 
county; and every person who refuses or neglects to 
assist the sheriff, when so required, is punishable, as if 
the sheriff were in his own county. 



TITLE X. 

Chnertd ProvisUms in Sdation to the Punishment of 

CHmes* 

Chaptbb. I. The death penalty. 

II. Second offensea, nabitual criminals, and special 
penal discipline. 

CHAPTER I. 

THB DEATH PENALTY. 

SXC. 491. Warrant for execution of convict. 

492. Time of execution. 

493. Judge must transmit certain papen^ to governor. 
484. Governor may consult judges, etc 



} J 4^1-494. DEATH PENALTY. 12S 

Sbo. 495. Goyemor only to reprievei etc., except as provided in 
the following sections. 
486. If convict becomes insane, sheriir to impanel Jury. 
'497. Duty of district attorney. 

498. Inquisition ; sospension of execution. 

499. Sheriff to transmit inquisition to go vvrnor; governor's 

duty. 
600. If female convict is pregnant, sheriff to impanel jury 
of physicians. 

501. Inquisition ; suspension of execution. 

502. Sheriff to transmit inqnisilion to governor ; governor's 

duty. 
5(3. When day of execution has passed, convict to be 

brought up by warrant. 
504. Court to inquire, etc. ; when to direct execution. ' 
506. Death penalty; mode of infliction. 

506. Id. ; where inflicted. 

507. Id. ; who to be present. 

508. Id. ; ceriiflcate after execution. 

509. Id. ; when inflicted by sheriff in an acUoining county. 

§ 491. Death 'warrant. — When a defendant is sen- 
tenced to the punishment of death, the judge or judges 
holding the court at which the conviction takes place, op 
a majority of them, of whom the judge presiding must be 
one, must make out, sign and deliver to the sheriff of the 
county, a warrant, stating the conviction and sentence, 
and appointing the day upon which the sentence must be 
executed. 



{ 492. Time of ezecution. — The day so appointed 
must be not less than four weeks and not more thau 
eight weeks after the sentence. 

Execution may take place before expiration of a previous sen- 
tence. Thomas v. Peo., 67 N. Y.» 218. 



$ 493. Judge mnst transmit papers to governor. 

— The judge, presiding at the term at which the convic- 
tion took place, must immediately thereupon transmit to 
the governor a statement of the conviction and sentence, 
with the notes of testimony taken upon the trial by him 
or the notes,* written out, taken by a stenographer or 
assistant stenographer, attending the court or term pur- 
suant to law. 

§ 494. Oovemor may consult judges, etc. — The 
governor is authorized to require the opinion of the 



jaAges of the court of appeals, justices of the supreme 
court, and the attomey-ffenei'ai, or of any of them, upon 
a statement eo furnished. 

{ 495. OoTenior only to reprlove, except^ etc. — 
No judjfe, court, or officer, othei- than the giivemoi', can 
reprieve or suspend the execution of a defendant sen- 
tenced to the punishment of death, except where a 
sheriff is authorized so lo do, in a case and in the itianner 
prescribed in the following' sections of this chapter. This 
eeclimi does not apply to a stay of proceedings upon an 
appeal or writ of error. 

§ 496. Insane convlcta. — If, after a defendant has 
been senteueed to the punishment of death, there is rea- 
sonahle ground te beheve that he has become insane, 
the sheriff of the county in which the conviction took 
place, with the concurrence of a justice of the supreme 
court, or the countyjudge of the county, who may maite 
an order to that efiect, must impanel a jury of twelve 
persons of that county, qualified to serve aa jurors in a 
couii of record, to examine the question of the sanity of 
the defendant. The sheriff must give at least seven 
days' notice of the time and place of the meeting of the 
jury to the district attorney of the county. Section 108 
of the Code of Civil Procedure regolates the impaneling 
of such a jury, and the proceedings upon the inquisitioa 
ao fur as it is apphcable. 

} 497. Duty of dletrlot attorney. —The district 
attorney must attend the inquiiT'. He may praduce 
witnesses befoi-e the jury ; for which purpose lie has the 
same power to issue suhpcenas, as for witnesses tfl attend 
B, grand jm-y, and disobedience thereto maybe punished 
by the court of oyer and terminer for that county, at any 
term tliercof, in ths same manner as disobedience to 
process issued by that couit. 

$ 498. Inqnlaitlon ; suspeiuion of exeootion. — 

The inriuiMtiuu of the jury must t>e signed liy tlm jiuMrs 
- and tlie sheriff. If it be found by the inquisition that 



}§ 499-502. INQUISITION. 130 

the defendant ia insane, the eberiff most suspend execu- 
tion of the warrant directing' the defendant's death, until 
he receives a warrant from the governor, directing that 
the defendant be executed. 

$ 499. Sheriff to transmit inquisition to govern- 
or ; governor's du^. — The sheriff must immediately 
transmit the inquisition to the governor ; who, as soon 
as he is satisfied of the sanity of the defendant, or of his 
restoration to sanity, must issue his wai*rant, appointing 
a time and place for the execution of the latter, pursuant 
to his sentence, unless the sentence is commuted or the 
convict pardoned, and may in the jneantime give direc- 
tions for the disposition and custody of the defendant. 

} 500. If female convict is pregnant. — If there is 
reasonable groimd to believe that a female defendant, 
sentenced to the punishment of death, is pi^gnant, the 
sheriff of the county where the conviction took place 
must impanel a jury of six physicians to inquire into 
her pregnancy. Sections 497 and 498 of this Code ap- 
^!y to the proceedings upon the inquisition, except that the 
sher^ may, in hia discretion, require one or more of the 
physicians composing the jury to attend from an adjoin- 
ing county. A physician, acting as a juror upon such an 
inquisition, need not be qualified to serve as a juror in 
a court of i-ecord. 

§ 501. Suspension of ezeoution. — ^The inquisition 
of the juiy must be di^n^ed by the jurors and the sher- 
iff. If it is found by the in(^uisition that the defendant 
is quick with child, the sheriff must suspend the execu- 
tion of the warrant directing her execution, until he i^e- 
ceives a warrant from the governor, du*ecting that the 
convict be executed. 

§ 502. Sheriff to transmit inquisition to gover- 
nor ; governor's duty. — The sheriff must umnediately 
ti^ansmit the inquisition to the governor, who, as soon as 
he is satisfied that the defendent is no longer quick with 
child, may issue his warrant, appointing a time and 
place for her execution, pursuant to her sentence, or 
may commute her punidimentto impi'isomnent for life. 



131 RE-SENTENCE. DEATH PENALTY. }$ 503-506. 

§ 503. When day of execution lias passed. — 

"Whenever, for any i-eason, other than insanity or preg- 
nancy, a defendant, sentenced to the punishment of 
death, has not been executed pursuant to the sentence, 
At the time specified thereby, and the sentence or the 
judgment inflicting the punishment stands in full force, 
the supreme court, or a justice thereof, upon applica- 
tion by the attorney-general, or of the district attorney 
of the county where the conviction was had, must make 
an order, directed to the sheriff, commanding him to 
"bring the convict before a general term of the supreme 
court in the department, or a term of a court of oyer 
and terminer in the county, where the conviction was 
liad. If the defendant be at largfe, a warrant may be 
issued by the supreme court, or a justice thereof, direct- 
ing any sheriff or other officer to bring the defendant 
"before the supreme couii; at a general term thereof, or 
"before a term of the court ;of oyer and terminer, in that 
county. 

Hoett p. Peo., 86 N. X., S73. 

$ 504. Court to inquire, etc.; ^virhen to direct 
execution. — ^Upon the defendant being brought before 
the court, it must inquire into the circumstances, and if 
no legal reason exists against the execution of the sen- 
tence, it must issue its warrant to the sheriff of the 
proper county, under the hands of the judge or judges, 
or of a majority of them, of whom the judge presiding 
must be one, conunanding the sheriff to do execution of 
the sentence, upon a day appointed therein. The war- 
rant must be obeyed by the sheriff accordingly. 



§ 505. Death penalty ; mode of infliction. — The 

punishment of death must in every case be inflicted by 
ha.Tiging the couyict by the neck until he is dead. 



{ 506. Id.; ^irhere inflicted. — The punishment of 
death must be inflicted within the walls of the prison of 
the county in which the conviction of the person sen- 
tenced took place, or within a yard or inclosure adjoin- 
ing thereto. For the purposes of this section, the 
** piison" is defined to be the jail appointed by law for 



a 507-509. EXECUnONa 132 

the confinement of convicts awaiting^ execation of their 
sentence. 



$ 507. Id.; Wlio to be present. — It is the duty of 
the sheriff or under-sheriff of the county to be present 
at the execution, and to invite the presence, by at least 
thi'ee days' previous notice, of the county judge, dis-> 
trict attorney, clerk and surrogate of the county, togeth- 
er with two physicians, and twelve reputable citizens of 
full a£fe, to be selected by the sheriff or under-sheriff. 
The sheriff or under-sheriff must, at the request of the 
criminal, permit such ministers of the gt)spel, priests or 
clergymen of any religious denomination, not exceeding 
two, and such of the immediate relatives of the convict 
as he desires, being of fuU age, to be present at the exe- 
cution ; and such officers of the prison, deputy sheriffs, 
and constables or marshals must attend, as the sheriff or 
under-sheriff deems expedient to have present. Besides 
the persons designated in this section, no one shall be 
permitted to be present at the execution. 



$ 508. Id. \ certificate after execution. — The sheriff 
or under-sheriff attending the execution must prepaid 
and sign a certificate, setting forth the time and place 
thereof, and that the convict was then and there exe- 
cuted, in conformity to the sentence of the court, and 
the provisions of this Code and must procure the certifi- 
cate to be signed by the county judge, surrogate and 
district-attorney, if they were present, and by the phy- 
sicians and citizens selected by the sheriff who witnessed 
the execution. He must cause the certificate to be filed 
in the office of the clerk of the county 



§ 509. Id. ) When Inflicted by sheriff in an ac^oin- 
ing county. — If in any county there is not a county jail 
for the confinement of criminal prisoners, or the jail has 
become unfit or unsafe for the confinement of prisoners, 
or is destroyed by fire or otherwise, and the county 
jud^ of the county has, according to law, designated 
the jail of a contiguous county for the confinement of 
the pnsoners of the county, the sheriff of the county in 



133 HABITCAL CRiaONAI^. ^ 610-613. 

'which, a convict eentenced to death is confined mnst 
attend, upon the day appointed for the eiecution of the 
sentence, at the jail of his county, and there conduct the 

Sroceedings and execute the sentence, in all respects aa 
the jMl were situated ia the county where the convic- 
tion t(x)k place. 

CHAPTER n. 



toadJndKed wbon liable to arresl and panieh- 

S13. Id.; Bvidenoe of character on anbaequent trial 
SIL Id.; always lUble to aoarcb, etu. 

S 510. When oonvlct ma^ be a^udged an habitual 
cnminaL^When a person la here^er convicted of a 
felony, who has been, before that conviction, convicted 
in tlus Bta.te of any other crime, he may be adjudged 
by the court, in addition to other punishment inflicted 
upon him, to be an habitual ciiminal. A person con- 
victed of a misdemeanor, who haa been already five 
times convicted in this state of a misdemeanor may be 
adjudged by the court in addition to, or instead of, other 
ponishmen^ te be an habitual criminal. 

8ee Peo. o. HoCartby, 15 How. Pr., 97. 



$511. Jndgment ( 

The judgment specified 
entered m a separate bo( 

copy of the entry, duly „_, , „. 

court, is proof of the judgment, and a copy, so certified, 
mnet be forthwith transmitted to the police department 



i 512. PerwMM »> adjured whan llftUe to nm&t 
and pmrirtmept. — A person who has been adjudged an 
habitual criminal is liable to arrest summarily with or 
-without warrant, and to pnnishment as a disorderly 



i§ 5ia-514. HABITUAL CRIMINALS. 184 

person, when he is found without being able to account 
therefor, to the satisfaction of the court or magistrate, 
either, 

1. In possession of any deadly or dangerous weapon, 
or of any tool, instrument or matenal, adapted to, or used 
by criminals for, the commission of crime, or 

2. In any place or situation, under circumstances 
giving reasonable ground to believe that he is intending 
or waiting the oppoHunity to commit some crime. 

Not entitled to Jury trial. Peo. v. McCarthy, 46 How. Pr . , 97. 



$ 513. Id.; evidence of character on subsequent 
trial. — A person who, having been adjudged an habitual 
criminal, is charged with a crime committed thereafter, 
may be described in the complaint, warrant or indict- 
ment therefor, as an habitual criminal ; and, upon proof 
that he has been adjudged to be such, the pix)secution 
may introduce, upon the trial or examination, evidence 
as to his previous character, in the same manner and to 
the same extent as if he himself had fii*st given evidence 
of his character and put the same in issue. 



$ 514. Id.; alw2LjB liable to search, etc. — The 

person and the premises of eveiy one who has been 
convicted and adjudged an habitual criminal shall be 
liable at all times to search and examination by any 
magistrate, sheriff, constable, or other officer, with or 
without warrant. 

Is forcible examination of person constitutional, QucBre, 
See Peo. v. McCoy, 46 How. Pr.,216. 



TITLE XI. 

Of Appeals, 

Chapteb I. Appeals, when allowed, and how taken, 
n. Dismissing an appeal, for irregularity, 
ni. Argumentof the appeal. 
IV. Judgment upon appeaL 



CHAPTER I. 






ilB. ParWes, huw deiignated oi_ _^, — 

., T.. ._L_. . ... .......^ iiy (]g|-gm 

.Ben', geavnuly. 
... . malKr or rig&t 
K!l. Most be tnkeu witliin one ;ev Bllerjadgi 
S2Z-iJS. ApiHiitl, how taken. 
bm. Appeal by Hip people^ 



Gilt. In wbatci 
6iB. In wbaC i 
S2D, Appeal, t 



SIS. Stay, Dpun appeal (o ( 

BBB. Certiflcato of elny not I 
■■ ■ rney. 



>r effect the judg- 
appeal lo sapremu court ttom 
lurt of appeals from Jadgment 



J 616. Writs of error and certiorari abolished; ap< 
peal substituted. — Writs of eri'oi' anil of cei-tioiai'i in 
criminal acliona anrl proceeditigs and tpedcU pniceedings 
of a crimiiuU iMture, aa they have heretofore exial&l, 
are abolieheit ; and hei'eafter the only mode of i-eview- 
\ag a judgment or ordei' in a criminal action or proceed- 
ing, or special proceeding of a criminal nature, 13 by 
appeal. [Am'd ch. 372 of 1H84] 

T-eo.elc.c. Carney. X N. Y, Cr. . 270 ; Peo. o. IturielKh, 1 N. 
T. Cr., Mi. 

} 616. Parties, how designated on appeaL — ThepnWy 
appealing- is i:iiowii aa the aji]ieilniit, ami Ihe aiivei-M> 
party as the respondent. But Ihe title of the action ia 
not changfed, in consequence of the appeal. 

$ 617. When defendant may app»l. — An appeal to 
the supreme court may be taken by the defendant, from 
the judgment on a conviction after indictment, and upon 
the appeal, any actual decision of the court in an inter- 
mediate order or proceeding forming a part of the judg- 
ment roll, as prescribed by section 48S, may be reviewed, 
gnpreme Coart liaa nojnrisdlctioa on appeal except aa given 
by stacntes. Shufllln v. Veo.,t Una, 16. Appeal In criminal 
oooiompl. Peo.e. Dwyer, W N. T ^ 402 ; a. c, S? IIun.54S ; Peo. 
t>. Gilmora, !« N. Y. 6-2tt. Order dcnjing motion in arrest of 
Indgemenl appealable, Peo. p. JSork, I \. Y, Cr,, Sftl. 

} 51S. When the people may. — An appeal I0 the 
supreme court may be taken by the people in the fol- 
lowing cases and no other i 



§i 519-524. APPEALS^ HOW TAKEN. 136 

1. Upon a judgment for the defendant^ oa a demurrer 
to the indictment. 

2. Upon an order of the court, arresting the judgment. 

A new trial cannot be granted, when defendant has boen ac- 
quitted of a l^lony . Peo. v. Comstook, S Wend., 649. See Peo. 
V, Coming, 2 N. X., 9. 

6 619. In what oases gvnerally. — An appeal may be 
taken from the judgment of the supreme court to the 
court of appeals, in the following cases, and no other : 

1. From a judgment affirming or reversing a judgment 
of conviction ; 

2. Fix)m a judgment affirming or reversing i^ judgment 
for the defendant, on a demurrer to the indictment, or on 
an order of the court arresting the judgment. 

3. From a final determination affecting the substantial 
right of a defendant. 

Are praferred canses. Sole 11, Ct. App., and first in order. 
Bole 20, id. 

{ 520. Appeal, a matter of light. — All appeals, pro- 
vided for in this chapter, may be taken as a matter of 
right. 

$ 521. When to be taken. — An appeal must be taken 
within one year after the judgment was rendered. 

§ 522. Appeal how taken. — ^An appealmust be taken, 
by the service of a notice in writing on the clerk with 
whom the judgment roll is filed, stating that the appel- 
lant appeals from the judgment. 

{ 523. Id. — If the appeal be taken by the defendant 
a similar notice must be served on the district attorney 
of Ihe county in which the original judgment was ren- 
dered. 

§ 524. Id. — If it be taken by the people, a similar 
notice must be served on the defendant, if he be a resi- 
dent of, or imprisoned in the city or county ; or if not, on 

the counsel, if any, who appeared for him on the trial, if 
he reside or transact his business in the county. If the 
service cannot, after due di]igence,be made, the appellate 
court, upon proof thereof, may make an order for the 
publication of the notice, in suchnewspaper^ and for such 
time as it deems proper. 



187 OTAT ON APPEAL. 

J B2B. When Appeal 1b perfected. — At the 

of the time appointed for the publii;aUon, on tili 
davit of tbe publication, the appeal becomae p 



dl 



16. No atay on appeal by the people. — An appeal 

by the people, in no case stays oi' affects the ope- 
of ajudgToent in favor of the defendant, until Ute 
judgment ia reversed. 

J 527. Stay on appeal from oonviction. — An appeal 
to the Buprerae com't, from a judgment of conviction, or 
other determination from which an appeal can be taken, 
ataye the execution of the judgment or determination 
upon filing, with the notice of appeal, a, eertiticate of the 
judge who pre^ded at the tria^ or of a judge of the 
""""""■- ""urt, that in hia opinion there la reasonable 



doubt whether the judgment Miould stand, but not other- 
•wiee, except that when the judgment is of death, the 
appeaJ stays the execution of course until the detei-mina- 
tion of the appeal. And the appellate court may order a 
new trial if it be satisfied that the verdict against the 
prisoner was agfaiost the weight of evidence or against 
law, or that iustice reqaii^ea a new trial, whether any 
exception shall have been taken or not in the courb 

Under what circnmatanceB Btajrrtiould be gTanlert. SulliTSn 



i.' V. ^HMoE 



■fi!!?- 



$ 628. Stay upon appeal from afSrmance of convlc- 

— — An appeal to the court of appeals, from a judg- 
■ "■ ■ - ■ ' - it of Con- 



or a judge of the court of appeals, or or the supreme court, 
that, in his opinion, there is reasonable doubt whether the 
judgment should stand, but not otherwise. Except that 
wtien the judgment is of death, the appeal stays the 
" oui'se, until the determination of the appeal. 



|§5a0-533. EFFECT OF STAT. 138 

be granted upon an appeal on a oonvktion of felony^ until 
8Qch DOtioe as the judge may prescribes has been given 
to the district attorney of the county where the convic- 
tion was had, of the application for the certificate. Bat 
the jndge may stay the ezeciiti<Ni of the judgment, in 
the meantime. 



{ 53a EiiBCtoftfaestay.^If the certificate, provided 
in eecUons 527 and 528, be givoi, the sheriff must, if the 
defendant be in his custcKiy, upon being served with a 
copy of the order, keep the ^fendant in his custody, 
without executing the judgment, and detain him to abide 
the judgment upon the appeaL 

} 531. Id. — Jl, before the granting of the certificate, 
the execution of the judgment have commenced, the 
further execution thereof is suspended, and the defend- 
ant must be restored by the officer in whose custody he 
is, to his original custody. 

§ 532. Transmitting papers to appellate court. — 

Upon the appeal being taken, the clerk, with whom the 
notice of appeal is filed, must, within ten days there- 
after, without charge, transmit a copy of the notice of 
appeal and of the judgment roll, as foUows : 

1. If the appeal be to the supreme court, to the clerk 
of that court, where the next general term in the district 
18 to be held. 

2. If it be to the court of appeals, to the clerk of that 
court. 

Application to amend retnm Bhoold be made to court where 
Judgment was rendered. Be w v. Barker , 2 Cow., 406. On order 
of appellate court. Bule 3, Ct. App. 



CHAPTER n. 

DISMISSING AX APPBAL, FOR IBBBaULARITY. 

Bbo. S88. For what irregularity, and how, dismissed. 
634. Dismissal for want of return. 

§ 533. For what irregnlarity, and how, dismiaoad. 

—If the appeal be irregular in a substantial particular. 



139 APPEAL. DISMISSAL. ARGUMENT. §} 534-537. 

bat DOt otherwise, the cooi't may, on any day in term, 
OD motion of tha respondent, upon five days' notice, 
served with copies of the papera on which the motion is 
founded, order it to be dismissed. 

(/ 634. Diamisaal for want of return. — Tlie court, 
may also, upoo hke uiotiou, dismiss the nppe&I, if the 
return l>e not made, as provided in section 533, unless, 
for good cause, they enlarge the time for that purpose. 



Sbo. B31>. Appeal to auiirema court, how and irbere brought to 

<9S. AnpenL to oonrt of appeals, how tironelit to nrinimeTit. 

G37. Satiee ol urgument 1^ CODQiiel for defencLant. 

B38. Papers, by whom furnlslieci, and effect of omlBston, 

Saa. Judgment of aBlrniiince mar bo without argnment, If 
appellant fbil to appear. BeversHl, oal j upon arma- 
ment, though respondent ta\l to appear. 

ua. Nnmtierof Doansel b) be heard. Delbadant's counsel 

511. De&udaut need not be present, 
^ 636. Appeal to Bupreme court, how and where 
brought to argument. — An appeal to the supreme court 
may be brought to argTiment by either party, on ten 
days' noOce, on any day, at a genera! term, held in the 
departiaeiU' in which (he original judgment was given. 
[Am'd ch. 384 of 1884.] 

Appeals and oUier proceedings In a oiimlaol cnuee a 
titLedtoprelferenoe. Code of Civil Proe., ( 7M. Maybe 
on any day In tonn. Sup. Ct., Rule 13. See Barron p. 



.iu." 






5 536. Id. ; In court of appealo.— An appeal to the 
coui^ of appeals may, in the same manner, be brought 
to argument by either party, on any day in term. 

(537. IToUoe of argmaent. — If a counsel, within fiv» 
days after the appeal, have given notice to the district 
attorney, that he appeara for the defendant, notice of 
argument must be served on him, instead of the defend- 
ant ; otherwise, notice must be served as the court may 



§$68S-541. ARGUMENT OF APPEAL 140 

{ 538. PaperSi by yrhom, fomiAhed.— When the 

appeal is called for argument, the appellant moBt famish 
the court with copies of the notice or appeal and judg- 
ment roll. If he fail to do so, the appeal must be 
dismiased, unless the court otherwise direct. 

See Bole 41, Sap. Ct. 

6 639. Azgmnent, irhen necessary. — Judgment of 
affirmance may be given, without argument, if the 
appellant foil to appear. But judgment of reversal can 
only be given upon argument, though the respondent 
fftil to appear. • 

See Bole 15, Ct. App.; Barron v. Peo., 1 Barb., 136. 



{ 540. Number of connseL Defendant's connsel 
to close. — Upon the argument of the appeal, if the 
•crime be punishable with death, two counsel on each 
aide must be heard if they require it. In any other 
case, the court may, in its discretion, restrict the argu- 
ment to one counsel on each side. The counsel for the 
defendant is entitled to the closing argument. 



§541. Defendant need not be present — The 

defendant need not personally appear in the appellate 
court. 

CHAPTER IV. 

JUDGHBNT, UPOK APPBAL. 

Bbo. 542. Court to ffive Jadgment, without regard to technieal 
errors, nefecta or excoptions, not affecting substan- 
tial rights. 
648. May reverae, affirm or modify the Judgment, and order 
a new trial. 

644. New trial. 

645. Defendant to be discharged on reversal of judgment 

against him, where now trial is not ordered. 

646. Judgment to be executed, on affirmance against the 

defendant. 

647. Judgment of appellate court, how entered and 

remitted. 

648. Papers returned, not to be remitted. 

549. Jurisdiction of appellate court ceases, after Judgment 
remitted. 



141 JUDGMENT UPON APPEAL. }fi S42-M7. 

S 542. Court to disregard errors, not affecting- 
miMtaiitial rightn. — Al'ter heai'iiig the appeal, the 
court must g'ii'e judgment, without t'egaiil to technical 
errora or defects or to eiceptiona which do not affect the 
eubBtantial rig-hts of the psj-tiea. 

lilegal etiiienco which mjiy have ppejudiood the prisoner !s 
p-OBiid for Dcw trial. Lamlien o. Peo., 6 Abb. N. C, Ul. Sea 
CoxD. Peo-.tms. Y,,fiOU. Most be exception Co bring- up qnes- 
tiooB ftr review. Brotliorton v Peo., 75 N. T., 1»9. Sea Latti- 
merc. Htll, BHan, ITI; CInte v.Bmmeriok, ISIb., SU ; Uwttc. 
Feo., S6 N. Y., 373 ; Irving v. Peo., a N. Y. Cr., 60. IVjrmal de- 
fects. Scliiimpf V. Peo., 11 Han, 10. 

J 643. Hay i eversa, aSna or modify. — Upon 
hearing the appeal the appellttle court may, in casaa 
where an erroneouB judgment has been entered upon a. 
lawful verdict, correct the judgment to conform to the 
-verdict, in all other cases they must either reverse or 
affirm the judgment appealed from, and in cases of 
revei'sal, may, if necessary or proper, oi-dei- a new tiial, 
Wtien now trial ahonld not ha ordered. Foot o, .^tiia L, Ins. 
Co.,ei N. v., 571; SawYcr o. Peo,, 27 Hun, aW. Cannot enter- 
tain original motion. Ostraadcrv. Peo., as Hun. M. See Peo. 
n. Hover,30ib„35*. 



§ 545. Defendant to be discharged or reversal if 
nen- trial ia not ordered. — If a juitgmunt against the 
defendn.iit be I'evei-aed, without ordering a new ti'iiil, the 
apiwlliite court must dii-ect, if he be in custody, that ho 
be disi^hai'i^ed therefrom, or if he l>e admitted to bail, 
that hia bail be exonei'ateri, or if money be deposited, 
instead of bail, that it be refunded to the defendanL 

§ 546. Judgment -to be ex«cnted, on affirmauoe 
against -the defendant. — On a judginent of aliii'niaiii'e 
agaiiiHt the defeniiaut, the original judgment must be 
carried into execution, as the appellate court may direct, 
and if the defendant be at large, a bench warrant mn.y 
be issued for his arrest. If a judgment be corrected, the 
con-eeted judgment must be cari'ied into execution aa 
the appellate court mav direct. 

Beaenlintce In capital case. Hoett v. Peo., SO, N. T., ITS. 

S 547. Jndgmentof appellate ooQTb how- entered, 
and rMaltted. — 'When the judgment of the appellate 
court is ^ven, it most be entered tn the judgment book. 



$$ 54^549. JUDGMENT UPON APPEAL. 143 

and a certified copy of the entrv forthwith remitted to 

the clerk with whom the original judgment roll is filed, 

or, if a new trial be ordered in another county, to the 

clerk of that county, unless the judgment be i*endered 

in the absence of the adverse x>ai'ty, in which case, the 

court may direct it to be retained, not exceeding ten 

days. 

See Rule 16, Ct. App. 

$ 648. Papers returned to be remitted. — The de^ 
eision of the court and the return shall he remitted to the 
covH below in the same form and mann/eraA in civU 
mictions, [Am'd ch. 505 of 1884.] 

§ 549. "When jurisdiction of appellate court 
ceases. — After the certificate of the judgment has been 
remitted as provided in section 547, the appellate court 
has no further jurisdiction of the appeal, or of the pro- 
ceedings thereon ; and all orders, which may be neces- 
sary to carry the judgment into effect, must be made by 
the court to which the certificate is remitted, or by ao^ 
court to which the cause may thereafter be removed. 



TITLE XII. 

' Of MisceUaneoua Proceedings. 

Chafteb I. Bail. 

n. Compelling the attendance of witnesses. 

III. Examination of witnesses, conditionally. 

IV. Examination of witnesses, on commission. 

y. Inquiry into the insanity of tlie defendant, before 

or daring tlie trial, or after conviction. 
YI. Compromising certain crimes, by leave of the 

court.' 
yn. Dismissal of the action, before er after the indict- 
ment for want of prosecution, or otherwise, 
yill. Remittinjsr the punisnment, in certain cases. 
IX. Proceedings against corporations. 
X. Entitling affidavits. 
XI. Errors and mistalces, in pleadings and other pro* 

ceedings. 
xn. Disposal of property, stolen or embezzled. 
XIII. Reprieves, commutations and pardons. 



143 



BAIL. 



a 550-552. 



CHAPTER L 

BAIL. 

ASTIGUB L In what cases the defendant may be admitted to 
Bail. 
n. Bail, upon being held to answer, before indictment. 

III. Bail, upon an indictment, before conviction. 

IV. Bail, upon an appeal. 
V. Deposit, instead of bail. 

YL Surrender of the defendant. 
TIL Forfeiture of the ondertaking of bail, or of the 

- deposit of money. 

viLL Be-commitment of the defendant, after having 
given bail, or deposited money instead of bail. 



ARTICLE I. 

IN WHAT CAfiBS THB DBFEITDANT MAY BB ADHnTBD TO BAIL. 

8eg. 650. Admission to bail, defined. 
661. Taking bail, deflned. 

652. Offenses not bailable. 

653. In what cases defendant may be admitted to bail» 

before conviction. 
' 664. In what cases he may be admitted to bail, after con- 
viction and upon appeal. 

555. Nature of bail before conviction. 

656. Nature of bail atter conviction and upon appeal. 

$ 550. Admisoion to bail defined. — Wlien the 
defendant is held to appear for examination, bail for 
such appearance may be taken either, 

1. By the magistrate who issued the warrant or befoi'e 
"whom the same is returnable ; or, 

2. By any judge of the supreme court. 

§ 551. Taking bail defined.— The taking of bail 
consists in the acceptance, by a competent court or 
magistrate, of the undertaking of sufficient bail for the 
appearance of the defendant according to the terms of 
the undertaking, or that the bail will pay to the people 
of this state a specified sum. 

Eighth Amendt. Cons. TJ. S. Art. 1, $ 5, N.Y. Const. The power 
to admit to bail is in^'ident to power to hear and determine. Peo. 
V. Van Home, 8 Barb., 168 ; Peo. v. Shattuck, 6 Abb. N. C, 83. 

§ 652, Offenses not bailable^ — The defendant cannot 
be admitted to bail except by a judge of the suprenae 
court or by a court of oyer and terminer where he is 
charged, 

1. With a crime punishable with death, or 



$§ 552-664. WHEN BAIL ALLOWED 144 

2. With the infliction of a probably fatal injury upon 
another, and under such drcumstancesy as that, if death, 
ensue, the eiime would be murder. 

If fiftcts do not sustain charge of murder contained in warrant, 
bail may be allowed. Pec. v. Stieriff of Westchester, 1 Park, 
6fi0; Peav. Porter, 8 Barb., 108; Peo. v Beigler, 8 Park, S16; 
Peo. V. Baker, 10 How. Pr.* 667; see also, Peo. v. Collins; 20 
How. Pr., 111. 

{ 553. "When defendant may be admitted to bail, 
bMore conviction. — If the charge be for any other 
crime, he may be admitted to bail, before convicticni, as 
follows : 

1. As a matter of right, in cases of misdemeanor; 

2. As a matter of discretion, in aU other cases. 

{ 564. When he may be admitted to bail, before 
conviction and ni>cn appeaL — Before conviction, & 
defendant may be admitted to bail, 

1. For his appearance before the ma^strate, on the 
examination of the charge, before being held to answer. 

2. To appear at the court to which the ma^strate is 
required, by section 221, to return the depositions and 
statements, upon the defendant being held to answer, 
after examination. 

3. After indictment, either upon the bench warrant 
issued for his arrest, or upon an order of the court com- 
mitting him, or enlarging the amount of bail, or upon 
his being surrendered by his bail, to answer the indict- 
ment in the court in which it is found, or to which it ma^ 
be sent or removed for trial. 

And any captain or sersfeant of police in any city or 
village of this state may t^e bail for appearance before 
a competent and accessible magistrate the next morning 
from any person arrested for a misdemeanor between 
two o'clocK in the afternoon and eight o'clock the next 
morning, if a magistrate competent to take the bail be 
not found within an hour after the arrest. When such 
captain or sergeant of police takes bail he must take it 
by an undertaking in the form in this section mentioned, 
executed in* his presence by the defendant and at least 
one surety who must justify under oath and for that pur- 
pose the officer may administer the oath. The amount 
of bail taken by a captain or sergeant of police under 
this section must be as follows : If the offense be the vio- 
lation of a corporation ordinance the amount of the bail 
must be one hundred dollars, except that if a conviction 



145 BAIL ON APPEAL. JJ 555-356, 

upoD the charge wonld render (Re defendant liable only 
for a line, the amount of the liail must be double the 
laifrest fine that coulil be imposed ; if the conviction 
would render him liable to imprisonment for thirty daya 
or less, the amount of bail must be two hundred doUArs. 
In all other cases the amount of bail must be five hun- 
dr«d dollars. The form of the undertaking mioat be aa 
follows : 

We A. B,, defendant and , residing at number 

, in and C, D., defendent,* residing at, hereby 
jointly and severally undertake that the alwve A. B., 
defendant, shall appear and answer the complaint (de- 
ocribinff it briefly) before the maeietrafe before whom he 
would be arraigned if not bailed on the . day of , 
eighteen hundred and , at o'clock, to answer to 
the complmnt, and there remain to answer, aubiect to 
any order of the magistrate, and render himself in exe- 
cution thereof, or if he fiul toperforra either of these cou- 
ditions, then he will pay to the people of the state of 
Hew York the Btmi of 

§ 555. Nature of ball before conviction. — After 
the conviction of a criioe not punishable with death, a, 
defendant who has appealed, and when there is a stay 
of proceedings, but not otherwise, may be admitted to 

1. As a matt«r of right, when the appeal is from a 
judgment imposing' a fine only ; 

3. As a matter of discretion, in all other cases. 

J 556. ITatnre of bail aftoi oonirlctioa and upon 
appeal. — After conviction and apon au appeal, the de- 
fendant may be admitted to bail, aa follows ; 

1. If the appeal be fi-om a judgment impouug a fine 
only, on the undei-taking of biul, that he will pay the 
same, or such part of it aa the appellate com-t may di- 
rect, if the judgment be affirmed or modified or the ap- 
peal be dismissed j 

2. If judgment of imprisonment have l>een given, that 
he will surrender himBelf in execution of the judgment, 
Tiiion its being affirmed or modified, or upon the appeal 

ARTICLE II. 



admitted to bnil 






r 



a 657-659. BAIL BEFORE INDICTMENT. 146 

660. At what time defendant may be admitted to bail by a 
magistrate. 

660. In cities, if crime be felony, application for admission 

to bail must be on notice. 

661. Form of order, if made by the court. 

662. Form of order, if made by a magistrate. 

663. If application be denied by a magristrate, no snbae 

quent application can be made to another magis> 
trate. 

664. Violation of last section a misdemeanor. Admissioir 

to bail in such case, how revoked or vacated. 

665. Construction of last two sections. 

666. Decision final. 

667. Bail, by whom taken. 

668. How put in; and form of undertaking. 

669. Qualifications of bail. 
57(W572. Bail, how to justify. 

673. Bail may be examined as to sufficiency. 

674. Other testimony may be received as to their safll- 

ciency. 

676. Decision as to their sufficiency ; and filing affidavits 

of justification and undertaking. 
678i. On allowance of bail, and execution of undertaking, 
defendant to be discharged. Form of discharge. 

677. If bail disallowed. 

§ 557. "Who may admit to bail. — When the defend* 
ant has been held to answer, as provided in section 208, 
the admission to bail may * bv the magistrate by whom 
he is 80 held, if he be one of tne ma^strates mentioned 
in section one hundred and forty-seven, and the crime 
charged is a misdemeanor, or a felony punishable with 
imprisonment, not exceeding five yeai*s ; or if he be a 
judge of the supreme court ; or any judge authorized to 
preside in a court having jurisdiction to try indictments, 
in all cases where bail may be taken, before conviction, 
as provided in section 554. 

Peo. V. Dutcher, 83 N. Y., 240. 

{ 558. Id. — When, by reason of the degree of 
the crime, the committing mas^trate has not au- 
thority to admit to bail^ the defendant may be admit- 
ted to baU by one of the officers having authoritv to ad- 
mit to bail in the case, as provided in the second subdi- 
vision of the last section, op by the court to which the 
depositions and statements are returned by the commit- 
ting magistrate, as provided in section 221, if the case 
be triable therein, op if not, by the court to which, after 
indictmen t, it may be sent op removed fop trial. 

§ 559. When magistrate may bail. — The defend- 
ant may be admitted to bail by a magistpate, as provid- 
ed in the last two sections, upon being held to answer* 

•Sic. 



NUMBER OF APPLICATIONS. }j o60-5M. 



Coorl alone nftn ball while Insesaion. Sx Parte Babcock, 3 
_ib!j. Pr. N.8., -Mi. See Peo. t>. Uaws, 17 N. Y.,3B; I'eo, c. 
Meml.as Hmi, Bi7 ; 9. c.,»i N. Y., lis ; Fee. o. Sharwia, ITW. 

a noUcs. — In the Bevernl 
e charged be a, felony, tlie 
application for admiBsion to bait must be upon notice of 
ftt least two days, to ihe district atlompy of the county, 
unless the magisti'ate by order fixes a shoi'ter time ; and 
the committing ina^trate, npon the like notice, in wnt- 
ing-, rwiuiring hini to do so, must transmit the dejxisi- 
lions an<l statement, or a copy thereof, to the court or 
magistrate to trhom the application for bail is to be 

5 561. Form of order made by the comt. — If the 

application be to the court, an onler must be mnile, 
gra nting' or denying- it, and if it be granted, sta-ting the 
enm in which bail may be taken. 

{ 562. Form of order made by a magistnite. — If 
Ihe applicatiou be to a ma^trate, he must certify, in 
writing, hid decision grantii^g oi" denying the sajiie ; and 
if he grant the application, must state in the certificate 
the sum in which bail may be taken ; which cei'tiBcute 
lie must cuittse to he forthwith tiled with the clevk of the 
-coiu't to which the depositions and statement are i-equired 
to be sent. 

J 5G3. If applioatloii ba denied. — if an application 
for admission to bail, made to a magisti'ate, be deni»i. 
Dot more than two subsequent applicatjotia thei'efor can 
"be made to other maj^isti^tee, except that an appUcation 
■can lie made to any magistrate mentioned in anbdiviBion 
two of section 557, if no application haaTjeen pi-eviously 
mode to a magistrate mentioned thort-'in. 

See Peo. v. Cunulngham, 3 Park., 5il. 

} 564. Tnolation of last saotioii.— A Tiolation of the 
last secticin ia pmiishable as a misdemeanor, and the 
admission of the defendant to bail contrary thereto may 
■be revoked by the magisfrate who made it, or vacated 
by the court to which the depodtions and statement ai'e 
or must be sent, as provided in section 221, or to which, 
after indictment, the action must be sent for trial. 



§} 565-569. FORM. QUALIFICATIONS. 143 

§ 565. Constmction of last two sectioxis. — Tlie 
provisiona of the last two fiections shall not be construed 
to limit the power of any iudgpe presiding in the court 
in which the offense is triable to let the defendant to baiL 

§ 566. "When decision finaL — The decision of the 
judge presiding in the court in which the crime is triable^ 
granting or denying bail, is final, except as provide ia 
section 563. 

§ 567. Bail, by 'whom taken. — If the defendant be 
admitted to bail by a magistrate, the bail must be taken 
by the magistrate gfranting the order, unless the order 
shall specify that the same nuLy be taken by some other 
designated magistrate. 

} 568. How put in ; and form of undertaking. — 
Bail is put in, by a written undertaking, executed by 
sufficient surety (with or without the defendant, in the 
discretion of the magistrate), and acknowledged before 
the magistrate in substantially the following form : 

"An order having been made on the day of » 

18 , by A. B., a justice of the peace of the town of , 
(or as the case may be), that C. D. be held to answer, 
upon a charge of (stisiting briefly the nature of the crime), 

rn which he has been duly admitted to bail, in the sum 
dollars; 

We, (C. D., defendant, if the defendant join in the 
midertskking), of (stating his place of residence and 
occupation) and K. F., and G. H., (stating place of 
residence and occupation) sui*ety, or sureties (as the case 
may be) hereby imdertake, jointly and severally, that 
the above-named 0. D. shall appear and answer the 
charge above mentioned, in whatever court it may be 
prosecuted ; and shall at all times render himself amen- 
able to the orders and process of the court ; and, if con- 
victed, shall appear for judgment, and render himself in 
execution thereof; or if ne fail to perform either of these 
conditions, that we will pay to the people of the state of 
New York, the sum of dollars " (inserting the sum 

in which the defendant is admitted to bail). 

{ 569. QualiflcationB of balL — The qualifications of 
bail are as follows : 

1. He must be a resident, and a house holder or free- 
holder within the state, and, unless the magistrate other- 
wise direct, within the county ; 

3. He must be worth the amount specified in the under- 
taking, exclusive of prope^-ty exempt fix>m execution; 



J 



149 PROCEEDINGS ON BAIL. Jj 670-674. 

but the magiatrate, on taking bail, may require two 
suretiea, or may allow two or more to justify aeverally 
in amounts leas than that eipreseed in the undertaking, 
if the whole jostification be equivalent to that of one 
snffideat surety. 

AUomey cunat ba surety. Kale B, Sap. Ct. 

{ 570. Ball, how to jnsttfy.— Except ae preacribed 
In the next eectiiin, the bail may, iri the eierciBe of a 
just discretion, be taken, and may justify, without 
notice to the disti'ict attoi'uey, or ivasunable notice of 
the intention to give ball ma.y be requii'ed by the. 
court or magistrate, to be givvii to the diati'ict attorney. 
When given, the notice shall be as prescribed in the next 
sectJOQ. 

G 571. notice of applicatioD for bail —In the seve- 
lal cities of this state, if the erime charged be a felony, 
a, previous noUce in writing' of at least two days, uf the 
time and place of giving tiie bail, must be served upon 
the district attorney of the county, stating : 

1. The names, places of residence and occupations of 
iihe proposed sm-ety or sureties ; 

2. A general description of the real or personal profv 
erty of the surety or sureties, in respect to which they 
propose to justify as to their sufficiency, with the incum- 
brances thereon, by mortgage, judgment or otherwise, 

The district attorney may wwve the giving of the 
notice hei-ein provided for, or a shorter time than two 
days may be directed by the court or magistrate requir- 
ing the notice. 

$ 572. AfSdavlt of sureties, — The surety or sure- 
ties must in all cases justify by a.fiidavit. taken befoi-e 
the magistrate. The affidavit must state that each of 
the sureties possesses the qualifications provided in 
nection 569. 

SeeStratWino. Pdi)., aOHnn.SeS; 81 N. T., ffi9. - 

$ 573. Bail nay be ezaiiilned.^The district attor- 
ney, or the magistrate, may thereupon further examine 
the sureties upon oath, concerning tbeir sufficiency, in 
each manner as, the magistrate may deem proper. The 
questions put to the sui'eties, and their nnnwers must 
be reiluced to wiiting, and must be svdiscribed by 

$ 674. DeciHlon as to their aufficienoy. — The mag- 
istrate may aJaoi'eceive other testimony, either for or 



H 675-578. PROCEEDINGS ON BAIL. 150 

against the sufficiency of the bail, and may from time to 
lime adjourn the taking of bail, to afiford an opportunity 
of provmg or disproving its sufficiency. 



{ 575. FOlng affidavits and undertaking. — When the 
examination is closed, the magistrate must make an 
order, either allowing or disallowing the bail, and must 
forthwith cause the same, with the affidavits of justi- 
fication, and the undertaMng of bail, to be filed with the 
clerk of the court to which the depositions and statement 
must be sent, as prescribed in section 221. 



§ 576. Discharge. — Upon the allowance of the bail 
and the execution of the undertaking, the court or mag- 
istrate must make an order, signed by him, with his 
name of office, for the discharge of the defendant, to the 
following effect : 

** To the sheriff of the county of , [or, in the 

cit^ and county of New York, " to the keeper of the city 

Snson of the city of New York:"] "A. B., who is 
etained by you on a commitment to answer a charge 
for the Clime of, [designating it generally,] having 
given sufficient bail to answer the same, you ai'e com- 
manded forthwith to discharge him from your custody. 



t* 



§ 577. If bail disaUowed.— If the bail be disallowed^ 
the defendant must be detained in custody until lawfully 
dischai'ged. 

ARTICLE IIL 

BAIL, UPON Air IKDIOTMBirr BSFORB OOKTIGTION. 

Sbo. 578. In misdemeanor, officer to take defendant before a 
magistrate. 

679. In felony, to deliver him into custody. 

680. Taking bail, when offense is bailable. 

681. Bail, how pat in. Form of undertakine. 

682. Sections applicable to qualifications of oail, to patting 

in and justifying bail, and to incidental proceedings. 

} 578. In misdemeanor, officer to take defendant 
before a magistrate. — When the ciime charged in the 
indictment is a misdemeanor, the officer sei*\'ing the 



151 BAIL UPON INDICTMENT. $$ S'JO-SSl. 

bench-wan*ant must, if required, take the defendant 
before a ma^trate in the county in which it is issued^ 
or in which he is arrested* for the puipose of giving bail 
as prescribed in sections 302 and 305. 

i 579* In felony, to deliver him into custody. — 

If the Clime charged in the indictment be a felony, the 
officer arresting the defendant must deliver him into 
custody, according to the command of the bench-war- 
rant, aa prescribe in section 301. 

§ 580. Taking bail, when offense is bailable. — 

Wnen the detendant is so delivered into custody, if the 
felony charged be bailable, and the amount of bail have 
been fixed, bail may be taken by the judge presiding in 
the court in which the indictment was found, or to which 
it is sent or removed, or by any ma^strate in the county 
belonging to the class mentioned m the second pubdi- 
vision of section 557. 

§ 581. Bail, how put in. Fonn of undertaking. — 
The bail must be put in by a written undertaking, exe- 
cuted by a sufficient surety, with or without the defend- 
ants, in the discretion of the magistrate, and acknowledged 
before the court or its clerk in open court or the magis- 
trate, in substantially the following form : 

''An indictment having been found on the day 

of , 18 , in the court of sessions of the county of 

Albany, [or as the case may be], charging A. B. with the 
crime of, [designating it generally,] and he having been 
duly admitted to bail in the sum of dollars : 

** We, A. B., defendant [if the defendant join in the 
undertaking] and 0. D., surety or sureties, as the case 
may be, of [stating his place of residence and occupa- 
tion] and E. F., oi [stating his place of re&ddence and 
occupation] hereby Jointiy and severally undertake, 
that the above-named A. B. shall appear and answer 
the indictment above mentioned, in whatever court it 
may be prosecuted, and shall at all times render himself 
amenable to the orders and process of the court ; and, 
if convicted, shall appear for judgment, and render 
himself in execution thereof; or if he fails to perform 



a 582-B85 BAIL UPON APPEAL. 162 

either of these conditions, that we will pay to the people 
of the state of New York the sum of dollars,** 

[inserting the sum in which the defendant is admitted to 
bail] 

§ 582. Sections applicable hereto-— The provisions 
contained in sections 569 to 577, both inclusive, apply to 
the qualifications of the sureties, and to aU the proceed- 
ings respecting the putting in and justification of bail, 
and incidental thereto. 

ARTICLE IV. 

BAIL UPOK AN AFFBAL. 

8bc. 683. Who may admit to bail. 

684. Notice of the application, when required. 
686. Qualiflcatlons or bail, and how put in. 

§ 583. "Who may admit to bail— In the cases in 

which the defendant may be admitted to bail upon an 

appeal, as provided in section 556, the order admitting 

him to bail may be made, either by the court from which 

the appeal is taken, or the presiding judge thereof, or 

by the appellate court, or a judge thereof, or by a 

ludare of the supi»eme court. 

'' Peo. V. Bowe, 58 How. Pr., 388. 

§ 584. Notice of the application, when required. 

— The coTirt or ofiicer to whom the application for bail 
is made may require such notice thereof as he deems 
reasonable, to be g^ven to the district attorney of the 
county in which the verdict or judgment was oidginally 
rendered. 

$ 585. Qualifications of baiL^ and haw put in^ 

The sureties must possess the qualifications, and the bail 
must be put in all respects, in the manner prescribed by 
sections 569 to 577, both inclusive; except that the 
xmdertaking must be to the effect that the defendant 
will, in all respects, abide the orders and judgment of 
the appellate court upon the appeaL 



XS8 DEPOSIT. i 

ARTICLE V. 

DBPOSIT IKSTEAD OF BAIL. 

8bo. fi§S. Deposit, nheu and bow made. 

S8T. Majr be mode attar bail giiven, >nd before 

and in such caae bail dischnr^d. 
D8S. Boil may be given alter deposit ; oad In nioli oue 

money depOHiCed U> lie Tefauded. 
68S. Deposit to be applied to paTmenl of Judgment of fine, 

and SDrpiaa to lie refunded. 

S 586. Deposit, when and bow made. — The 

defendajit, at ajiy time after an order admitting him to 
bail, inateiui of living bail, ma^ depoeit with ttS couoty 
treasarer, of the county in which he is held to answer, 
the Enun mentioned in the order ) and upon delivering to 
the oflicer, in whose custody be is, a certificate of the 
depoat) he must be dischar^d from custody. 



{ S87> May be made after bail given. — If the de< 

fend^t liave given bail, he may, at any time before the 
forfeiture of the undertaking, in like manner deport tha 
Bum menfioned in the undertaking ; azid upott tlte depoat 
being' made the ball is eioneratea. 

$588. Bail maybe giveiiafterdepoait.— If money 
be depodted, as pravided in the last section, baii may be 
pveti, in the same manner aa if it had been originally 
siren upon the order for admission to bail, at any time 
before the forfeiture of tha depowt. The court or mag- 
istrate before vhom the bail is taken most thereupon 
direct, in the order of allowance, tl>at the money depos- 
ited be refunded by the county treasurer to the defend- 
ant ; and it must be tefiinded accordingly. 



} 589. Deposit how applied. — When money has 
been depodted, if it remain on deposit and unforfcited at 
tiie time of a j udgment for the payment of a hne, tha 
county tresBurer must, under direction of the court, 
apply the money in satisfaction thereof, aaA after eati»' 

£ng the fine, must refund tlie Burping if any* to tlM 
Tandant. 



$} 590-592. SURRENDER OF DEFENDANT. 154 

ARTICLE VI. 

BUBRBNDBR OF THB DBFBimANT. 

Sec. 690. Surrender, by whom, when, and how mado. 

B/^l. By whom, when and where, defendant may be ar« 

rested for the purpose of a sarreiider. 
fi92. On surrender before forfeiture, money deposited to be 

refunded. Order therefor, how obtained. 

« 6 590. Surrender. — At any time before the forfeiture 
of the undertaking, any surety may surrender the de- 
fendant in his exoneration, or the defendant may surren- 
der himself, to the officer to whose custody he was 
committed at the time of giving bail, in the following 
manner: 

1. A certified copy of the undertaJdng of the bail must 
be delivered to the officer, who must detain the defendant 
in his custody thereon, as upon a commitment, and by a 
certificate in writing, acknowledge the sui*i*ender ; 

2. Upon the undertakinfip and the certificate of the 
officer, the court in which me indictment or the appeal, 
as the case may be, is pending, may, upon a notice oi five 
days to the district attoraey of the county, with a copy 
of the undertaking and cei*tificate, order that the bail oe 
exonerated ; and on filing the order and the papers used 
on the af^ilication, the bail is exonerated accordingly. 



{ 591. Arrest for the purpose of a surrender. — For 

the purpose of surrendering the defendant, any surety, 
at any time before he is finally charged, and at any 
place v^thin the state, may himself arrest him, or by a 
written authority indorsed on a certified copy of the 
undertaking, may empower any person of suitable age 
aad discretion to do so. 



$ 692. Refunding deposit. — If money have been 
deposited instead of bail and the defendant at 9ny time 
before the forfeiture thereof surrender himself to the 
officer to whom the commitment was directed, in the 
manner provided in section 590, the court must order a 
return of the deposit to the defendant upon producing 



IK FORFEinNG BAIL. §{ 593-595. 

the certificate of the officer Bhowingr the siurender, and 
upon a nolice of five dafB to the district attomejr, with & 
OOpjr of the certificata. 

ARTICLE VIL 

■OSFBTTDBB OV TBfl OIlDBBTAXUrDt Or BAH, OB OT THB 
DBFOSIT or HOITBT. 

Sao. G9S. ImiAat cases, and hoir onlered. 

CM. When and how tbribUare may be dlacharged. 

G8S. E'DrfelCare afball, to b« enlbrced bjr action. 

CM. Deposit ormaas}' whea Ibrfelted, botr disposed of. 



j 593. ^nien and how ordered. — If, without suffi- 
dent excuse, the defeudant neglect to appear for airaigu- 
ment, or for trial or judgment, or upon anj other 
occaaion where hia presence in coort may be lawifully 
required, or to aurreuder himself in execution of the 
Judgment, the court must direct the fact to be entered 
upon its minutes ; and the undertaking of his bail, oi* 
the money deposited, instead of bail, as the case ma^ 
be, is thereupon forfeited. 

Whea ball released. Pea. v. Oaiy, IT Wend., S71: Fee. e. 
Green, 6 Hill. «7; Peo. c, etager.IO Wend., «l; Peo.c. Derby, 
1 Park., SSa; Pea. V. Mack, ibid., M7. Whal does not amount to 
atelease. Peo. r. Anable, T Ulll, SS; Feo. r. HcCoy, SS Barb., 
73. What amoonta to a /orteltoni. Feo. V. Potry, a Hill, 023; 
Feo. «. Blaukmaa, IT Wend., 2S2; Feo. v. wilcrug, G Dbq., U. 
What wlU excuse deftult. Feo. w. Baitiett. » Hill. B70; Peo. e, 
Halner, I Den.. tM; Peo, «. Chnanev, U Barb.. 118; Peo. v. 
Cook, IS How. Pr., m. 



J 594. 'When and bow the fotfeltnre may be dla- 
oIiarBed. — If, at any time before the final adjournment 
of the court, the defendant appear and sadsfactorilyei- 
cuBO his neglect, the court may direct the forfdtore of 
the undertaking or deport to be discharged, uponatich 
terms aa are ji^. 

For terms, see Peo. B. Coman, 49 Paw. Fr.,M. 



f* 



$} 59G-598. REMITTING FORFEITURES. 156 

in the last section, the district attorney may, at any time 
after the adjournment of the court, pi-oceed against anv 
surety upon his undertaking'.. Such proceeding shall 
"be by action only, except in the city and county of New 
Yorl^ where it shall be in the method now prescribed 
by special statute. 

§596. Deposit when forfeited, how disposed oH 

— Ifi by reason of the neglect of the defendant to ap- 
pear, as provided in section 593, money deposited in- 
stead of bail is forfeited, and the forfeiture be not dis- 
charged or remitted, as provided in sections 594 and 597, 
the county treasurer with whom it is deposited may at 
any time after the final adjournment of the court apply 
the money deposited to the use of the county. 

§ 597. Remission of forfeiture. — After the forfei- 
ture of the undertaking or deposit, as provided in this 
article, the court directing the forfeiture, the county 
court of the county, or in the city of New York, the 
court of common pleas of that city, may remit the for- 
feiture or any part thereof, upon such terms as ai*e 

just. 

Pco. V. Spear, 1 N. T Cr., 538. 

{ 698. Application therefor, and terms. — ^The appli- 
cation must be upon at least five days* notice to the 
district attorney of the county served with copies of the 
affidavits and papera on which it is founded, and can be 
granted only upon payment of the costs and expenses 
mcurred in the proceedings for the enfbrcement of the 
forfeiture. 

ARTICLE Vm. 

BB-COMMITMBIfT OP THH DBFENDAITF, AFTBR HAVING QIVSK 
BAIL, OB DBPOSITBO MOISTRY INSTBAD OF BAIL. 

Sec. 599. In what cases. 

600. Contents of the order. 

601. Defendant may be arrested in any oonnty. 

602. If for failure to appear for judgment, aefendant must 

be committed. 

603. If for other cause, he may be admitted to bail. 

604. Bail in such case, by whom taken. 
605." Form of the undertakin&r. 

606. Quallflcations of bail, and how put in. 



167 RE-ARRESTS AFTER BAIL, f} 699-603. 

fi 699. In what cases.— The court to ivhich the com- 
mitting' mag-iati'ate I'eturns the depoaition oTid atatement, 
or in which an indictment or appeal is pending', or to 
which a jadgment oa appeal is remitted to be catried 
into effect, may, by an order entered upon its minutes, 
or if the court be not in eeaaon, any judge thereof may 
direct the arreet of the defendant, and biia commitment 
to the officer to whose custody he wae committed at tha 
time he was admitted to bail, and his detention until 
leg;a]ly discharged, in the following caeea : 

1. When, by i-eason of hia failum to appear, he haa 
incurred a foi'feiture of his bail, or of money depiiwted 
instead thei-eof, as provided in aection 593. 

3. When it salisfactnrily amieara to the court that his 
bail, or either of them, are dead, or insufficient, or have 
removed fi-ora the stal«. 

3. Upon an indictment being found, in the cases pro- 
vided in section 306. 

} 600. Contents of the order.— Tha order for the 
recommitment of thu defeniiant must recite, generally, 
fbe facta upon which it is founded, and dii-ect that the 
defendant tte arreated by any aheritf, constable, mur- 
ahal or policeman in this state, and committed to the 
officer to whoite cufttody he was committed, at the time 
he was admitted to bait, to lie detained until legally dis* 
charged. 

S601. Defendant may be arrested In any county. 

— The defendant may be aii-ested pursuant to the oiiler, 
upon a certified C()]>y thereof, in any counly, in the same 
manner aa upon a warrant of ari-est j except, that when 
ai'i'ested in another county, the ci'rter need not be en- 
dorsed by a magistrate of that county. 

$ 603. For failure to appear for judnneut, defendant 
utut beoommitted.— If the order recite, as the around 
upon which it is made, the failure of the defendant ti> 
appearforjudjfment upon conviction, the defendant mnst 
be committed according to the requirement of the order. 



^ 604-e06. BAIL AFTER RE-ARRE8T. 158 

-crime be bailable, the court may fix the amount of bail, 
and may direct in the order, that the defendant be admit- 
ted to bail in the sum fixed, which must be specified in 
the order. 



$ 604. Bail in such case, by whom taken. — ^When the 
•defendant is admitted to bail, the bail may be takon by 
any magistrate in the countv, having authority, in a 
similar case, to admit to bail upon the holding of the 
defendant to answer before indictment, as prescribed in 
sections 557 and 558, or by any other magistrate to be 
desigfnated by the court. 



§ 605. Form of the undertaking. — When bail is taken 
■upon the recommitment of the defendant, the undertaking 
of bail must be in substantially the following form : 

"An order having been made on the day of 

18 , by the court of (naming the court,) that A. B. be 
admitted to bail in the sum of dollai*s, in an action 

pending in that court against him in behalf of the people 
of the state of New York, upon an [information, present- 
ment, in(Uctment, or appeal, as the case may be.] 

"We A. B., defendant (if the defendant join in the 
undertaking,) and C. D., surety of [stating his place of 
residence and occupation,] and E. F., surety of [stating 
his place of residence and occupation,] hereby jointly 
and severally, imdertake that the above-named A. B. 
shall appear in that or any other court in which his 
appearance may be lawfully required, upon that [infor- 
mation, pi*esentment or appeal, as the case may be,] 
and shall at all times render himself amenable to its 
orders and process, and appear for judgment and sur- 
render himself in execution thereof or if he fail to per- 
form either of these conditions, that we will pay to the 
people of the state of New York the sum of dollars, 

[inseHing the sum in which the defendant is admitted 
to bail.] 



§ 606. Qualifications of bail. — The bail must possess 
the qualifications, and must be put in, in all respects, in 
the manner prescribed by sections 569 to 577, inclusive. 



SUBPtENAING WITKES8E8. 55 607-610. 



He mus also iagae aubpienas, for (bo people, 

Clerk may i^ae blank subpoensa, fOr 
defbnilnne, on trial. 

Requiremeni la Babpcena, to produce books, papers 

Sub pun a, bv wbotn served. 

Payment ofexpensesolwitaesa, when li< 









to pay € 



■ order 



Wltnessee residing or serred wUh snbpcci 



It of the 



w punlabed. 



1, ni refusal to be ev 



j 607. Subpcena, defined.— The process liy which the 
attendance of a witness, before a court or ma^trat* is 
requii'ed, is a sulipcena. 

5 608. Magistrate may iasne sufapcBnaa, for witaesBel 
bcjbre grand jury. — A magistrate, before whom an 
information is laid, may isaue aubp<Enas, subeciibed by 
him, for witneasea within the stat«, either on behalf of 
the people or of the defendant. 

§ 609. DiBtriot attorney may isBue aubpcnnaB fbr 
iritnesses before grand juzy. — The disti'ict attorney 
of the county may isaue snhpcenas, sulisciibed by him, 
for witnessea within the state, in supiiort of the prosecu- 
tion or for such other witnesses as the grand jury may 
direct, to appear before the grand jury, upon an investi- 
gation pending before them. 

5 610. Id.; for trials. — The district attorney may, in 
like manner, issue siihpfpnas subscribed by him, for 
witnesses within the state, in support of an indictment, 
to appear before the court at which it is to be tried. 



/^ 



{$ 611-614. FORM OF SUBPCEINAS. 160 

J> 611. Clerk may lasae blank subpoenas for 
tnesses for defendant, on trial. — ^The clerk of & 
court at which an indictment is to be tried, must, at all 
times, upon the application of the defendant, and with* 
out charge, issue as many blank subpcenas, under the 
seal of me court and subscribed by him as clerk, for 
witnesses within the state, as may be required by the 
defendant. 

§ 612. Form of subpoena. — A subpoena, authorized 
by the last four sections, must be substantially in the 
following form : 

** In the name of the people of the state of New York : 

To A. B. 

" You are commanded to apx)ear befoi^e CD., a justice 
of the peace of the town of , [or ** the grand jury 

of the county of ," or ** the court of sessions of 

the county of ,** or as the case may be,] at 

[naming the place,] on [stating the day and hour,] as a 
witness in a criminal action pi-osecuted by the people of 
the state of New York, against E. F. 

** Dated at the town of » [as the case may be,l 

the day of , 18 . 

" G.H., justice of the peace," [or " I. K., district attor- 
ney," or "By order of the court, L. M., clerk," as the 
case may be.] 

$ 613. Subpoena duces tecum. — If books, papers 
or documents be required, a direction to the following 
eflfect must be contained in the subpoena : ** And vou are 
required also, to bring with you the following," [aescrib- 
ing intelligibly the books, papers or documents re* 
quired.] 



§ 614. Subpoena, by whom served. — A peace officer 
must serve, in his county, city, town or viltage, as the 
case may be, any subpoena delivei-ed to him for service, 
either on the part of the people or of the defendant ; 
and must make a written return of the service, sub- 
scribed by him, stating the time and place of service, 
without delay. A subpoena may, however, be served by 
any other peraon. 



161 PAYMENT OP WITNESSES. §} 615-619. 

$ 615. How served. — A subpoena is 8eryed,by deliver* 
ing it, or by showing it, and delivering a copy thereof, 
to the witness personally. 



$ 616. Payment of witness, when from without the 
oounty, or u poor. — When a pei'son attends before a 
magistrate, grand jury or coui't, as a witness on behalf 
of the people, upon a subpoena, or pursuant to an undei*- 
taking, and it appears that he has come from a place out 
of the county, or that he is poor, the coui-t, if the attend- 
ance of the witness be upon a trial, by an oi*der entered 
upon its minutes, or in any other case, the county judge, 
or in the city of New York, the recorder or city judge, 
or judge of the general sessions of that city, by a written 
order, may direct the county treasui*er to pay the witness 
a reasonable sum, to be specified in the order, for his 
expenses. 

{ 617. County treasnrer to pay on order. — Upon the 
production of the order, or a certified copy thereof, the 
county ti^easurer must pay the witness the sum sx)ecified 
therein, out of the county treasury 

$ 618. Witnesses out of the connty, how com- 
pelled to attend. — No peiSson is obliged to attend as a 
witness, before a coui-t or magistrate out of the county 
whei-e the witness resides or is served with the subpoena, 
unless the judge of the court in which the crime is triable, 
or a judge of the supreme court, or a county judge, or in 
the city of New York, the recorder or city judge, or 
judge of the general sessions of that city, upon an 
affidavit of the pi'osecutor or district attorney, or of the 
defendant or his counsel, stating that he believes that 
the evidence of the witness is material, and his attend- 
ance at the examination or trial necessary, shall endorse 
on the subpoena an order for the attendance of the 
witness. 



§ 619. Disobedience to subpoona, how punished. — 
Disobedience to a subpoena, or a refusal to be sworn or 
to testify, may be punished by the court or magistrate, 

11 



($620-621. CONDITIONAL EXAMINATION. 162 

as for a crimiiud oootempt in the mmmer provided in the 
Code of Civil Procedure. 

See Code CiTfl Pxoo., tf 8-13, 8S&-868 Witness is to be 
allowed a reasonable time to attend. Wilkie v. Chadwick, 
IS Wend., 49« Extreme poverty will excuse non-attendance. 
Peo. V. Davis, 15 Wend., 602. When subpoena is defective. 
Peo. V. Dntcher, S Abb. K. S., 161. When not. Peo. v. 
Tan Wyck« 8 Cai., 233. A reftisal of a witness to answer 
before grand Jnrv, may be punished as a contempt in conrt. 
Peo. V. Kelly, 2ft K. Y., 74 ; Peo. v. Fancher, 2 Hon, 226. 
Proof for an attachment against witness failing to answer need 
not be in writing. Baker v. Williams, 12 Barb., 627. 



CHAPTER IIL 

BXAJfUrATTOK OF WITNBSSBS, OONDITIOirALLY. 

8bc. 620. Witnesses to be examined conditionally, for the 
defendant as provided in this chapter. 

621. In what cases defendant may apply for order. 

622. Application, on what facts to be founded. 
628. u during term, to be made to the court. 
624. If not during term, to whom to be made. 

626. The order, when granted and what to contain. 

626. If made by the court, may direct examination before 

a judge or magistrate. If made by a Judge, exam- 
ination to be before him. 

627. On proof of service, if district attorney absent, exam> 

ination to proceed. 

628. If facts on which order was founded, be disappro'^ed, 

examination not to proceed. 

629. Testimony, how taken and authentieated. 
680. Deposition, how, by whom and when flled. 

631. When it may be read in evidence. 

632. When to be be excluded. 

633. On reading the deposition, on trial, what objections 

may be taken. 

634. Attendance of witness for examination, how com- 

pelled. 
685. Disobedience of witness, how punished. 

§ 620. Witnesses to be examined conditionally 
for the defendant. — When a defendant has been held to 
answer a charge of a crime, he may, either before or after 
indictment, have witnesses examined conditionally on 
his behaJf, as prescribed in this chapter, and not othei*- 
wise. 



S 621. "When defendant may app^T ^ox order. — 

When a material witness for the defendant is about to 
leave the state, or is so sick or infirm, as to afford rea- 



168 



APPLICATION, HOW MADE. §} 62^-625. 



sooable gronnds for apprehending that he will be unable 
to attend the trial, the defendant may apply for an order 
that the witness be examined conditionally. 

Foreign witness, temporarily present, may be so examined. 
Wait V. Whitney, 7 Cow., 69. 



^ $ 622. Application, on vrhat foots. — ^The applica- 
tion must be made upon afjdavit, showing : 

1. The nature of the crime charffed ; 

2. The state of the proceedings in the action ; 

3. The name and residence of the witness, and that 
his testimony is material to the defense of the action ; 
and, 

4. That the witness is about to leave the state, or 
is 80 sick or infirm as to afford reasonable grounds for 
apprehending that he will be unable to attend the 
tnaL 



§ 623. If during tenn, to be made to the oourt. — 

The application, if made during the term, must be made 
to the court. 



§ 624. If not during term, to "whom to be made. — 
If not made during the term, it may be made as fol- 
lows: 

1. When the indictment is pending in a court of oyer 
and terminer, or in a court of sessions other than in the 
<aty of New York, to a judge of the supreme court, or 
to the county judge : 

2. When the indictment is pending in the court of 
general sessions of the city of New York, to the recorder 
or city judge or judge of general sessions, or one of the 
judges of the court of common pleas of that city : 

3. When the indictment is pending in a city court, 
to the recorder or city judge of the city in which it is 
pending. 



§ 625. The order, when granted and what to con- 
tain. — ^If the court or officer be satisfied, that the ex- 
amination of the witness is necessary to the attain- 
ment of justice, an order must be made, that the wit- 



§§ 026-629. ORDER FOR EXAMINATION. 164 

ness be examined conditionally, at a specified lime and 
place, and that a copy of the order, and of the affidavit 
on which it was granted, be served on the district attor- 
ney, within a specified tune before that fixed for the 
examination. 



§ 626. If made by the court, may direct exam.* 
ination before a Jud^e. or magistrate.— If the order 
be made by the court, it may aii-ect that the examination 
be taken before a judge thereof, or before a magistrate 
in the county, to be named in the order. If made by 
any of the officers mentioned in section 624, it must 
direct the examination to be taken before him. 



$ 627. On proof of service, examination to pro* 
oeed. — On pi*oof being furnished to the officer before 
whom the examination is appointed, of the service upon 
the (Strict attorney, of a copy of the order, and of the 
affidavit on which it was granted, if no counsel appear 
on the part of the people, the examination must pre 
ceed. 



628. If facta on which order waa founded, be 
disproved, no examination. — If the district attorney 
or other counsel appear on the part of the peo- 
ple, and it be shown to the satisfaction of the court or 
officer, by affidavit or other proof, or on the examination 
of the witness, that he is not about to leave the state, or 
is not sick or infirm, or that the application was made to 
avoid the examination of the witness on the trial, the 
examination cannot take place ; otherwise it must pro- 
ceed. 



§ 629. Testimony, how taken and authenticated. 

— The testimony given by the witness must be reduced 
to writing, and authenticated in the same manner as the 
testimony of a witness taken in support of an informa- 
tion, as prescribed in section 200. 

Defective deponitions. Peo. v. Restell, 3 Hill, 289 ; Peo. v. 
Ward, 4 Park., 516 ; I'eo. v. Chrystal, 8 Barb., 546. 



165 



APTER EXAMINATION. ($ 630-634. 



§ 630. Filing deposition. — The deposition must be 
i*etained by the officer taking it, and filed by him in the 
office of the clerk of the coui't without unnecessaiy de- 
lay. 

Depositioii may be ordered filed nunc pro tune. Burdell v. 
Bardell, 1 Dner, 625. 



§ 631. "Wlien it may be read in evidence.— The 
deposition, or a certified copy thereof, may be read in 
evidence by either party on trial, upon its appearing 
that the witness is unable to attend, by reason of his 
death, insanity, sickness or infiimity, or of his continued 
absence from the state. 

Inability must exist at time of trial to entitle deposition to be 
read. Fry v. Bennett, 4 Dner, 247. See Donnell v. Walsh, 
6 Bos., 621. What is sufficient proof of inability. Bronner v. 
Franenthal, 37 N. T., 166; Markoe v. Aldrich, 1 Abb. Pr., 55. 



§ 632. "When to be eaecluded. — The deposition can- 
not, however, be read, if it appear that the copy of the 
order and of the affidavit on which it was founded, was 
not served on the district attorney, as directed, or that 
the examination was in an^ respect unfair or not con- 
ducted as prescribed in this chapter. 

There must be an opportunity to cross examine. Hewlett v. 
"Wood, 67 N. T., 894 ; 7 Hun. 227. If consent given to read 
deposition, it cannot be withdrawn. Beebe v. Peo., 6 Hill, S3. 



§ 633. On reading deposition, what objectiona 
may be taken. — Upon the reading of the deposition in 
evidence, the same objections may be taken to a ques- 
tion or answer contained therein, as if the witness had 
been examined orally in court. 

Objections to the competency of the witness. Ex parte Eip» 
1 Pai., 601. 



$ 634. Attendance of witness for examination, 
liovir compeUed. — The attendance of the witness may 
be enforced,by a subpoena subscribed by the officer, or 
issued under the seal of the court. 



{$ 63&-687. COMMISSIONS. 166 

$ 635. Diaobedience of witness, how punished. 

Disobedience to the subpoena, or a refusal to be sworn or 
to testify, may be punished by the court or officer, as 
prescribed in section 619. 



CHAPTER IV. 

EXAMINATION OF WITNBSSBS ON COMMISSION. 

Sbo. 636. Witness residing out of the state, to be examined for 
defendant, as provided in this chapter. • 

637. In Avhat cases defendant may apply for order to ex« 

amine -witnesses on commission. 

638. Commission defined. 

639. Application for commission, on what £ftcts to be 

founded. 

640. If daring term, to be made to the court. 

641. If not during term, to whom to be made. 

642. Notice of application, when i*equired and how given. 

643. Order for commission, when granted. 

644. Trial to be stayed until execauon and return of com- 

mission. 

645. InteiTogatories, and notice of settlement. 

646. Cross-interrogatories, and notice of settlement. 

647. 618. What may be inserted in interrogatories. 
649. Direction as to return of commission. 

660. Commission, how executed. 
631. Copy of last section to be annexed to commission. 
602, 653. Commission, how returned, when delivered to 
agent for that purpose. 

654. When and how nleo. 

655. Commission returned by mail, how disposed of. 

656. Commission and return to be open for inspection, and 

copies to be Ihiiiished. 

657. Deposition to be read in evidence. What objections 

may be taken thereto. 

§ 636. Foreign witness, how examined. — When 

an issue of fact is joined upon an indictment, the de- 
fendant may have any material witness residing out 
of the state, examined in his behalf, as prescribed in 
this chapter, and not otherwise. 



§ 637. When defendant may apply for. — When a 
material witness for the defendant* resides out of the 
state, the defendant may apply for an order that the 
witness be examined on a commission. 

Commissions are statutory proceedings solely, and must be 
strictly pursued. Dwinnelfe v. ilowland, 1 Abb. Pr., 87 ; 
Creamer v, Jackson, 4 id., 413; McCoU v. 8un Mut. Ins. Co., 



167 HOW APPLIED FOR. }$ 638-641. 

60 n; Y. » 332 ; 2 J. & Sp., 310. New commissions for examina- 
tion of Bame witnesses may issue. Fislier v. Dale, 17 Johns., 
843 ; Raney v. Weed, 1 Barb., 220 ; or may be ordered re- 
executed. Baker v, Spencer, 47 K. Y., 582. 

$ 638. Commission defined. — A commission is a 
process issued under the seal of the coui*t, and the sig- 
nature of the clerk, dii-ected to one or moi*e pei-sons, 
designated as commissioners, authorizing them to ex- 
amine the witness upon oath, on interrogatories annexed 
thereto, and to take and return the deposition of the wit- 
ness, according to the directions given, with the com- 
mission. 

$ 639. Application for commission, on vrhat 
based. — The application must be made upon affidavit, 
shoy^ng : 

1. The nature of the cnme char|ped ; 

2. The state of the proceedings m the action, and that 
issue of fact has been joined therein ; 

3. The name of the witness, and that his testimony is 
material to the defense of the action ; 

4. That the witness resides out of the state. 

Sub. 3. Keed not state what proof expected. Eaton v. North, 
7 Barb., 631; affidavit may be made by agent or attorney, ibid. 

§ 640. If during term, to be made to the court. — 

The application, if made during the teim, must be made 
to the court. 

' § 641. If not duxing term to whom to be made. — 
If. not made during the term, the application may be 
made as follows : 

1. When the indictment is i)endlng in a court of oyer 
and terminer, or in a court of sessions, except in the 
city and county of New York, to a judge of the supreme 
court or to the county judge ; 

2. "When the indictment Is pending in the court of 
general sessions in the city and county of New York, to 
the recorder or city judge or judge of general sessions, 
or one of the judges of the court of common pleas, of 
that city ; 

3. When the indictment is pending In a city court, to 
the recorder or judge of the court in which It Is i)ending. 



{$642-646. NOnCB. ORDER. 168 

§ 642. Notice of application. — If the application 
be made to the court, it may be without notice to the 
district attorney, unless the coui*t direct notice to be 
given, in which case it must prescribe the manner of 
giving' the same. If made to one of the officers mentioned 
in the last section, the application must be ux)on five 
days* notice to the district attorney, served with a copy 
of the affidavit upon which it is founded. 

i 643. Order for commisaion, 'when granted. — If 

the court or officer to whom the application is made, be 
satisfied that the witness resides out of the state, and 
that his examination is necessary to the attainment of 
justice, an order must be made that a commission be 
issued to take his testimony^ and that the people be 
permitted to join in the comn^ission, and to examine 
witnesses in support of the indictment. 

Naming of commissioners. Harris v. Wilson, 2 Wend, 627; 
Townsend v. N. T., Ins^ Co.,lCaiM 4. Who may act as such, 
JjBwiB V. Van Loon, 3 Cai., 105. Exhibits. Butler v. Lee, 32 
Barb., 75. 

J I 644. Trial to be stayed until return of com- 
Bsion. — If the appUcation for a commission be 
granted, the court or judge must insert in the order 
therefor, a direction that the trial of the indictment be 
stayed for a specified time, reasonably sufficient for the 
execution and return of the commission. 
When stay should be vacated. Yoss v. Fielden, 2 Sand., 890. 

§645. Interrogatories, and notice of settlement. 

— When, the commission is oi-dered, the defendant must 
serve upon the district attorney, and the district attor- 
ney, if he intend to join in the commission and examine 
"witnesses in support of the indictment, must serve ujwn 
the defendant or his counsel, a' copy of the interroga- 
tories to be annexed thei*eto, with a notice of two days 
of their settlement, before an officer who might have 
granted the order out of term, as provided in section 641 . 

§ 646. Oro88-interrogatories and notice of settle- 
ment. — The district attorney, and the defendant. 



169 



CX)MMISSION. 



$$ 647-650. 



may, in the same manner, serve cross-interrogatories, 
to be annexed to the commission, with the like notice of 
the settlement thei'eof. 



} 647. What may be inserted in interrogatories. — 

In the interrogatories, either party may insert any 
question pertinent to the issue. 

See McDonald v. Garrison, 2 Hilt., 510: Blaisdell v. Baymond, 
« Abb. Pr., 178 n. 

§ 648. Id. — Upon the settlement of the inteiToga- 
tories, the jud^e must expunge every question not 
X>ertinent to the issue, and modify the questions, so as to 
conform them to the rules of evidence, and when settled, 
must indorse upon them his allowance, and annex them 
to the commission. 



§ 649. Direction as to return of commission. — 

Unless the parties othei-wise consent, by an indorsement 
upon the commission, the officer must indorse thereon a 
direction, as to the manner in which it must be returned ; 
and may, in his discretion, direct that it be returned by 
mail or otherwise, addressed to the clerk of the court in 
which the indictment is pending, designating his name 
and the place whei*e his office is kept. 

Unless returned as directed, it cannot be read. 
T. Gere, 21 Wend., 156. 



Richardson 



§ 660. Commission, hew executed. — The commis- 
^oner^ or any one of them, unless otherwise specially 
directed, may execute the commission as follows : 

1. They must publicly administer an oath to the wit- 
ness, that his answers g^ven to the interrogatories shall 
be the truth, the whole truth, and nothing but the truth ; 

2. They must cause the examination of the witness to 
be reduced to writing ; 

3. They must write the answers of the witness, as 
nearly as possible in the language in which he gives 
them, and read to him each answer as it is taken down, 
and correct or add to it, until it is made conformable to 
-what he declares is the truth ; 

4. If the witness decline answering a question, that 



651-652. COMMISSION. EXECUTION. 17a 

fetct, with the reason for which he declines answering it, 
as he gives it, must be stated ; 

5. If papei-s or documents are produced before them^ 
and proved by the witness, they must be annexed to his 
deposition, and be subscribed by the witness, and certi- 
fied by the commissioner ; 

6. The commissioners must subscribe their names to 
each sheet of the deposition, and annex the deposition, 
with the papers or documents proved by the witness, to 
the commission, and must close it up under seal, and 
address it, as directed thereon. 

7. If there be a direction on the commission, to return 
it by mall, the commissioners must immediately deposit 
it in the nearest post-office. If any other direction be 
made, by the wi*itten consent of the parties, or by the 
officer, on the commission, as to its return, they must 
comply with the direction. 

Sub. 1. When witnesses maybe sworn by local authorities. 
Lincoln v. Batelle, 6 Wend., 475. Sub. 3. When foreign lan- 
goasre may be nsed. Leetch v. Atlantic Mut. Ins. Co. , 4 Daly, 61d. 
Sub. 4. Reflisiil to answer material cross-interrogatoi-y, ^ound 
for rejecting entire deposition. Smith v. Qriffiih, 3 Hill, 333. 
Answer thoag^h not full, if not clearly evasive, suiuciont. See 
Baker v. Spencer, 47 N. Y., M2 ; Terrv v. McNeil, 58 Barb., 241. 
Sub. 6. Annexing exhibits. Howard v. Orient Ins. Co., 
Bos., 645; Woodruff v. Shepherd, 6 Cow., 444. Exhibits, how 
identified. Brumskill v. James, 11 N. Y , 294. Sub. 7. It is no 
obj<)ction that depositions were not immediately mailed. Hal- 
leran v. Field, 23 Wend., 38; See Pendell v. Coon, 20 N. Y., 134. 



§ 661. Copy of last section to be annexed to 
commission. — A copy of the last section must be an- 
nexed to the commission. 



§ 662. Commission, hew returned by an agent. — 

If the commission and retura be delivered by the com- 
missioners to an agent, he must deliver it to the clerk to 
whom it is directed, or to a judge of the court in which 
the indictment is pending, by whom it may be received 
and opened, upon the affidavit of the agent, that he 
received it from the hands of one of the commissioners, 
and that it has not been opened or altered sinc^ he re^ 
ceived it. 

Affidavit of agent is indispensable. Dwinelle v. Ilowlanil, 1 
Abb.Pr.,87. 



171 



RETURN OF <X>MMISSION. $$ 65»>657, 



$ 663. Id. — If the agent be dead, or from sickness or 
other casualty, unable personally to deliver the commis- 
sion and return, as prescribed in the last section, it may 
be received by the clerk or judge from any other person, 
upon his making an affidavit that he received it from the 
agent, that the agent is dead, or from sickness or other 
casualty, unable to deliver it, that it has not been opened 
or altered since the person niaking the affidavit received 
it, and that he believes it has not been opened or altered 
since it came from the hands of the commissioners. 

§ 664. "When and ho'w filed. — The clerk or judge 
receiving and opening the commission and return must 
immediately file it, with the affidavit mentioned in the 
last two sections, in the office of the clerk of the court in 
which the indictment is pending. 

$ 666. Oommission returned by mail, how disposed 

oL — If the commission and return be transmitted by 
mail, the clerk to whom it is addressed must open and 
file it in his office, where it must remain, unless the coui*t 
otherwise direct. 

Deposition cannot be read until actnally flled. Parker v. 
Hobby, 20 Johns., 357; Oneida, etc., Society v. Lawrence, 4 
Cow., 440 

$ 666. Oommission and return to be open for inspec* 
tion, and copies to be furnished.— The commission and 
return must at all times be open to the inspection of the 
parties, who must be furnished by the clerk tnth copies 
of the same, or of any part thereof, on payment of his 
fees, at the rate of five cents for every hun<&ed words. 



§ 667. I>epo8ition to be read in evidence. What 
olgections may be taken thereto. — The deposition, 
taken under the commission, may be read in evidence 
by either party on the trial, and the same objections may 
be taken to a question in the interrogatories, or to an 
answeV in the deposition, as if the witness had been 
examined orally in court. 

Mere formal defects are to be disregarded. Rnst v, Eckler, 
41 N. Y.,4S8; Goodyear v, Vosburgh, 41 How. Pr., 421; Hallr* 



$ 658. INSANE DEFENDANT. 172 

Barton, 25 Barb., 274; McCleary v. Edwards, 27 ib., 239. In- 
ibrmal parts may be excluded. Commercial Bank v. Union 
Bank, 11 N. Y., 203. Objectiona mast speciflcally point oat 
«rrord. Dalton v. National, etc.. Society, 20 K. Y., 32. When, 
answers will be excluded. See Lansing v. Coley, 13 Abb. Pr., 
372; Railway, etc., Co. v. Warner, 1 S. C, 21, add.; Fassin v. 
Hubbard, 56 N. Y., 465. Heineman v. Hurd, 2 Han, 324; Meyer 
V. Levy, 54 How. Pr., 274. Deposition may be read though 
witness present, but other side may call and examine him. 
Phenlx V. Baldwin, 14 Wend., 62. If answers to direct inter- 
rogatory be excluded, those to. cross id. dependent thereon 
must also be. Flemings. HoUenbeck, 7 Barb., 271. Discretion- 
ary power of court upon objections. Cope v. Sibley, 12 Barb., 
fi21; Hazlewood v. Heminway, 3 S. C, 787. 



CHAPTER V. 

INQUIRY INTO TUB INSANITY OF THB DEFENDANT, BBFOBB 
OB DUBINa THB TBIAL^ OB AFTER OOITVIGTION. 

£eg. 658. Appointment of commission ; their proceedings. 

669. If found insane, trial or judgment suspeni&d, and 
defendant to be committed to state lunatic asylum, 
if his discharge be dangerous to the public peace or 
safety. 

660. If defendant committed, bail exonerated or deposit of 

money reftinded. 

661. Detention of defendant in asylum, and proceedings 

on his becoming sane. 

662. Expenses incident to sending defendant to asylum, 

how paid. 

$ 658. A.ppoi]itment of commission; their proceed- 
ings. — When a defendant pleads insanity as pi*escribed 
in section 336, the court in which the indictment is pend- 
ing, instead of proceeding with the trial of the indict- 
ment, may appoint a commission of not more than three 
disinterested persons, to examine him and report to the 
€0urt as to his sanity at the time of the commission of 
the crime. 

If a defendant in confinement, under indictment, 
apx>eai'S to be at any time before or after conviction, 
insane, the court in which the indictment is pending, 
unless the defendant is under seiitence of death, may 
appoint a like commission to examine him and report to 
the court as to his sanity at the time of the examination. 

The commission must summarily proceed to make their 
•examination. Before commencing they must take the 
oath prescribed in the Code of Civil Procedure, to be 
taken by referees. They must be attended by the dia- 



173 DEFENDANT FOUND INSANE. 5^659^663. 

trict attorney of the comity, and may call and eiamine 
wiluesaes and compel theii' attendance. The couneel ot 
the defendant may take part in the jiroceedingB. When 
the commisBJoners have concluded their tiamiiiation the^ 
must forthwith report the facta to the court with their 
opinion thereon. 

CommiaBloner's oath. C^Jo Civ. Froc. , 1 1016. 

$ fi59. If found Insaiia, trial or Judgmant Hiupaadsd, 
etc.— If the ciiramiaiion find the defendant insane tlie 
trial or judgment must be Buspeniled, untU he becomes 
sane ; and the court, if it deem hia discharge dang-eroiia. 
to the public peace or safety, must order that he be, in 
the meantime, committed by thesheriiTto a Htate lunatic 
asylum, and that upon hia becoming sane, he be re-deliv- 
ered by the aupeiintendent of the asylum to the aherilL 

i 660. Boll exonerated. — The commitment of the 
defendant, aa mentioned in the laet aection, eionerateB 
hia bail, or entitles a person authorijied fo receive the 
pTOperty of the defendant, to a return of any money he 
may have depomted inatead of bail. 



a.'iyliiin, lie must be detained 
thei-e until he become sane. When he becomes aane, the 
Buperintendant must give a, wHtten notice of that fact to 
a j udge of the supreme court of the di^Hcb in nhich the 
aaylura la situated. The judge miiat I'cqnii'e the sheriff" 
without delay to bring' the defendant fi-om the asylum, 
and place him in thu proper cuatiidy nntil he be bmuyht 
to tnnl, judgment, or execution aa the case may be, or 
he leg^y discharged, 

{ 662. Bzpensaa incident to sending defendant to 



him back, are, in the first instance, chargeable to tlie 
county fj-om which he was aent; hut the county may 
recover them from the eatalfl of the defendant, if he have 
any, or from n relative, town, city, or county, bound to 
provide for and maintain him elsewhere. 



/? 



4$ 663-666. CX)MPROMIS£ OF CRIMES. 174 

CHAPTER VL 

coMPROMisiira certain crimes, by lrayb of thh court. 

Sec. 663. Certain crimes, for which the party injured has a ciyil 
action, m^y be compromiseu. 
664. Compromise lo be by permission of the court. Order 

theruuu. 
6<'i5. Order, a-bar to another prosecution. 
666. No public offense to be compromised, except as pro- 
vided in this chapter. 

§ 663. Oertain crimes for which the party ii^Jtired 
has a civil action may be compromise — When a de- 
fendant is brought bejfore a inagistrate, or is held to 
answer on a charge of a misdemeanor, for which the 
person injured by the act constituting' the crime has a 
remedy by civil action, the crime may be compromised, 
as provided in the next scMstion, except when it was 
committed, 

1. By or upon an officer of justice while in the exeen* 
tion of the duties of his office ; 

2. Riotously; or 

3. With an intent to commit a felony. [Am'd eh. 63 
of 1884.] 

§ 664. Compromise to be by permission of the court | 
order thereon. — If the party injui'ed appeal* before the 
Tnagistrate, or before the coui*t to which the depositions 
and statements ai'e required, by section two hundred 
and twenty-one, to be returned at any time before tiial 
or commitment by the magistrate^ or trial on indictment 
for the crime, and acknowledge in 'writing that he has 
received satisfaction for the injury, the magistrate cr 
court may, in his or its discretion, on payment of the 
costs and expenses mcurred, if such magistrate or court 
shall see fit so to direct, order all proceedings to be 
-stayed upon the prosecution and the defendant be dis- 
charged therefrom. But in that case, the I'eason for the 
order must be set forth therein and entei'ed npon the 
minutes. [Am'd ch. 63 of 1884.] 

Cannot compromise after conviction. Peo. v. Bishop, S Wend., 
111. Nor stay trial because civil action pending, but may sent- 
ence. Peo. V. Judges of Genesee, 13 Johns., 85 ; Fagan v. Knox, 
60 X. Y., 625 ; rev'g 8 J. and Sp.. 41. 

$ 665. Order a bar to another prosecution. — The order 
authorized by the last section is a bar to another prose- 
cution for the BHme offense. 

^ 666. No other offense to be compromised. — No 
"Cnme can be compromised, nor can any proceeding for 



175 DI8MISBAL OF ACTION. H 667-669. 

the proeecation or ptmishment thereof upon a oompro- 
miaey be stayed, except as provided in sectioiiB 663 and 
664. 

CHAPTER Vn. 

DlBMISfiAL OF THB ACTION, BBFOBB OB AFTER IKDIGTIEBirTy 
FOR WANT OF FB06BCUTI0N OR OTHBRWISB. 

Sbo. 667. Dismissal, when a person held to answer is not 

indicted at the next term thereafter. 
<S68. When a person indicted is not brought to trial at the 

next term thereafter. 
609. Conrt mi^ order aoiion to be continued, and in the 

mean tune discharj^e defendant firom custody, on 

his own undertaking, or on bail. 

670. If action dismissed, dei'endant to be discharged trom. 

custody, or his bail exonerated, or deposit of money 
rdninded. 

671. Court may order indictmeut to be dismissed. 

672. Nolle prosequi abolished. No indictment to be dis- 

missed or abandoned, except according to this 
chapter. 

673. Dismissal, a bar, in misdemeauor ; bat not in felony. 

§ 667. DijuniBsal, when no indictment at next term. — 
When a pei*son has been held to answer for a crime, if 
an indictment be not found against him, at the next term of 
the court at which he is held, to answer, the court may on 
application of the defendant order the prosecution to be 
dismissed, unless good cause to the contrary be shown. 

§ 668. When indictment is not brought to trial at the 
next tenn. — If a defendant, indicted for a crime whose 
trial has not been postponed upon his application, be not 
brought to trial at the next tenn of the court in which 
the indictment is triable, after it is found the court may, 
on application of the defendant, order the indictment to 
be dismissed, unless good cause to the contrary be shown. 

Peo., etc., V. Warden, C. P., 11 W. D., 271. 

§ 669. Oonrt may order action to be continued, eta — 
If the defendant be not indicted or tried, as pi*ovided in 
the last two sections, and sufficient ]*eason thei^efor be 
shown, the court may order the action to be continued 
from term to term, and in the meantime may discharge 
the defendant from custody, on bis own underiaking, or 
on the undei'takin^ of bail for his appearance to answer"" 
the charge at the time to which the action is continued. 



§§670-674. DISMISSING INDICTMENT. 176 

§ 670. If action dismiiwed, defendant to be dis- 
charged, eto. — If the court direct the action to be dis- 
missed, the defendant must, if in custody, be discharged 
therefrom, or if admitted to ball, his bail is exoneitited, 
or money deposited instead of bail must be refunded to 
him. 



6 671. Ooart may order indictment to be dismissed. 

— ^The court may, either of its own motion, or upon the 
application of the district attorney, and in furtherance 
of justice, order an action, after mdietment, to be dis* 
missed. 



S 672. Nolle prosequi abolished^ — The entry of a 
natle prosequi is abolished ; and neither the attorney- 
general, nor the district attorney, can discontinue or 
abandon a prosecution for a crime, except as provided 
in the last section. 



§ 673. Dismissal, a bar, in misdemeanor, but not in 
felony. — An oi*der for the dismissal of the action, as 

J provided in this chapter, is a bai* to another prosecution 
or the same offense, if it be a misdemeanor ; but it is 
not a bar, if the offense charged be a felony. 



CHAPTER VIII. 

BBMITTING THB PUNISHMRlTr, IN CERTAIN CJLSES. 

Seo. 674. Punishment, npon convictioa of a master of a yessel 
from a foreigb country. 

{ 674. Punishment, when remitted. — When the master 
of a vessel arriving from a foreign country is con- 
victed of havins;' knowingly brought a pei-son convicted 
therein of a crune, which, if committed in this state* 
would be a felony, to a place within the state, the 
court before which the conviction is had may, if satisfied 
that the defendant has I'econveyed the convict to the 
place from which he took him, and on payment of the 
costs of prosecution, oi-der the punishment upon the 
conviction to be remitted. 



W CORPORATIONS. }$ 675-677. 

CHAPTER rX, 

FROCBBDIiraS AGAINST CORPORATIONS. 

Sec. 675. Summons upon an information or presentment 
against a corporation, by whom issued, and when 
returnable. 

676. Form of the summons. 

677. When and how served. 

678. Examination of the charge. 

67d. Certiflcate of the magistrate, and return thereof with 
the depositions. 

680. Grand jury may proceed as in the case of a natural 

person. 

681. Appearance, and plea to an indictment, and pro- 

ceedings uiereon. 

682. Fineton conyiction, how collected. 



6 675. Iii£9miation against a corporation. — Upon an 
information a^^fainst a corporation, the magistrate must 
issue a summons, signed by him, with his name of 
office, requiring the corporation to appear before him, 
at a speci^ed time and place, to answer the charge ; the 
time to be not less than ten days after the issuing of the 
summons. 

$ 676. Form of the summoilB. — The summons must 
be in substantially the following form : 

** Countv of Albany, [or as the case may be.] 

** In the name of the people of the slate of New York : 

"To the [naming the coi"poration.] 

"You are hereby summoned to appear before me, at 

[naming the place,] on [specifying the day and hour,] 

to answer a charge made against you, upon t?ie vafoT- 

tnation of A. JB., for [designating the offense, generally.] 

" Dated at the city, [or " town,"] of f the 

day of , 18 . 

G. H., Justice of t?ie peace,** 
[or as the case may be.] 



§ 677. When and how aenred. — The summons must 
be served at least five days before the day of appear- 
ance fixed therein, by delivering a copy thereof and 
showing the original to the president, or other head of 
the corporation, or to the secretary, cashier, or managing 
a^nt thereof. 

12 



a 678-688. OOIU^RATIONS DEPENDANT. 1^ 

§ 6781 Examination of the dhaxge^ — At the time 
appointed in the summons, the magistrate must proceed 
to investigate the charge, in the same manner as in the 
case of a natural person brought before him, so far as 
those proceedings are applicable. 

& 679. Oertificate of the . magistrate and retnm.— 

After hearing the proofs, the magistrate must certify 
upon the depositions, either that there is or is not 
sufficient cause to believe the corporation gfuilty of the 
offense charged, and must return the depositions and 
certificate, in the manner prescribed in section 221. 

§ 680. Qrand Jury may proceed as in the case of a 
natural person. — If the magistrate return a certificate 
Hiat there is sufficient cause to believe the corporation 
guilty of the offense charged, the gi*and jury may pro- 
ceed thereon, as in the case of a natural person held to 
answer. 

6 681. Appearance^ and plea to indictment. — If an 
indictment be found against a coiporation, it may appear 
by counsel, to answer the same. If it do not thus appear, 
a plea of not guilty must be entered, and the same pro- 
ceedings had thei'eon as in other cases. 



^ 682. Fine, on conviction, how collected. — When 
a fine is imposed upon a corpoi'ation, on conviction, it 
may be collected by virtue of the order imposing it, by 
the sheriff of. the county, out of their real and personal 
property, in the same manner as upon an execution in a 
civil action. 

CHAPTER X. 

BNTITLIKO AFFIDAVITS. 
Sbo. 683. Affidavita defectiyely entitled, valid. 

§ 683. Affidavits defectively entitled, vaUd. — It is not 

neceqsaiy to entitle an affidavit or deposition, in the 
action, whether taken before or after indictment, or upon 
an appeal ; but if made without a title, or with an erro- 
neous title, it is as valid and effectual for every purpose, 
as if it were duly entitled, if it intelligibly refer to the 
proceeding, indictment or appeal in which it is made. 



179 ERRORS AND' MISTAKES. §} 684-686. 

CHAPTER XL 

VSLROBB AJSTD MISTAKBS, DT PLBADDTOS AND OTHBB PBOCBHD- 

moa, 
Sec. 684. Errors, etc., when not material. 

§ 684. finxxn, etc, when not BiaterlaL — Neither a 
departure from the form or mode prescribed by this 
Oodey in respect to any pleadings or proceedings, nor an 
error or mistake therein, renders it invalid, imless it have 
actually prejudiced the defendant, or tend to his preju- 
dice, in respect to a substantial right. 



CHAPTER Xn. 

DISPOSAL OF FBOPBBTY, STOLBIT OB BMBBZZLBD. 

Sec. €85. When property, alleged to be stolen or embezzled, 
comes into custody of peace officer. 

686. Order for its delivery to owner. 

687. When it comes into custody of magistrate, he must 

deliver it to owner, on proof of title and!^ payment 
of expenses. 

688. Court in which trial is had for stealing or embezzling 

it, may order it to be delivered to owner. 

689. If not claimed in six months, to be delivered to county 

superintendent of the poor, or in New York, to com- 
missioners of charities and corrections. 

600. Beceipt for money or .property, taken from a person 
arrested for a public offense. 

691. Duties of police clerks in the city of New York, etc. 

J 686. Propaxty stolen or embezzled in cnatody of 
oer. — "When property, alleged to have been stolen or 
embezzled, comes into the custody of a peace officer, he 
must hold it, subject to the order of the magistrate au- 
thorized by the next section to direct the disposal thereof. 



$ 686. Order for its delhrery to owner. — On satisfac- 
tory proof of the title of the owner of the property, the 
magistrate before whom the information is laid, or who 
examines the charge against the person accused of steal- 
ing or embezzling the property, may order it to be deliv- 
ei^ to the owner, unless ite temporary retention be 
deemed necessary in furtherance of justice, on his 
paying the reasonable and necessary expenses incurred 



{$ 687-690 STOLEN PROPERTT, 180 

in its preservation, to be certified by the magistrate. 
The order entitles the owner to demand and receive the 
pi*operty. 



$ 687. Magistrate must deliver property to owner, 
on proof of title and payment of esqienses. — If prop- 
erty stolen or embezzled come into the custody of a 
magistrate, it must, unless its temporary retention be 
deemed necessary in furtherance of justice, be delivered 
to the owner, on satisfactory proof of his tiUe, and on his 
paying the necessary expenses incurred in its preserya- 
uon, to be certified by the magistrate. 



{ 688. Court in which trial is had may order such 
delivery to owner* — If property stolen or embezzled 
have not been delivered to the owner, the court befoi'e 
which a trial is had for stealing or embezzling it, 
may, on proof of his title, order it to be restored to the 
owner. 



§ 689. If not claimed in six months, how disposed 

oL — If property stolen or embezzled be not claimed by 
the owner, before the expiration of six months from the 
conviction of a person for stealing or embezzling it, the 
magistrate or other officer having it in his custody 
must, on payment of the necessary expenses incuiTed 
in its preservation, deliver it to the county superin-^ 
tendents of the poor, or in the city of New York, to the 
commissioners of charities and corrections, to be applied 
for the benefit of the poor of the county op city, as the 
case may be. 



§ 690. Receipt for money or property, taken from a 
person arrestedL — Except in the city of New York, when, 
money or other property is taken from a defendant, 
aiTested upon a charge oi a crime, the officer taking it 
must, at the time, give duplicate receipts therefor, speci- 
fying particularly the amount of money or the Idnd of 
propei-ty taken ; one of which receipts he must deliver 
s^ to the defendant, and the other of which he must forth- 



181 POLICE CLERKS. REPRIEVES. }§ 691-693. 

•with file with the clerk of the couH to which the depo- 
sitions and statement must be sent, as provided in 
section 22 L 

§ 691. Duties of police clerks in the city of New 
Toxky etc. — The commissionei'S of police of the city of 
New York may designate some person to take charge 
of all property alleged to be stolen or embezzled, and 
>vhich may be brought into the police office, and all 
pi-operty taken fi'om the person: of a prisoner, and may 
pi'escribe i*egulations in i-egard to the duties of the clerk 
or clerks so designated, and to require and take security 
for the faithful perfoiinance of the duties imposed by 
this section, and it shall be the duty of every officer 
into whose possession 6Uch property may come, to 
deliver the same foi*thwith to the i)erson so designated. 

CHAPTER Xm. 

BBPRIEVBS, COMMUTATIONS AND PARDONS. 

SeO. 602. Power of governor to grant reprieves, commutations 
and paruons. 

603. His power, in respect to convictions for treason. 

Duty of the legislature, in such cases. ' 

604. Governor to communicate annually to legislature, 

i*epricves, commutations and pardons. 

605. Report of case, how, and from wbom required. 

696. Notice to district attorney, of application for pardon. 

697. Publication of notice. 

698. Papers relating to application, to be filed with secre- 

tary of state. 

§ 692. Power of governor to grant reprieves, com- 
mutations and pardons. — The governor has power to 
^rant i-eprieve^a, commutations and pardons, after con- 
viction, for all offenses, except treason and cases of im- 
•pesuchmentf upon such conditions, and with such restric- 
tions and limitations, as he may think proper, subject to 
the regulations provided in this chapter. 

Pardon does not bar other proceedings. Anon, 86 N. Y., 563. 

} 693. His power in respect to convictions for trea- 
son. Duty of the legislature, in such cases. — He may 
also suspend the execution of the sentence, upon a con- 
viction for treason, until the case can be reported to the 
legislature, at its next meeting, when the legislature 



5$ 694-698. COMMUTATIONS. PARDONS. 183 

must either pardon or commute the sentence, direct the 
execution thex'eof, or grant a further reprieve. 

} 694. Qavemor to communicate annually to legia- 
latore. — He must annually communicate to the legisla- 
tui*e, each case of repneve, commutation or panion ; 
BtaUn^ the name of the convict, the crime of which he 
was convicted, the sentence and its date, and the date 
of the commutation, pardon or reprieve. 

§695. Report of case, how and from whom required. 

—When application is made to the governor for a pardon, 
eaimiiutation or reprieve, it shall be the duty of the pi*e- 
siding judge of the court before which the conviction 
was had, ismd the district attorney by whom the criminal 
action was prosecuted, or the district attorney of the 
county where the conviction vxis had, holding office at the 
time of such application, to supply the governor, upon 
his request therefor, and without demy, with a statement 
of the facts proved on the trial ; or, if a trial was not 
had, the facts appearing before the grand jury which 
found the indicttnent, and of any other facts haying 
reference to the pix)priety of granting or I'^fusing such 
pardon, oAnmutation or reprieve, [ Anrd ch. 356 of 1884. ] 

$ 696. Rei)ealed. 
{ 697. Repealed. 
{ 698. Bex)ealed. 



SPECIAL SESSIONS. 



SeO. 699. Charge 
TOO. Tht) plea, 



le read to defenduit, and h 



.,i, iMue, howtrit. 

709. Defeudaat may ... 

TOS. Jnrj, bow euininoned, 

TOi. SununanlnE tho Jar;, Mid renirDlng the list. 

— " '1111811111101* fii box. 



,y ilemand a trUl by jDry. 



DepodilnK uullDla i 
Drawing the j nrj-. 
Challon^s. 

PimlBhtag oflltei' for not rEturning It 

new oracr tot jury. 
Jnrv, bow cnnaUtnted. 



on tHeir reliremanl. 
Delivering verdict, and entry [1 
DiBCharge of Jor- -'"—> — ■<' 



tent of impi 

that pro»oontor pay the 



3 to he re-tried. 

Isonmeut, until flue be paid. Ex- 
be dlttcharged. Order 



§$69^703. ARRAIGNMENTS. 184 

Sbo. 726. Jadgmrnt, by whom executed. 

726. Fine, by whom received beiure commitment, and how 

applied. 

727. Fine to whom paid after commitment, and how 

applied. 

728. Proceedings against magistrate or sheriff, on neglect 

to pay fine into cunuty treasury. 
7*29. Subpcenas for witue&aes, and punishing them for 
disobedience. 

730. Punishing jurui'sior non-attendance. 

731. Ko lees to jurorii or witnesses. 

732. When defendant requests a trial by police court, 

preliminary examination dispensed with. 

733. During time allowed for bail, aud until judgment, 

defend.! ut to be continued in custody of officer, or 
committed to jail. 

734. Form of commitment. 

735. By whom executed. 

736. Defendant may be admitted to bail. 

737. Bail, how and by whom taken. 

738. Form ot the undertaking. 

739. Undertaking, when forleited and aciion thereon. 

740. Forfeiture, how and by whom remitted. 

§ 699. Charge to l>e read to defendant, and he re- 
quired to plead. — In the cases in which the courts of 
special sessions or police coui-ts have juiisdiction, when 
the defendant is brought before the ma^trate, the 
charge against him must be distinctly read to him, 
and he must be required to plead thereto. 

§ 700. The plea, and how put in. — The defendant 
may plead the same pleas as upon an indictment, as 
provided in section 332. His plea must be oral, and 
entered upon the minutes of the court. 

} 701. Issue, how tried. — Upon a plea other than a 
plea of guilty, if the defendant do not demand a trial by 
jury, the court must proceed to try the issue. 

Infant may waive jury trial. Peo . ex rel. Sammons v. Wandell, 
21 Hun, 516. 

} 702. Defendant may demand a trial by Jury. — 

Before the court hears any testimony upon the trial, 
the defendant may demand a trial by jury. 

Peo. V. James, 16 Hun, 426. 

$ 703. Jury ; how summoned. — If a trial by lury be 
demanded the court shall issue an order directed to any 



185 SPECIAL SESSIONS JURY. $$ 704-707 

constable of the county or marshal of the city where 
the oflFense is to be tried and having authority to execute 
process from the court, commanding' him to summon 
twelve good and lawful men, qualified to serve as jurors, 
&nd not exempt from such service by law, and who shall 
be in no wise of kin, either to the complainant or the 
defendant, to appear before such court, at a time not 
more than three days from the date of the order, and at 
a place to be named therein, to make a jury for the trial 
of such offense. 



§ 704. Summoning the Jnxyi and retumiiig the lijrt>— 

'The officer to whom such order shall be delivei-ed shall 
execute the same fairly and impartially, and shall not 
summon any pei'son whom he shall suspect to be biased 
or prejudiced for or against the defendant. He shall 
summon the jurora personally, and shall make a list of 
the persons summoned, which he shall cei*tify and annex 
to the order and return with it to the coui*t. 



§ 706. Depositing ballots in box. — The names of the^ 
persons returned as jurora must be written on separate 
ballots, folded as nearly alike as possible, so that the 
name cannot be seen, and must, under the direction of 
the court, be deposited in a box, or other convenient 
thing. 

§ 706. Drawing the Jury* — The court must then 
draw out six of the ballots, successively ; and if any of 
the persons whose names are drawn do not appear, or 
are challenged and set aedde, such further number must 
be drawn as will make a jury of six, after all legal 
challenges have been allowed. 

See Peo. ex. rel. Ecklerr. Clark, 23 Hun, 374; Peo. ex. rel. 
Murray V. Justices, etc., 74 K.T., 406; Peo. ex rel. Met. Bd.,etc., 
V. Lane, 6 Abb. N. S., 105 ; Duffy v. Peo., 6 Hill, 75 ; Devine v. 
Peo., 20 Hun, 96 ; Peo. v. Dutcber, ib., 241. 

& 707. Challenges. — The same challenges may be 
taken by either party, to the panel of jurors, or to an 
individual juror, as on the trial of an indictment for a 
misdemeanor, so far as applicable; and the challenge 
musty in all cases, be tried by the court. 



$$ 708-713. SPECIAL SESSIONS JURY. 186 

§ 708. Taleiimaiiu when and how ordered and sum* 
monedri-^ If six of the jui^ors Bummoned do not attend, or 
be not obtained* the court may direct the officer to 
summon any of the bystanders, or others, who may be 
comx>etent, and against whom there is no sufficient cause 
of challenge, to act as Jurors. 

} 709. Punishing officer for not returning list j issuing 
new order for Jury. — If the officer to whom the oi*der is 
delivered do not x*etam it, as required by section 704, 
he may be punished by the court, as for contempt ; and 
the court must issue a new order for the summoning of 
Jurors, in substantially the same form ; upon which the 
same proceedings must be had as upon the one first 
issued. 

{ 710. Jury, how constituted. — When six Jurors 
apx>ear and are accepted, they constitute the Jury. 



§ 711. Their oath. — The court must thereupon admin- 
^ter to the jury the following oath or affii*mation : " You 
do •* swear, [or " you do solemnly affirm," as the case 
may be,] " that you will well and truly tiy this issue, 
between the people of the state of New York and A. B., 
the defendant and a true verdict give, according to the 
evidence.**, 

§ 712. Trial, how conducted.— After the Jury are 
sworn, they must sit together and hear the proofs and 
allegations of the parties, which must be delivered in 
pubuc, and in the presence of the defendant. 

$ 713. Jury may decide in court, or retire. Oath of 
officer. — After heanng the proofs and allegations, the 
jury may either decide in court or may retire for con- 
sidei*ation. If they do not immediately agree, an officer 
must be sworn to the following eifect : " You do swear, 
that you will keep this jury together in some private and 
convenient place, without food or drink, except bi^ad and 



187 . VERDICT. JUDGMENT. {§714-719. 

wa*ep, luJesa otherwise ordeped by the cnnrt; that you 
will not pHrmit any person to speak ta nr comiuiiiiicats 
with them, nor do bo yourself, unless it be to ank thmn 
whether they have agi-t>ed upon a verdict ; and that you 
will return them inl« tom-t when they have so agreed, or 
when ordei'ed by the coui't." 

§ 714. Delivering verdlot, and tmtty Uiareof. — Vhen 
the jury have agree<l on their verdict, they must deUver 
it publicly to the couft, which must eater it in its minutes. 



$ 716. dacluirge of Jury without verdiot. — The jury 
cannot be dlschai'ged, after the cause is submitted to 
them, unfit they have agreed upm and remlered their 
verdict unleea, for Bome cause within the meaning' of 
seetioua 438 and 439, the court aooner dischai'gu them. 



$ 718. When cause to be retzled. — If the jury be 
discharj^d, as iiravided in the lutit Heirtion, the court may 
proceed a^aiu t« the trial, in the same manner as upoa 
the Grat tiial ; and so on, until a verdict is rendered. 



$ 717. Juc^msut on oouviotion. — When tho defendant 
pleads guilty, or is convicted either by the court or by a 
jury, the court must render jxiilginent thereon, of fine or 
imprisonmeTit, or both, ua the cage muy retiuire ; but the 
6oe cannot exceed fifty dollars, nor the imprisonment six 
months. 



Sxt«nt of Impriaonmant. — A judgment that the deiei 
ant pay a fine may also direct tnat he be imprisoned 
until the fine be satisfied : speci^ng the extent of the 
impiiaonment, which cannot exceed one day for eveiy 
one dollar of the fine. 



^720-721. CJOSTS. CONVICTION. , 188 

ant 18 acqidttedy either b^ the court or by a jtuy, he 
must be immediately discharged; and u the court 
•certify, upon its minutes, or the jury find that the prose- 
eution was malicious or without probable cause, tiie 
«ourt must order the prosecutor to pay the costs of tlra 
proceedings, or to give satisfactory security, by a written 
imdertaking, with one or more sureties, to pay the same 
to the county within thirty days after the triaL 



{ 720. Judgment against prosecutor for costs. — If the 

prosecutor do not pay the costs or give security therefor, 
the court may enter judgment against him for the amount 
thereof, which may be enforced, in all respects, in the 
£ame manner as a judgment rendered by a justice's court 
beld by a justice of the peace. 

See Grermond v. Peo., 1 Hill, MS. 



} 721. Certificate of conviction. Its form. — When 
a conviction is had, upon a plea of guilty or upon a trial, 
the court must make and sign a certificate in substan- 
tially the following form : 

"Court of Special Seseions, or Police Court, 
•< County of Albany. Town of Berne, [or as the case 
may be]. 

" The People of the state of New York "j 

against > 

A. B. ) 

Janvary 1, 18 . 

'* The above-named A. B., having been brought before 
C. D., justice of special sessions, justice of the peace 
lor other magistrate, as the case may be] or police 
justice, of the town for city or village] of [as the 
case may be] charged with [briefly designating the 
offense], and having thereupon pleaded guilty or not 
^ilty, [as the case may be,] and demanded [or 
^* failed to demand,** as the case may be,] a Jury, and 



189 CEKTIFIC4TB OF CONVICTION, (§ 733-726. 

having been thereupon duly tried, and upon such trial, 
duly convicted. 

It ie adjud^d that ho be imprisoned in the Jul of 
this county daya [or " pay a line of doUu« and. 

be imprisoned nndlit be paid, not exceeding dayB," 
or both as the case may be. ] 

" Dated at the toum [or " dty "J of , the 

day of , 18 . 

C. D., 
Justice of the peace op police jusUce or other 
magistrate [as the case may be] of the town 
[or "city"] of , tlie " [aa the case 

$ 722. Id. — If the defendant have pleaded guilty, — 
inetead of the second paragraph, the cei'tificate must 
stal« BubataaUally aa followa : " And the above-named 
A. B. having' been Uiereupou duly convicted, upon a 
plea of guilty." 

$ 723. Ositifioate, when filed. — Within twentjr daya 
after the conviction, the court must cause the certificate 
to be filed in the ofiice of the clerk of the county. 

( 124. Oortifioate ooooluaivo evidence. — The ceHifi- 
cate, made and filed as pi-cf^ribed in the last two sec- 
tions, or a certified copy thereof, is conclusive evidence 
of the fects stated theiuin. 

Fomi. Expartt, Uorria, 2 Ed. S. C., SHI 

} 726. Judgment, by whom exeouted. — The judg- 
ment must be executed by the Bberiff of the county, or 
by a constable, marshal or policeman of the city, viUage 
or town in which the conviction is had, upon receiving- a 
copy of the certificate prescribed in section 721, certified 
by the court or the county clerk. 

$ 72S. Fine, by whom received bdbre oommltment 
and how applied. — If a fine imposed t>e paid befoi-e 
commilmenC it must be received by the court, and with- 
in thirty days after its receipt paid by such court into 
ttie county treasury. [Am'd ch. 392 of 1884.] 



if 



$} 727-733. FIN£S. SUBPOENAS. CUSTODY. 190 

$ 727. Id. J after commitment. — If the defendant be 
committed for not payin^^ a fine, he may pay it to the 
fiheiiff of the county, oat to no other x>er8on ; who must 
in like manner, within thirty days after the I'eceipt 
thei'eo^ pay it into the county ti^easuiy. 

$ 728. Proceeding! against magistrate or sheriff on 
neglect to pay fine into the county treasury. — If the 

court ur sheriff receiving the fine, fail to pay it into the 
county ti-easuiy, the county ti-easurer must immediately 
commence an action U^r^or against the sheriff or the 
magisti'ates oomprisiv^ the court, in the name of the 
county. [Am'd ch. 392 of 1884.] 

§ 729. Subpoenas and punishing their disobedience. — 

The court may issue subpoenas for witnesses, as provided 
in section 608, and punish disobedience thereof, as pro- 
vided in section 619. 

$ 730. Punishing Jurors for non-attendance. — If a 
person summoned as a juror fail to appear, he may be 
punished by a fine not exceeding five doUars imposed by 
the court, by an order entered in his minutes. The 
order is deemed a judgment, in all respects, in fSavor of 
the poor of the town or city. 

{ 731. No fees to Jurors or witnesses. — No fees are 
payable to a jui*or or witness, for his service or attend- 
ance in a court of special sessions. 

} 732. When defendimt requests a trial by police 
court, preliminary examination dispensed with. — When 

the defendant, upon being brought before themag^tratey 
I'cquests a trial by a coui-t 'of special sessions, the pre- 
liminary examination of the case is dispensed with. 

§ 733. During time allowed for bail, and until Judg^ 
ment^ defendant to be continued in custody of officer 
or committed to JaiL — During the time allowed to the 
defendant to give bail, and until judgment is given, he 
may be continued in the custody of the officer, or com- 
mitted to the jail of the county to answer the charge^ as 
t^ the magistrate may dii*ect. 



191 COMMITMENT. BAIL. {( 734-^738. 

$ 734i Form of oammtimenL— The commitment must 
be Edgned by the magistrate, by his name of office, and 
mnst be in subetantialiy the following form : 

** The sheriff of the county of , is required to 

receive and detain A. B., who stands charged before me 
for [designating the offense, generally], to answer the 
chai*^e before a court of special sessions in the town 
[cr city] of [as the case may be]. 

** Dated at the town [or city] of . , the day 

<rf , 18 . 

** C. D., justice of the peace of the town 
[or city] of ," [as the case may be]. 



$736. By whom ezecated^ — When committed, the 
defendant must be delivered to the custody of the 
proper officer, by any peace officer hi the county to 
whom the magistrate may deliver the commitment. 

§ 736. Defendant may be admitted to bail. — ^Either 
befoi*e oj* after his conmiittal, or upon being committed, 
the defendant must, if he require it, be admitted to 
balL 

§ 737. Bail, how and b3r whom taken.— The bail 
must be taken by the magistrate, by a written under* 
taking, executed by ihe defendant, with one or more 
sufficient sureties approved by the magistrate, in a sum 
not exceeding two hundred dollars. 

$ 738. Form of the imdextaking. — The undertaking 
must be insubstantially the following form : 

"A. B., having been duly charged before C. D., a 
justice of the peace in the town [or city] of [as the 

case may be], with the offense of [designating the offense 
generally]. 

*'We undertake jointly and severally, Ihat he shall 
appear thereon from time to time, until judgment, at a 
court of special sessions in the town or village [or city] 
of [as the case may be] competent to try the case, 



a 739-741. FORFEITURE OF BAIL. 192 

or that we will pay to the county of [naming' the 

county in which the court is held], the sum of 
dollars," [inserting the sum fixed bv the magistrate.] 

'* Dated at the town [or dty] of ," [as the case 

maybe]. 

§ 7^9. Undertaldiig. when forfeited, and action, 
thereon. — If the defendant fail to appear according to 
the undertaking, the coui*t, unless a sufficient excuse 
be shown, must declare the undertaking of bail for* 
feited, and the county treasurer must immediately 
conunence an action for the recovery of the sum men- 
tioned therein, in the name of the county. 

$ 740. Forfeiture, how and by whom remittedi< — 

The county court of the county, or in the city of New 
York, the court of common pleas of that city, may 
remit the forfeiture or any part thereof, in the cases 
and in the manner provided in the Code of Civil I^ro- 
cedure. 

Code Civ. Proo., H 350-^S3, 286, 2di. 



TITLE II. 

Cf the Proceedings in the Cowrt of Special Sessions i» 
the City and County of New York. 

Sec. 7tt. Police courts in Kew York, to proceed as prescribed 
in last title, except as provided in next seven sec- 
tions. 

742. In what cases to proceed to trial. 

743. If Jury demanded, magistrate to proceed to examin- 

ation of charge. 

744. Trial to be before the court, without a Jury. 

745. Clerk to issne subpoenas, sl^n ceitiflcate of Judgment, 

and enter proceedings of court and sentences upon 
convictions. 

746. Fines before committal, to be paid to clerk. His ac- 

counts, when and to whom rendered. 

747. All other fines to be paid to sheriff. His account 

thereof, when and to whom rendered. 

748. No transcript of conviction to bd filed. Certified copy 

of minutes, conclusive evidence. 

§ 741. Police courts in New York.— ITie court of 
•pecial sessions, in the dty and county of New York, 



193 N. Y. SPECIAL SESSIONS. {{ 742-746. 

I 

must proceed upon a crimmal charge in the manner 
prescribed in the last title, except as provided in the 
next seven sections, and by special statutes. » 



{ 742. When to proceed to triaL — ^When the court of 
special sessions in the city and county of New York has 
jurisdiction, it must proceed to the tnal, in the following 
cases: 

1. When the defendant has requested to be tried in 
such court ; 

2. When (having omitted for twenty-four hours to give 
bail, as required by the magistrate before whom he was 
brought, for his appearance at the next court of general 
sessions of the city and county of New York) a jury is not 
demanded by him, on being brought before the court of 
special sessions for trial. 



§ 743. If Jury demanded, magistrate to proceed to 
eacamination of charge. — If, in the case mentioned in the 
second subdivision of the last section, a jury be de- 
manded, the court of special sessions must proceed to 
the examination of the charge, and hold the defendant 
to answer or discharge him, in same manner as the mag- 
istrate befoi*e whom he was origmally brought might 
have done. 



$ 744. Trial to be before court, without a Jury.— The 
trial must, in aU cases, be before the court without a 
jury. 

§ 746. Clerks' dnties. — Subpoenas for witnesses, and 
the certificate of the judgment, must be signed by the 
clerk of the court, who must also enter all the proceed- 
ing of the court, and the sentences upon convictions, in 
a book of minutes, and when necessary, certify the pro- 
ceedings of the court. « 

§ 746. Fines before committal j clerks' accounts.— 
Fines, imposed by the court, must be received ty the 
derky if paid before committal in execution of the judg- 

13 



a 747-748. N. Y. SPECIAL SESSIONS. 194 

ment. He most, every thirty days, render to the comp- 
troller of the city, accounts of the fines imposed and 
receivM by him, and of the expenses attending the 
court. 

§ 747. Other fines. Sheiiflf 'b aocounts.— All fines, 
not paid to the clerk, as provided in the last section, must 
be received by the G^enffof the dij and county of New 
York; who must, within thirty days thereafter, pay 
them to the comptroller of the city, in the same manner 
as he is required to pay fines imposed by the court of 
genei*al sessions of the city and county of New York, 
and received by him. 

§ 748. No transcript of conviction. Certified oopy 
of mlniit4Wi, conclusive. — No transcript of a conviction, 
had in a court of special sessions in tne city and county 
of New York, neea be certified or filed ; but a copv of 
the minutes of the conviction, certified by the clerK, is 
conclusive evidence of the facts contained therein. 



TITLE III. 

Of Appeals fiom Ckntrts of Speeial SestUms. 

8eo. 749. Jadgment of special sessions, reviewable only upon 

appeal. 
700. Appeal, for what causes allowed. 
761. ^peal, how taken. 
75S. How allowed. 
708. Discharge of deflBndant from custody, upon nnder- 

taking. 
764. Undertaking, when and with whom filed. 
766. Deliyeiy of affidaTit, and allowance of appeal, to 

magistrate or clerk of police court, wtthln nve days 

after allowance. 

766. Return, when and how made. 

767. Compelling return. 

768. Ordering and compelling fhrther or amended retom. 

769. Appeal, oy whom and bow brought to argument. 

760. If not brought to argument, as provided in last sec- 
tion, to be dismissed, unless oontiAued for cause 
shown. 

761. Service of return on district attorney, ana conse- 
quenoes of Ihilnre. 



195 APPEALS. §{ 749-752. 

Sec. 762. If brought to hearing by defendant, appeal most bo 
argued, thoagh no one oppose, etc. 

763. Appeal to be heard on original return. 

764. Whafcjudgmcnt may be rendered. 

765. Judgment to be entered on the minutes. 

766. Onier upon judgment lor afllrmance. 
7(f7. Order upon judnnent of reversal. 

768. If now trial ordered, to be had in court of sessions. 
Proceedings thereon. 

768. Proceedings to cai*ry judgment upon appeal into ef- 
fect, to be had in court of sessions. 

770. On judgment of court of sessions, defendant may ap- 

peal to supreme court. His admission to bail. 

771. Judgment of supreme court upon appeal, final. 

773. Proceedings to carry into effect judgment of supreme 
court. 

§ 749. Judgment of special sessioiiB, etc., reviewable 
only by appeal. — A judgment upon conviction rendered 
by a court of special sessions, police court, police tnagis- 
trate, or justwe of the peace, in any criminal action or 
proceedings or special proceeding of a eriminal nature, 
may be i*eviewed by the court of sessions of the county, 
upon an appeal as prescribed by tl^s title, and not 
otherwise. And any appeal heretofore taken and allowed 
Jrofn a judgment of any police court or police inagistrate 
in the 'manner that appeals are directed to be taken and 
allowed by this title, and now pending undetermined in 
any court of this state, are hereby declared to be legal and 
^calid, and of the same force and effect as if taken after 
the passage of this act, [Am'd ch. 372 of 1884 J 

{ 750. AppeaL for what causes allowed. — An appeal 
may be allowed lor an erroneous decision or determina- 
tion of law 01* fajct upon the triaL 

§ 761. Appeal, how taken. — ^For the pui-pose of ap- 
pealing, the (iefendant, ,or some one on his behalf, must, 
vithin ten days after the judgment, make an affidavit, 
stating the fact showing the alleged errors in the pro 
ceedings or conviction complained of, and must, within 
that time, present it to the county judge or a judge of the 
supreme coui-t, or in the city and county of New York, to 
the recorder or city judge or judge of general sessions of 
that city, and may apply thereon for the allowance of 
the appeal. 

} 762. How allowed. — ^If^ in the opinion of the judge, 
it IS proper that the question arising on the appeal should 
be decided by the court of sessions, he must indorse on 
the affidavit an allowance of the appeal to that court. 



a 753-758. UNDERTAKING ON APPEAL. 19S 

} 763. ]>iflcharge of defendant from ciartody, iq;>on. 
undertaking — Upon allowing the appeal, the juoge may 
take from the defendant, a written undertaking, wiuL 
such sureties as he may approve, that the defendant will 
abide the judgment^ of the court of sessions upon the ap- 
peal ; and may thereupon order that he be diachai^ged 
trom imprisonment, on service of the order upon the offi- 
cer having him in custody, Or if he be not in custody^ 
that all proceedings on the judgment be stayed. 



{764. Piling undertaking. — The undertaking uxx)i> 
the apx)eal must be immediately filed with the clerk of 
the court of sesaons. 



$766. Delivery of affidavit, and allowance of appeaL 

— The affidavit and allowance of the appeal must be 
delivered to the magistrate who tned the action, or, if in 
the city and county of New York, to the clerk of the court 
of special sessions, within five days after the allowance of 
the appeal ; and when so delivered, the appeal is deemed 
taken. 



{ 766. Return, when and how made. — ^The magistrate 
or court rendering the judgment, must make a return to 
all the matters stated in the affidavit, and must cause the 
affidavit and return to be filed in the office of the clerk of 
the coui-t of sessions, within ten days after the service of 
the affidavit and allowance of the appeal. 



§ 757. Compelling return. — If the return be not made 
within the time prescribed in the last section, the court 
of sessions, or the presiding judge thereof, ma^ order 
that a return be made within a specified time which may 
be deemed reasonable ; and the court may, by attach- 
ment^ compel a compliance with the order. 

J 768. Ordering amended return. — If the return be 
iective, a further or amended return may be ordered^ 
and the order may be enforced in the manner provided 
in the last section. 



I 



157 ARGUMENT OF APPEAL. §§ 759-766. 

§ 769. Appeal, by whom and how brooght to azga- 
ment. — ^When the return is made, the appeal may be 
bix>xight to ar^ment by the defendant, on any day m 
term, upon a notice, of not less than ^ye days before the 
term, to the district attorney of the county. 

§ 760. If not brought to argument, to be dismiaaed, 
Tuueaa oontinued. — If the defendant omit to biing the 
apx)eal to argument, as provided in the last section, the 
court must £smiss it, unless it continue the same, by 
special order, for cause shown. 

§ 761. Bervice of retnm on district attorney, and conp 
seqnmiceB of fedlure. — The defendant must serve upon 
the district attorney, a copy of the return, with or be&re 
the notice of argument. If he fkil to do so, the appeal 
must be dismissed, upon proof of the tailure, unless the 
court otherwise direct. 

§ 762. 'When appeal mnat be argued. — If the ap- 
peal be brought to hearing by the defendant, it must be 
argued, though no one appear to oppose ; but if brought 
on by the district attorney, he may take judgment of 
affirmance, unless the defendant apx)ear to argue the 
api)eal. 

§ 763. Appeal to be heard on original return. — 
The appeal must be heard upon the onginal return ; and 
no copy thereof need be furnished for the use of the court. 

{ 764. "What judgment may be rendered. — After 
hearing the appeal, the court must give judgment, with- 
out regard to technical errors or defects, which have not 
prejudiced the substantial rights of the defendants, and 
may render the judgment which the court helow should 
have rendered, or may, according to the justice of the 
case, affirm or reverse the judgment in whole or in part, 
as to all or any of the defendants, if there be more than 
one, or may order a new trial, or may modify the sen- 
tence. 

} 766. Judgment to be entered on the minutes* — 
'When judgment is given upon the appeal, it must be 
«nterea upon the minutes. 



766-772. JUDGMENT UPON APPEAL. 1» 

S 766. Order upon Judgment for affimumoeri — ^If the 

jnogment be affirmed, the court most direct its execution, 
and if the defendant have been diacharsrod on bail, after 
the commencement of the execution of a judgment of 
imprisonment, must conmiit him to the proper custody 
ibr the remainder of his term of imprisonment, 

$ 767. Order upon Judgment of reversal.— If the jud^ 
ment be reversed, and the defendant be imprisoned m 
pursuance of the Judgment of the police court, the court 
of sessions must order him to be discharged. 

$ 768. If new trial ordered, to be had in oonrt of 
aemrfonii i — If a new trial be onlered, it must be had in 
the court of sessions, in the same manner as upon an 
issue of fact on an indictment ; and that court may pro- 
ceed to judgment and execution, as in an action prose- 
cuted by indictment. 

§ 769. Prooeedinffs after Judgment npon i^^peal to 
be had in oourt ot sessions. — K any proceedings be 
necessary to carry the judgment upon the appeiu into 
effect, they must be had in the court of sessions. 



§ 770. Defendant may appeal to snpreme ooort 
and give baiL — If the judgment on the appeal be against 
the defendant, he may appeal therefrom to the supreme 
court, in the same manner as from a judgment in an 
action prosecuted by indictment, and may be admitted 
to bail upon the appeal, in like manner. 

§ 771. Judgment of supreme court upon appeal, 
finaL — The judgment of the supreme court upon the 
appeal is final. 

§ 772. Proceedings to carry into effect Judgment of 
supreme court. — The same proceedings must be had, to 
caiTy into effect the judgment of the supreme court 
upon the appeal, as if it had been taken upon a judg- 
ment in an action prosecuted by indictment. 



199 CORONERS. $ 773. 



PABT VI. 

OF SPBCIAIi FROGBBDINaS OF A GRIMIKAL KATURB. 

TiTLB L Of gobonbrs' iitqubsts, and thb dutibs of 

COBONBES. 
n. Of SBABCH WABRABTS. 
IIL Of thb OUTLAWRY OF PBBSON8 GONVICTBD OF 

TBBASON. 
IV. Of PBOCBBDING8 AGAINST FUOITIVBS FBOM JU8- 
TICB. 

Y. Of fbocbbdings RBSPBcnNa bastabds. 
yi . Of PBOcasEDiNGS bbspbcting vagrants. 
Vn. Of fbogbbdings bbspbgting disorderly fbb* 

• sons. 

YULi. Of frocebdings rbsfbcting thb support of 

POOB persons. 

IX. Of PBOCBBDINGS RBSPBCTING UASTBBSy APPREN- 
TICES, AND SERVANTS. 
X. Of CRIMINAL STATISTICS. 

XI. MiSCBLLANEOUS PROVISIONS BBSPBCnNG FRO* 
CBBDINGS OF A CRIMINAL NATURE. 



TITLE I. 

Of Cdroners* InqiLests, and the DvMes of Coroners, 

Seo. 778. In what cases coroner to sammon a Jury. KniQber of 
jurors to be summoned. 

774. Jury to be sworn. 

775. Witnesses to be subpoenaed. 

776. Comi)ening attendance of witnesses, and punishing^ 

their disobedience. 

777. Verdict of the jury. 

778. Testimony, how taken and filed. 

779. If defendant arrested before inquisition filed, deposi- 

tions to be delivered to magistrate, and by him re- 
turned. 

780. Warrant for arrest of party charged by verdict. 
731. Form of warrant. 

782. Warrant, how executed. 

788. Proceedings of magistrate, on defendants being 
brought uefore him. 

784. Clerk with whom inquisition is filed, to furnish magis- 
trate with copy of the same and of testimony 
returned therewitli- 



§f T75-775. CORONER'S JURY. 200 

Sec 785. Ck>roner to deUrer money or property fbnnd, on 
deceasec^, to eoanty treasurer. 
7S6. County treosorer lo place money to credit of county ; 
and to sell other property and place proceeds to 
credit of county. 

787. Money* when and how paid to represehtatiYes of 

deceiaeed. 

788. Superyisors to require statement nnder oath, froni 

coroner, beibre anditinsr his accounts. 
780. In New York, police justices may perform duties of 

coroner, daring his inability. 
790. Compensation of coroners. 

$ 773. OoKonflr's Jury.--- When a coroner is informed 
that a person has been killed or dangerously wounded 
by another, or has suddenly died, under such circum- 
stances as to afford a reasonable ground to suspect that 
his death has been occasioned by the act of another, by 
criminal means, or has committed suicide, he must go 
to the place where the person is, and forthwith summoa 
not less than nine, nor more than fifteen persons, 
qualified by law to serve as jurors, to appear before 
him forthwith, at a specified place» to inquire into the 
cause of the death or wound. 



§ 774b Jury to be swonu — When cdx or more at the 
jurors api)ear, they must be sworn by the coroner to 
inquire who the person was, and when, where and by 
what means he came to his death or was wounded, aa 
the case may be, and into the l^circumstances attending^ 
the death or wounding, and to render a true verdict 
thereon, according to the evidence offered to them, or 
arising from the inspection of the body. 



§ 776. Witnesses to be subposnaod.— The conmer 
may issue subpoenas for witne8ses,retumable forthwith, 
or at such time and place as he may appoint. He must 
summon and examine as witnesses, everv person who, 
in his opinion, or that of any of the jury, nas any know- 
ledge of the facts ; and he must summon as a witness a 
surgeon or physician, who must, in the presence d the 
jury, inspect the body, and give a professional opinion as 
to the cause of the death or wounding. 



\ 



I 



201 \nTNESSES. BVIDENCE. $$776-780. 

$ 776, OompeDiiig attendanoe of -witneuM^ imd 
pnniflhing their disobedience.^- A witness served with a 
aabpcBna may be compelled to attend and testify, or 
punished by the coroner for disobedience, as upon a 
subpoena issued by a magistrate, as provided in this 
Oode 

See i 619, ntpra ; Code Civ. Proc., ii 8-18, 868-86S. 



§ 777. Verdict of the Jury. — After inspecting the 
body, and hearinfi^ the testimony, the jury must render 
their verdict, and certify it by an inquisition in writing, 
signed by them, and setting forth who the person kiU^ 
or woxmded is, and when, where, and by what means 
he came to his death or was wounded ; and if he were 
killed or woimded, or his death were occasioned by the 
act of another, by criminal means, who is guilty thereof, 
in 80 feir as by such inquiation they have been able to 
ascertain. 



$778. Testimony, how taken and filed. — The testi- 
mony of the witnesses examined before the coroner's 
jury must be reduced to writing by the coroner, or under 
his direction, and must be foi*thwith filed by him, with 
the inquisition, in the office of the clerk of the court of 
sesEdons of the county, or of a city coui*t, having power 
to inquire into the offense by the intervention of a grand 
jury. 



$ 779. If deiendant anrested before Inqtiiaition filed, 
depositions to be delivered to magistrate. — If, how- 
ever, the defendapt be arrested before the inquisition 
can be filed, the coroner must deliver it with the testi- 
mony, to the magistrate before whom the defendant is 
brought, as provided in section 781, who must return it 
with the dei>08itions and statement taken before him, in 
the manner prescribed in section 221. 



{ 780. Wazrant for arrest of party charged bv ver- 
dloL — If the jury find that the person was killed or 
woimded by another, under circumstances not excusable 



ii 



H 781-783. OOBONBR'S WARRANT. 202 

or JQBti6aUe by Uw, or that his death was ooeaaoned 
by the act of another, by criminal meanSv and the parky 
committing the act be ascertained by the inquieitiim, 
and be not in custody, the conmer most issue a warranty 
signed by him with hiB name of office, into one or more 
ooonties, as may be necessary, for the arrest of the 
person char^ged. 






{ 781. Fotm of wazxanL — The coroner's warrant 
most be in substantially the following fonn : 

Coonty of Albany f [or as the case may be]. 
** In the name of the people of the state of New York t 
To any peace officer in this state : 

An inquisition having been this day found by & 

coroner's jury, before me, stating that A, B. has came to 
Ms death by the act of C. D., by criminal meanst [or as 
the case may be, as found by the inquisition] : 

** Tou are therefore commanded, forthwith to arrest 
the above-named C. D., and take him before the nearest 
and most accessible magistrate in this county.** 

** Dated at the city of Albany [or as the case may be]» 
the day of , 18 . 

" E. F., 
Coroner of the county of Albany " 
[or as the case may be]. 



$ 782. Wazrant, how ezecnted. — The coroner's 
warrant may be served in any county ; and the officer 
serving it must proceed thereon, iii all respects, as upon 
a wari'ant of arrest on an information ; except, that when 
served in another county, it need not be indorsed by & 
magistrate of that county. 



$ 783. Prooeedings before magistrate. — The magis- 
. trate, when the defendant is brought before him, must 
pit)ceed to examine the charge contained in the inquisi- 
tion, and hold the defendant to answer, or discharge him 
therefrom in the same manner, in all respects, as upon a 
warrant of arrest on an information. 



908 RETURNS BY CORONER. ${784-788. 

r $ 784. Olerk to famish magistrate with oopsr of the 

inqniaition and testimony. — Upon the arrest of the 

; defendant, the clerk with whom the inquisition is filed 

mnstt without delay, furnish to the magistrate a certified 
eopy of it, and of Uie testimony returned therewith. 

I 

$ 785. Coroner to deliver money or property fbmidy 

, on deceased, to county treasurer^ — ^The coroner must, 

I within thii*ty days after an inquest upon a dead body, 

p deliver to the county treasurer, any money or other 

property which may be found upon the body, unless 

claimed in the meantime by the legal representatiyes of 

the deceased. If he fail to do so, the treasurer may 

proceed against him for its recovery, by a civil action in 

the name of the county. 

§ 786. Oonnty treasnrer to place money to credit of 
county, etc. — Upon the delivery of money to the ti-easurer 
he must place it to the credit of the county. If it be 
other prox)erty, he must, within thirty days, sell it at 

gublic auction, upon reasonable public notice ; and must, 
I like manner, place the proceeds to the credit of the 
county. 

§ 787. Money, when and how paid to representa- 
tives of deceaseds — If the money in the treasury be 
demanded within six years, by the legal representatives 
of the deceased, the treasurer must pay it to them, after 
f dedocting the fees and expenses of the coroner and of 

' the county, in relation to the matter, or it may be so paid 

at any time thereafter, upon the order of the boani of 
siqiervisors. 

$ 788. Statement under oath from coroner, before his 
account is audited*— Before auditing and aUowing the 
account of liie coroner, the board of supervisors must 
require from him a statement in writing, of any money 
or other property found upon persons on whom inquests 
have been held by him, verified by his oath, to the effect 
i that the statement is true and that the money or property 

mentioned in it has been delivered to the legal represen- 
tatives of the deceased, or to the county treasurer. 



4f 789*790. COBONEBS. 304 

f 789. WImb New York poUoe JiutioM may act as 
ooKonenb — In the citv of New York, if the coroner be 
absent or be unable, for any canse, to attend, the duties 
imposed by this title may be ^iformed by a police 
justice, but by no other officer, with the same authority, 
and subject to the same obligations and penalties as ap« 
plied to the coroner. 



§ 790. Ck>mpeiisatioii of coronen. — The coroner is 
entitied, for his services, in holding inquests and perform- 
ing any other duty incidental thereto, to such compensa* 
Hon as defined by special statutes. 



TITLE 11. 

Cf/Seardi Warrants. 

8bo. 791. Search warrant defined. 

792. Upon what grounds it may be issued. 
798. It cannot be issued but upon probable oanse, sap- 
ported by affidavit. 

794. Before issuing warrant, magistrate must examine, on 

oath^ the complainant and his witnesses. 

795. Depositions, what to contain. 

796. Magistrate, when to issue warrant. 

797. Form of the warrant 

798. By whom served. 

799. Officer may break open door or window, to execute 

warrant. 

800. May break open door or wiadow, to liberate person 

acting in his aid, or for his own liberation, 

801. WJicn warrant may be served in the night time, and 

direction therefor. 

802. Within what time warrant must be executed and re- 

turned. 
808. Officer to give receipt for property taken. 
8M. Property, when delivered to magistrate, how disposed 

of. 

805. Betum of warrant, and delivery to magistrate of in- 

ventory of property taken. 

806. Magistrate to deliver copy of inventory to the person 

from whose possession property is taken, and to 
applicant for warrant. 

807. If grounds for warrant controverted, magistrate to 

take testimony. 
806. Testimony, how taken and authenticated. 



906 SEARCH WARRANTS. }$ 791-798. 

8*0. M9. Property, -wlieir to be restored to per8on.from whom 
it was taken. 

810. Depositions, search warrant, return and inventory, to 

be returned to court of sessions or city court nav- 
inj^ jurisdiction of offense. 

811. Maliciously and without probable cause proenrin^^ 

search warrant, a misdemeanor. 

813. Peace officer, exceeding bis authority. 

81.S. Person charged with felony supposed to hare a dan- 
gerous weapon. 

$ 79L Search warrant defined. — A search warrant is 
an order in writing, in the name of the people, signed by 
a magistrate, dii*ected to a peace officer, commanding- 
him to search for personal property, and bring it before 
the magistrate. 

§ 792. Upon what grounds it may be issued. — It may 

be issued upon either of«. the following grounds : - 

1. "When the property waa stolen or embezzled ; la 
which case, it may be taken, on the warrant, from any 
house or other place in which it is concealed, or from the 
X>ossession of the person by whom it was stolen or em- 
bezzled,, or of any other person in whose possession it 
may be; 

2. When it was used as the means of committing & 
felony; in which case, it may be taken, on the wai-rant, 
from any house or other place in which it is concealed, 
or from the x)Ossession of the x)erson by whom it was used 
in the commission of the crime, or of any other person in 
whose possession it may be ; 

3. "When it is in the possession of any person, with the 
intent to use it as the means of committing a public of- 
fense, or in the possession of another, to whom he may 
have delivered it for the purpose of concealing it, or pre- 
venting its being discovered ; in which case, it may be 
taken, on the warrant, from such person, or fi*om a 
house or other place occupied by him, or under his con- 
trol, or from tne possession of the person to whom he 
may have so delivei*ed it. 

To diBcover lottery tickets. Peo. v. Noelke, 29 Hun, 461. 

$ 793. It cannot be issued but upon probable oause^ 
s u pported by affidavit. — A search warrant cannot be 
ifisued, but upon probable cause, supported by affidavit,, 
naming or describing the pei'son, and particularly de- 
scribing the property, and tiie place to be searched. 



^794-797. PROOF FOR WARRANT. 906 



{79^ Befo^isfoing warrant, magutratemiut 
inei on oath, tha oomplainant and hia witneoaea. — The 

magiBtrate musty before issuing the warrant, examine, 
on oath, the complainant and any witnesses he may pro- 
duce, and take their depositions in. writing, and cause 
them to be subscribed by the parties making them. 

§ 796. Depoaitiona, what to contain. — The deposi* 
tions must set forth the facts tendins^ to estabUsh the 
^prounds of the application, or probab& cause for believ* 
mg that they exist. 

§ 796. Magistrate, when to issue warrant. — If the 
magistrate be therei^n satisfied of the existence of the 
grounds of the application, or that there is probable 
cause to believe their existence, he must issue a search 
warrant, signed by him with his name of office^to.a 
peace officer in his county, commanding him foHhwith, 
to search the person or place named, for the property 
specified, and to bring it before the magistrate. 

$ 797. Form of the warrant. — The warrant most be 

in substantially the following form : 

*' County of Albany, [or as the case may be.] 
" In the name of the people of the state of New Tork : 
** To any peace officer in the county of Albany, [or as the ^ 
case maybe] proof b^ affidavit, having been this aay made 
before me, by [naming every person whose affidavit has 
been taken,] that [stating the particular grounds of the 
application, according to section 792 ; or if the affidavits 
be not positive, " that there is probable cause for believ- 
ing that," — stating the gi'ound of the application in the 
same manner;] 

" You are therefore commanded, in the day time, [or 
" at any time of the day or night," as the case may be, 
according to section 801,] to make immediate search en 
the person of C. D.f [or "in the building situated" — 
describing it or any other place to be searched with 
reasonable particularity, as the case may be,] for the 
following property : [describing it with reasonable pai^ 
tkularity^ and if you find the same or any part 



907 SERVICE OF WARRANT. $$ 798->S02. 

thereoC to brin^ it fbrthwith before me, at [stating the 
X^ace.] 

** Dated at the city of Albany f [or as the case may be] 
the day of - , 18 . 

"E. P., 
Jostice of the peace of the city 
[or town] of [or as the case may be.] 

^ See Johnson v. Comstock, 14 Hon, 238. 

J } 796. By whom senred^ — A search warrant may, in 

aU cases, be 8ei*ved by any of the officers mentioned in 
its direction, but by no other person, except in aid of the 
officer, on his requiring it, he being present and acting 
in its execution. 

{ 799. Officer may break open door or window, to 
eoEecute waxrauL — The officer may break open an outer 
or' inner door or window of a buUding, or any part of 
^e building, or anything tiierein, to execute the war- 
rant, if, after notice of his authority and purpose, he be 

refused admittance. 

Bell V. Clapp, 10 Johns., 263. 

$ 800. BCay break open door or window, to liberate 
it4|»f<jf or person acting in his aid^ — ^He may break 
open any outer or inner door or window of a building, 
for the purpose of liberating a person, who, having 
entered to aid him •in the execution of the warrant, 
) is detained thei*ein, or when necessary for his own 

liberation. 

$ 801. When warrant may be served In the night 
timOri — The magistrate must insert a direction in the 
warrant, that it be served in the day time, unless the 
affidavits be positive that the property is on the person, 
or in the place to be searched ; in which case, he may 
insert a direction that it be served at any time of the 
day or night. 

} 802. When warrant mnst be ezeooted and re* 

search warrant must be executed, and 



a 80a-:806. SEIZURE OF FB0PERT7. 20& 

returned to the mttgistrate by whom it was issued^ if 
issued in the dty and county of New York, within €ve 
days after its date, and if in any other county, wil&in. 
ten days. After the expiitition of those times respec- 
tively, the waiTant, unless executed, is void. 

& 803. Officer to give receipt for property taken. — 
When the officer takes property under the waiTant, he 
must give a receipt for the property taken, (specifying' 
it in detail,) to the person from whom it was taken by 
him, or in whose poesesedon it was found, or, in the 
absence of any person, he must leave it in the place 
where he founa the property. 

$ 804. Property when delivered to magistrate, honir 
dispcaed oL — When the property is delivered to the 
ma^trate, he must, if it was stolen or embezzled, dis- 
pose of it as provided in sections 687 to 689, both inclu- 
sive. If it wei'e taken on a warrant issued on the 
grounds stated in the second and third subdivisions of 
section 792, he must retain it in his x>osa0S6ion, subject 
to the oixier of the court to which he is requii-ed to 
return the proceedings before him, or of any other court 
in which the oflFense, in respect to which the property '"^ 

was taken, is triable. 

§ 805. Return of wanr^t, and delivery to magis* >^ 1 

trate of inventory of property tak^n. — The officer must ^ 

forthwith retuim the warrant to the magistrate, and I 

deliver to him a written inventory of the property I 

taken, made publicly, or in the presence of the person 
from whose possession it was taken and of the appll- , { 

cant fbr the waiTant, if they be present, verified by the 
affidavit of the officer, and taken before the magistrate, 
to the following effect : "I, A. B., the officer by whom 
this warrant was executed, do swear that the above 
inventory contains a true and detailed accoimt of all the 
property taken by me on the warrant." 

§ 806. Magistrate to deliver copy of inventory to 
the parties. — The magistrate must thereupon, if re- 



a09 PROCEEDINGS AFTER SEIZUBE. (§807-812. 

quired, deliver a copy of the inyentory to tiie person 
from whose possession the property was taken, and to 
the applicant for the warrant. 



} 807. If grounds for warrant controverted, magis- 
trate to take testimony. — If the grounds on which the 
warrant was issued be controverted, the magistrate 
must proceed to take testimony in relation thereto. 



§ 808. Testimony, how taken and authenticated^^ 

The testimony given by each witness must be reduced 
to writing and authenticated in titie manner prescribed in 
section 200. 



$ 809. Property, when to be returned. — If it apx)ear 
that the property taken is not the same as that pre- 
scribed in the warrant, or that there is no probable cause 
for believing the existence of the gi'ounds on which the 
warrant was issued, the magistrate must cause it to be 
restored to the person from whom it was taken. 



$ 810. Return to be made to court of sessions or 
city court having Jurisdiction. — The magistrate must 
annex together the depositions, the search warrant and 
return, and the inventory, and return them to the next 
court of sessions of the county, or city court, having 
power to inquire into the offense in respect to which the 
search warrant was issued, by the intervention of a 
grand jtuy, at or before its opening on the first day. 

( 811. Maliciously procuring search warrant, a mis- 
demeanor. — A person, who maliciously and without 
probable cause, procures a seaixsh warrant to be issued 
and executed, is guilty of a misdemeanor. 

$ 812. Peace officer, exceeding his authority.r— A 

peace ofQcer, who, in executing a search warrant, will- 
fully exceeds his authority, or exercises it with im« ^ 
necessary severity, is guilty of a misdemeanor. ^fl 

14 m^ 



a 813-815. SEARCHING FELONS. 210 

{ 813. Ponon ehargiad with felony siippOMd IoIukvb 
a dangmnoiifl WMipOB, etc. — When a person dmnped 
with a felony is supposed by the ma^i^rate before 
whom he is brought, to have upon his person a danger- 
ous weapon, or any thin^p which may be used as evidence 
of the commission of tho offense, the ma^trate may 
direct him to be searched in his presence, and the 
weapon or other thing to be retained, subject to his 
order or the order of we court in which the defendant 
may be tried. 



TITLE III. 

Qf the Outlawry of Persona Convicted of Treason. 

8eo. 814. When application for ootlawry may be made. 

815. On what proof to be made. 

816. Order that the defendant appear to receive jadgmenti 

or be outlawed. 

817. Pablication of order. 

818. Judgment on appearance of deflendant, or on hia not 

appearing 

819. Effect of the Jndgment. 

820. Filing Judgment roll, and transcripts tfaereot 
SSL Judgment roll, of what tocouBist. 

822. Appeal may be at any time taken, by defiondant, from 

judgment. 

823. Appeal, how taken, and proceedings thereon. 

824. Effect of reversal. 

825. Defendant may be arrested to receive judgment, not« 

'Withstanding outlawry. 

826. No other proceeding for outlawry in ciimUuil cases 

allowed. 

§ 814 Whan application for outlawry may be mada. 

•^When, upon a bench warrant issued for the appre- 
hension of a person who has pleaded guilty, or agamst 
whom a verdict has been rendered, upon an indictment 
fi>r treason, it is duly returned that the defendant can- 
not be found, the district attorney of the county may 
apply to the court in which the oonyiction was had, m 
judgment of outlawry. 

$ 816. On what proof to be made. — The application 
must be founded upon the return of the bench warrant, and 
upon proof, by affidavit, that the defendant has escaped, 
and on diligent search cannot be found withui the 
county. 



211 OUTLAWRY. » 81(^-821. 

§ 816. Order that the delendant appear to le- 
eetve jadsmeiit, or.be outlawed. — The oonrt, upon 
being satisfied that the defendant has escaped, and can- 
not, upon diligent search, be found in the county, must 
make an order that he appeal* on the first da^ of the 
n^t term, to recave judgment upon the conviction or 
be outlawed. 

$ 817. Pablication of Order. — The order must be 
immediately published, once a week for six successive 
weeks, in a newspaper published in the county, and in 
the state paper. 'Ae expense of the publication is a 
county charge. 

} 818. Jadgment on appearance of defendant, or de* 
fault. — If the defendant appear, judgment must be ren- 
dered against him upon the conviction. If he do not 
appear, the couii;, upon proof of the due publication of 
the order, must render judpment that the defendant be 
outlawed, and that all his civil rights be forfeited. 



§819. XMEect of the Judgment. — The defendant is 
thereupon deemed civilly dead, and forfeits to the people 
of this state durinfi^ his me-time, and no longer, all free- 
hold estate in real property, of which he was seized in 
his own right, at the time of committing the treason, or 
at any time thereafter, and all his personal property 



§ 820. Fihog Judgment roll, and transcripts therec£ — 
Upcm a judgment of outlawry, the judgment roll must 
be made up, and filed with the clerk of the county in 
which the conviction was had, and docketed with the 
same effect as in a civil action. A transcript thereof 
may also be filed and docketed, with the like effect, in 
any other county. 



§ 821. Judgment roll, of what to oomdst — The judg- 
ment roU consists of the several matters prescribed in 
section 485, except the fifth subdivision ; to which must 



I 



K 823-820. APPRAL FROM OTTTLAWRT. 212 

be annexed a certified copy of the order to appear for 
jud^^nent, the affidavits proving; its pablicatirai, and a 
certified copy of the judgment ofcmtlawry. 

§ 822. Appeal may be at any time taken, by defend- 
anl, from judgment — An appeal may be taken by the 
defendant, at any lime, from a judgment of outla;«n*y. 



6823. Appeal, how taken and prooeedingi thereon. 

— ^The appeal may be taken in person or by counsel* in. 
the same manner, and the proceedings thereon are the 
same, as upon an api^eal from a judgment of conviction 
on an indictment. 



§ 824. BfiiBct of reversaL — If the judgment be re- 
versed* on appeal, the defendant is restored to his civil 
rights. 



§ 826. Z>efendant may be azreated to receive Judg- 
ment, notwithstanding outlawry. — Notwithstanding^ 
judgment of ouUawry against the defendant, he may be 
arrested at any time uiereafter, to receive judgment 
upon the conviction. 

} 826. No other proceeding for outlawry in criminal 
cases, allowed. — No other proceeding for the outlawry 
of the defendant in a criminal action, can be had than 
that provided in this title. 



TITLE IV. 

Cf Proceedings offaifut FHtgitivea from JusHee, 

Chaptbb I. Faffitires from another state or tenitory. Isle 
this state. 
n. Fugitives from this state, Into another state or 
territory. 



213 FUGITIVES FROM JUSTICE. H 827-^29. 



CHAPTER I. 

PUGITIVBS FROM ANOTHBB 8TATB OB THBBITOBYy ISTO THIS 

STATB. 

3bo. 827. To be delivered up by the ffovemor, on demand of the 

executive aathority of the state or territory from 
which they have flea. 
SSBB. Magistrate to issue warrant. 
828. Proceedings for arrest and commitment of the person 

charged. 
830. When, and for what time to be committed. 
881. His admission to bail. 
88:2. Magistrate to give notice to the district attorney* of 

the name of the person and the cause of his arrest. 
883. District attorney to give notice to executive authority 

of the state or terntory, etc. 

834. Person arrested to be discharged, unless surrendered 

within the time limited. 

835. Magistrate to return his proceedings to the next court 

ol sessions. Proceedings thereon. 

$ 827. Reqniaitioiui from other states, etc. — A x>erson 
charged in any state or territoiy of the United States, 
-with treason, felony, or other crime, who shall flee from 
justice and be found in this state, must on demand of the 
executive authority of the state or territory from which 
he fled, be delivered up by the governor of this state, to 
be removed to the state or territory having jurisdicfion 
of the crime. 



} 828. BSagistrate to issue warrant. — A mag^trate 
may issue a warrant for the apprehension of a person so 
charged, who shall flee from justice and be found within 
this state. 



§ 829. Prooeedings for arrest and commitment of the 
person charged. — The pi*oceedings for the arrest and 
commitment of the person charged are in all respects 
similar to thoee provided in this Code, for the arrest and 
commitment of a person charged with a public oifense 
committed in this state ; except, that an exempHfied copy 
of an indictment found, or other judicial proceeding had 
against him, in the state or territory in which he is 
charged to have committed the offense, may be received 
as evidence before the ma^strate. 



{$830-834. DETENTION OF FDGinYES. 314 

§ 830. When, and tor what time to be committed.. — 

If, fi'om the examination, it appear that the pereoa 
charged has committed the crime alleged, the magistratei 
by warrant reciting the accusation, must commit him to 
the proper custody in his county, for a time specified ia 
the warrant, which the magistrate deems reasonable, to 
enable the arrest of the fugitive under the warrant of 
the executive of this state, on the requisition of the ex-* 
ecutive authorily of the state or territory in which he 
committed the offense, unless he give bail, as provided 
in the next section, or until he be legally diachafged. 



$ 831. Hifl admiwdon to balL — A judge of the su- 
preme court may admit the person arrested, to bail, by 
an undei'taking, with sufficient sureties and in such sum 
as he deems proper, for his appearance before him at 
a time specified in the undertaKmg, and for his surren* 
der to be arrested upon the warrant of the governor of 
this state. 



$ 832. BCagifltrate to notify the district attorney. — 

Immediately upon the arrest of the person chai^^ed, the 
magistrate must give notice to the district attorney of the 
county, of the name of the jperaaa and the cause of his 

arrest. 



$ 833. District attomey to rive notice to ezeontive 
airthority of the itate^ etc — The district attorney must 
immediately thereafter jgive notice to the executive au- 
thority of the state or territory, or to the prosecuting^" 
attoraey, or pi*esidlng judge of the criminal court of the 
city or county therein, having jurisdiction of the offense, 
to the end that a demand may be made for the arrest 
and surrender of the person charged. 



$ 834. Person arrested to be discharged, unless duly 
8uxrendere<L — l^e person an^sted must be discharged 
from custody or bail, unless before the expiration of the 
time designated in the warrant or undertaking, he be 
arrested under the warrant of the governor of this state. 



315 RETURN. EXPENSES. {$835-837. 

§ 835. MaguArate to return his proceedings to the 
next court of lessions. Proceedings thereon. — The 
xnagifiii'ate must return his pi*oceedmgs to the next court 
of sessions of the county, which must thei'eupon inquire 
into the cause of the airest and detention of the person 
charged ; and if he be in custody, or the time for his sjv 
rest have not elapsed, it may dischar&fe him fi'om deten- 
tion, or may order his undertaking of DaQ to be canceled, 
or eontinue his detention for a longer time, or re-admit 
fakn to bail, to appear and surrender himself within a 
time specified in the undertaking. 



CHAPTER n. 

VUGinYBS FROM THIS STATB, INTO ANOTHBB STATB OB TBBRI- 

TOBY. 

8bo. 886. Accounts of persons employed in procuring the sur- 
rsndcr of lugitiyes from this state, how paid. 
8S7. Ko public officer of this state, to receive compenssr- 
tion for procuring demand or surrender of fngitlve, 

' e*c. 



{830. Repealed. 
$837. Repealed. 



^ 838. BASTARDY. 216 



TITLE V. 

Cf Proceedings respecting Bastards. 

ChaftbbI. Proceedings before magistarates, reepecting bas- 
tards. 
n. Appeals from the orders of magistrates, rtBpecUng 

Dastards. 
m. Enforcement of the undertaking for the support of 
the bastard or its mother, or for appearance on 
appeal. 

CHAPTER I. 

PBOCRBDnrOS BBFOBB HAGISTRATHSy BBSPBCnNG BASTABDB. 

SSG. 838. Definition of a bastard. 

838. Who are liable for its support. 

840. When bastard, chargeable to the public, is bom or is 

likely to be bom, application to be made to a justice 
of the peace or pohce Justice. 

841. Examination by the magistrate, and warrant against 

the father. 

843. Justice designated as a mai^istrate, and person pro- 

ceeded against as defendant. 
848. Warrant, when to be served in another county 

844. Magistrate in another county, may take undertaking 

for support of bastard and mother, or for appear- 
ance of defendant at the sessions. 

845. On giving undertaking, defendant to bo discharged. 
840. If undertaking not given, defendant to be taken be- 
fore magistrate who issued the warrr.at. 

847. Before what magistrate in the same county, defend- 

ant is to be taken, when the magistrate issuing the 
warrant is unable to act. 

848. The magistrate to associate witli himself, another 

magistrate and they to examine the matter. 

849. Adjournment of examination. Security from defend- 

ant. 

850. Determination of the case, and order of the magis- 

trntes 
861. Defendant to pay the costs, and give undertaking for 

support of bastard and mother, or for appearance at 

sessions. 
852 Ou giving* undertaking, defendant to be discharged ; 

otherwise, to be committed. 
858. Commitment of defendant,during examination. 
854. Proceedings by magistrate, when security is given by 

defendant on arrest out of the county. 

866. Examination in such case, and order thereon. 

856. Magistrates may compel mother to disclose the flUber 
of the bastard. Proceedings, if she refuse. 

867. If mother possess property, two magistrates may 

make an order that she pay for the support of Uia 
child. 



217 BASTARDY PROCEEDINGS. $$ 838-841. 

8bO. 858. If she do not comply, she most be committed, or dis- 
charged on undertaking. 

880. Magistrates may redace amount directed to be paid 
by the father or mother. Court of sessions may re- 
duce or increase it. 

860. Proceeding against the Ibther or mother, absconding 
fkrom their place of residence. 

i 838. I>efinition of a bastard. — ^A bastard is a child 
Wno is begotten and bom, 

1. Out of lawful matrimony ; 

.2. While the husband of its mother was separate from 
her, for a whole year previous to its birth ; or, 

3. During the separation of its mother from her hus- 
l)and» pursuant to a judgment of a competent court. 

Feo. V. Overseers of Ontario, 16 Barb., 286. 



§ 839. Who are liable for its support. — The father 
and mother of a bastard are liable for its support. In 
case of their neglect or inability, it must be supported by 
the county, city or town in which it is boim, as provided 
by special statutes. 

Initocy no defbnae. Peo. v. Moores, 4 Denio, 518. See Peo. 
V. Overseers of Ontario, 15 Barb., 286. 

$ 840. Application to inquire into the facts. — If a 
i¥oman be delivered of a bastard, or be pregnant of a 
child likely to be bom such, and which is chargeable to 
to a county, city or town, a superintendent of the poor of 
the county, or an overseer of the poor or other officer of 
the alms-house of the town or city where the woman is, 
must apply to a justice of the peace or police justice in 
the comity, to inquire into the fkcts of the case. 

Justioe can only act in his county and on proper official appli- 
cation. Sprague v. Eccleston, 1 Lans., 74. See Wallsworth v. 
McCulLongh, 10 Johns. , 93; Birdsall v. Edgerton, 25 Wend. , 619. 



$ 841. ZSzamination by the magistrate and warrant 
against the father. — ^The magistrate must, by the exami- 
nation of the woman on oath, and any other testimony 
which may be offered, ascertain the father of the bastard, 
and must issue his warrant, directed to a peace officer of 
the county, commanding him, without delay, to appre^ 



K 843-844. DEFHOnONS. WARRANTS. 318 

liend the father and bring l^uu before the justice, for the 
puipose of having an acyudication as to the filiation of 
the bastard. 

} 842. Jnstioe dedgnated as a magistrate^ and person 
prooeeded against as defendant. — An officer issuing a 
warrant or making an examination, as provided in this 
chapter, is designated as a magistrate, and the person 
against whom the warrant is issued, as the defendJsnt. 



6 843. Warrant, when to be served in another oonuty. 

— If the defendant reside in another county than that in 
which the warrant issued, the magistrate must, by an 
indorsement thereon, direct the sum in which the defend- 
ant shall give security, and the officer must deliver the 
warrant to a justice of the peace or police justice in the 
city or town in which the defendant resides or is found. 
The magistrate to whom it is presented, on proof, under 
oath, of the signature of the magistrate who issued the 
warrant, must then indorse a direction thei'eon, that it be 
served in the county in which he resides, and the defend- 
ant may be arrested in that county accordingly. Upon 
this proof, the ma^strate indorsing the warrant is 
exempted from liability to a civil or criminal action, 
though it afterward appear that the warrant was illegally 
or improperly issued. 

§ 844. Magistrate in another oonnty, may take 
undertaking. — When the defendant is arrested in 
another county, he must be taken before the magistrate 
who indorsed the warrant, or before another magistrate 
of the same city or county, who may take fvoia the 
defendant an undertaking, with sufficient sureties, to 
the effect : 

1. That he willindemnifjr the county, and town or city, 
where the bastard was or is likely to be bom, and every 
other county, town or city, against any expense for the 
support of the bastard, or of its mother during her 
confinement and I'ecovery, and to pay the costs of arrest- 
ing the defendant, and of any order of filiation that may 
be made, or that the siireties will pay the sum indorsed 
on the warrant ; or 



319 UNDERTAKING.. TRIAL. $$84&-848. 

2. That the defendant will appear and answer the 
charge at the next court of seesions of the county where 
the warrant was issued, and obey its order thereon. 

Attorney cannot he surety. Role 5 Sap. Ct. See Peo. v. Til- 
ton, 13 Wend.* 697. 



$ 845. On giving undertaking, defendant to b« dia- 
ofaiarged. — When either of the undertakings mentioned 
in the last section is given, the magistrate must discharge 
the defendant, and must indorse a certificate of the dis- 
chai^ upon the warrant. He must aJso deliver the 
warrant, with the undeiiaking, to the officer, who must 
return it to the magistrate granting the warrant, by 
whom the same proceedings must be had, as if he had 
taken the undertaking. 



$ 846. If undertaking not given. — If the defendant 
do not give secuiity, as provided in section 844, the offi- 
cer must take him before the magistrate who issued the 
warrant. 



$ 847. When magistrate iasuing warrant is unable 
to aotr— If, however, the magistrate who issued the 
warrant be absent or unable to act, the defendant must 
be taken before the nearest or most accesdble magistrate 
in the same county. The officer must, at the same time, 
deHver to the magistrate, the warrant with his return 
indOTsed and subembed by him. 



$ 848. BCi^irtrate to associate with himselC another 
magistrate.— The magistrate before whom the defendant 
is brought, as provided in the last two sections, must 
immediately, associate with himself, another justice of the 
peace or police justice in the same county or citjr ; and 
the two magistrates, thus associated, must inquire into 
the charge, and must examine on oath, the woman who 
is the mother of or pregnant with the bastard in the 
presence of the defendant, in respect to the charge, and 
hear any testimony which may be offered in relation 
thereto. 



a 849-8151. ADJOURNMENT. 220 

$ 849. A^nnunent of examination. Seeozlty 
from defendant. — The magistrates may, on the applica- 
tion of the defendant^ for gSod cause, acyoom the ezami- 
nation, not exceeding' thirty days, upon the defendant 
giving an imdertaking, with two sufficient sureties, to the 
effect that he will appear before the magistrates at the 
time appointed, or that the sureties win pay the sum 
mentioned therein, which must be fixed by the magis- 
trates, and which must be a full indemnity for the 
expense of sup^rting the bastard and its mother, aa 
provided in section 851. 

Departing without leave, after appearance, forfeits bond. 
Feo.v. Jayne, 27 Barb., 68. 

{ 860. Deteraiination of the case, and order of the 
magistrates. — Upon the hearing, the magisti'ates must 
determine who is the father of the bas&rd, and must 
proceed as follows : 

1. If they determine that the defendant is not the 
father of the bastard, he must be forthwith discharged ; 

2. If they determine that he is the father, they must 
make an oraer of filiation, specifying therein the sum to 
be paid weekly or otherwise, by the defendant for the 
support of the bastard ; and if the mother be indigent, 
the sum to be paid by the defendant for her support, 
during her confinement and recovery ; 

3. They must certify the reasonable costs of arresting 
the defendant, and of the order of filiation ; 

'4. They must reduce their proceedings to writing, and 
subscribe them. 

Sub . I . Adjudication in fSftvor of defBndimt is a bar. Thayer 
V. Overseers, etc. , 6 Hill,44S. See Peo. ex rel. Dumont v. Tomp* 
kins, G. Sess., 19 Wend., 154. Sab. 3. See Dunbam v. MoneU, 
H. &D.,377. 



$ 861. Defendant to pay the costs, and give mider- 
taking for support, or for appearance at sessions^ — If 
the defendant be adjudged to be the father, he must 
immediately pay the amount certified for the costs of the 
arrest and of the order of filiation, and enter into an 
undertaking, with sufficient sureties approved by the 
magistrates, to the effect, 

1. That he will pay weekly or otherwise, as may have 



391 SUPPORT. APPEAL. Si85:i(-854. 

been ordered, the sum directed for the support of the 
child, and of the mother during her confinement and 
reooveiyy or which may be ordered by the court of sea- 
flioQB of the county; and that he wUl indemnify the 
county, and town or city, where the ba8tai*d was or may 
be bom (as the case may be), and every other county, 
town or city, which may have been or may be put to 
expense for the support of the bastard, or c^ its mother 
durii^ her confinement and recoveiy, against those 
expenses, or that the sureties ¥rill do so, not exceedinijf 
the sum mentioned in the undertaking, and which must 
be fixed by the magistrates ; or, 

2. That he will appear at the next court of sessions 
of the county, to answer the charge and obey its order 
thereon, or that the sureties will pay a sum equal to & 
full indemnity for supporting the bastard and its mother, 
as provided in the'fiirst subdivision of section 844. 

Sab.l. See Peo. v. Meighan, 1 Hill, 298. Snb. 8. Peo. v. 
Greene, 5 Hill. 647: Peo. v. Tilton, 13 Wend., 297. Bond in botb 
eonditionsToia. HoairlaDdv. Htta8on,8How.Pr.,3i8. See Peo. 
V. Mitchell, 4 Sand., 466. 

$ 862. On giving tmdertaldng, defendant to be dia- 
oliargedi otherwise, to be committed. — Upon a com- 
pliance with the provisions of the last section, the mag- 
istrates must discharge the defendant ; but otherwise, 
they or either of them must, by warrant, conmiit him to 
the county Jail, or in the city of New York, to the city 
piison of that city, until he be discharged by the court 
of sessions of the cotinty, or deliver an undertaking, as 
prescribed by the last section. 

Coats must be paid in addition to giving undertaking. Peo. 
V. StoweU, 2 Den., 187. 

$ 853. Commitment of defendant, during ezamin* 
ation. — Dunng the examination, and until the defendant 
is discharged by the magistrate, he must remain in 
custody of the officer who arrested him, unless an 
undertaking have been g^ven for his appearance, as 
provided in sections 844 and 849 ; and when committed 
to prison, he must be actually confined therein. 

$ 864. ProoeedingB when seoorltyis given by defen- 
dMit on nreit out w the county* — ^when security taken 



^855-«67. EXAMINATION. .DISCLOSURES. aSt 

oat of the oonnty, for the appeanuiee of the defendant 
at the court of aesmoDfl, aa provided in sectioa B4i, is 
returned to the magistrate who issued the warranty 
he must associate with himself another magistrate of 
the same county, and the magistrates thus associated 
must proceed as provided in sections 848 to 850, both 
inclosive. 



§ 866a ^ ■Mwiinati/wt In Biieli oiM^ and ovdar 
ODm — ^The examination may be had, and the order of 
filiation made, in the absence of the defendant, unleash 
before the order is made, he require of the maffistittte 
issuing the warrant, that the examination be had in his 
presence, in which case the examination must be had, 
SB if the defendant had originally appeared. 

$ 856. Magffitarateg may compel mother to dlwcloiie 
the &ther of the bastard. FroceedingB, if she refuse. — 
In making an examination authorized by this chapter, 
the magistrate issuing ther warrant, or the magistrates 
making the examination, may compel the motiier of a 
bastard, chargeable to a county, city or town, or a woman 
pregnant of a child likely to be bom such, to disclose the 
name of the father of the bastard ; or if she refuse to 
do so, may, by a warrant setting forth the cause thereof, 
at the expiration of one month from her delivery, if 
sufficiently recovered, commit her to the county jail, or 
in the city of New York, to the aij prison of tnat city, 
until she disclose the name of the lather. 

Mother of bastard who is married, is tneompetent to prove 
liasband's non-aoceas. Peo. v. Overseers, 15 Barb., 286. Cazuiot 
forcibly examine mother to establish pregnancy. Peo. v. MoCoy. 
45 How. Pr., 216. 

$ 867. ff mother posMss property, she may be otw 
dered to support the child. — ^If the mother of a bastard, 
chargeable or likely to become chargeable, as provided 
in section 840, be possessed of property in her own right, 
any two magistrates of the county or city where she is, 
on the apphcation of any of the officers mentioned in 
that section, must examme into the matter, and may 
make an order charging the mother with the payment of 
money weekly, or ouie^nse, for the support of ih» bas- 
tard. 



»S ORDER AGAINST MOTHER. {(868-860. 

$ 868. If she do not oompl j. she rnuBt be oommit- 
ted, or discharged on undertaking. — It, after ^rvice of 
the order upon the mother, she do not eomply therewith, 
she most be committed to the county jail, or in the city 
of New York, to the city prison of thebt city, until she 
comply, or enter into an undertiJcing, with sufficient 
sureties approved by the magistrates, to the effect that 
ahe ^dll appear at the next court of sessions of the 
ooontjr, to answer the matters stated in the order, and 
obey its order thereon, or that the sureties will pay the 
sum mentioned in the undertaking, and which must be 
fixed by the magistrates. 



$ 859. BCagifltrates may rednoe amount directed to 
be paid by the father or mother. Ooort of sessions 
may reduce or increase it. — ^The magistrates, who may 
have made an order against the father or mother of a 
bastard, as provided in sections 850 and 857, may, from 
time to time, for good cause, reduce the amoimt therein 
directed to be paid, and upon the application of any of 
the officers mentioned in section 840, the court of ses- 
sions of the county, upon ten days' notice to those offi- 
cers, or to the faEttner and mother of the bastard, may 
reduce or increase the amount so directed to be paid. 

S 860. Proceedinga against absconding father or 
mother. — If the father or mother of a bastard, or of a 
child likely to be bom such, abscond, from their place of 
residence, leaving tiie bastard chargeable or lULely to 
become chargeable to the public, a superintendent of 
the poor of the county, or an overseer of the poor or 
other officer of the alms-house of the town or city where 
the bastard was bom, or is likely to be bom, may apply 
to any two magistrates of the city or county where any 
property, real or personal, of the father or mother may 
be, for authority to take the same. Upon due pi*oof of 
the facts on oath, to the satisfaction of the magistrates, 
they must issue their warrant, and proceed thereon, in 
the manner provided in title VIII, of this pai-t, in rela- 
tion to persons absconding and leaving their children 
chargeable to the public. ■ 



^ I 



} 861. APPEALS IN BASTARDY. 23i 



CHAPTER, H 

▲PFBALS FROM THH OBDBRS OF UAOISTRATBSy BBSFBGTIKa 

BA8TABD8. 

8bo. 861. Who may appeal, and in what cases. 
802. Appeal, how taken. 

863. Papers to be transmitted by magistrates, to ooort of 

sessions 

864. Court to hear the case. Evidence on hearingr- 

865. Court may affirm, vacate or modify the order, or ad- 

ioam the hearing till the bastard be bom 

866. IT woman be not pregnant, or be married before her 

delivery, or the ohUd be not bom alive, defendant 
to be discharged. 

867. Order of the court, on affirmance. 

868. Commitment of detendant, if he fiul to give under- 

taking. 
860. Undertaking for appearance on appeal, when for- 
felted. 

870. When mother bound to appear at the sewions, court 

to proceed as upon an appeal. 

871. When the court may make an order against the 

mother, for the support of the bastard 
878. Proceedings against the mother, on affirmance or 

modification of the order of the magistrates. 
873, 874. Costs on appeal, when awarded and how paid. 
87fi. When order of filiation vacated, except on the merits, 

court may make a new order of nliation, or bind 

the defendant to appear. 

876. If order of filiation be vacated, except on the merits, 

magistrates may proceed anew. 

877. Court to inquire into circumstances of fiitber or 

mother, committed for not giving undertaking to 
support the bastard. 

878. Father or mother unable to support the bastard, may 

be discharged. 

879. Notice, before discharge, and examination of the 

matter. 

880. Party cannot be discharged, but by the court 



} 861. Who may appeal, and in what caves. — A 

person deeming himself aggrieved by the order of two 
magistrates, ma4e porsaant to the last chapter, may 
ap^al therefrom to the next court of sesedons of the 
county; except that a person who has executed an 
undertaking to obey an oraer of filiation, and indemnify 
the public, as provided in section 851, cannot appeal 
from any other part of the order mentioned in section 
850, than that which fixes the weekly or other allowance 
to be paid. 



225 AFTER APPEAL. §} 862-865. 

$852. Appeal, how takmi. — When the father or 
mother of the bastard has entered into an andeiiakin^ 
for appearance at the next court of sessions of the county , 
as p^vided in sections 851 and 858, it is an appeal from 
the oi*der of filiation or maintenance ; and no other notice 
thereof is necessary. In any other case, the appeal is 
taken, by a written notice of at least ten days before the 
court, to the ma^fistrates who made the order, and to the 
party affected thereby, or to the officer at whose instance 
it was obtained. 



$ 863. Papers to be traiutmitted by magistrates, 
to court of seasionB. — The magistrates receiving an 
undertaking for appearance at the court of sessions, 
must transmit it to the court, before its opening, with a 
certified copy of the order appealed from. 



$ 864. Ooort to hear the case. Bvidence on hear- 
ing. — The court must immediately, or at an^ other time 
it may appoint, proceed to hear the allegations and 
proofe of tiie parties ; and the party in whose favor the 
order was made, must support it by evidence. If the 
mother of the bastard be dead or insane, her testimony 
on the examination before the magistrates is receivable 
in evidence. 

Stowell v. Overseers, etc., 5 Denio, 698 ; Boy v, Targee, 7 
Wend, 358. 



$ 865. Oomrt may affirm, vacate or modify the order 
or adjourn the hearing till the bastard be bom. — The 

court may affirm or vacate an order of filiation or main- 
tenance, or may reduce or increase the sum ordered to 
be paid for the support of the bastard or its mother ; 
and, disregarding defects in form iii the order, must 
amend it according to the fact. If, when the appeal is 
heard, the bastai^ be not bom, the court may adjourn 
the hearing, until it be bom, and in that case, must take 
an underUiking from the partv appealing, for his 
appearance, in such sum and with such sureties as the 
court may deem sufficient. 

Attorney cannot be surety. Bole 5, Sup. Ct. 
15 



fS 866-869. PROCEEDINOS ON AFFIRMANCE. 226 

{866. In what cases defendant to be diachaiiged. 

— If tlie wonum alleged to be pregtiant^be not bo, or be 
married before her delivery, or the child be not bom 
alive, the defendant must be discharged from cnstody, 
or from the obligation of his nndertaking, either by the 
court or magistrates, upon that fact being made to 
api)ear. 

$867. Order of the oonrt, on affirmance^ — H 

npon the hearing of the appeal, the court of sessions 
amrm an order of filiation or maintenance, it must 
require the defendant to enter into an undertaking, with 
sumcient sureties, approved by the court, to the eflfect 
that he will pay, weeldy or otherwise, according to the 
order as made by the magistrate^ or modified by the 
court, the sum directed for the support of the bastard, 
and of the mother during her confinement and recovery ; 
and that he will indemnify the county, and town or city 
where the bastard was or may be bom (as the case may 
be), and every other county, town or city, which may 
have been put to expense for the support of the child, or 
of its mother during her confinement and recovery, 
against those expenses, or that the sureties will do so, 
not exceeding the siun mentioned in the undertakiDg, 
aod which must be fixed by the court 

}868. Commitment of defendant, if hefeil to 
give undertaking. — If, on judgment of affirmance, the 
defendant do not enter into an undertaking, as provided 
in the last section, he must be committed to the county 
jail, or in the city of New York, to the city prison of 
that city, until he do s6, or be discharged by the court 

6 869. Undertaking lor appearance on appeal, 
"when forfeited.—^ The undertaking for the appearance 
of the defendant, at the court of se»nons, upon an appeal, 
is forfeited, by his neglect to appear, or to give the 
undertaking mentioned in the last two sections, imless 
he be discharged by the court. 

Departing withoat leave after appearance forflaits bond. 
Peo. V. Jayne, 27 Barb., 68. 

• So in the original. 



227 ORDER AGAINST MOTHER. §§ 87(>-87a. 

$870. When motlier bound to appear at the 
sesaionB, court to proceed ae upon an appeaL — 

'When the mother of a bastai'd is bound to appear at the 
court of sessions, or is committed as provided in section 
^58, the court must proceed in respect to the matter, in 
the same manner as upon an appeaL 



§ 871. When the court may make an order against 
the mother, for the sup^rt of the hastard. — If the 

court be satisfied that the mother has pix)perty in her 
own right, sufficient to enable her to support the bas- 
tard or contribute to its support, it must confiim the 
order mentioned in section 857, or may vaiy the sum 
ordered to be paid weekly or otherwise ; or if not, it 
must discharge her from custody or from the obligation 
of her undertoking. 

§ 872. ProceedingB against the mother, on affirmance 
or modification ot such order. — If the court affii^m or 
modify the order, as provided in the last section, it must 
remiire the defendant to enter into an undertaking; with 
ftumcient sureties approved by the court, to the efTect 
that she will pay, weekly or otherwise, according to the 
order, as made by the magistrates or modified by the 
court, the sum directed for the support of the bastard, 
or that the sureties will do bo, not exceeding the sum 
mentioned in the undertakiiig, and which must be fixed 
by the court. If the underti£dng be not given she must 
te committed in the manner provided in section 868. 



I 873. Costs on appeal, when awarded and how 
paid. — The coiu't must award costs to the party in 
whose favor an appeal is determined. When awarded 
against county superintendents or overseera of the poor 
of a town, not liable for the support of its own poor, 
they must be paid by the ijounty treasurer, on delivering 
to nim a certified copy of the order and ot the taxed 
costs, and must be charged by him to the town in the 
eame county, liable to support the bastard, or if there 
be none, to the county. In the city of New York, when 
costs are awarded upon an appeal, to the person charged 



K 874-877. 006TB. ORDERS. 828 

as the father or mother of the bastard, ihey must;, upon 
the production of mmilar vouchers, be "paid by the comp- 
troller of that aty, and chugged to the appropriation 
made to the commifwoners of charities and oonectioDS 
thereof! 



{ 874. Id. — In other cases, the payment of the costs 
may be enforced by the court, as m a civil acti<m. If 
the party against wnom they are awarded, re^de out of 
the luriadiction of the court, an action may be brought 
on the order, by the party entitled to the co6ts, in whicb 
the production of a certified copy of the order and of the 
taxed costs, is conduave evidence. 



€ 875. Wben court may make a new order of fili- 
ation, or bind the defendant to appear. — If ihe 

court vacate an oi*der of filiation, for any other cause 
than upon the merits, it must proceed, and may make an 
original order of filiation, in the manner prescribeti in 
the second subdivision of section 850, or bind the person 
chai^d, in an undertaking, in a sum and with sureties 
approved by the court, to appear at the next court of 
sessions. 



{ 876. If order of filiation be yacated, except on 
the mexita^ magiatratea may proceed anew. — If the 

order be vacated for any other cause than on the merits, 
and the person charged be bound as provided in the last 
section, the same proceedings may be bad by the mag- 
istrate, for the apprehension of the defendant, and for 
making an order of filiation, and for the commitment of 
the defendant for not giving an undertaking, as are au- 
thorized in the first instance. And the same proceed- 
ings must be subsequently had, in all respects. 



§ 877. Court to inquire into circumstanoes of fether 
or mother, committed for not giving undertaking. — 
"When a person is committed to prison, charged as the 
father of a bastard, or of a child likely to be bom a 
bastard, and when the mother of a bastard is so com* 



229 INABILITY TO SUPPORT. $$ 878-«81. 

mittedy for not giving an undertaking to support the 
"bastardy or to indemnify the public, the court must in- 
quire, from time to time, into the circumstances and 
Ability of the father or mother, to support the bastiurd 
and to procure security therefor. 

§ 878. Father or mother unable to support the bas- 
tard, may be discharged. — If the court be at any time 
satimed that the father or mother is wholly unable to 
support the bastard, or to contribute to its support, or to 
procure security therefor, it may, in its discretion, order 
the fikther or mother to be discharged from imprisonment. 

$ 879. Notice before diaoharge. — Before granting 
the order, the court must be satisfied that reasonable 
notice has been ^ven to the overseers of the poor, or to 
the county superintendents, or chief officers of the alms- 
house, at whose instance the party was committed, of the 
intention to apply for a discharge, and must hear the 
allegations and proofs of the superintendents, overseers 
or officers, and ma^ examine the party applying on oath 
respectmg the subject of the apphcation. 

§ 880. Party cannot be discharged, but by the oourt. 
— A person committed, as provided in section 877, can- 
nol be discharged from imprisonment^ except by the 
court of aessions of the county. 

CHAPTER in. 

ISNFOBCBMBNT OF THB UlTDBBTAKIKO FOB THB SUPPORT OF 
THB BASTABD OB ITS MOTHER, OB FOB AFPBABANCB ON 
APFBiL. 

8bo. SSL Court to order prosecution of nndertaking, when for- 
feited. By wnom proaeonted. 

882. In whose name undcrtaldne to be prosecuted. 

883. Evidence in the action, ana measnre of damages. v 

884. For a subseqaent breach of the undertaking, new ao- *■ 

tion may be brought. 

886. Costs, how recovered, when awarded against the 
plaintiff. 

886. Action may be maintained on the order of the magis- 
trates or court. 

§ 881. Oonrt to order prosecution of undestaldiig, 
-waflu Icucfeited. By whom prosecuted. — If an under- 



{{ 8»-«83. FROSBCDTINa UNBEaEtTAKING. «> 

fakioi: fin* the appearance at the oonrt of aesaxma, of a 
persoQ chaiged as the lather or mother of a bastaxd, be 
tnrfeited, the court may order it to be proeecated; and 
the som mentioned theran may be recovered, and when 
collected, most, except in the dty of New York, be paid 
to the ooonty treasurer, and by him credited to the town 
in the same coonty, liable to the support of the bastard, 
or if there be none, to the ooonty. In the city of New 
Toik, the coort must order the undertaking to be prose* 
cnted by the commiaeaoners of charities and correctitRia, 
and when collected, it most be paid into the city treasury. 
In every other county, it must be prosecuted by the dm* 
tiict attorney. 

{ 882. In whose nama nndertakhis to be proae- 
cnted. — When an undertahinfi;' to obey an order, in r^&> 
tion to the support of a bastaro, or of a child likely to be 
bom a basUrd, or of its mother, is forfeited, it mi^ be 
prosecuted in the name of the county superintendents 
of the county, or the overseers of the poor of the town, 
which was liable for the support of the bastard, or which 
may have incurred any expense in the support of the 
bastard, or of its mother, during- her confinement and 
recovery ; or in the city of New York, in the name of the 
oorporaticHi of that city. * 

Order of filiation eonclusive^nlees appealed lh>m. Walls- 
worth V. Mead, 9 Johns., 867 ; JPeo. «. Befyea, lb., 195 ; Bock- 
iSeller v. Donnelly, 8 Cow., 623. 

§ 883. evidence In the action, and measnxe of 
damagea — In the action mentioned in the last section, 
it is not necessary to prove the actual payment of money 
by a county superintendent, overseer of the poor, officer 
of an alms-house, or other person; but the neglect to 
pay a sum ordered to be paid by competent authority, 
for the support of the bastard, or of its mother, is & 
breach of the undertaking, and the measure of the dam- 
ages is the sum ordei'ed to be 'paXd, and which was 
withheld at the time of the commencement of the action* 
with interest thereon. 

Peo. ». Corbett, 8 Wend., 820: Bookfisllerv. Donnelly, 6 Gow.» 
vw. Money may be recovered back if mother not pregnant. 
Hheel v. Hicks, & N. Y., 289. 



331 ACTIONS. COSTS. §$884^886. 

} 884. When new action may be brought. — For a 

breach of the undei'takiug, after the recovery of damages 
or the commencement of an action, another action may, 
in the same manner, be bi'X)ught. The mone^ collected 
upon the undertaking must be paid, and credited, in the 
manner provided in section 881. 



§ 885. Co8ta» how recovered, when awarded 
against the plaintiff — If, in' the action, costs be 
awarded against the plaintiffs, they may be recoyered, 
ae follows : 

1. If against the corporation of the city of New York, 
in the same manner as in any other action ; 

2. If against county superintendents or overseers of 
the ]poor, they must, upon the delivery of a transcript of 
the judgment, be paid by the county treasurer, and by 
him chai^d to the town in the same county, liable for 
the support of the bastard, or if there be none, to the 
county. 

Taxable costs are to be allowed. Ontario Co. v. Moore, 12 
Wend., 278. 

• 

$ 886. Aoflon may be maintained on the order. — An 

action mi^ be maintained by*the parties authorized by 
section 882^ upon an order made by two magistrates, or 
by a court of sessiona, for the payment of a sum weekly 
or otherwise, for the support of the bastard or its 
mother, notwithstanding an undertaking may have 
been given to comply with the order ; and in case of 
the death of the person against whom the order was 
made, an action may be maintained thereon against 
his executors or administrators. But when an under- 
taking is given to appear at the next court of sessions, 
no action can be brought on the order until it is afSrmed 
by the court 



f 887. YAGRANIS. 233 



TTELB VL 



SBBl Proceeiiiiigt befine magirtntfe. 

09. Child, bow kepi. 

88i. Peafie ofieen, when required by any penoa, to eurrf 

ragnaal beibre a magirtntfe for examination. 
an. Yacrantfe when to be eonvii^ecL Fonnofcertiilcate 

m conviction, 
flii. Ctertilleate to oonstitate record of conviction, and to 

be IDed. Commiunent of vamnt. 
AHl ChiUien begging, how dispoeed of. 
9H. Peace officers to arrest and porsae a person dlsguiaed, 

and take him before a magistrate. 
ML PriTafie citizen mav do so, without warrant. 
8B6L Peaoe officer may require aid. I>aty of pexsona ze- 

qoiredtoaid liim. 
8B7. K^ect or refusal to aid peace officer, witbont lawAil 

cause, a misdemeanor. Punidiment. 
80B. Magistrate may depute an elector of the county to 

make arrest of person disgnided. If his name be 

not known, lictiuouB name may be used. 

{ 887. Who are wagrant&^The foUowing persons 
are vagrants : ^ 

1. A person who, not having viable means to maintain 
himself, lives without employment ; 

2. A person who, being an habitual drunkard, aban- 
dons, neglects, or refuses to aid in the support of his 
family; 

3. A person who has contracted an infections or other 
disease, in the practice of drunkenness or debauchery, 
i-eqoiring charitable aid to restore him to health ; 

4. A common prostitute, who has no lawful employ- 
mont, whereby to maintain herself ; 

5. A pei'son wandering abroad and begging, or who 
goes about from door to door, or places himself in the 
straets, highways, passages, or other public places, to 
beg or receive aims ; 

0. A person wandering abroad and lodging in taverns, 
groceries, ale-houses, watch or station-houses, out-houses, 
market places, sheds, stables, bams or uninhabited 
buildings, or in the open air, and not giving a good 
account of himself; 

7. A person, who, having his face painted, discolored. 



aSB VAGRANT CHILDRSN. §} 888-^89. 

covered or concealed, or being otherwise disguised, in a 
manner calculated to prevent his being identified, ap- 
X)ears in a road or public highway, or in a field, lot, wood 
ormclosnre. 

8. Any child between the age of five and fourteent 
liaving sufficient bodilv health and mental capacity to 
attenof the public schools, found wandering in the streets 
or lanes of any city or incorporated village, a truant, 
-without any lawful occupation. 

Sub. 4. Matter of Forbes, 19 How. Pr., 457. 

$ 888. Proceedings before magietrate.— When com- 
plaint 18 made to any magistrate by any citizen or peace 
officer against any vagrant under subdivision 8 of the 
last section, such magistrate must cause a peace officer 
to bring such child before him for ezammation, and 
shall also cause the parent, guai*diaii or master of such 
child, if the child has any, to be summoned to attend 
such examination. 

If, thereon, the complaint shall be satisfactorily estab- 
lished, the magistrate must require the parent, guardian 
or master to enter into an engagement in writing to 
the corporate authorities of the city or village, that he 
will restrain such child from so wandering about, will 
keep him in his own premises or in some lawful occu- 
pation, and will cause him to be sent to some school, at 
least four months in each year, until he become fourteen 
years old. 

The mas^trate may, in his discretion, require security 
for the faithful perfoiinance of such engagement. 

If the child has no x>arent, guardian or master, or none 
can be found, or if the parent, guardian or master refuse 
or neglect, within a reasonable time, to enter into such 
engagement, and to give such security if required, the 
magistrate shall by warrant commit the child to such 
place as shall be provided for bis reception. If no such 
place for lus reception has been provided, he shall com- 
mit him to the alms-house of the county. 

{ 889. GhildhowkepL — ^Every child received pursu- 
ant to the last section, shall be kept until discharged by 
the overseers of the i)Oor or the commissioners of the 



H 890-«92. ARREST AND CONVICTION. 234 

alms-house of the city or yilla^pey and may be bound out 
as an apprentice b^ them, or either of them, with ibe 
consent of any magistrate, or any of the aldermen of the 
city, or any trustee of an incorporated village where he 
may be, in the same manner, for the same periods and 
subject to the same provisions in all respects as directed 
in respect to parents whose children have become chaige- 
able on any town. 

§ 890. Peace officers, 'vrhen to arrest. — A peace offi- 
cer musty when required by any peraon, take a vagrant 
before a justice of the peace or police justice of the same 
city, village or town, or before the mayor, recorder, or 
city judge, or judge of the general sessions of the same 
dtyy for the purpose of examination. 

See Peo. ex rel. Kingsley v. Pratt, 22 Han, 800. 



§ 891 Vagrant, "when to be convicted. Form of 
certificate of conviction. — If the magistrate be satis- 
fied, from the confession of the person so brought before 
him, or by competent testimony, that he is a vagrant, he 
must convict him, and must make and Edgn, with his 
name of office, a certificate in substantially the following 
form: 

" I certify that A. B., having been brought before me, 
charged with being a vagi^ant, I have dalj examine the 
charge, and that upon his own confession m my presence, 
[or *upon the testimony of C. D.,* etc., naming the wit- 
nesses], by which it apx)ears that he is a person [pursu- 
ing the description contained in the subdivision of section 
887, which is appropriate to the case], I have adjuged 
that he is a vagrant. 

** Dated at the town [or city] of , the day of 

,18 . 

"E. F., 
''Justice of the peace of the town 
of ," [or as the case may be.] 
What is a confession. Brown v. Peo. , 4 Barb. , ltt4. 



$ 892. Certificate to be filed. Commitment of 
vagrants. — ^The ma^fistrate must immediately cause the 



235 COMMITMENT. CHILDREN. §} 898-696. 

certificate, which confititutes the record of conyictioii» tc> 
be filed in the office of the clerk of the county, and mnst 
l>y a warrant, signed by him with his name of ofilce, 
commit the vagrant, if not a notorioos offender, and a 
proper object for such relief, to the county poor-houae if 
there be one, or to the alms-house or poor-house of the 
dty, village or town, for not exceeding six months, at 
hard labor, or if the vagrant be an improper person to 
be 80 committed, he must be committed for a uke term, 
to the county jail, or in the city of New York, to the city 
prison or penitentiary of said city, or in the county of 
Kings to the penitentiary of that county. 
In re John Wacher,e2 How. P. S., 8S2; Feo. v. Coffee,e2id., i49» 

} 893. Children begging; how disposed of. — If Sr 

child be found begging for alms, or soliciting charity^ 
from door to door, or in a street, highway, or public plaofr 
in a city, village or town, a justice of the peace or police 
•justice, on complaint and proof thereof, must commit the 
child to the county poor-house or other place provided 
for the support of the poor, to be kept, employed and in- 
structed in useful labor, until discharged by the county 
superintendents of the poor, or in the city of New York, 
by the commissioners of charities and corrections, or 
bound out as an apprentice by them, as prescribed by 
special statutes. 



$ 894. Peace l>fficen to arrest and pursue a person 
disguised. — It is the duty of every peace officer of the 
county, city, village or town, where a person described 
in the seventh suhdivision of section 887 is found, to arrest 
and take him before a magistrate mentioned in section 
888y to be proceeded against as a vagrant. 

§ 896. Private citizen may do so without wamnL 
— A private citizen of the county may also, without war- 
rant, exercise the powers conferred upon a peace officer 
by the last section. 



§ 896. Peace officer may require aid. — In the execu- 
tion of the duties imposed by section 894, the peace offi- 
cer may command the aid of as many male inhabitants 



$f897-8d8. AID. ARREST. 236 

of his ooonty, city» village or towiif as he may think 
pniper ; and a dUzea so commanded, may provide him- 
f^lior be provided, with such means and weapons as the 
officer givmg the command may designate. 



$ 897. Neglect to aid peace offioer a misdemeanor. 
Pmiishment. — A person commanded to aid the officer, 
as prescribed in the last section, and who without law- 
ful cause refuses or neglects to do so, is gnQty of a 
misdemeanor, and is punishable by a fine not exceeding 
two hundred and fifty dollarE^ or by imprisonment not 
exceeding one year, or both. 



$ 898. BSagistrate may depute an elector of the 
county to inake arrest. If his name be not known, 
fictitious name may be used. — A magistrate to whom 
complaint is made against a person char^^d as a 
vagrant^ as described in the seventh subdivision of 
section 887, may, by a warrant, signed by him with his 
name of office, depute an elector of the county to aiTest 
and bring the vagrant before him, to answer the com- 
plaint ; and if the name of the person complained of be 
not known, he may be describea in the warrant and in 
ail Bubsequent proceedings thereon, by a fictitious name. 



TITLE VII. 

Cf Proceedings Respecti'og Disorderly Persona* 

Sbg. 899. Who are disorderly persons. 

900. On complaint, warrant to bo issued. 

901. On conlebsioii or proof that he id a disorderly person, 

security to be required. 
903. Ifsecority given, defendant to be discharged. If not, 

to be convicted. Form of certificate. 
903. Certificate, to constitute record of conviction, and to 

be filed. Commitment thereon. 
90i. Undertaking, when forfeited. 
!S* Sr^^ prosecuted, and proceeds how applied. 
900. When new security may be required; or defendant 

oommitted after recovery on undertaking. 



237 DISORDERLY PERSONS. $§ 899-900. 

Sack 907. Deftndant committed Ibr not giving security, lio^ 
di8Cliar|red. 
808. Keeper of prison, to return list of disorderly persons 
committed to court of sessions. 

909. Examination of the case by the court. 

910. Court may discharge, or authorize the binding out of 

disorderly person. 

911. Court may also commit him to prison. Nature and 

dnraiion of imprisonment. 

912. Order to pt-ocure materials and implements, and to 

compel him to work. 

913. Bxpense of materials or implements^ how paid tor, 

and proceeds of labor, how disposed of. 

{ 899. Who are disorderly persoiub— The follow- 
ing are disorderly pei-sons : 

1. Persons who actually abandon their wives or 
children, without adequate support, or leave them in 
danger of becoming a burden upon the public, or wha 
neglect to provide for them according to their means ; 

2. Persons who threaten to run away, and leave their 
wives or childi*en a burden upon the public ; 

3. Persons pretending to tell fortmies, or where lost 
or stolen goods may be found ; 

4. Keepers of bawdy houses or houses for the resort 
of prostitutes, drunkards, tipplers, gamesters, habitual 
criminals, or other disorderly persons ; 

5. Persons who have no visible pi-ofession or calling, 
by which to maintain themselves, but who do so, for the 
moBt part, by gaming ; 

6. Jugglers, common showmen and mountebanks, wha 
exhibit or perform for profit puppet shows, wii^e or rope 
dancers, or other idle shows, acts or feats ; 

7. Persons who keep, in a public highway or place, an 
apparatus or device for the purpose of gaming, or who- 
go about exhibiting tricks or gaming, therewith ; 

8. Persons who play, in a public highway or place, 
with cards, dice or any other apparatus or device for 

gaming; 

9. Habitual criminals within the providons of this 
Ckxle. 

§ 900. Ob complaint, warrant to be issued. — Upon 
complaint on oath, to a justice of the peace or police 
justice of a city, village or town, or to the mayor, 
recorder, city judge or judge of the general sesaons of a. 
city, against a person, as being disorderly, the magis- 



^901<902. SECURITY. FORM. 238 

tntte muMt issue a warrant, ogned by him, wiUi hia name 
of office, requiring a peace officer to arrest the defendant* 
And bring him before the magistrate for examination. 

§ 901. On confession or proof that he Is a disorderly 
person, security to be required. — If the magistrate be 
satisfied, from the confession of the defendant, or hy 
competent testimony, that he is a disorderly x)erson, he 
may require that the person charged g^ve security, by a 
-wiitten undertaking, with one or more sureties approved 
l>y the magistrate, to the followinfif effect : 

1. If he be a person described in the first or second 
subdivision of section 899, that he will support his wife 
and children, and will indemnify the county, city, village 
or town, against their becoming, within one year, charge- 
Able upon the public ; 

2. In all other cases, that he will be of good behavior 
for the space of one year ; 

Or that the sureties will pay the sum mentioned in the 
undertaking, and which must be fixed by the magis- 
trate. 

Not entitled to Jary trial. Duffy v. Peo., 1 Hill, 866, id. ; 6 id., 
75. See Bennac v. Peo., 4 Barb., 164 ; 28 Wend., 4& 

$ 902. If security given, defendant to be dl«- 
•oharged. If not, to be convicted. Tana of oertifi- 

oate. — If the undertaking be g^ven, the defendant 
must be discharged. But if not, the magistrate must 
-convict him as a disorderly person, and muBi make and 
sign vnth his name of ofiice, a certificate in substantially 
the following foi*m : 

" I certify, that A. B., having been brought before me 
charged with being a disorderly person, I have duly ex- 
amined the charge, and that upon Ins own confession in 
my presence, [or 'upon the testimony of C. D.,* etc, 
naming the witnesses], by which it appears that he is a 
[pursuii^ the description contained in the subdivision of 
section 899, which is appropriate to the case], I have 
adjudged that he is a disorderly person. 

•• Dated at the Urwn [or « city T of , the 

^y of , 18 . 

" K. P., ' - 

Justice of the peace of the town 
of ," [or as the case may be]. 



239 CERTIFICATE. UNDERTAKING. {$ 903-907. 

$ 903. Certifioate^ to oonstitate record of convio- 
tioa, and to be filed. Commitment thereon. — The 

magistrate must immediately cause the certificate, which 
constitutes the record of conviction, to be filed in the 
office of the clerk of the county, and must, by a warrant 
signed by hira, with his name of office, commit the de- 
fendant to the county jail, or in the city of New Tork to 
the city prison or penitentiary of that city, or in the 
county of Kings to the penitentiajy of that county, for 
not exceeding six months at hard labor, or until he give 
the security prescribed in section 901. • 

In re John WMJher 62 How. P. R., 352; Peo. v. Coffee, id., 445. 
Foi-m. 2 Edm. S. C, 381. 

$ 904. Undertaking; when forfeited. — The under- 
taking mentioned in section 901 is forfeited, by the com- 
mission of any of the acts which constitute the person by 
whom it was given a disorderly person, and in the case 
of a person described in the seventh and eighth subdi- 
visions of section 899, by his playing or betting, at one 
time or sitting, for money or property exceeding the 
value of two dollars and fifty cents. 

§ 905. How prosecnted, and proceeds how ap- 
plied. — When an undertaking is forfeited, it may be 
prosecuted in the name of the county superintendents of 
the poor, or the overseers of the poor of the town, or in 
the city of New York, in the name of the corporation of 
that city, and the sum collected in the action must be 
paid int<: the county or city treasury, as the case may 
be, for the benefit of the poor. 

It is no defense to the action that there has heen no expense 
inoarred. Peo. v. Petit, 8 Hon, 410. 

{ 906. 'When new secnrity may be required, or 
defendant committed — Upon a recovery on the under- 
taking, the court in which it is had may require from the 
defendant new security, in the manner provided in sec- 
tion 901, or if he fail to give it, may commit him in the 
manner provided in section 903. 

§ 907. Defendant how discharged. — A i)erson com- 
mitted as a disorderly person, on failure to give security, 
may be discharged by any two justices of the peace op 



§$ 908-911. EXAMINATION AFTER RETURN. 240 

police justices, or the connty judge of the county, upon 
giving security, as originaJly i-equired, pursuant to sec- 
tion 901. [Am'd ch. 894 of 1884.] 

{ 908. Keeper of prison, to return list of disorderly 
persons. — The keeper of eveiy prison to which disoi^ 
derly pei*sons mav be committed, must retui*n to the 
coui*t of sessions oi the county, on the first day of ea<:h 
tei*m, a list of the persons so committed and then in hia 
custpdy, with the nature of the offense of each, the name 
of the magistrate by whom he was committed, and the 
tenx^ of his imprisonment. 



$ 909. Examination of the case by the comt. — The 

court of sessions must thereupon inquire into the circum- 
stances of each case, and hear any proof that may be 
offered, and must examine the record of conviction, 
which is evidence of the facts contained in it, until dis- 
proved. 

§ 910. Court may discharge, or authorize the 
binding out of disorderly person. — ^The court may 
dischai*£fe a person so committed from imprisonment 
either absolutely or upon his giving security as provided 
in section 901, or if he be a minor, may authorize the 
county supenntendents of the poor, or the overseers of 
the poor of the town, or in the city of New York, commis* 
sioners of charities and corrections, to bind him out in 
some lawful calling as a servant, apprentice, mariner or 
otherwise, until he be of age ; or if he be of age, to 
contract for his service with any person, as a laborer, 
servant, apprentice, mariner or otherwise, for not exceed- 
ing one year. The binding out or contract, pursuant ta 
this section, has the same effect as the indenture of an 
apprentice, with his own consent and that of his parents, 
and subjects the person bound out or contracted, to the 
same control of his master and of the court of sessions 
of the county, as if he were bound as an apprentice. 

$ 911. Court may also commit ^^^ to ptiflon. 
Kature and duration of imprisonment. — The court 
may also, in its discretion, order a person convicted aa a 




aa DISORDERLT PERSONS. §§ 912-913. 

disorderly person, to be kept in the comity jail* or, in 
the cit^ <k New York, in the city prison or penitentiary of 
that city, for a tcorm not exceedmg six months at hard 
labor. 

§ 912. Order to proonre materials and Implements, 
ana to ooiiq>el him to work. — If there be no means 
provided in the prison, for employing the offender at 
hard labor, the court may direct the keeper to fiiiTiish 
him such employment as it may specify, and for that 
purpose, to purchase materials and implements, not 
exceeding a prescribed value, and to compel the offender 
to perform the work allotted to him. The expenaea 
incuired in carrying* the order into effect, must be paid 
to the keeper by the county treasurer, upon the delivery 
to him of the order of the court, and an account under 
the oath of tiie keeper, of the materials and implements 
furnished. 

$ 913. B^peose^ how jpaid for. — The keeper must sell 
the produce of the labor of the offender, and must account 
lor the oost of the materials or implements purchased, 
and for one-half of the surplus, to the board of supervi- 
sors, and pay it into the county treasury, and pay the 
other half of the surplus to the person by whom it was 
earned on his dischai'ge from imprisonment. He must 
also account to the couH, when required, for the materials 
or implements purchased, and for the disposition of 
the proceeds of the labor of the offender. 



TITLE VIII. 

Qf I^roceedinga Mespectirig the JSupport of Poor Peraons, 

8bo. 914. Who may be compelled to support poor relatives. 

915. Order to compel a person to support a poor relative, 

by whom and how applied for, to court of sessions. 

916. Court to hear the case, and make order of support. 

917. Support, when to be apportioned among diirerent 

relatives 

918. Order, to preacribe time during which support is to 

eontinue, or may be indefinioB. when and how 
order may be varied. 

16 




a 914-916. SUPPORT OP POOR. dl2 

Sec. 910. Costa, by whom to be paid, and how enforced. 

920. Action on the order, on fkilore to comply therewith. 

921. Parents leaving their children chargeable to the 

public, how proceeded against. 
932. Sttzare of their, property. Transfer thereof, when 

yoid. 
928. Warrant and seizure, when confirmed or discharged. 

Direction of the court thereon. 
924. Warrant, in what cases to be discharged. 
920. Sale of the property seized, and application of its 

proceeds. 
926. Powers of superintendents of poor. 



} 914. Who may bo oompelled to support poor 
vabthrMr— The fatner, mother and children, of suffident 
ability, of a poor person who is insane, blind, old, lame^ 
impotent or decrepid, so as to be unable by work to 
maintain himself, must at their own charge, relieve and 
maintain him in a manner to be approved by the over- 
seers of the town where he is, or in the city of New York, 
by the commissioners of charities and corrections. 

A grand-child is liable to support grand-parents. JSx parte 
Hunt, 6 Cow., 284. Husband not bound to maintain wife's 
bastard children bom before marriage. Minden v. Cox, 7 Cow.» 
28Sw Who are paupers. Norton «. Khodes, 18 Barb., 100. 



6 916. Order to compel a person to snpport a poor 
reiatlTa How applied for. — If a relative of a poor 
person fail to relieve and maintain him, as provi^ea in 
the last section, the overseers of the poor of the town 
where he is, or in the city of New Tork, the commis- 
sioners of charities and corrections may apply to the 
court of sessions of the county where the relative dwells, 
for an order to compel such relief, upon at least ten 
days* written notice, served personally, or by leaving" it 
at the last place of residence of the person to whom it 
is directed, in case of his absence, with a person of suit- 
able age and discretion. 

Necessi^ of a nrevious order, before applying to oout, i^mmre. 
Anon., 8 ». Y. Leg. Obs., 864. 

§ 916. Court to hear the oaec^ and make order of 
anpport. — At the time appointed in the notice, the court 
must proceed summarily to hear .the allegations and 
proofs of the parties, and must order such of the rela- 



243 APPORTIONMENT §§ 917-91&. 

laves of the poor person, mentioned in section 914, as 
-were served with the notice and ai*e of sufficient ability, 
to relieve and maintain him, sp^nfying in the order the 
4snm to be paid weekly for his suppoH, and requiring it 
to be paid by the father, or if there be none, or if he be 
not of sufficient ability, then by the children, or if there 
be none, or if they be not of sufficient ability, then by 
the mother. 



§ 917. Support, when to be apportioned. — If it 
appear that any such relative is unable wholly to main- 
iaia the poor person, but is able to contribute toward his 
support, the court may direct two or more relatives, of 
different degrees, to maintain him, prescribing the pro- 
portion which each must contribute for that purpose; 
and if it appear that the relatives are not of sufficient 
ability whoUy to maintain him, but are able to contribute 
fiomething, the coui't must direct the sum, in proportion 
to their ability, which they shall pay weekly for that 
piurpose. 

See Stone v. Burgess, 2 Lans., 439 ; 47 K. T., 521. 



L918. Order may or may not prescribe time during 
Lch support is to continue. When and how it may 
"be vaiied. — The order may specify the time during 
-which the relatives must maintain the poor person, or 
during which any of the sums directed by the court are 
to be paid, or it may be indefinite, or until the further 
order of the court. The court may from time to time 
vary the order, as circimastances may require, on the 
application either of any relative affected by it, or of an 
officer on whose application the order was made, upon 
ten days' written notice. 



$ 919. Costs, by whom to be paid, and how en- 
:finrcedi — The costs and expenses of the application must 
be ascertained by the court, and paid by the relatives 
against whpm the order is made; and the payment 
thereof^ and obedience to the order of maintenance, and 
to any order for the payment of money, may be enforced 
Iby attachment. 



$(920-922. ACTION FOR NON-SUPPORT. 244 

$ 920 Aotkm on the ovdar on fidlnre to comply 
HmnowiOi. — If a relative^ required by an order of the 
courts to relieve or TnaintaJn a poor person, neglect to 
do BO in the manner approved by the officers mentioned 
in section 914, and neglect to pay to them weekly the 
som prescribed by the court, the officers may maintain 
an action against the reUitive, and recovcn* therein the 
sum prescribed by the court, for every week the order 
has been disobeyed, to the time of the recovery, with, 
costs, for the use of the poor. In the city of New York, 
the action must be in the name of the corporation of that 
city. 

What U a breach of the order. Converse v. McArthnr, 17 
Barb., 410. 

$ 923. Parents leaving their children chargeable 
to the public, hoinr proceeded against. — When the 
father, or the mother being a widow or Uving separate 
from her husband, absconds from the children, or a 
husband from his wife, leaving any of them chargeal)le 
or likely to become chai^geable upon the public, the offi- 
cers mentioned in section 914 may ipply to any two 
justices of the -peace or police justices in the county in. 
which any real or personal property of the father, mother 
or husband is situated, for a warrant to seize the same. 
Upon due proof of the facts, the magistrate must issue 
his warrant, authorizing the officers so applying*to take 
and seize the property of the person so absconding. 

Downing v, Bugar, 21 Wend., 178. 

§ 922. Seizure of their property. Transfer there- 
ol^ "when void. — The officers so applying ma^ seize and 
take the property, wherever it may be found m the same 
county; and are vested with all the right and title 
thereto, which the person absconding then had. The 
sale or transfer of any personal property, left in the 
county from which he aosconded, made after the issuing 
of the warrant, whether in payment of an antecedent 
debt or for a new consideration, is absolutely void. The 
officers must immediately make an inventory of the 
property seized by them, and return it, together with 
their proceedings, to the next court of sessions of tiie 
county where they reside, there to be filed. 



245 SEIZURE OF PROPERTY. $$ 923-936. 

$ 923. ^77aiTant and seiznre, inrhen oonfiimed or 
discharged, etc — The court, upon inqniiing' into the 
circumstances of the case, may confirm or discharge-the 
warrant and seizure ; and if it be confirmed, must, from 
time to lime, direct what part of the personal property 
must be sold, and how much of the proceeds of the sale, 
And of the i*ents and profits of the real property, if any, 
are to be applied toward the maintenance of the children 
or wife of the person absconding. 

.Court to inqaire Into, the merits. Peo. v. Overseers, etc., 23 
Barb., 236. 

§ 924. ^77arrant, in what cases, to be discharged, 

— If the party against whom the warrant issued, return 
&nd support the wife or children so abandoned, or give 
security satisfactory to any two justices of the peace, or 
police justices in the city, village or town, to the over- 
seera cff the poor of the town, or in the city of New York, 
to the commissionera of charities and corrections, that 
the wife or children so abandoned shall not be charge- 
able to the town or county, then the warrant must be 
discharged by an order of the magistrates, and the prop- 
erty taken by virtue thereof restored to the party. 



§ 995. Sale of the proper^ seized, and applica- 
tlon of its proceeds. — The officers must sell at public 
auction the property ordered to be sold, and receive the 
Tents and profits of the real properly of the person 
absconding, and in those cities, villages or towns which are 
required to support their own poor, the officers charged 
therewith must apply the same to the support of the 
wife or children so abandoned ; and for that purpose 
must draw on the county treasurer, or in the city of 
New York, upon the comptroller, for the proceeos as 
dii*ected by special statutes. They must also account to 
the court of sessions of the county^ for all mon^y so 
received by them, and for the application thereof, from 
time to lime, and may be compelled by that court to 
raider that account at any time. 

{ 926. Poinrers of superintendents of poor. — ^In 

those oonuties where all the poor are a charge upon the 



} 927. APPRENTICED^ ETC. 946 

county, the sapeTintendents of the poor are vested -vdih, 
the same powers^ as aj*e given by this title to the over- 
seers of tne poor of a town, in respect to compelling' 
relatives to maintain poor persons, and in respect to the 
seizure of the propei*ty of a parent absconding and 
abandoning his fcunily ; and are entitled to the same 
remedies in their names, and mnst perform the duties 
required by this title, of overseers, and are sabject to 
the same obligatioDS and controL 



TITLE IX. 

Cf Proceedings respecting McuterSf ApprenUoes and Ser- 

fMWtS, 

Geo, 927* Complaint acrainflt apprentice or servant, for absent- 
ing himself, or reftising to starve, or for a misde- 
meanor or ill behavior. 

928. WaiTant, vrhen complaint is made in the absenco-Of 

the defendant. 

929. Warrant, by whom and hovr executed. 

989. Hearing the complaint, and committing or discharg- 
ing the. defendant. 

981. Complaint against the master, for craelty, mlansage 

or violation of doty. 

982. Hearing the comi)laint and dismissing it or discharg- 

ing Uie apprentice or servant. 

983. Preceding sections, not applicable to apprentice irith 

whom money is received or agreed for. 

934. Complaint agamst master in such case, and direction 

thereon. 

935. If complaint not compromised, the master to be held 

to appear at sessions. 

936. Proceeoings thereon and order of the court 

937. Complaint by master against clerk or apprentice, 

where money is paid or agreed for. Clerk or ap- 
prentice, when held to appear at sessions. 

938. Proceedings thereon, and order of the court. 

939. 910. Indenture or contract of service, how assigned 

on death of master. 

§'927. Complaint against apprentice or servant. — 

If an apprentice or servant, lawfully bound to service 
as prescribed by special statutes, willfully absent Mm- 
self therefrom, without the leave of his master, or 
refuse to serve according to his duty, or be guilty of 
any misdemeanor or ill behavior, his master may make 
complaint of the facts under oath, before a justice of 



247 - COMPLAINT. WARRANT. }} 928-931. 

the peace or police justice in the county, or before the 
saayory recorder or city judge of the city where he 
resides. 



§ 928. 'Warrant, vrhen complaiBt is made in the 
abiBence of the defendant. — If the complaiiit be made 
in the absence of the defendant, and the facts be proved 
to the satisfaction of the magistrate, he must issue a 
warrant, signed by him, with his name of office, to a 
peace officer of the county or city, commanding him to 
arrest the defendant ana bring him before the magis- 
trate forthwith, or at a specihed time and place, to 
answer the complaint. 

§ 929. 'Warrant, by whom and how executed.— The 
peace officer must accordingly execute the warrant, by 
arresting the defendant ana taking him before the 
magistrate. 

§ 930. Hearing and decision. — The magistrate must 
immediately, or at a time to which he may, for good 
cause, adjourn the^^matter, proceed to hear the alle- 
gations and proofs of the parties, and if the complaint 
appear to be well founded, must commit the defendant 
to the county jail, or in the city of New York, to the city 

Erison of that city, for not exceeding one month, at hard 
ibor, where he must be contined in a room with no other 
person ; or may, by a certificate, signed by him with his 
name of office, discharge the defendant from the service 
of his master, and the master from all obligations to* the 
defendant. 



} 933. Complaints against the master.— If a mas> 
ter be guilty of cruelty, misusag«, refusal of necessary 
provisions or clothing, or any other violation of duty 
toward his apprentice or servant, as prescribed by 
special statutes, or by the indenture or contract of 
service, the apprentice or servant may make complaint 
on oath, to any of the magistrates mentioned in section 
927, who must summon the defendant before him, at a 
specified time and place. 



$$932-936. COMPLAINT AGAINST MASTER SiB 

$ 932. Zd.; Haazing and dedsion. — The magistrate 
must immediately or at a time to which he may, for good 
cause, adjourn the matter, proceed to hear the altega- 
tions and proofis of the parties, and if the complaint be 
well founded, must, by a certificate under his hands, 
with his name of office, discharge the apprentice or 
servant from the service of his master ; or if not, he 
must, by a similar certificate, diamiRS the complaint. 



§ 933. Pireoeding aectloxu wh&a not applioabli 

The preceding sections of this title do not eirtend to an 
apprentice, whose master has received, or is entitled to 
receive, a sum of money with him, as a compensation for 
his instruction. 



$ 934. Complaint against master in such 
Where money is paid or agreed to be paid, on binding 
out a derk or apprentice, he may make the complaint 
mentioned in section 931, and the ma^trate to whom it 
is made must examine it, as provided m section 932, and 
on such examination, may make such order and direction 
between the parties, as the justice of the case may 
require. 

§ 936. If complaint not compromised, the master 
be held for sessions. — If, in the case mentioned in the last 
section, the complaint cannot be compromised, the 
magistrate must take a written undertaking from the 
master, for his appearance at the next court of sessions 
of the county, in a sum, and with sureties approved by 
him. 

§ 936. Proceedings thereon, and order of the oonrt. 

— Upon hearing the parties, the court may, by an order 
entered upon the minutes, direct that the clerk or 
apprentice be discharged from service, and that the 
money paid or agreed for in binding him out, be 
refande<t if paid, to the person who advanced it, or his 
personal representatives, or if not paid, that it be dis- 
charged, and that any security given therefor be 
deUvered up or cancelled. 



949 COMPLAINT BY MASTER. {( d87-9i0. 

$ 937. Complaint by master against olerk or ap- 
prentice, where money is paid or agreed for. Olerk 
or apprentice when held to appear at seasiona* — The 
mast^ of a clerk or apprentice, where money is paid or 
agreed for on binding bun out, may make the complaint 
mentioned in section 927, and the magistrate to whom it is 
made mnst proceed thereupon, as provided in sections 
928 to 930, both inclusive, and may discharge the com- 
plaint, or if in his opinion it be well founded, may take a 
writt^ undertaking, in a sum and with sureties to be 
approved by him, for the appearance of the clerk or 
apprentice at the next court of sessions of the county. 



|938. Prooeedinga thereon, and order of the oonrt. 

— Upon hearing the parties, the court may proceed as 
provided in section 936, and may punish the clerk or 
apprentice, by fine or imprisonment or both, as for a 
misdemeanor. 



& 939. Xadentmre or oontraot of servioe, how aailgn- 
ed on death of master. — Upon the death of a master to 
whom a person has been bound to service, as clerk, 
apprentice or servant, by the county superintendents of 
the poor, or by the overseers of the poor, or in the city of 
New York, by the commissionei's of charities and cor- 
rections, the personal representatives of the master may, 
with the written consent of the clerk, apprentice or 
servant, acknowledged before a justice of the peace or 
police justice, assign the indenture or contract of serv- 
ice to another, who thereby becomes vested with all the 
rights of the master. 



{ 940. Id. — If, in the case mentioned in the last section, 
the written consent of the clerk, apprentice or pervant 
be refused, the assignment may be made with the same 
effect, under an oMer of the court of sessions of the 
county, upon fourteen days' notice of the application 
therefor, to the apprentice, or to his parent or guardian, 
if there be any in the county. 



}( 941-944. CRIMINAL STATISTICS. 250 

TITLE X. 

Of Oriminal Statlsties. 

Sbo. Ml. IMstrict attorney to fiimish statement. 
942. Duty of clerk. 
913. Same. 

944. Same. 

945. Sheriff's report. 

946. Same. 

947. Form of report. 

948. Consequence of neglect. 

949. Daty of secretary of state. 

^ 941. District attorney to fomiah statement.— 

Within ten days after the adjournment of any criminal 
court of record in this state, the district attorney of the 
comity in which the court shall be held, must furnish to 
the clerk of the court such a description of the offense 
committed by every person convicted of crime, abridged 
from the inmctment, as would be sufficient to maintain 
the averments relating to such offense, or necessary to 
be made in an indictment for a second offense. 

j[ 942. Duty of clerk. — Within twenty days after the 
adjourament of any criminal court of recoi't^ the clerk 
thereof must transmit to the office of the secretary of 
state such statement furnished by the district attorney, 
of all convictions had at such couH. 



§ 943. Id. — Within twenty days after the adjourn- 
ment of any .criminal court of record, the clerk thereof 
must also transmit to the office of the secretary of state 
a duly certified statement of the number of indictments 
tried at such court, specifying the number for each sepa- 
rate offense, the number on which convictions were had, 
and on which defendants were acquitted, and of indict- 
ments against persons who were convicted on confession^ 
and against persons who were discharged without triaL 



§ 944. Id. — On or before the fifth day of every month, 
the clerk of each county must transmit to the secretary 



/ 



251 SHERIFFS REPORT. $$ 945-049. 

of state copies of all certificates of convictions made hy 
any court of special sessions, and requii*ed by law to be 
filed with such clerk, and which have been filed in the 
office of the county clerk during the previous month. 



§ 945. She]:i£E% report — A report must be made by 
the sheriff of every county in which there is a city, on 
the first day of every month to the secretary of state, of 
the number of persons convicted in city courts, courts of 
special sessions, and police courts during the preceding 
month. Such reports must specify the crimes, the whole 
number convicted, the sex, age, nativity, and whether 
married or single; the deg^i'ee of education, religious 
instruction, whether parente living or dead« temperate 
or intemperate, and whether before convicted or not of 
any crime. 



§ 946. Id. — Within twenty days after the adjonm'^ 
ment of any criminal court of record, the sheriff of the 
county in which such court e^iall be held, must report to 
the secretary of state, the name, occupation, age, sex,, 
and native country of every peraon convicted at such 
court of any offense, and the degree of instruction which 
each person so convicted has received, and iJso such 
Xfther items of information in relation to such convicts and 
their offenses, as the secretary of state shall require* 



5 947. Form of report. — ^The rejKjrt required by this 
title must be made in the form prescribed by the secre* 
tary of state. 



{ 948. Consequence of neglect. — ^For every neglect 
of magistrate, clerk, or sheriff to comply with the require- 
ments of this title, he forfeits the sum of fifty dollars, to 
be recovered in a civil action, in the name of the people 
of this state. 



§ 949. Duty of secretary of state. — ^The secretary of 
state must cause this title* to be published, with forms 



{{950-952. MI8CELLANE0U& 263 

and instractions for the execution of the duties flierein 
prescribed, and to be distributed among the officers 
therdn mentioned ; the expense of which must be paid 
by the treasurer, on the warrant of the comptroller. He 
must also annually re^rt to the legislature, the results 
of the information obtamed in pursuance of this titie. 



TITLE XL 

Miaeelkuuious Pnnisions, respecting iSjpeeial Proeeedmgs 

of a OriinUnal Nature* 

Sao. 960. PaHlefl to a special proceeding, how designated. 

961. ProYisions respectiiig entitling affidavits, applicable. 
908. Courts and magistrates to issne snbpcanaa, ami poniaii 
disobedience of witnesses. 

{ 960. Parties to a speolal proceeding how desig- 
nated. — ^The party prosecuting a special proceeding of a 
criminal nature, is designated in this Ck)de, as the com- 
plainant, and the adverse party as the defendant. 

$ 951. Provisions reapeoting entitling affidavita^ 
applicable. — The provisions of this Ckxle, in respect to 
entitling affidavits m a criminal action, are applicable to 
special proceedings of a criminal nature. 

} 962. Courts and magistrates to Issue sabpoeiiai^ 
and punish disobedience of witnesses. — All courts and 
magistrates having before them special proceedings of a 
criminal nature, may issue subpoenas for witnesses, and 
punish their disobecuenoe in the same mA-wmiif as in crioi!- 
mal actions. 



ai» GBNEBAL PROVISIONS.^ §$»6»-8S7. 



GEHEBAL PROVISIONS AND DEFINI- 
TIONS APPLICABLE TO THIS CODE. 

6so. 9BS* Abatement of nuisance. 

954. No part of this Code retroactive, unless expressly so 

declared. 
966. Present tense includes fttture, etc. 
966. Definition of " writing." 
957. Definition of "oath." 
968. Definition of** signature." 
959. Definition of** magistrate." 
900. Definition of ** peace ofBcer." 

961. Definition of ** court of sessions." 

962. To what actions and proceedings this Code applies. 

963. When Code to take effect. 

§ 963. Abatement of nuisance. — ^Where a person is 
convicted of keeping or maintainiiig> a public nuisance, 
and sentenced to punishmenty the court may in its judg- 
ment, in addition to or in place of other punishment, di- 
rect that the nuisance be abated, and issue an order to 
the sheriff of the proper county to execute the judgment 
as therein directed. 

See Syracuse, etc., Co. v. Peo., 66 Barb., 26. 

§ 954. No part of this Code retroactiye, nnless ez- 
pregsly 80 declared. — No part of this Code is retroactive^ 
unless expressly so declared. 

§ 965. Present tenae includes futora^ etc. — Unless 
when otherwise provided, words used in this Code in the 
OTesent tense, include the future as well as the present. 
Words used in the masculine gender comprehend as well 
the feminine and neuter. ThQ singular number includes 
the plural, and the plural the singular. And the word 
** person" includes a corporation, as well as a natural 
person. 



J 966. Definition of "writing."^The term '*writmg'* 
includes printing. 

{ 967. Definition of ^ath."-— The term "oath** in- 
dudes an affirmation. 



^958-963. . DEFINITIONS. 254 

{ 95a Definition of ''signatore."— The term ''^g- 
narare" includes a mark, when the person cannot write ; 
his name beings written near it, and the mark being 
witnessed by a person who writes his own name as a 
witness, except to an affidavit or deposition, or a pax)er 
•executed berore a judicial officer; in which case the 
attestation of the officer is sufficient. 

$ 959. Definition of "magistrate." — Unless when 
otherwise pi*ovided, the term ** magistrate" agnifies any 
one of the magistrates mentioned in section 147. 

{ 960. Definition of "peace ofScer." — Unless 
when otherwise provided, the term "peace officer" sig- 
niiies any one of the officers mentioned in section 164. 

§ 961« Definition of ' court of seesions.*' — The 

tei*m " court of sessions " includes ** the court of general 
sessions in the city and county of New York," wherever 
such inclusion does not conflict with other provisionjs of 
this Code. 

§ 962. To vrhat actions and proceedings this Code 

applies. — This Code applies to criminal actions, and to 

all other proceedings in criminal cases which are herein 

provided for, from the time when it takes effect ; but all 

49uch actions and proceedings, theretofore commenced, 

must be conductea in the same manner as if this Code 

had not been passed ; except that if in any local statute 

confined, by its terms, to a town or village or to a county 

or city other than the city and county of New York, any 

proceeding is prescribed, in addition to those prescribed 

by this C^e and not inconastent with it, the same shall 

remain unaffected by it. 

Peo. V. Sessions, G2 How. P. R., 415. 

$ 963. When Ck>de to take eflbct — This Code shall 
take effect on the first day of September, 1881. When 
construed in' connection with other statutes, it must be 
deemed to have been enacted on the fourth day of Janu- 
ary, eighteen hundred and eighty-one, so that any stat- 
ute enacted after that day is to nave the same effect as 
if it had been enacted after this Code. 



IHDEX. 



ABATEMENT. Section. 
or nuisance on conTictiou eas 

AEANDONISG. 

OaailY 899 

(5« UiaORUEKLT Pebsohs.) 

ABSCONDING PAEENT— (Sb FabbKI.) 

ABSENCE. 

froiD sute of dtfendaot, UmltaLion 143 

of dcrcndant, irticn (rial may proceed in 207 

ofdefendant, ground fornew trial for felony 4G0 

ACCEPTATION. 

nsual, orwordBtobelalen 283 

ACCIDENT, 

when jury discharged by reason of, new trial may be 
bod ISO 

ACCOMODATIONS. 

for court of general flessiona SB 

for Juries, hotr provided 423 

expense of, a county obarga 423 

ACCOMPLICE. 

cuiaot be ooDditlonally eixamlned £20 

testimony of must be oorroborated 3ss 

conviction oa testimony of. 399 

what corroboraUoa required S9t 

ACCOUNTING. 

by keeper of prison 913 

ACCOUNTS. 

of coroner, how audited 788 

of persons employed by governor, on return of i^glllves 

ACCUSATION— I ,S«e Inforhation). US 



256 INDEX. 

ACCUSED. SBCnov. 

not to be Babjected to unnecessary restraint. •• 10 

{See Defendakt.) 

ACQUITTAL. 

no second prosecution after ^ 

in another state or county, abar 139-140 

former, abar when 340-341 

defendant entitled to, on reasonable doubt 447 

verdict of, cannot be reconsidered 447 

general verdict of... 440 

Judgment and proceedings thereon 45'2 

on ground of insanity 454 

[See FoRMSB Conyigtion or Acquittal.) 

ACT, OVEET. 

evidence of, in cases of treason^fi^ Treason.) 

ACTION. 

local jurisdiction of. 133-140 

criminal, time £>r commencing 141-144 

to enforce forfeiture of bail 50S 

ACTUAL BIAS. 

challenge for, can betaken, when. 378 

ADDITIONAL JVROR^-iSee Jury.) 

ADDITIONAL PROOF. 

required to convict on confession 396 

ADJOURNMENT— (5ee Courts.) 

ADMINISTRATION OF CRIMINAL JUSTICE— (See Crim- 
inal Action.) 

ADMITTANCE. 

to building, etc., if refused, officer may break 175-17$ 

ADVERSE PARTY. 

in civil action, may be challenged as juror sub. 3, 877 

ADVICE. 

grand jury may ask, of court 262 

or district attorney 262 

court may advise jury to acquit 410 

jury not bound by 410 

AFFIDAVITS. 

on motion for new trial sub. 7, 465 

of justiflcation by sureties on bail 572 

for conditional examination. 622 

on application for commission. 639 

of agent on return of commission 652 

entitling of, not necessary 683 

defectively entitled valid 683 

for allowance of appeal from special sessions 751 

entitling of, in special proceedings 961 

AFFINITY. 

ground for challenge of juror 377 



INDEX. 257 

AFFIRMANCE. Ssction. 

withoat argument on appeal 539 

on default may be taken 639 

AFFIBMATION. 

included in term ' * oath/' 957 

AGGRAVATING CIRCUMSTANCES. 

inquiry into before sentence 483 

AGBEBMENT OF JURY. 

discharge of jury before, when 428 

AID. 

officer may require, when 169 

ALBANY CITY. 

impeachments to be tried at 17 

crimes committed tn, Jurisdiction of special sessions .... 68 

Special Sessions in 6a-73 

bench warrant in 68 

duty of magistrate 69-70 

by whom held 71 

officers, number of, etc. 71 

<$lerk of, is county clerk 72 

when and where held 73 

(See CocTBTS of Special Ssssioms.) 
recorder may order out militia Ill 

ALBANY COUNTY. 

judge may hold special sessions 69-70 

sheriff, to designate officers for special sessions 71 

clerk, clerk of special sessions 72 

ALIENAGE. 

ground of challenge to grand juror 289 

ALLOWANCE. 

of challenges— (iSto Challenges.) 

ALLOWANCE OF APPEAL. 

from special sessions 751, 752 

indorsement on affidavit for 752 

who may gi'ant, proceedings on 751, 752, 753 

discharge of defendant on ^ 753 

stay of proceedings on 753 

must be deliyeredto magistrate 755 

AMENDMENT. 

of indictment allowed 293 

trial to proceed after 294 

verdict after 295 

of challenge, court may permit 865-381 

of bill of exceptions 458, 461 

service of 458 

time for service may be enlarged 460 

omission to serve, effect of. 461 

ANGRY WORDS. 

in presence of magistrate 93 

security to keep peace required 98 

17 



S68 INDEX. 

ANIMALS. Saonow. 

omelty to, misdemeanor Bab. 8, 57 

racingof. sab 2, 57 

exdosi ve Jorisdiotion of special sessioiis sab. 2, 57 

ANNUAL BBPOBT. 

to legislature of pardons bygovemor 694 

ANSWER. ^ 

to indictment by defendant • 812 

defendant to have time to pat in •....; 81S 

APPEAL. 

Wlien and How Taken. 

only mode of reviewing Jndgment. 515 

writs of error and certiorari abolishe«i 515 

Sarties to, how desiniated 510 
tie of action notcnangedon 516 

when defendant may appeal to sapreme coart 517 

when people may 518 

to coart of appeals when allowed 519 

oases ennmeraled 519 

maybe taken as matter of rig^t... 630 

most be taken within one year 521 

how taken, notice of. 522 

by delendant, notice to district attorney 523 

by people, notice todefendant 524 

how served, pablication of 524 

by pablication, when periected 525 

by people does not operate as stey 826 

stey ofproceedings, now obtained 527 

certificate of Jadge 527 

stay on appeal to coart of appeals 528 

what operates as • 528 

certificate of jadge 528 

not to be granted in certain cases 689 

except on notice to district attorney # 529 

effect of stey 530 

saspension of execation of sentence on 531 

daty of clerk to traosmit papers. 532 

what to be transmitted to appellate ooart..... 533 

dismissal 533 

ma^ be dismissed for irregalarity. 533 

notice for motion, copies of papers. 633 

for want o f retam s 534 

time to make retam enlarged 534 

for failure toftimish papers on argument. 638 

Argament Of. 

in sapreme coart, how broagfat on 686 

in coart of appeals 636 

notice of argament 536 

service of. 535 

may be served on coansel, when 637 

affirmance bydefaalt « 689 

reversal by defiialt not allowed 639 

namber of coansel to be heard 640 

defendant entitled to close 540 

need not be present 541 



INDEX. 

tonMiHHd. 

JudKmea 
Eowi 



^eaC Oa. 

' n 543 

errors diaregarded... -.^,.^-, 64^ 

eiToueuus juiiKineut of cMiurl; below rendered on law- 
ful verdict may be eorrectedp...*-^.'' MS 

new trial on reversal US 

how to proceed 511 

defeuiiaui discharged on rereraal. ..., ............... 6i& 

tmlets new irlal ordered G16 

proceedings on afllRaaoce Hd 

on coriecled judgment 046 

remittitur of judgment 847 

judgment on detault may be retained ten days. M7 

papers, lo remain ofrucord 548 

JonsdicCion oeasas after remittitur 619 

BaU Upon. 

when allowed BM 

whOQ matter of right. »9S 



who mny talte 

notice of application for. 

qualiAcations, etc.. ,---.,... 

ISet Special Sebbionb In/ya.) 
In Bastardy Cases. 



magistrates to 



court may allliin, reverie 
ailjonmmcnt of hearing.., 









proceedings on 883 

undertaking for appearance when fortteited.... BflO, 870 

Costa of appeal awarded 973. SJi 

Eubseijiient proceedings snssO 

From Judgment of Outlawry, 

authorized 8M 

mav bo taken in person 823 

or by counsel 833 

in same manner, aa upon appeal f^m conviction 

on indictment.. ..^. 823 

eiftct of reversal of judgment SM 

Trom Special Sessions. 

allowed, to courts of eesslons 7« 

for what causes TSO 

on trial by jury, verdict aigaiiit evidence 7M 

not oaose fbr 750 

application for Bllowance of. 751 

aUiteylt Ibr, what to oontain 701 



260 INDEX. 

APPEAL— CimMniMif. SEcmov. 

From Special Sessions. 

allowance by Judge. 753 

indorsement of. 762 

proceedings if defendant in cnstod]^ 753^ 

Giflcbarge of defendant on nndertalpng 76S 

Btay of pt*oceedingB 763 

undertaking to be filed 7&4 

affidavit and allowance to be delivered 765 

return, wbenandbow made 766 

Gompelling return 757 

amended return, order for 753 

argument, how Drought on 769 

notice of 769 

dismissal, on failure 760 

copy of return to be served on district attorney. . 761 

dismissal on failure to serve 761 

heai ing of argument 762 

defendant must argoe on default 762 

people may take affirmance by defiuit. 762 

to Be heard on original return, technical errors 

disregarded 768, 764 

judgment, how rendered 764 

new trial may be ordered 764 

judgment on to be entered 766 

Judgment of affirmance, proceedings on 76& 

of reversal, discharge of defendant 767 

new trial, proceedings on granting 788 

must be had in court of sessions 768 

Judgment, how carried into effect 769 

appeal fh>m, to supreme court. 770 

bail on 770 

judgment in supreme court final 771 

now carried inio effect ....'. 77» 

{See Bill of Exceptions.) 

APPEAL TO COURT OF APPEALS. 

when allowed J*2 

oases enumerated • J^ 

is matter of right JJ^ 

when to be taken ^ 

how taken. . •••.•. • ..».•• (w» 

stay of proceedings on ...628, 6^ 

return to be filed with clerk «» 

{See Appeal.) 

APPEAL TO SUPREME COURT. 

in what cases allowed defendant »J^ 

m^fte%frightV.'.*.!!y//. *.*"/."'.'/.'."*-*.*.' gj 

when to be taken JJ* 

how to be taken, notice "• Jg 

stay of proceedings o*'-™ 

return to be filed :••;••••, :•; °^ 

fl:t)m court of sessions affirming conviction in special 

sessions • • • 770 

Judgment on, final... •••••%••• 771 



INDEX, 
APPEAL TO COURT OF SESSIONS. 


261 

SBOnOK. 




AP,.«A»CE. <'""""■< 






























indgment of outlawrj on Oalare of. 

AFP ELL AST. 


MB 










APPLICATION. 

fornew trial 


:::::::::: Jm 








6Si 




















nolloetodialrioEalDorney 


••■■■••""■ 1 



















APPOINTMENT. 

dI offlccra of general Besaione in New York BS 

of officers of Bpecial seBBiooa In NewTork S5 

of foreman and clork of grand jury. 215-250 

APPREHENSION. 

of fligillvealWimJnstioo BIT, 8S6 

[8 reapaetiog~lSee Uastebs.) 



of appeal, bovr br 



SeS INDEX. 

AS/SUMXRT—CimHmted. Section, 

id.; maybe served on counsel, idieii 637 

who to furnish papers on 538 

dismissal of appeal on 538 

affirmance withoat 539 

reversal by defaalt not allowed on 539 

number of counsel, capital offenfle 540 

id.: in other cases 540 

deoendant entitled to close 540 

defendant need not be present on 541 

ABMED AND DISGUISED MEN. 

may be dispersed 106 

id.; proceedmgs on 107-110 

ABRAI6NMENT OF DBFEKDA17T. 

when necessary 296 

for felony, defendant most be present ' 297 

for misdemeanor may appear by coaosel 287 

counsel to def^ndant, on 808 

how made 300 

erroneous name on 310 

time to plead allowed, on... 811 

bench warrant issued on fiUlure of defendant to 

appear 299, 475 

for sentence • 480 

of corporation 681 

AERAT. 

challenge to, not allowed 23S 

(See Challengb to thb Fankl.) 

ARREST. 
Generally. 

defined 167 

who may make 168 

on charge of felony 170 

misdemeanor 170 

how made 171 

withoat unnecessary restraint 172 

officer to state his authority 173 

may use force on attempt to escape 174 

may break outer door, etc 175 

id.; to liberate person aiding 176 

Without Warrant. 

Bypeacc officer 177 

in what case allowed , 177 

for cri me committed in his presence 177 

for felony 177 

officer may break outerdoor 178 

for suspicion of felony 177-179 

may arrest at night on suspicion of felony. 179 

must inform person arrested of his authority 180 

may take participant in affray arrested by by* 

stander 181 

magistrate may arrest person for crime In ills 
presence 182 



INDEX. 263 

MBKE&T— Continued, SXCXIOK. 

Without Warrant. 

By private person 183 

for crime in nis presence. sub. 1, 183 

lorfelonvnot in his presence sub. 2,183 

must state authority 184 

must bring prisoner before magistrate without 
delay 186 

Betaking. 

after escape or rescue 186 

at any time or place 186 

may break outer door, etc 187 

By Sureties on Bail. 

when they may make 591 

may authorize third person to make. 591 

how made 591 

• 

By Coroner. 

on coroner's warrant 780 

how made 786-784 

On Bench Warrant. 

for failure to appear for arraignment 299-305 

for failure to appear for sentence. 475-479 

before conyictfon 578,579 

Of Habitual Criminal. 

with or without warrant , 512 

in what cases allowed 512 

search and examination of, on ,. 514 

Security to Keep Peace. 

security required 84 

how made 84 

for threats to commit crime, etc 86 

Of Bioters. 

when and how made 107 

After Bail. 

on bench warrants 299-303 

on failure to appear 299-303, 475-479 

before conviction. 578, 579 

in certain cases 599 

in another county 601 

Fugitives from justice 827-836 

Outlaws 825 

Vagrants 888-892 

Disguised persons 894 

Disorderly persons 900 

Masters' servants and apprentices, proceedings on 928 

In Bastardy Cases. 

who may issue warrant 841 

how served 843 

proceedings on 844 

Warrant Of. 

when to issue .' 150 

form of 151 

what to contain 152 



264 INDEX. 



Warrant 0£ - 

how directed 10-155 

how executed in another county 156 

Indorsement of , 187 

Jtroceedings on, Ibr felony. . • 158 
br misdemeanor 150 

baUon ^. 150, 100 

officer may carry prisoner through several counties, 

. on 168, 16S 

defendant most in all cases be taken beibre magis- 
trate without delay upon 165 

ABBBST OF JXTD6MENT. 

motion for, grounds of. 167 

court may grant without motion 468 

motion for, when and how made 460 

id., notice to district attorney 460 

Id., proceedings thereon 470 

ABTIGLE. 

in eyidence, Jury may take on retiring 425 

ABnCLES OF IHPEAGHMSNT. 

to be deliTered by assembly 17, 118 

service of copy on defenduit 110 

how made, poblication of. 120 

objections to 188, 12S 

answer to, by defendant 184 

(See IMPSACHXBNT.) 
ASSAX7LT. 

Jurisdiction of special sessions , 66 . 

in presence of court ; securi^ fer peace on 06 

ASSEMBLY. 

to deiivcr articles of impeaclmient • 17, 118 

ASSIGNMENT. 

ot'coauKcl on arraignment , 808 

id., duly of coait to make ; 908 

{See Counsel.) 

ASTLdM— (iSee State Lunatic Asylum.) 

ATTACHMENT. 

for contempt— liSee Contempt.) 757 

ATTEMPT. 

to commit crime, yerdict of 444 

id., may be rendered on indictment for crime 444 

ATTENDANCE OF WITNESSES. 

how compelled— (5e8 Witnesses, Subp<bnas.) 

AT1*0BNET— {^M Causes of Challenge, Counbml) .... 877 

ATTOBKEY-OENERAL. 

may be present at examination of defendant before mag- 
istrate 906 

may inspect depositions taken 905 

eannot enter nol. pro§, , , 678 



INDEX. 365 

AUTHORITY FOR ARREST. Sacnoir. 

defendant to be informed of, by offloer 173-180 

id. , exceptions to role 173-180 

AUTHORITY FOR KXKCUTlOlX^See DSATH Wasrajst), 



BAIL. 

defined 651 

by oyer and terminer sab. 8,22 

by courts of sesaions sobs. 10,11,38 

not aliowed, wlien 662 

inwtiat cases allowed , 663 

matter of right in cases of misdemeanor 063 

of discretion in otlier cases sub. 2, 663 

by police captains and sergeants 5^ 

on appeal K5 

BSFOBB CONYICTION. 

when bail may be taken 602, 65i 

(1) For Appearance Before Magistrate. 

on arrest for misdemeanor. 169 

when defendant waives examination 190 

on adjonmment 192 

on commitment 210 

certificate of bail bein^;; taken 210 

order for bail on commitment 212 

for appearance of witnesses., 216, 216 

infimts and married women 217 

refusal of witness to give 218 

deposition to be taken in case of inability to give 

secnrity 219 

undertakings to be returned 221 

who may take 650 

<S) On Holding To Answer. 

what officers may take 558 

time of taking, by magistrate 559 

id., by other officers , 569 

for felony in cities, must be upon notice. . . ; 660, 571 

order granting or denying, form of. 561 

form of, by magistrate 662 

number of applications for, limited 668 

violation of last section misdemeanor 664 

and bail may be revoked 564 

rule limiting has no application to trial court. ........ 566 

decision of trial court, final 566 

id., exception 566 

must be taken bv officer granting order 567 

id., unless otherwise directed 567 

howputin, form of undertaking 568 

gnalincations of 660 

lostiflcation of 570 

notice of, to district attorney 570 

Id., in cities, what to contain 571 

district attorney may waive notice 571 

justification must be by affidavit 572 

Id., affidavit of, what to contain 572 

sureties may be examined. 573 



906 INDEX. 

BAIL— GcMilfmiedL SECnov. 

Bkforb CoHYicnov. 

(9) On Holding to Answer. 

examination to be redaced to writing 87$ 

other testimony may be received 674 

proceedings may be acyoorned 574 

magistrate most make order 573 

form of. 575 

order, affidavits, and nndertalcing to be filed 575 

on allowance of, defendant discharged 57& 

order for, form of. 576 

if disallowed, defendant detained 577 

(8) After Indictment, before Conviction. 

where defendant discharged for want of Jurisdiction, 404 

fbr misdemeanor, on arrest on bench warrant 67S 

in cases of felony 579, 680 

who may take 579, 580 

howpatin, form of undertaking 581 

qualifications of 582 

Justification of. 582 

After Conviction. 

on appeal, matter of right when ^ 665 

matter of discretion when. ,,, 565 

only allowed when stay of proQ<9edings 655 

not allowed in capital cases 665 

nature of bai 1 taken 556 

onappeal. from judgment for fine 566 

id., from judgment of imprisonment 556 

who may take 583 

notice of application for, may be required 584 

qualifications of sureties 585 

justification of sureties 685 

how put in 585 

deposit instead of, when and how made 586 

id. , discharge upon making 586 

id., by person who has given bail 587 

id., exonerates his sureties 687 

may be given after deposic 588 

deposit refunded 588 

lipplied to payment of fine^when 589 

on appeal rrom epecial sessions 76S 

id. , now allowed; stay of proceedings 76& 

Re-cohmitment Apteb. 

how, and when ordered. 699 

contents of order 60O 

defendant may be arrested in any county 601 

proceedings on arrest 602, 60& 

new baU 603, 604 

form oi; qualifications, etc 605, 606 

Deposit Instead of Bail. 

when allowed, after order for bail 686 

to be made with county treasurer 686 

after bail, before forfeiture 687 

bail after, when 588 



I 

1 



■ 



f 



INDEX. 267 

Deposit Instead of Bail. 

r&oommicnient after 668-609 

appUcstion of, by ooonty treasorer 669 

[See FOJIFEITUKB AMD EXONSEATION /|0«.) 
SURBENDEB. 

snreiies. may surrender deftndant BO(k 

id., when and how 60O 

id., may aiTest him at any place in state 601 

id., or at any time 681 

id., may empower third person 691 

proceeain|[8 on 602 

notice to district attorney v. 602 

deposit returned, when 682 

irOBFEITlTKE OP. 

on lailure lo appear for arraignment. 80O 

on failure to appear for judgment 476 

fenerallVf cases 69& 
ow forfeiture discharged. 594 

action to enforce 595 

deposit, how disposed of 606 

remission of forfeiture 587 

application for, how made 68S 

costs and expenses to be paid 69S 

in special sessions , 739 

remission of. 740 

in bastardy cases 881-88d 

disorderly persons 905 

Exoneration of. 

on discharge of defendant', after judgment on 

demurrer .\ 828 

when court has not jurisdiction 406 

when flAots constitute no crime. 408 

on remand after conviction 45S 

<ni arrest of judgment 470 

on reversal on appeal 64& 

on surrender. 691 

on commitment of insane defendant 660 

on dismissal of aotion 670 

on discharge of Aigitive from justice 884, 835 

BAR. 

impeachment, conviction on, when not 131 

conviction in another state, etc., a 139 

conviction in another county, a 140 

on arrest of judgment, verdict not a 470 

order compromising crime, a 665 

order dismissing action, when a 673 

BASTARDS. 

who are 838 

parents liable for support of, if able 839 

otherwise city, county or town liable 839 

superintendent or overseer of poor must apply to justice 

on birth of 840 

examination of mother 841 



^68 INDEX. 

BASTABDS-CMifiiMittf. Sacnov. 

wmrraat against fiifcher • 841 

officer iaeoinff warrant designated *'magiBtrate". 842 

Bupposed flttner designated " defendant^' 842 

warrant when to be served in another county 843 

magistrate must indorse warrant 843 

id , exempt from liability- 843 

proceedings on arrest of defendant in another county. . 844 

nndertakin^ by defendant 844 

id. , to be discliarged on giving 845 

otherwise to be brought before magistrate 846 

undertaking and warrant to be returned to magistrate 

issuing warrant 845 

exammation by magistrates 84S 

mother to be examined 848 

adjournment of examination on request of defendant. 849 

undertaking on adjournment 849 

magistrates must determme father on hearing 850 

order of liliation. its contents 850 

costs to be certified 850 

proceedings to be reduced to writing 860 

if defendant adjudged father he must pay costs and give 

undertaking 85t 

contents of undertaking 851 

defendant to be discharged on compliance with order. . 8B3 

otherwise to be committed to jail 862 

liow released 862 

during examination defendant to remain in custody of 

officer 863 

proceedings on return of security taken out of the 

county 854 

«xa]!hination may bo had in defendant's absence 855 

id, order of filiation 855 

mother may be compelled to disclose fjAther 866 

may be committed to jail if she refuses 866 

mother having property may be charged with support 

of, on application 857 

may be committed if she refUses to do so 858 

id., or to give undertaking « 8^ 

amount of support may be reduced 859 

or increased by court of sessions 859 

if lather or mother abscond their property may be 

charged for support 860 

appeal A*om order of filiation 861 

Appeal, how taken... 862 

magistrate to transmit undertaking 863 

hearing of appeal 864 

if mother dead or insane her testimony receivable 861 

court may affirm or vacate order of filiation , 865 

may reduce or increase support 865 

must disregard defects m form 865 

mav adjourn hearing if child unborn 865 

undertaking on such acUoumment 865 

defiendant to be discharged if woman not pregnant. .... 866 
or If she marries before delivery 866 

if order of filiation affirmed defendant must give new 
undertaking ,, g^ 



INDEX. 26» 

BASTARDS—Con^lntMd. Sbctiok. 

. contents of andertaking 867 

defendant to be committed on failure to give id 868 

undertaking on appeal, how forfeited 869 

proceedings, when mother is bound to appear 870 

id., when committed 870, 871 

id., on affirmance of order 87^ 

undertaking by mother, its contents 87^ 

costs, how awarded on appeal 873 

id., in New York city 873 

costs, payment of, how enforced 874 

id., when party out of Jurisdiction 874 

proceedings on vacation of order of filiation not upon 

the merits 87& 

new order of filiation may be made 1 875 

andertaking may be required 875 

id. , proceedings thereupon 87ft 

court to inquire into circumstances of father or mother 

committed 877 

mav discharge them if unable to support 878 

notice to overseer, etc. , before discbarge 879 

person committed can only be discharged by court of 

sessions 880 

enforcement of undertakings 881-88G 

court may order prosecuted if forfeited 881 

who to prosecute in Kew York city 881 

by district attorney in other counties 881 

in whose name to be prosecuted 882 

inNew York city 882 

in action actual payment of money need not be proved, 883 

neglect to pav is breach of andertaking 883 

measure of damages 883 

second action for subsequent breach 884 

costs if awarded against plaintiff, how recoverd 886 

id., in New York city 88ft 

action may be maintained against part^ , although under- 
taking be given 886 

in case of his death, against his executors 886 

but not when undertaking for appearance is given 886- 

BAWDY HOUSES. 

keepers of, disorderly persons 89^ 

BEGGARS. 

children, how disposed of 893 

vagrants sub. 6, 88& 

BENCH WARRANT. 

issued by Albany special sessions sub. 6, 68 

on failure to appear for arraignment 299 

clerk may issue 29& 

district-attorney may issue i9» 

form of, when issued by clerk 301 

direction as to bail on ... , 802 

amount of bail may be fixed in 303 

service of, in any county 304 

need not be indorsed by magistrate 804 

proceedings on arrest on 805 

on ilEtilure to appear for Judgment 475 



270 INDEX. 

BBVGH WAKRANT^ConfMMMd. SiSOTIOK, 

itf.,elerk mayiwae • 478 

toitm of. • 477 

id.»MiTiceor,iaaii7Coaiity r 478 

need not be indorsed bymagiatnlte 478 

proceedings on arrest. 479 

Mil on, before conviction sob. 3, 6M 

if crime ctiarged be misdememnor.. 578 

if felony 679 

wlio may take bail on 580 

bow pat in, form of ondertaidng 581 

id., qoaliflcatioo and jnstiflcation 582 

(SBeJUDOMKNTOF OUTLAWST) 814, 815 

BIAS. 

ground of challenge to grand Jnror. 288 

to trial jaror 878 

aotoal, defined 376 

implied, defloed 876 

{See CHAIXBNOB8. ) 

SILL OF EXCEPTIOXS. 

When exceptions allowed on trial 455 

on matters of law affecting sabstanUal rights 455 

disallowance of challenge to the panel 455 

admitting or rejecting testimony on trial of challenge fbr 

acioal mas 455 

on irial of indictment 455 

on decision of law on 455 

on charging Jnrv..... 465 

by whom settled and signed 456 

amendments to 458 

to be settled at trial 457 

how settled aftertrial 458 

settlement 458, 459 

time for may be enlarged 460 

effect of not serving 461 

Id., amendments to 461 

BOARD OF TRUSTEES. 

in villages fix sal ary of police JnaUce 78 

BOOKS AND PAPERS. 

snbpcena for, form of. 618 

BREACH OF PEACE. 

arrest of participant in, bybyttander 181 

defendant, how Drought before magistrate 181 

BROOKLYN. 

special sessions in 60 

(See CiTT CouBT of Bbookltn.) 

BROOKLYN CITY COURT. 

criminal Jurisdiction 26 

by whom held 27 

BUFFALO SUPERIOR COURT. 

tarisdiction , 28 

»ywhomheld 29 

termsof .....'........;:.;;;...;;.;!;;.; » 

(See SuPEKioB Court of Buffalo.) 



INDEX. 271 

BY-STAKDER. SflOnoir. 

may arrest for breach of peace •••«... • 181 

or crime committed in presence.. .> • 183 

orfor felony 188 

duty of, and how to make arrest 184, 186 

O. 

CALLING. 

for judgment. |5ee Judgmekt.) 

CAB60. 

crime in respect to. Jurisdiction of 18(^137 

^ CAUSE OF ACTION. 

objection, to indictment that f^cts alleged do not consti- 
tute, on demurrer. « sub. 4, 823 

id., maybe taken at trial 831 

id., or m arrest of judgment 831 

CAUSES OF CHALLENGE. 

^neral, definition 874 

id., kinds of, enumerated 375 

conviction for felony 875 

want of qualifications prescribed by Code of Civil pro* 

oedure 875 

{See Challenge.) 

CEETAINTY. 

required in Indictment 281 

CERTIFICATE. 

of bail being taken by magistrate 210 

of execution of death penalty 608 

id., who must sign, where filed 608 

of allowance of appeal in special sessions 752 

to stay proceedings on appeal 527-529 

of judk^ent on appeal 517-549 

of samcient cause to believe corporation guilty of otfense 

charged G79 

of reasonable doabt. (See Certificate of Reasonable 

Doubt.) 

CERTIFICATE OF CONVICTION. 

in special sessions 72t 

form of 721 , 7*22 

to be filed i n twenty days 723 

conclusive evidence of flActs stated 724 

is authority for execution 725 

of disorderly person 902 

is record of conviction 002 

CERTIFICATE OF REASONABLE DOUBT. 

whether judgment should stand 627, 528 

operates as stay of proceedings .....5-27, 528 

on appeal from conviction of felony 629 

only granted on notice to district attorney 529 

id., but execution may be stayed in meantime 629 

efliectofstay on 530, 631 



r/ 



272 INDEX 

GBBnORABI Sflcnoir. 

write abolished 51ft 

mppetd Bobetitnted flg 515 

CHAIXEN6E, 

To Gnmd Jnror. 

to the panel or array not allowed 239 

Imt court may discharge in it»di8cretLon 238 

id., for what causes 238 

requisite number of ballots not drawn. sub. 1, 238 

notice of drawing not given sab. 2, 238 

drawing not had in presence of officers sab. 3, 238 

not haa fourteen days before court .sob. 4, 238 

toindiviaual Juror, allowed 237 

for what causes 239 

minor, alien, or insane 239 

prosecutor against defendant 239 

witness for prosecution. . .- 239 

for bias 239 

may be oral; entered on minutes 240 

to be tried by the court 2^0 

court must allow or disallow 241 

decision to be entered by clerk 241 

effect of allowance 24S, 24a 

ToTrialJaror. 

defined, kinds of. 3S9 

to individual juror dSH^ 

defendants tried together must sever 360 

to the panel, defined 361 

upon what rounded ^ 362 

departnre from forms prescribed by Code of Civil 

Procedure for drawing .... 882 

Intentional omission of sheriff in summoning jurors 

drawn 302 

must be taken before Juror is sworn. 363 

must be in writing 863 

exception to challenge 364 

id. , must be entered 364 

trial of, by court 364'-366 

withdrawal of exception allowed 365 

amendment of challenge 866 

denial of, to be entered 366 

who may be examined on trial of. • 367 

if allowed, jury discharged. 868 

if disallowed, jury sworn • 368 

defendant to be informed of his right to 869 

maybe taken by people or defonduit 370 

peremptory sub. 1, 370 

for cause sob. 2, 870 

must be made before juror is sworn 371 

court may set aside juror 871 

peremptory, defined 873 

number allowed, capital cases 878 

other cases...... 8ub.2, 8,873 

for cause defined 874 

id., is either general or particular !.'.'.'!*.!!'.! 874 

general cauties of, enumerated 875 



INDEX. 273 

CHAIiLENGE—ConKiMieti. asCTiON. 

To TriAl Jnror. 

for conTiction of felony snb. 1. 875 

for want of qaaliflcations prescribed by Code of Ciyil 

Prooedare snb. 8, 375 

particnlar causes of. 376 

implied bias, defined sab. 1* 876 

actual bias, defined .' ^ sub. 2, 876 

for previous formation of opinion 376 

id., when ffround of. 876 

for impliea bias 377 

consanguinity or affinity sub. 1, 877 

bearing certain relation sub. 2, 377 

adyerse party in eivii action sub. 8, 877 

as grana jnror sub. 4, 377 

as trial jnror subs. 6, 6, 7, 377 

conscientious scruples against capital punishment, 

when cause of. sub. 8, 877 

for actual bias, defined 878 

exemption firom service not a ground of. 379 

canaes of, how stated / 380 

implied bias, how stated 880 

actual bias, how stated • . 880 

may be oral • . 880 

must be entered on minutes 880 

exceptions to, and denial 881 

mode of, and proceedings on, same as on challenge 

to panel 881 

may DC amended.... 881 

trial of, bv court 882 

if allowea, juror discharged 882 

luror may be examined on 888 

id., bonnd t-o answer questions 888 

other W (tnesses may be examined 884 

rules of evidence on trial of. 384 

order of taking 885, 386 

order of taking, defendant first 886, 386 

exception on disallowance sub. 2, 455 

exception on allowance 455 

exception on disallowance 455 

minutes of, m judgment roll sub. 3, 485 

in courts of special sessions 707 

id., same as on trial of indictment 707 

CHAXiLENGE FOB ACTUAL BlAS^See CHALLENGE.) 

CHALLENGB TO THE ARRAY. 

of grand Jury, not i^lowed 288 

CHALLENGE FOR CAU8E~(<9ee Challenob.) 

CHAIiLEKGB FOR IMPLIED BIAB^See CHALLENas.) 

CHALLENGE TO THE PANEL. 

of grand j nry not allowed 288 

(See Challenge.) 

CHALLENGES IN SPECIAL SESSIONS. 

same as on trial of indictment... 707 

18 



374 INDEX. 

CHARACTER- SbCTIOV. 
of habitual crimiiial, may be shown by pTOflecvtion 51S 

CHAR6B. 

to be read to defendant in special sesBtons 699 

CHARGE TO GRAND JURY. 

most be deliyered bv court, when 218 

certain sections of the act to beread 248 

or oopy thereof giTon to Jurors 248 

information and instruction in 248 

Tiolatlons of particular statutes need not be specially 
charged 248 

CHARGE TO TRIAL JURY. 

by court, when snb. 5, 888 

must instruct jury that they are sole Judges of fact, if 

requested 420 

exeeptions may be taken to 465 

id., for refusal to charge 455 

erroneous, ground for new trial 486 

CHILD. 

security for appearance as witness may be required by 

magiiitrate 217 

when a yagrant 887 

id., proceecungs against 889 

id . , commitment of. , 888 

complaint against 888 

not attending school 887 

found begging, how disposed of. 893 

CITIES. 

courts in {See Citt Coubts.) 

recorders in, may hold special sessions 88 

J>olice Justices in, jurisdiction 74 
d., salary of, flxea by common council 78 

police in, organization, etc 100 

mayors of, to preserve peace at public meetings 101 

id.,'may command rioters to disperse 106 

id , may command posse eomttatue 107 

recorder may order ont militia, when Ill 

id., may order out militia HI 

f>olice in, to be notified of conviction of habitual criminal. 611 
>ail for felony in 660 

notice of application for, required. 660-671 

district attorney may waive notice 671 

notice, what to contain 571 

Justification of sureties in 571,572 

CITY COURT OF BROOKLYN. 

criminal Jurisdiction of. 26 

id. , same as oyer and terminer in King's county. . enb. 1, 26 

may remand indictment to sessions •. sub. 2, 26 

prosecution of forfeited recognizances in sub. 8, 26 

any one of the judges of, may hold criminal court 27 

CITY COURTS. 

j« ^^^2^?^,^^^^^^^^^^ Sessions in Albany.) 
In Buffalo t^ecSuPEBioa Codbt op Buffalo.) 



} 



INDEX. 275 

CITY COXJKTS—Ctmtimted. SBOnoir. 

in XTtica (See Recorder's Court of XJtica.) 
in Oswego (See Reoorder's Court in Oswego.) 
in Hndson (See Mayor's Court of Hudson.) 
in New York (See COURT OF General Sessions.) 

Siueral provisions relating to 8S 
dictmentfor capital oflbnse in 3S 

id., may send to oyer and terminer 33 

id. , 80 other indictments 34 

indictments found at oyer and terminer or sessions may 

be sent to 35 

may be oonUnned till termination of trial 36 

CITY JUDGE OF NEW YORK. 

may hold conrt ofgeneral sessions 53 

appointment of oflOcers by 56 

may order payment of expenses to poor witnesses 616 

CIVIL ACTION. 

coonsel as in 8 

causes of challenge as in 862, 376 

Juror in, when may be challenged • • 377 

proceedings in, when applicable, rules of evidence as in, 892 

disobeilience to subpoena, punishment as in 619 

where remedy by, crime may be compromised 663 

CIVIL DEATH. 

of defendant in Judgment of outlawry 819 

CIVIL OFFICERS. 

maybe impeached 12 

id., except Justices, clerks, etc 12 

CIVIL RIGHTS. 

forfeiture of, on Judgment of outlawry 818 

how restored -s 824 

CLERK. 

Of Court, Daties of. 

of police justices and Justices of peace, cannot be 

impeached 12 

of oyer and terminer and sessions, is county clerk, 26, 47 

removal of, by general* term 182 

to enter decision on trial of challenge 241 

ofgrandjury, how chosen 250 

id., duty of. 260 

to arraign prisoners 809 

to give notice of bail being taken 405 

to make return on appeal 432 

to ask Jury if they have agreed 436 

to record verdict 451 

to read verdict to jury 461 

to issue bench warrant 800, 476 

to enter judgment of conviction 486 

to prepare and file judgment roll 486 

to receive notice of appeal 622 

to issue subpoenas for defendant 611 

to file retnm on commission 664 

to fhmish copies, fees 666 

(See County Clerk.) 



376 INDEX. 

CLERK OF THE COURT OF APPEALS. SsCTlOir. 
retam to be filed with on appeal 532 

CLERK OF COURT FOR TRIAL OF IMPEACHMENTS 

clerk of senate 15 

to keep seal of said court 1ft 

to administer oath to membersofcoort... ...... ......... 18 

to aifirn process of coort ^ 

compensation of ••• HO 

CLIENT. 

when may be challenged as trial Juror sob. 2, S77 

CLOSING ARGUMENT. 

on appeal, defeniuut entitled to 54(^ 

CODE OF CIVIL PROCEDURE. 

terms of Baffalo superior conrt fixed by. 20 

trial jury to be formed as prescribed in 86S 

challenge to the panel, if not followed SOS 

competency of jnrors determined by 875 

disobedience to sabposna, ponished as prescribed by. . . . 619 . 
commission to inqoire into sanity oi defendant most 
take referee's oatn as prescribed oy 65S 

CODE OF CRIMINAL PROCEDURE. 

titleof : 1 

diYisionsof. 2 

not retroactive in its effect nnless so declared 964 

mean ing of terms ased in.. 9S6-961 

construction of 96S 

to take effect when 96ft 

COMBHSSION. 

examination on 696, 637 

only for non-resident witness^ 636, 637 

denned; contents .* 63ft 

application for ; contents 639 

id., where made 640, 641 

id., notice to district attorney 64% 

order for 643 

stay of trial on 644 

interro^tories, and settlement 645 

id., notice to district attorney of 645 

cross-interrogatories in 64ft 

what may be inserted in 647 

settlement of interrogatories 64ft 

return of, directions as to 649 

how executed 660 

eopy$660tobe annexed to 661 

return of. how made 662, 66ft 

when and how filed 664 

return of by mail 665 

to be open to inspection 66ft 

copies of, on payment of fees 66ft 

to ue read in evidence 067 

objections to 657 

COMMISSIONERS. 

to examine witnesses, duties of. 66ft 



} 



y 



INDEX. 277 

OOICMISSIONEBS OF CHARITIES AND COEKECTIONS. 

Section. 

costs awarded against, how paid 878 

in New York city— to enforce bastardy bonds 881 

begging children, duties and powers asto 893 

may bind ont disorderly minor 910 

approval of support by 914, 915 

security to, for suppoit of poor persons 924 

may assign indentures of apprentices 989 

COMMITTEES OF LUNATICS. 

court of sessions may compel support of lunatic by 39 

COMMITMENT. 

of defendant for examination 19S 

id. , form of. 192 

proceedings after, before indictment. ...» 222-267 

of defendant on conviction 487-489 

COMMON COUNCIL. 

in cities to fix salary of police Justices 78 

COMMON PLEAS, COURT OF. 

Judge of, may hold general sessions 53 

may remit forfeiture of bail : 697 

id . , imposed by special sessions 740 

{See CouBT OF Common Pleas.) 

COMMON PROSTITUTE. 

when avagrant , 887 

COMPliiLLING ATTENDANCE. 

of grand jurors 232 

of witnesses 007-618 

id., how enforced 619 

id., in special sessions '. 729 

of Jurors in special sessions 730 

{See Jurors, Witnesses.) 

COMPENSATION. 

of members of court of impeachment 20 

of clerks and officersof.id 20 

of police justices in cities and villages 78 

id., cannot retain fees 78 

of clerk for copies deposition 206 

of witnesses 394 

id. , on commisBion 656 

none to witnesses and jurors in special sessions 781 

of coroners 790 

of public ofticers for procuring demand trom governor 
for return of fugitive, not allowed 837 

COMPETENCY OF JURUOR8. 

determined 868, 362, 375 

COMPLAINT. 

against person to keep the peace 85 

for warrant of arrest 148 

against habitual criminal .... 618 

for search warrant 703 



S78 INDEX. 

GOKPIiAIKT— CmMmfed Sbctiok, 

against fitther of bastard 841 

against Tagrant 890 

against disorderly persons 900 

to obtain support of poor jtersons 915 

against masters, servants, apprentices 927 

{See IMFO&MATIOK.) 

COMPLAINANT. 

.in special proceedings defined 950 

COMPOUNDING CBIM£S-<i9eeCoMPBOHiSE of Cbikes.) 

COMPBOMISE OF CRIMES. 

misdemeanor may be compromised 66$ 

id., exceptions 663 

how compromise eifected 664 

order of court for discbarge on. 664 

IMrment of costs on 664 

IS oar to future prosecution 665 

no crimes ctin be otherwise compromised 666 

CONCLUSIONS OF FACT. 

juiy mobt find, on special Terdict 44$ 

CONBITIONAIi EXAMINATION. 

of witness unable to give security ■ 8, 219 

cannot bo had of accomplice or prosecutor 220 

when may be had , 620 

in what cases......... . 8, 621 

application for, on affidavit. 622 

what to contain 622 

where to be made 628, 624 

notice of, to district attorney, manner of taking 625 

order for, what to contain .... 625 

id.,may direct manner of taking ... 626 

examination on order for. 627 

when not to be had 688 

testimony how taken 629 

depositions to be retained 680 

whenm^ be read in evidence 631 

when to be excluded 683 

what objections may be taken on reading 638 

attendance of witness may be enforced by subpoena. .. . 634 
disobedience of witness on, how punished. 619, 635 

CONFESSION. 

of defendant may be given in evidence 895 

id , unless made under influence of fear, etc 395 

not sufficient alone, to convict 395 

of vagrancy 891 

by disorderly person sufficient to convict. 901 

CONFIRMATION. 

of seizure of property of absconding parent 928 

CONFRONTING. 

of witnesses with defendant 8 

{See Conditional Exakination.) 

CONSANGUINITY. 

particular cause of Challenge 877 



i 



INDEX. 279 

[ CONSCIENTIOirS OPINIONS. SxcTioir. 

against capital punishment, challenge for 377 

person holding, exempt Arom jury service 377 

CONSENT. 

ofdcfendantforjary to take exhibits, etc 425 

I of district attorney, id 425 

CONSPIRACY. 

evidence necessary to convict of. 898 

what evidence receivable .* 398 

CONST AHr.E. 

is peace officer 164 

may execute warrant of arrest 155 

may execnte beneh warrant 301, 477 

may search habitual criminals 514 

may serve subpcena 614 

to summon Jury in special sessions 703 

may execute Judgment of id 7^ 

may execute ooroner*s warrant 781 

may execnte search warrant 791 

may arrest iVigitive from Justice 829 

may arrest father of bastard 841 

id., vagrants 890 

id., disorderly persons 900 

id. , masters, apprentices, etc 928 

{See Peacb Officbb.) 

CONSTITUTION. 

what courts are within the provisions of, in reference to 
removal of Justices, etc 11 

CONTEMPT. 

Juror acting after allowance of challenge 243 

second application for stay on remoYal of indictment. . . 850 

disobedience to subpoena, criminal 619 

on conditional examination 685 

in special sessions 729 

in special proceedings 952 

% CONTEMPT OF COURT. 

second applioation for removal of indictoient 850 

cidminal disobedience of sabpoana 619 

CONTRARY TO LAW. 

verdict, new trial on 465 

CONVICTION. 

no second prosecution after 9 

court of sessions may review 39 

of iblony, ground of challenge 375 

of habitaai criminal 510, 513 

of master of ibreign vessel, remitting sentence on 674 

of disorderly persons 901, 902 

for public n alsan ce 953 

id., abatement after 953 

^ on confession of defendant, when. 395 

for treason, evidence necessary 896 

for conspiracy, evidence necessary 808 



280 INDEX. 

COKVlCnOS^ConHnued. Sscnow. 

on testimony of accomplice, when 899 

when eyidence InBulncient court may adTise jury to 

acqnit 410 

for crime neceesarily indaded in crime charged in 

indictment, may be had 445 

Terdict of, may be reconsidered 447 

stay of proceedings on appeal 62ft-^28 

baiibelbre 664 

baU after 665, 666 

id. , Judgment of outlawry, on 814-8 18 

on confession of vagrant #. 891 

on confession of disorderly person 901 

certificate of (See Cbrtivicatb.) 

CONVICTS. 

warrant for execution of 491 

insane, inquiry and proceedings . 496 

pregnant female, proceedings 600 

when habitual criminals 510-514 

importing foreign, olTense of. ••• ■ 674 

CORONER'S INQUESTS. 

iury, when summoned 773 
d.. tobeswom 774 

witnesses to be subpcenaed fDr 775 

physician or surgeon at ^ 775 

witness compelled to testifVat 776 

id., disobedience, how punished 776 

yerdict, how rendered 777 

testimony to be written and filed 778 

if defendant arrested testimony delivered to magistrate, 779 

warrant for arrest ofparty charged after 780 

form of warrant 781 

how warrant executed 783 

id., proceedings on arrest 783 

duty of clerk 784 

coroner to deliver money, etc. , to treasurer 785 

id., action to be brought for failure 785 

id., duty of county treasurer 796 

deceased's money to be paid to representatives 787 

supervisors' duty bi auditing coroners' account 788 

special provision relating to M^ew York city ?. 7S9 

compensation of coroners 790 

CORONERS' JUROR. 

ground of challenge, when 877 

CORPORATIONS. 

proceedings against 675, 682 

information against 675 

summons to be issued against 675 

id., form of 676 

summons, when and howserved 677 

examination of charge against * 678 

id., certificate of magistrate , 679 

id., proceedings thereon by grand Jury 680 

indictment against 680.681 

plea to id., how put in , 335, 681 



INDEX. 281 

COSPOBATIONS-GonlimiAf SBCnov. 
oonyiotion of ..^ ftSl 

line on id., how collected «82 

included in term person 965 

CX>KPUS DXUCXL 

most be proved before conviction on confession 88S 

COBRECTION OF JUDGMENT. 

by appellate court, power of MS 

COEBOBORATIOK. 

of testimony of accomplice, what necessary for 189 

COSTS. 

on forfeiture of ball, to be paid on remission 008 

payment of, on compromise of crime 664 

prosecutor may be ordered to pay, in special sessions. . . 719 

id., to be committed on de&ult 720 

in action on bastardy, bond 885 

COUNSEL FOR DEFENDANT. 

matter of ri^ht 8 

time to senafor allowed 189 

may be present at examination 203 

may inspect depositions 206 

may plead on indictment for misdemeanor 297 

not on indictment for felony ... 297 

assignment of, by court 806 

when ground of challenge 877 

must sum up first 388 

may consent to discharge of jury 428 

when notice of appeal may be served on 624 

notice of argument, when 637 

number allowed on argument 640 

entitled to close argument 540 

for corporation indicted 681, 335 

may be present on inquiry into sanity 668 

COUNSEL FOB PBOSECUTOB. 

may be present at examination. 203 

berore magistrate 203 

may inspect depositions 205 

when ground of challenge 377 

{See District Attorney.) 

COUNTERFEITING. 

label of mechanic, etc., offense of. 56 

COUNTS. 

inindictment 279 

COUNTY. 

Fulton and Hamilton deemed one, when 21 

id., courts of oyer and terminer in 21 

id, courts of sessions in.^. 87 

expenses for accommodation of jury, charge against. . . . 428 



282 INDEX 

GOUNTT CLERK. SBCno V. 

U clerk of over and terminer-aad aeisions W, 47 

id., except m New York coonty 25, 47 

is clerk of Albany special aes&iona. , 7'i 

drawing of grand Jorors by 230, 231 

( SC6 Cl«£RK ) 

connty coorte— (jSm Coubts, Cocmtv.) 

COUNTY JAIIi. 

grand Jury to have free acceM to 261 

sheriff to commit prisoner to i8S 

keeper of, to retom list of disorderly persons 908 

COUNTY JUDGE. 

may designate. Justices of sessions 4S 

id., terms of courts of sessions 4& 

may order oat military force .Ill 

asamagisttate 147 

duty of, on inquiry as to sanity of convict 496 

to be present at execution of convict 507 

to sign certifloato of death SOS 

may order conditional examination 03i 

may order commissiod to issue 641 

{See HAGI8TBA . E.) 

COUNTY TREASURES. 

toreceive deposit instead of bail 686 

to give certificate of deposit 586 

to apply deposit if forfeited 589 

to pay expenses of poor witnesses 616 

to receive money, eto., Arom coroner 785 

how to dispose of coroner's receipts 786, 787 

to receive money in bastardy cases 881 

id., except in IsTewYork 881 

COURTS. 

of original criminal j urisdiotion enumerated 11 

of record, enumerated *. . . . . 11 

what not, courts of record for certam pui^ose 11 

Judges of, how removed 12 

when grand Jury to bo drawn for 225, 2*26 

id., order for, to be entered and filed 227 

id., misdescription of title of court in order docs not in- 
validate 228 

may order additional grand Jurors 230 

id., how drawn 231 

id. , in certoin counties may be summoned from bystan- 
ders 238 

may order new grand Jury, when 285 

must allow or di;iallow challenges 241 

must a ppoin t foreman ^ 244 

must charffc grand Jury 248 

natare of charge 248 

must advise grand Jury 262 

indictments must be presented to 272 

may allow amendment, of indictments 293 

may set aside indictment 313 

may allow demurrer to indictment 3.6 

may aUow plea to be withdrawn 837 



. INDEX. 28S 

I COXTETS^ConHnued. Seotiov. 

may remove indiotmeiit 844 

I may allow challenges to trial Jury W» 

may permit additional eyidenoe 888 

may adviso Jury to ac<^idt when 410 

jury not boand by advice 410 

to decide all questions of law 417, 41^ 

may discharge sick Inror 416^ 

may adjourn while jury out 431 

final adjournment, discharges Jury 432 

must give judgment on special Terdict 442 

may grant now trial, when 464 

I may arrest judgment 467 

" pronooncing judgment by. 482 

not to grant reprieve 49& 

may take bail 561 

may issue subpoenas and punish disobedience to 61^ 

may compromise crimes 663 

may d i sm iss action 667 

may give Judgment of outlawry 814 

powers of in special proceedings 852 

for special provisions relating to particular courts.— (Sea 
Titles of tuosb Coubts, Cballbngss, Tbial.) 

COURT OF APPEALS. 

to sit in court for trial of imjpeaohments IS 

governor may require opimons when ^4 

Jurisdiction on appeals nrom supreme court 519-548- 

when appeal may oe taken to 611> 

id., as matter of right 520 

must be taken within year 621 

id , how taken, notice of. 622 

id. , notice of appeal to, how served. .« 622, 623, 624 

stay on, apealed to, how obtained 6a& 

certificate of reasonable doubt bv judge of 62& 

Judgment roll in to be filed with clerk 632 

argument, how brought on in 63ft 

notice of argument In 637 

. appellant to fUmish papers on argument in 638^ 

* id., or appeal may bedisnussed 688 

affirmance by default in 538 

reversal by default not allowed in 638 

number of counsel heard in 640 

defendant need not be present in 641 

technical errors disregarded by 642 

proceedings on Judgment by 643-640 

COURTS, CITY. 

general provisions relating to 8S 
idictments for capital crime to be sent to oyer and ter- 
miner 33 

other i ndictments may also be sent to oyer and terminer, 34 

oyer and terminer may remit back indictments 84 

oyer and terminer or sessions may send indictments to, 86 

may be continued for trial of cause beyond the term. ... SS 

COURT, CITY, OP BROOKLYN. 

jurisdiction defined 26 

by whom held 37 



CaUST, lCATOB*8, OP HUDSOK. SwmOK. 

joriidietkMi deflned by stetote 31 

tobehdd bymayor.... Si 

COURT OF COiaCOK FLBA8» IQSW TOBK. 

judge of; BUI J hold general aeMioiw 53 

111*7 remit forfeitnie of Iwil, etc 697 

ld..b]rspeeUU aearioM 740 

COUBT8, COUNTY. 

eoorto of MMioiu held In same pUioe 45 

may remit forfeiture of depoeit 567 

or nndertaldng of ImuI 507 

kl., bj epeeial aeaAons 740 

Id., application for, how made 506 

Id., when granted, tenns 506 

COURTS OF OYER ASJ} TERHINEB. 

one in each coonty ; 21 

except in Fnlton and Hamilton 21 

Jnrisaiction defined 82 

to inqaire hj grand Jury Into crimes committed or tri- 

ableinconnty 22 

to try and determine snch crimes 22 

to deliver Jail according to law 22 

to try indictments found in courts of sessions, or general 

sessions 2S 

id., or removed from any coort diereto 22 

to exerdse iarisdiction of Indietments transferred 22 

to send indictments fonnd therein to courts of sessions. . 22 

to grant new trials in cases tried therein 22 

to let to bail any person, on any charge before indict- 
ment 22 

eomposition of,conrt * ;.. 28 

in Mew York county 28 

in other counties 23 

wnt or process of, how tested 24 

id., may be directed to an/ county 24 

clerk of county is clerk of. 25 

id., except in New York county 25 

city courts may send indictments to 84 

grand jnry, when drawn for 225 

proceedings in, when sixteen Jurors do not appear. . 280, 231 

indictments may be remoyed from 844 

may grant new trials, when 405 

COURTS. POLICE. 

jurisdiction defined 74 

election of jostices In cities and villages 75 

Justice, mnst take oath of office 76 

id. , how to hold office 77 

id., not to retain coHts or fees 78 

id., salary how fixed 78 

salary cannot be increased nor decreased dazing term. . 78 

COURT, RECORDER'S, OP UTICA. 

JDriediction defined bystatute 81 

to be held by recorder 82 

COURT, RECORDER'S, OF OSWEGO 

Jurlsdiotipn defined by statute ! 81 

to be held by recorder m 



INDEX. 285 

COURTS OF BEOOKD. SxcnoN. 
enamerated 11 

COURTS OF SESSIONS. 

have original oriminal^uriadiotion 11 

oneineach county 87 

Jnrisdiotion limited 87 

classifled 8S 

Jnrisdiction defined 89 

mast send indiotanents not triable therein to oyer and 

terminer 40^ 

maysend other indictments 41 

by whom held 42 

coonty judge may designate jofitice of sessions, when, 42, 43^ 

proccedingsifcoimty Judge 18 disqualified 44 

whenand where held 4& 

county Judge to designate terms of , 45 

to be neld at same place as county court 45 

jurors to be drawn in, when 46 

county clerk, clerk of 47 

id., except in New York county 47 

writ or process, how tested 48 

compensation of j ostices of 41^ 

id., as4io persons giving security to keep peace 89 

gand jury in, when 226 
dictments in, may be removed 844 

may grants new trials, when 468- 

id., only in cases enumerated 465- 

cannot grant reprieve > 495 

cannot suspend execution of death 495 

Judgments of only reviewable by appeal 615 

may order conditional examination 624 

may order examination on commission 641 

may hear appeals lh>m special sessions 749 

may grant stay on id 763 

may afiirm or reverse conviction 764 

may order a new trial 764 

new trial to be had in sessions 768 

may hear appea's in bastardy cases 861 

id., as to fugitives from Justice 835 

Jurisdiction, as to disorderly persons 908, 909 

may compel support of poor persons 915 

may anply property of absconding parent to support of 

fiunily 923 

Jurisdiction as to apprentices 936, MO 

term ^'sessions" includes general sessions 961 

COURT OF GENERAL SESSIONS, NEW YORK CITY. 

continued 50^ 

Jurisdiction defined 61 

divided into three parts 52 

who may hold 53 

when held, and duration M 

accommodations for, how provided 65 

clerk and deputy clerks, how appointed 65 

interpreters, appointed 65 

stenographers, appointed 55 

clerks to act as clerks of oyer and terminer 55 

Judge of 68, 65 



S86 INDEX 

<X>UBT8 OF BFBCIAIi SESSIONS. Sscnov. 

not deemed conrtB of record, when 11 

other than in Kew York and Albany 66 

Inriadiction defined 66 

Inriadiction excloftive 67 

InrisdiGtion limited 68 

inriadiction to try and punish 69 

id., limitations 69 

in Brooklyn, Jorisdiction 60 

in Oswego 61 

to be heldbyonejostice 62 

id., unless otherwise provided 62 

recorder of city may hold. 68 

inNewTorkcity 64, 741 

jurisdiction defined 64 

clerks, stenographers* interpreters, etc., appointed by 

police justices 66 

term of office of appointees 66 

when held 67 

in Albany 68-73 

id., jurisdiction defined '. 68 

id., to be held by recorder and one justice 69 

id., county judge may hold in absence of recorder 69 

id., if both absent, elerk must adjourn -. 70 

id., officers, number and how designated 71 

id., clerk of Albany county is clerk of. 78 

Id., to be held every Tuesday V3 

Proceedings In. 

charge to be read to defendant 699 

he must plead thereto 699 

the plea, and how put in 700 

court must try issue unices defendant demand jury. . 702 

jury how summoned 703 

returning list ofjury 704 

failure to return jury list, how punished. 709 

proceedings on drawing 706, 706 

challenges to panel or juroi-s 707 

id . , same as on Indictment for misdemeanor 707 

Id., to be tried by the court 707 

talesmen when and how ordered 706 

Jury, how constituted- 710 

id., oath to be administered 711 

trial how conducted 712, 718 

verdict how delivered 714 

discharge ofjury without vei'dict, when 716 

id., re-trial in such cases 716 

juagment of fine and imprisonment 718 

id., extent of 718 

acquittal, proceedings on 717 

prosecutor may be ordered to pay costs 717 

Judgment for costs 790 

conviction, certificate of, form 721, 722 

id., to be filed in clerk's office 728 

id. , conclusive evidence of facts recited 734 

Judgment by whom executed 726 

fine by whom received 726, 727 

fine to be paid into county treasury 728, 727 

punishment for neglect to pay fine by 728 



! INDEX. 287 

s 

OOUBXS OF SPECIAL SESSIONS— Confimiai. SBOnoK. 

Piroceedlngg In. 

sabpcenas iasaed by ooiirt 789 

id., disobedience how pnnished .' 739 

Jurors punished for non-attendance 730 

fees, none to j uror or witness in 781 

preliminary examination when dispensed with 732 

defendant may be eonunited, etc 733 

commitment of prisoner, form 734 

sentenceof, by whom execated 735 

defendant may be bailed in 736 

bail, how and by whom taken 787 

. undertaking in, form of. 73S 

1 id., when forfeited, action on 739 

' id., Ibrfeiture, how remitted 740 

Appeals From.' 

judgment reriewable only on appeal. 749 

Ibr what causes allowed. 760 

how taken 751 

allowance of byjudge 792 

discharge of defendant on 763 

stay of proceedings on 768 

undertaking on stay to be filed 758, 764 

aflSdavit ana allowance to be deUyered to magistrate. 755 

when appeal deemed taken 766 

return, how and when made 756 

retm-n, howcompelled 757 

amended return on 758 

how brought to argument 769 

dismissal of for faunre 760 

service of return on district attorney 761 

dismissal of for failure to serve 761 

argument 762 

to DC heard on original return 763 

what Judgment to be rendered 764 

judgment to be entered on minutes 766 

proceedings on affirmance 766 

reversal, proceedings on 767 

I - new trial on, where had. 768 

proceedings on, to carry judgment into effect to be 

had in coort of sessions 709 

appeal Item judgment of affirmance 770 

ballon 770 

judgment of supreme court on, final 771 

proceedings on 772 

{See Albany Special Sessioks; New York 

Special Sessions, infra.) 

COTJBT OF SPECIAL SESSIONS, ALBAlTr. 

jurisdiction defined 68 

oench warrant in 68 

held by recorder and ju&tice 69 

county judge may hold, when C9 

clerk may adjourn court 70 

ofiicers of, number and designation 71 

clerk of Albany county is derk of. 72 

when and where held 78 



288 INDEX. 

« 

OOUBT OF SPECIAIi SESSIONS, ALBASX— Continued 

Prooeedings On. Section. 

how court to proceed 741 

trial, if d^ndant reqoests 742 

or omits to give bail 742 

if Jury demanded, proceedings 74S 

no Jury trial 744 

sabpoBnas for witnesses 745 

lines to be received by clerk 746 

orshcrift. 747 

transcript of conTiotion need not be filed 748 

copy of minutes conclusive 748 

(act amending, see cli. 864, Laws of 1881 

GOimT OF SPECIAL SESSIONS, NEW YORK. 

jurisdiction defined 64 

officers, lio w appointed 65 

terms of office 66 

when held 67 

C50TTBT, SUPEEIOR, OF BUFFALO. 

jurisdiction defined 28 

bywhomheld 29 

at least four terms of. 30 

COURT, SUPREME. 

impeachment and removal of Justice of........ 12 

Insticeof, may hold o^er and terminer 28 
d., may order out militia, when Ill 

general term of may remove justices, etc 132 

Justice of is a magistrate . . 147 

may remore indictment 346 

may stay trial for that purpose 347 

id. , must indorse decision on papers presented 848 

must cause papers on stay to be filed 318 

second application not allowed 349 

proceedings on removal of indictment by 351 

not to grant reprieve 495 

not to suspend execution of death penalt}^ 495 

duty on inqnii7 going as to sanity of convict 496 

may issue warrant for arrest of person sentenced to death 

after time fixed for execution has passed 603 

id. , defendant to be brought before general term 603 

id. , proceedings thereon 504 

appeals to, by aefendant 617 

appeals to by people 518 

appeals from, to court of appeals 519 

all appeals matter of right 620 

appeals in, to be taken in one year 621 

appeals from and to, how taken 622, 525 

appeal by people does not stay proceedings 526 

certificate of reasonable doubt operates as stay 627, 628 

stay to be granted on notice, when 629 

effect of stay 630, 681 

judgment roll on appeal to, where filed 632 

appeal to, how brought to argument 636 

notice of argument in ...637 

appellant to furnish papers in, on appeal '..*..*.*.*.' .'.'.'.'.'.* .'.*.* 638 



INDEX. 289 

GOUBT, SUPBEME— OontteiMd. SxCTioir. 

proceedings therein 638} 540 

defendant need not be present on argnment of appeal. . . 541 

1a(U;inent ^ 54*2, 549 

Daifmay be taken by, when 660-559 

id., proceedings on taking 654-^77 

indorsement by, on subpoena 618 

may order conditional examination 624 

may issue commission 641 

appeals to,fh>mcoarii of sessions, on judgment of special 

sessions 77o 

appeal in special sessions 770 

appeals to, on Judgment of special sessions: , . 770 

Judgment of, final r 771 

id. , proceedings thereon 772 

{See Magistrates.) 

COURT FOR THE TRIAL OP IMPEACHMENTS. 

Jurisdiction defined 12 

how composed 13 

presiding Judge..... 14 

clerks and ofiicers.. \ . . . 15 

sealof the court 16 

time of holding 17 

oath to members 18 

no member to act till sworn 18 

adjournments •. 19 

writand process 20 

compensation of members 20 

proceedings on trial 118-181 

articles of impeachment 118 

id., copy to be served on defendant 119 

id., service, how made 120 

id., proceedings on default 121 

if defendant in, appears he must ans\^er 122 

objection or denial in by defendant. . . . .' 123 

id., proceedings thereon 124 

two-thirds necessary to convict in 125 

resolution of judgment in 126 

id. , on adoption oecomes Judgment 127 

nature of Judgment by 128 

oflicer impeacned not to act. 129 

impeachment of president of senate 130 

judgment no bar to prosecution iSl 

CRIME. 

no ponishment for, but on conviction d 

must be prosecuted by indictment 4 

id., exceptions to rule enumerated 4 

proceedings to pumsh, defined. 5 

{See Ckimival Action.) 

party prosecuting, plaintifT 6 

party charged with, defendant 7 

rights of defendant 8 

{See Defendant.) 

no second prosecution for 9 

defendant not to be unnecessarily restrained 10 

19 - 



390 INDEX 

CBXKR—Conikmed. SsCTiOK. 

JmiBdiotioxi of Courts. 

courts hftTingr jurisdiction of. 11 

cognizable by over and terminer 22 

by city court of Brooldyn 26 

bysnperior court of Bui&lo 28 

by other ciu* courts Zi 

by courts of sessions 89 

by court of general sessions 51 

by courts ofspecial sessions 56 

excluslTeJurisdiction over 57 

by specialsessions KewTork 64 

by special sessions Albany 08 

by police courts.... 7i 

Prerention Ot 

resistance to commission of 79-81 

how prevented 82 

secnnty to keep the peace — '. 84-99 

impeachment, not a bar to prosecution for 131 

Local Jurisdiction Of. 

person leavina: state with intent to commit. 138 

committed in two counties. 134 

on or near boundary line 135 

on vessel or railroad 137, 138 

libel in newspaper 138 

when within foreign jurisdiction 139 

determination in another county, a bar 140 

Limitation of Actions For. 

murder 141 

otiier crimes 142 

if defendant absent from state 143 

when indictment deemed found 144 

Information. 

"information" for, defined 145 

" magistrate ' ' defined 146 

id., '^enumerated" 147 

Warrant of Arrest for— (^Siee Wabrant of Asbbst.) 

Examination Oi^See Ezamikatiov.) 

Indictment For. 

libel, indictment 289 

forgery 290 

pei^uiy ,. 201 

(See Indictment.) 

Trial For. 

treason, evidence required 896,397 

outlawry on condition 814-826 

conspiracy 7 898 

on testimony of accomplice 899 

on confession of defencKint 896 

{See TiCiAL.) 






INDEX. 2»1 

CRIME— ConKmittl. Sbohom. 

Bail Of. 

punishable with death not bailable 658 

other cases 668 

{8m Bail.) 

Compromise Of— {See Compbomisb of Cbimbs.) 
Appeal— Hfite Appeal.) 

CRIMINAL ACTION. 

defined • .«•• 6 

Earties to, how dcsi^rnated 7 

ow prosecuted 6 

defendantiu entitled to speedy trial 8 

Ic, entitled to counsel in 8 

to produce witnesses 8 

defendant id., no4 compilable to testify.. 10 

courts havingr jurisdiction of. 11 

id., presum^ innocent until contrary be proved 889 

Time of Commencing 142 

in murder cases 141 

when defendant absent from state 148 

when deemed commenced. 144 

Jurisdiction Of. 

person leaving state to commit crime ,* 138 

crime committed in two counties 184 

on or near boundary of counties 135 

onboard yessel or railroad 136, 137 

libel in newspaper 138* 

crime wilhin foreign jurisdiction 139 

' within jurisdiction of another county 140 

id. , when a bnr 140 

arrest in— (See Arre t.) 
examination in— (See Examination.) 
indictment in— {See indictment.) 

Bemoval Ofl 

writs fbf removal abolished 843 

how removed 844 

id , application and order 346, 848 

stay ozproceedings on 347 

proceedings on order for 360, 863 

Trial Of— {See Trial.) 

Bail In— (iS!ee Bail.) 

Appeals— (^ Appeal.) 

Appeals In. 

writs oferror and certiorari abolished •• 616 

mode of reviewing judgment in 616 

appellant defined. 616 

respondent defined. 616 

title of, not changed on appeal • 616 

Arrest in— {See Arrest.) 

Examination— (fiSee Examination.) 



993 INBBX. 

Indictmeni^gBg iHDicnuorr.) 
Trial— (See TUAi.) 



fiuhire to indiet 067 

on fUlnre to try indictment GB8 

when ordered MS 

court may order continnance fi»r canae 60^ 

defendant discharged on 670 

bail exonerated, deposit refiinded 670 

conrt may order on ii» own motion 671 

on motion of district attorney 671 

Molfe/wtMegiii abolished 67^ 

none other than provided herein 672 

bar to bccond proeecntion, when 67^ 

not bar if offense be felony 67S 

CSDflKAL CONT£lIPTS-(AeeCoBTBMPT.) 

dUMIHAL. HABITUAL. 

when conyict may be aiUiidged. 610 

indgment, how entered 511 

id.,copy oC; to be circulated 611 

liability of,to arrest 512 

■nmmary arrest of 512 

as disorderly person 612 

in pooo cs sion of dangerooa weapons 512 

nndwr sn^jciooseircnmstances 512 

evidenee of character of. 51S 

may be described as, in indictment etc 613 

premises of, may be searched 614 

CRIMINAL STATISTICS. . 

district attorney to fiimish statements to clerk 911 

clerk most transmit id., to secretary of state.'. 942 

clerk most also send additional statement 94S 

mnst send copies special sessions conviction 944 

sheriff mnst report convictions to secretary 94X^ 

what sheriff report must contain 945 

id., additional report its contents 946^ 

form of reports required 947 

conseonence of neglect to report 94ft 

regarding provisions to be published 949 

{See Habitual Criminals.) 

CBUELTT TO AlOMALS. 

offense, Jurisdiction of special sessions 6ft 

exclusive Jurisdictton over 67 

CUMULATIVE EVIDENCE— ('Ste 466.) 

CUSTODY. 

retaking after escape or rescue trom 16ft 

didcharge from, on ball , 192 

commitment to, on examination 80ft 

or witn ess 218 

defendant in, may be brought in for arraignment, i SBft 



INDEX. 298 

CUSTOOY— OMifJiNieci. Sscnov. 

on bail may be committed to aotoal, wben 908 

discharge nom, on settiiig aside indictment S17 

detention in like case 818 

discharge Arom, on allowance of demurrer S28, 329 

removalo^ on removal of indictment SS2 

discharge m>m, on discharge of jury 4M, 409 

after verdict 402, 4fiS 

on deibnse of insanity 464 

on arrest of judgment 470 

in QMciai sessions— (iSTm Courts, 06.) 

[See Bail, Appeal.) 

D. 

DANGEROUS WEAPONS. 

carxying ot by habitual oriminal SIS 

searching person charged with felony for 

DEATH. 

of witness, deposition read, when....... 8 

warrant for execution 491 

of surety in undertaking of bail 699 

id., defendant may be recommitted after 609 

incmestin case of sudden 773 

under suspicions circumstances 773 

by suicide 778 

. likely to result firom wound 773 

QivU, in cases of treason 819 

DEATH PENALTY. 

conscientious scruples against, ground of challeBge 877 

id., Juror cannot be compelled to serve 377 

warrantfor execution 491 

time of execution 498 

incasesof, papers to bo sent to governor 493 

id., governor may consult judges 494 

id. , governor only can reprieve ' 496 

insanity of convict, proceedings on • 496-499 

{>regnancy of X^male convict under 500 
d . , proceedings on 500-609 

when day of execution has passed, proceedings 60S 

id., court to inquire and direct execution 504 

mode of punishment 506 

where inflicted 606 

who to be present at 607 

eertificate of execution of ■ . . .^ 608 

when execution may be in adjoining county 609 

{See JudomentT) 

DECISION. 

of law, defondant may except to 419, 466 

of Judge on applioatior. for bail, final, when 663, 666 

DEFAULT. 

Judgment of affirmance by, on appeal 647 
ndgment of reversal by, not allowed 617 
d., appeals ft-om special session 709 



294 ~ INDEX* 

DEFECriTE VERDICT— <48!ee Vbrdigt . ) SscnOH* 

DEFECTS. 

in Judgment, court may order new trial Ibr iBS 

(iSteJUDGMSMT.) 

DEFBin)ANT. 

in criminal action, defined 7 

Bights of. Generally. 

to speedy and pablic trial 8 

to counael 8 

to prodaoe witnesses 8 

to ue oonflronted with witnesses 8 

to cross-examine witnesses 8 

to defend in person .* 8 

not subject to second nrosecation 9 

noltoteAtifv against himself 10 

to be brought before magistrate 16& 

unnecessary restraint 10, ITS 

to be admitted to bail— (5ee Bail.) 
on arrest— (See Arrest ) 

to be informed of cause of arrest. ITS 

to move to 8et aside indictment 818 

to demur or plead 321,832 

to have indictment removed 138, 843 

on Joint trial must sever challenges 300 

to be acquitted on reasonable doubt 38^ 

g resumed innocent 380 
> te^tify^ in his own behalf in alt cases 883 

confession of, when receivable in evidence 895 

must bo connected with crime 880 

may be convicted of crime include<l in charge Wr 

must be remanded on special verdict and conviction, 463 

to take exceptions, when..... 45(^ 

to exceptions 455 

to new trial 465 

to new trial, when 465 

to move in arrest of Judgment 46T 

sentence to death of, how reprieved 485 

to appeal # 51T 

need not be present on argument of appeal 641 

to give bail 550 

may surrender himself if on bail 590 

on bail, may be re committed, when 306, 422, 590 

to have subpoenas issued 611 

to conditional examination of witnesses 620 

insanity of, inquiry into 496, 658 

commission and proceedings on 408, 659 

to have commission for witqesscss 659 

in special sessions 740-TTI 

Before Magistrate— ( Ste Examination.) 

On Trial, After Indif'troent— (^•00 Trial.) 

On Appeal->(5ee Appeal.) 

DEFENSE. 

of insanity, how presented 836 

id., verdict on, to stale fact , 454 

{See pLEAOixa.) 



f 



INDEX. 2d5 



DBFINITIONS. SbcTIOZT. 

crimiiiHl action 6 

I magistrate 146 

challenge to the panel... «. t 361 

peremptory challenge ^2 

I challenge^ peremptory 372 

! challenge lor cause 874 

bias, implied 376 

actual bias '. 876 

I genei*al yerdict 437 

verdict, special 438 

newtrial 462 

^ motion in arrest of Judgment 467 

m prison 506 

nabitnal criminal 510 

respondent. 516 

appellant 616 

admission to bail 550 

bail, taking of. 661 

magistrate in bastardy cases 842 

complainant in special proceedings 950 

defendant 7, 950 

peace oflicer 154, 960 

Of Terms. 

** persons >' inolades corporation 966 

" wridng.'Vprinting 956 

"oath," affirmation 957 

" signatore,'* mark 958 

'^magistrate" 959 

"peace officer" 164, 960 

** court of sessions " Includes general sessions. 961 

DEGBEES. 

crime consisting of different, verdict in cases o£ 444 

p DELAY. 

person arretted to be brought before maglstnite, with- 
out unnecessary .» 166 

H DEMAND. 

of trial by Jury in special sessions 702 

of return of fugitive by governor 836 

no fees to officer for procuring id., on 837 

DEMURRER. 

to indictment, when put in 822 

grounds of. 328 

now put in 324 

when disregarded 824 

when heard 325 

Judgment on, to be entered 326 

judgment must allow or disallow 326 

id., when final 827 

resubmission after allowance of 327 

^ proceedings after allowance of 827-829 

pleading after disallowance of, efllsct of failure to plead 

over 830 

what objections must be taken by 831 



396 IKDBX. 

DEPABTURE. flSCnoV. 

from forms of pleading invalidates, when 884 

from form of proceedings invalidates, wlien 684 

DEPOSIT INSTEAD OP BAIL. 

reifa nded on arrest of Jadgmen t 470 

when and how made 086 

oertiilOHte o^ discliarge on 453» 475, 686, 506-8 

after bail 587 

bail after 588 

application of. if fbr&ited..... 589 

sorplas of, reftoded....^ 569 

surrender after 690 

to be refunded on surrender by bail 592 

mode of obtaining return of. 692 

forfeiture of, cases 693 

how dischanred 594 

howcMsposed of on forfeiture 696 

remission of forfeiture of. 697 

defendant mav bo recommitted after 599 

in what cases ny whom 699 

contents of order , 60O 

arrest thereon 601 

proceedings on arrest 602, 603 

new bail may be taken 608 

by whom, form of. 604, 606 

howpntin 606 

by insano defendant -660 

refhndedon dismissal of action 670 

DEPOSITIONS. 

of witness for people when read on trial 8 

on examination befbre magistrate 194 

to be read to defendan on examination 194 

on examination before magistrate 804, 908 

to be authenticated 204, 208 

form and nature of 204, 20S 

how kept and inspected 205 

defendant entitled to copies of. 200 

to be returned to trial court 221 

on conditional examination, as evidence 631, .632 

objections to.... 683 

DESCRIPTION. 

of offense in warrant 151 

id. , on in d ictment ',, 27A 

in indictment, of person '. 281 

in warrant, etc., of habitual criminal 513 

(See Misdescription.) 

DISCHARGE. 

ofdeflBndant after Judgment on appeal 545 

on dismissal of action 670 

DISOHARQE OF JURY BY COtTRT. 

whenit has no jurisdiction of crime 402 

when fbcts charged constitute no crime 408 

on failure to agree , . . . 425 

id., in special sessions 712 



INDEX. 297 

f 

I PISGBETION. Sbctiov. 

bail, matter of^ when fiSS 

id.,oiiappeal 665 

DISMISSAL. 

of charge by grand jury, effect of 270 

of appeal ... 7 ....:. 633, 634 

of oriminal action, when ordered 667 

before indictment, afker.id 668 

order for 673 

DISMISSAL OF ACTION. 

for want of prosecution...- 667-669 

after indictment 668, 609 

discharge of clcrendant on 670 

exoneration of bail, etc 670 

by court in furtherance of Justice 671 

noi.pros. abolished 672 

bar to further prosecution except in cases of felony 073 

DISORDERLY PERSONS. 

convictions of, reviewable by courts of sessions 89 

classified and defined 899 

complaint against 900 

warrant against 900 

proceedings against 900 

security required Arom 901 

id., form and nature of. , 901 

if security given for, to be discharged 902 

conviction of 902 

certificate of id., form 902 

id., constitutes record of conviction 903 

punish ment of 903 

undertaking of, when forfeited. . 904 

id., how prosecuted, proceeds 905 

new surety may be required for 906 

when committed, how discharged 907 

keeper of prison to return list of. 908 

examination by court of sessions in cases of. 909 

court of sessions may discharge, when 910 

id., may order confinement 911 

employment to be provided for, on conviction 912 

expenses of id 912 

sale of labor of 913 

proceeds of id., to be accounted for 913 

OIBQUALIFICATION. 

justice of sessions, appointment in place of. 43 

coun^ j udge, proceeaings to be transferred 44 

f grand juror 239 

of trial juror 376,376, 877 

J[)ISTRICT ATTORNEY. 
Duties Of. 

to inform court of breach of undertaking to keep 

peace 98 

incases of riots 115 

to advise grand jury 262 

to attend grand jury , 263 

to have access to grand jury • 26A 




996 INDEX. 

DISTRICT ATTOBNEY—ConMimfti. SBCHOH; 

Daties Ot 

to arrai|^ I>ri80]ien 800 

on application for removal of indictment. S46 

to open case on trial 3d8 

whencoort hasnotjarladiction 403, 400 

to attend un comroiasion on insaolty 497 

to appl J for warrant on deatb eentonce SOS 

to sign certificate of ezecntion 608 

on applicittiou ; for stay of proceedings 629 

id., lor bail, in cities 660, 671 

id. . for bail on appeal 684 

to oriD ff action on forfeited undertaking 6tf7 

on application ; for remission of forfeiture of bail . . . 608 

id., for conditional examination 025-628 

id., for coromiasion 642-619 

Id . , for pardon 605-696 

to apply for oatlawry 814 

on arrest of ftigitiye A*om justice 838 

to enforce bastardy undertakings 881 

to furniflU criminal statistiGa 941 

Powers and Rights of. 

may be present at examination before magistrate. ... 908 

may inspect depositions taken 205 

may appear before grand jury, except when rote is 

being taken 264 

may issue bench warrants 68, 309 

may consent that Jar> take exhibits 425 

may consent to discharge of jury 428 

may waive notice of application fbr bail 671 

may examine sureties on oath 673 

may issue subpoenas 609-610 

may move for dismissal of action 671 

may not not. proB. action 673 

on appeals from special sessions 769-762 

Notices To. 

on application, for removal of indictment 848 

on return of Jury for information 427 

on application for arrest of Judgment 469 

of conviction of habitual criminal 611 

of appeal 628 

on application ; Ibr stay of proceedings 639 

id., tW bail in cities 669-671 

id., for bail on appeal 684 

id., ior suirender of bail 692 

id., for conditional examination. 626 

id., for commission. 642, 646 

id., fbr pardon 696 

DIVISIONS. 

of this Code » 

DOCKETING. 

of transcript judgment of outiawry • 890 

OB. 

outer, etc., may be broken.. 176, 178, 799 



^ 



INDEX 2I&9 

DOtTBT. Section. 

Jury to convict 01 ^owest degree in cases of 390 

reasonable, defendant to be acquitted on 389 

certificate of, on appeal, operates as stay 627, 62& 

{See Rbasonablb Doubt.) 

DRAWING. 

of grand Jury) when 226-227, 232^ 

irregolaiities in, groond of challenge 288- 

DU£LLIN6. 

offense against laws of, jurisdiction 18S' 

DURESS— (iSe6 Confession.) 



BLEOTION. 

of defendant, trial at special sessions 69, 211 

of separate trials 391 

EMBEZZLED PROPERTY.— <5ee Property.) 

ENTITLING AFFIDAVITS. 

in criminal actions 68$ 

in special proceedingB not necessary 961 

ENTRY OF JUDGMENT. 

soificient warrant for conviction 486 

copy to sheriff on conTiction 486; 

id. no other warrant necessary 486 

to he deliTeted to keeper of prison 48& 

ERRONEOUS NAME. 

in indictment, effect of......... 277 

on arraignment ....•..,. 31<> 

ERROR 

writs of; abolished 615- 

technical, disregard ed on appeal 64^ 

do, in pleadings, effect of. 684 

do, other proceedings 684 

ESCAPE. 

officer may use force on attempt to 174 

defendant may be retaken after at any time or place in 

state 18ft 

onter door may be broken, etc 18T 

ESTATE. 

of absconding parent applied to snpport of tkcaUy—iSee 
Poor Persons.) 

of convicted traitor forfeited 81^ 

{See Escheat, OuTULWRr.) 

XVIDENCB. 

berore magistrate, oblcctions to 204 

receivable ny grand jury 266» 266- 

id., not bound to hear defendants S67 



300 INDEX. 

EYIDEKCE— CofKi»«e(i SbcTIOV. 

on what, indictment should be found •*. 2S8 

on trial of challenges 884 

mles of, prescribed S9t 

same as in civil cases, except as herein provided 399 

confession, when receivable as 395 

id., not safficient alone to convict 895 

on trials lor treason, what necessary 396 

id., must correspond with allegations 397 

conspiracy, what receivable on trial for 398 

necessary to conviction for conspiracy 898 

of accomplice to be corroboraled 399 

id., what.corroboralion necessary 399 

if Insafficient, court may advise acquittal 410 

when court deems insufficient to convict 410 

in personal knowledge of juror 413 

pi4>ers and exhibits may be taken by jury 425 

id., ^0 notes of testimony taken by them 425 

exceptions to testimony 455 

received out of court by Jury, new trial for 465 

cumulative 465 

of character of habitual cri minal 513 

depositions on conditional examination... i 631 

id., when excluded, objections to 632-483 

deposition, objections to 633 

on action ou bastardy bond 883 

(See Commission, Conditional. Bxamination, Examina- 
tion ON Commission, Witness.) 

EXAMINATION BY MAGISTRATE. 

defendant to be Informed of charge against him 188 

id., of his right to counsel 188 

time to send for counsel on 189 

officer rec^^uired to carry message to counsel. 189 

examination to be had unless bail given 190 

must be completed atone session... 191 

adjournments regulated 191 

defendant to be committed on unless bail be given 192 

form of commitment 193 

depositions to be read to defendant 194 

witnesses to be subpoenaed 194 

id., must be examined in defendant's presence 195 

id., may be cross-examined by him 195 

statement may be made by defendant 196 

waiver of statement, note of 197 

statement, how taken 198, 199 

id., to be reduced to writing 200 

id., to be authenticated . 200 

id., form of authentication 200 

defendant's witnesses to be examined 201 

no witnesses to be present at defendant's examination. . 203 

witnesses may be excluded and kept separate 202 

at request of defendant public excluded 203 

testimony to be reduced to writing 204 

id., authenticated, form of and contents 204 

depositions to be kept by magistrate 205 

Sublic not allowed to inspect 205 
efendant entitled to copy on payment of fees 206 



INDEX. 801 

XXAMINATION BY MAGISTRATE— Con^Mived. Section 

defendant discharged, when 20T 

Indorsement of discharge 207 

defendant to be committed, when 20& 

Indorsement of committal 208 

Id., form oil when crime not bailable. 20^ 

id.,formof, when bailable 210 

defendant to choose how he shall be tried 211 

id., proceedings thereon 211 

order for bail on commitment, form of. 213 

form of commitment of defendant 214 

id., when to be made 213 

witnesses mav be bound to appear. 215 

id. , secnrity for appearance 21^ 

id. , infants and married women may be bonnd 217 

id , reflising must be committed 21S- 

id. , if unable to furnish security testimony may be taken 

conditionally 219 

id. , does not apply to prosecutor or accomplice. 220- 

magistrate must return depositions to next court, with 
statement and undertakings 221 

EXAMINATION, CONDITIONAL— (^te CONDITIONAL EXAMI- 
NATION.) 

EXAMINATION ON COMMISSION. 

trial to be stayed 644 

execution of commission, proceedings on 646 

cross interrogatories 646, 647 

interrogatories and settlement 645, 617, 648 

direction indorsed on commission 619' 

copy of j 660 to be annexed to commission 651 

how returned 652,653, 655 

id., by mail 655- 

when and how filed 654, 655 

return open for inspection 656 

may be read in evidence 657 

objections to, how made 657 

EXCEPTIONS. 

to challens[e 864, 365, 3S1 

on trial of Indictment 419, 455^ 

what allowed 419, 4>5 

bill of, how settled and filed 456- 

must be settled at trial 4'>7 

or noted in writing 457 

how settled after trial 4'>8 

to be served on district attorney 458 

who may serve amendments. 458 

settlement of. 459- 

time to prepare enlarged. 460^ 

elTect of not serving 461 * 

effect of not serving amendments 461 

(See CiiALLExaES.) 

EXCLUSIVE JURISDICTION. 

of special sessions in wifat cases 57 



302 INDEX. 



JBXBCUTION. Section. 

Jadgment is aathority lt>r 486 

id., no other warrant neoesaary........ ......,.•..»« ....... 486 

commitment of defendant r 4817 

sheriff's duties in 488, 489 

id., his aathority defined 490 

td., may re-take prisoner ^ 490 

id., may cali on citizen lor aid 400 

id., panishment for refhsal to idd 490 

warrant for punishment of death ; 491 

id., how made, aad what to contain 491 

time of, fixed 4tt 

duties of presiding judge 493 

id., to transmit statement to governor 493 

governor may reqaire opinion of Judges 494 

id. , of attorney-general 494 

reprieve or suspension of 496 

id., whomaygranti 495 

id., when sheriff may 495, 496 

id., does not apply to stay of proceedings 495 

id. , nor writ or error or appeal 495 

insanity of convict, proceedings on ....;.. 496 

id. , duties of sheriff in such case 496 

id. , Jury to examine sanity 496 

id., district attorney, duty of 496, 497 

id., inquisition of Jury to oe signed 498 

id., proceedings in 499 

id., sheriff may suspend execution 49S 

id., must transmit inquisition to governor 499 

governor's duty 4'J9 

female convict, pregnancy of 500 

J)roceedings in 500 
ury of physicians..... 500 

who qualified as Juror 600 

inquisition, how made 501 

fiheriff may suspend execution 60] 

must transmit inquisition to governor 502 

governor's duty 602 

when day of execution has passed 503 

court or justice may order prisoner before them 503 

warrant for arrest may be issued 503 

court to make inquiry, proceedings 504 

may issue new warrant of execution 504 

must be bv hanging by neck 505 

within prison walls 506 

what deemed prison 606 

sheriff's duty 507 

who to be present at 507 

id., physicians and citizens 607 

id., ministers, priests, and clergymen 507 

id., relatives or prisoner 507 

id., officers, etc 607 

id., no other persons to be present 607 

certificate of execution 508 

id. , slicrjff to prepare and sign 508 

what to contain 608 

who else to sign 608 

to be filed in clerk's office 606 



* INDEX. 803 

> 

SXBCUnON— ConHftued. SBCTioir. 

I proceedings where no county Jail 609 

I sentence may be executed in contiguous county 609 

I of judgment of appellate court 7 646 

* on corrected judgment 646 

' of judgment, stay of. , 626,627, 628 

E&£MPnON. 

' of magistrate indorsing warrant 848-167 

f firom Jury duty, not ground of challenge 379 



EXHIBITS. 

of evidence, jury may take 425 

EXONERATION OF BAIL. 

on arrest of iudgment. 470 

on Judgment on appeal 645 

of insane defendant 660 

on dismissal of action 670 

iSeeBAiJj.) 

EXPENSES. 

of accommodations for Jury 423 

of poor witness, how paid bl6 

of securing fUgitlTes from Justice 836 






P. 

TACT. 

jury sole Judges of. 419, 420 

issue o£—{8ee Issue of Fact.) 

Jury must And conclusions of 447 

FATAL INJURY. 

dei'endant charged with inflicting, cannot be bailed. . . . 652 

FATHER. 

absconding leaving family destitute — {See Parent.) 
^ of bastard absconding 860 

FEAR. 
^ confession made under influence of, not receivable In 
F evidence : 886 

FEES. 

police justice not to retain 78 

of clerk for copies of depositions 206 

of witnesses 394 

of poor witnesses : 616 

in special sessions 731 

FELONY. 

arrest on charge of. 158 

arrest may be made in night time 170 

arrest may be made without warrant 177 

arrest on suspicion of. 179, 188 

I defendant must be present on arraignment for 297 

k conviction for, ground of challenge. . 376 

^ separate trials on joint indictment 391 

id. , on jury returning for instruction 4-27 

id., on trial for 297, 427 



Wi INDEX. 

TELOJUY^^ConHnued. SBCircm. 

id . » On rendering verdict 434 

id., il' not, new trial may be ordered 4(>5 

id., on rendering of Judgment for .' 473 

habitoal criminal defined 510 

Slav of conviction on appeal. 529 

bail on charge of, discretionary 553 

by magistrate 557 

ball, after indictment for 579, 580, 55S 

bail for, in cities, notice required 5<>0-571 

id., form of 581 

id., qualification and Justification of. 582 

cannot be compromised 663 

crime committed with intent to commit 663 

dismissal of action for, not a bar 67% 

FSMA^B. 

{pregnancy of convict 600 
d., proceedings thereon 601 

id., governor may commute sentence 60^ 

{See Mar&ixd Woman . ) 

FILIATION. 

order of, in bastardy cases 850 

FINAL ADJOURNMENT. 

^ of court discharges Jury 4SS 

FINDINQ OF INDICTMENT— (.Ste Ikdictment.) 

FINE. 

Judgment for, may direct imprisonment 484 

extent of imprisonment in place of 484 

execution orjadgment imposing 487, 488 

when deposit to oe applied to payment of. 689 

against corporation, collection of. 682 

extent of, in special sessions 717, 718 

to whom paid 726, 727 

FOREIGN CONVICTION OR ACQUITTAL. 

bar to indictment when 139, 140 

FOREIGN VESSEL. 

conviction of master of, punishment may be remitted. . . 674 

FOREMAN. 

of grand Jury, appointment of. 244 

id, oath of 245 

id., to swear witnesses 25St 

id. , must sign indorsement on indictment 2()8, 209 

id. , must present indictments 272 

of trial Jury to announce verdict 436 

FORFEITURE. 

of deposit— (;9ee Deposit). 

of undertakins: of bail— (5ee Bail). 

ofproperty of outlaw 817 

FORGERY. 

indictment for, when instrument destroyed 290 



INDEX. 305 

FOSMEB CONVICTION OB ACQUITTAL. Section. 

bar to second prosecution 9 

must be pleaded 382 

plea of not guilty does not inrlado 339 

evidence of; not receivable under plea of not jpiilty .... 338 

what deemed 340, 841 

form of verdict on plea of. 487 

motion lor arrest ofjadgment on verdict 467-471 

judgment on special verdict on plea of 442 

FOBMBB VERDICT 

not to be referred to on new trial 464 

when not a bar 470 

FOBMS— (For additional forms Mee Appeitdix of Forms ) 

statement by prisoner 196, 200 

deposition before magistrate 204 

discharge by magistrate ,. 207 

of pleading, abolished 27S 

inaictments 276-292 

arraignments 806, 309 

pleas to indictment 334 

challenge to panel trial Jury 363 

verdicts, general and special 437-440 

incuisilions 498, 601 

subpoenas 612, 613 

depositions on conditional examination 629 

summons against corporations , . . 676 

pleas in special sessions 700 

subpoena, N. Y. special sessions 745 

allowance of appeal from special sessions 752 

verdict of coro ner's jury 777 

search warrant 797, 801 

id., receipt for property 803 

id., inventory of property 805 

in proceedings against masters, apprentices, etc 931-1 



Affidavits. 

OL application for conditional examination 622 

id., for commission 639 

id., for allowance of appeal from special sessions. ... 751 

Bench Warrants. 

by clerk, for felony 801 

id., for misdemeanor 802 

id., for bailable crime 803 

after conviction 477 

Certificates. 

of taking bail 210 

of execution of death penalty 508 

of conviction, special sessions 721, 722 

id., vagrant 891 

id., disorderly person 902 

Commitments. 

for examination 198 

on holding to answer 218, 214 

by specialsessions 784 

20 



806 INDEX. 

VORMS^Continued. fiBonov. 

Indorsements. 

on warrants, for service in another ooanty IBS 

of indictments 268 

of bench warrant '. 803 

of warrant, in bastardy MS 

Judgments. 

of conviction on Impeaehment 138 

of outlawry 818 



awry. 
iplaini 



on complaint against master 836 

Notices. 

of appeal ...*. «•.• •••* •••••. 622 

of application, for bail in cities 571 

id., for pardon 696 

of appeal to court of sessions in bastardy oases 802 

Oath. 

offoreman of grand Jury 245 

of grand jurors generally 246 

to grand luror alter impanelling 247 

ofofficer in charge of trial jury 414, 421 

of jury in special sessions -. 711 

of officer in charge of jury in special sessions 713 

Orders. 

for commitment by magistrate 308 

id., when not bailable 209 

id., when bailable 212 

for bail, by court 561 

id . , by magistrate 562 

for discharge of defendant on bail 576 

for re-commitment after bail 600) 603 

for conditional examination 625, 626 

for commission 643 

for commitment of insano prisoner 669 

for compromise of crime 664 i 

of filiation .,... 860 ' 

Beports. 

of criminal statistics, by district attorney 941, 947 

id., by clerk 943, 947 

id., by sheriff 946447 

Undertakings. 

for appearance of witness 216, 216 

of ball, generally i 568 * 

id., after indictmont 681 

id., on stay, on appeal \ 656, 686 

id., on re-cominitmcut 605 

id., in special sessions 738 

id., on appeal from special sessions 763 

bastardy, on arrest of &ther in r nother county 844 

id., on adjournment 849 

id., after order of filiation 860 I 

by disorderly person , 901. 

* 



INDBX 307 

► 

JfOBMS-^CotUkmed, Sjbotion. 

Warrant. 

of arrest, by magifltrate lAl, 162 

for execution of death penalty 491 

of arrest, by coroner 781 

In bastardy 811 

iSee Bbnch Warrants, iNDORSBMSNTSy Sbarch Warrants. ) 

Writ Or Process. 

of court, for trial of impeachmentB SO 

iu^ oyer and terminer 86 

id., of sessions 48 

. POETUNE TELLERS. 

' disorderly persons 899 

JTJGITIVES FROM ANOTHER STATE OR TERRITORY. 

to be deliTered up on demand of executive 837 

magistrate may issue warrant against 828 

id., proceedings thereon 829 

when and how to be committed 830 

admission of, to bail 831 

notice of arrest of, to be given 832 

notice to executive of other state of arrest of. 833 

discharged, when 834 

magistrate must return proceedings 886 

FUGITIVES FROM JUSTICE FROM THIS STATE. 

expenses of demanding, etc. , how paid 836 

[ no public officer to receive compensatiou 887 

I PULTON AND HAMILTON. 

! When deemed one ooonty 21 

GAMBLERS. 
) disorderly persons 880 

€^£N£RAL CAUSES OF CHALLENGE. 
^ to jurors, enumerated 376 

<JENERAL PROVISIONS. 

nuisance, abatement of 958 

code not retroactive unless declared 964 

words used in present include ftiture tense 956 

masculine includes other genders 956 

singular includes plural number 956 

word ** person " includes corporation 965 

word " writing " includes printing 956 

word " oath "Includes affirmation 957 

signature includes mark 958 

magistrate includes officerR in ( 147 960 

court of sessions includes N . Y. court of sessions 961 

GENERAL SESSIONS, NEW YORK 16 

^ GENERAL TERM. 

may remove Justices, clerks, etc 132 

Buifalo superior court, Jurisdiction 28 



A 



308 INDEX. 

GENERAL VERDICT—CSteYBRDIGT.) SSOTIOir. 

GENESEE COUNTY. 

grand Jaiord in 280-23$ 

GOSPEL. 

ministera of, nuty be present at exeontton; ••• 0OT 

GOVERNOR. 

on impeachment of, who presides • 18, 14 

id., when process resisted!^ 105 

proclamation of insurrection by 115 

may order out military force 11^ 117 

papers to be sent to, in capital cases 49S 

may require opinions of Judges 404 

id.,of attorney general • 404 

may grant reprieve 485 

inqnisition on insanity to be sent to 400 

duty of, in case of Insanity of convict 400 

id. , in case of pregnant female convict 501, 602 

pardoning power of 602 

reprieves and commutations by 692 

conditional pardons, etc., by , 682 

treason and impeachment, power in casesrbt 602, 693 

may suspend execution of sentence 485, 603 

must report to legislature of pardons, etc 604 

inay require information from Judges and disbict attor- 
ney on application for pardon 695 

may publish notice of application .... 607 

papers before, to be fllea with secretary of state ........ OBft 

[See LIBCTTSNANT GOVEBNOR.) 

GRAND JURORS. 

mode of selection— <5ee GBAin> Jubt.) 

may be challenged a;i trial Juror when ..... 877 

GRAND JURY. 

defined 92S 

number of Jurors ■ ., 224 

for what courts to be drawn 225 

may also be drawn for other courts 826- 

order for, must be entered on the minutes 227 

id.,if made by supervisors copy to be filed 227 

misdescription of court does not invalidate order Ibr. . . . 23& 

mode of selecting prescribed by spt cial statutes 220 

if sixteen do not attend, additional to be drawn 230 

manner of drawing additional Jurors 231 

sheriff to summon " 282 

when may be designated trom bystanders 238 

in Genesee, Orleans and St Lawrence counties 283 

sheriff must summon additional Jurors 284 

if crime be committed daring sitting of coart, another 

may be summoned 285 

how drawn when more than twenty-three attend 236 

who may challenge Juror 237 

no challengf allowed to panel or array 288 

conrtmav ilischarge panel 28ft 

causes or discharge enumerated 230 

challenge to individual Juror, causes , 230 

ohallehges, how made and tried 240 



INDEX. 309 

O&AKD JTJRY^CaiUinued. SSOTIOV. 

challenm must be allowed or disallowed 241 

effector allowance of challenge 242 

juror discharged, in what cases : 242 

misdemeanor for jaior after allowance to take part 248 

foreman appointed by court 244 

oath of foreman, form of 245 

oath of other jurors, form of. 246 

charge of court to 248 

what court must charge ....'. 248 

violation of special statute need not be charged 248 

retirement to private room 249 

clerk, how appointed, his duty 250 

discharge of jury 261 

power and duty of 262 

foreman to administer oaths to witnesses 253 

indictment 264 

evidence receivable by 255 

can receive none but legal evidence 256 

not bound to hear evidence for deiendant 257 

may require production of witnesses 257 

when indictment should be found by 258 

Juror must declare his own knowledge 269 

must inquire into, cases of persons Imprisoned 260 

id., management of public prisons 260 

id., misconduct of public officers 260 

entitled to fk'ee access to public prisons 261 

may ask advice of judge or district attorney 262 

may require district attorney to attend 268 

must allow district attorney to appear before them ex- 
cept when a vote is being taken 964 

jurors roust keep proceedings secret 265 

when allowed to disclose testimony 966 

cannot be questioned for acts except for peijuxy 267 

GUARDIAN. 

may be challenged as trial juror 877 

GUILTY. 

plea of. 832 

pleahowputin 4^ 

plea by corporation 385 

plea by counsel 335 

plea of may be withdrawn • 337 

general verdict of, what it imports 487 

[See Not Guilty.) 



HABITUAL CRIMINALS. 

who may be adjudged 510 

n what cases 510 

, udgment against, to be entered 511 

d., copies to be oistributed 511 

in what cases, liable to summary arrest 512 

description of, in indictments, complaints and warrants, 513 

evidence of character may be given on trial of 613 

person and premises of, liable to search with or without 
warran t 514 



310 INDEX. 

HAH6IN6. SscnOK. 

poBiabBflnt of death inflicted hj 60S 

{Sm DSAXH Pbkautt.) 



wlien testiinoay abowa, on trial of fiidietmeiit» Jmy to be 

duchariged 400 

new indictment may be found for 400 

if indictment not foond, new trial to be bad 401 

riUDSON. 

mayor's court ol^Jnriadietion 81 

L 

nXBGAL ATTEMPT. 

to take or ii^ore property may be resiated 80 

ILLEGAL VOTING. 

JoriMiiction special aeflsiona. 66 

ILLNESS. 

of Juror during trial, court may discharge jury 416 

of witness, deposition may betaken on 623 

IMPEACHMENT. 

articles of, to be delivered to senate 118 

copy of articles to be served on defendant, with notice.. 119 

id., when to be served 119 

id., service how made 120 

proceedings if defendant does not appear 121 

defendant must answer articles 122 

form of objection 123 

proceedings thereon 124 

two thirds must concur to convict 125 

otherwise defendant acquitted 125 

Judgment on conviction for judgment of 126 

adoption of resolution for Judgment of 127 

form of Judgment of 128 

officer not to act after 129 

proceeding when president of senate impeached 130 

nota bar to prosecution for crime 131 

{See Court fob Trial Of.) 

IMPLIED BIAS. 

defined 876 

{See Challenges.) 

IMPRISONMENT. 

Judgment of, how executed..... 487 

extent of, in special sessions 717,718 

for life, challenges on trial 873 

INDIAN. 

selling liquor to. Jurisdiction 56 



$ 



INDICTMENT. . 

not barred bv Impeachment, if for crime 131 * 

where to be found for offense out of state 133 



INDEX. 311 

INDICTMENT—ConMmietf. Section. 

when crime committed partly in one coantv and partly 

in another 134 

when crime committed on boundary or near it 135 

when crime committed on steamboat, etc 136 

when crime committed on railroad 137 

for libel in newspaper where to be found 138 

not to be fonnd m more than one countv 188 

conviction or acquittal in other state, a bar 139 

id., in another county 140 

when to be found, limitation of time 141 

for mnxtler may be found at any time 141 

all offenses except murder,, may be found within five 

years 14S 

if defendant out of state time does not run on 143 

when deemed found 144 

what crimes to be prosecuted by 4, 322 

defined 264 

when it should be found 268 

. twelve jurors must concur to find 268 

must be indorsed and signed 268 

names of witnesses to be indorsed on 271 

foreman must present to court 272 

must be filed with clerk 272 

becomes a public record 272 

is first pleading of people 274 

what to contain 275 

form of. 276 

of defendant by fictitious name 277 

must charge but one crime, in one form 278 

separate counts in 279 

different crimes in 279 

time of offense need not be exact in 280 

misdescription of person injured not material in 281 

construction of language of 282 

words of statute need not be strictly followed in 283 

sufficiency of, test of....i. 284 

formal defect does not invalidate 285 

id., unless prejudicial to substantial rights 285 

iresumptions of law need not be stated in 286 

d. , nor matters of which Judicial notice is taken 286 

id., how judgment to be pleaded in 287 

id., may be slated to have been duly given 287 

, unsdictional £Eicts must be shown on trial of. 287 

)rivate statute, how pleaded in 288 

d., court must take Judicial notice of, when 288 

for libel, how drawn 2e<i) 

for forgery, misdescription of instrument 2!;0 

for perjury, contents of. 291 

fbr subornation of perjury, foim of 2^)1 

against several defendants *. 29i 

ia.,oneor more may be acquitted orcouvicied 292 

amendment of, when allowed 29;) 

trial to proceed alter amendment of. 294 

verdict and judgment to have same effect as if there had 

been no amendment of. 295 

arraignment of defendant on 296 

id., il for felony prisoner must be present 297 



312 INDEX. 

JKDJCTMEST^ConHnued, SmCTtOS. 

id., if for misdemeanor need not be 297 

id. , court may direct him to be brought m 298 

bench warrant on, by clerk or district attorney 301 

charge in, must be stated to defendant • S09 

must be read, if defendant demands 809 

copy of, to be fiimished defendant on demand 809 

Sroceedings if there be misnomer ^ 810 
efendant may have time to answer 811 

how to answer 312 

setting aside motion for ; when 818 

id . , if not made defendant waives objection 814 

id. . when motion must be made 815 

id. , if motion denied, defendant must plead 816 

id . , if granted defendant to be discharged, etc 317 

id . , unless court re-submits case to another Jury 817 

id . , effect of such order of re -submission 818 

defendant to be discharged if new indictment not fbund. 319 

order setting aside, not oar to future prosecution 320 

pleadings on part of defendant 821 

S leas to, when to be put in 322 
emurrer, grounds of 328 

id., form and contents of 324 

id., when heard 325 

id , judgment on 826 

id., to be entered on minutes 326 

id . , if allowed Judgment is final 827 

id . , when j udgment ib a bar 327 

id., court may order re-submission after 327 

id., otherwise defendant discharged 328 

id , proceedings on re-submission after 329 

if demurrer to disallowed defendant may plead again . . 380 
if he does not, judgment to be rendered in oases of mis- 
demeanor 330 

plea of not guilty to be entered in felonies 880 

what objections to must be taken by demurrer 381 

objections to jurisdiction in, etc., how taken 831 

pleas to; different kinds enumerated 832 

id., how put in 333 

id, form 834 

id., of guilty, howpntin 335 

id., in case of corporation 386 

id. , of insanity, how and when presented ... 336 

id. , plea of guilty may be withdrawn when 837 

id., plea of not guilty, effect of. , 338 

id , what evidence receivable under 339 

former acquittal what is deemed 840 

variance, acquittal on = . . . . 840 

acquittal on merits a bar 841 

when defendant stands mute plea of not guilty to be 

entered ! 842 

of removal of. ^.. 848 

id . , all former proceedings for, abolished 848 

id , when to be made and how 843-353 

(See Criminal Action, Removal of ) 
trial for misdemeanor may be had in absence of prisoner. 856 

if facts show higher crime jury to be discharged 401 

trial Ibr felony prisoner must be present, also at render- 
ing of verdict.' .*,..... 806,484 



INDEX. 818 

INDICTMENT— Conlin««l SBOnoH. 

verdict on, for misdemeanor need not be present 434 

verdict, crime of diflferent degrees, jury may find de- 
fendant gnUly of inferior degree 444 

in ottier cases, for oflGsnse included 445 

against several, what verdict may be rendered 446 

motion for arrest of judgment may be founded on de- 
fects in <^ 

judgment roll on conviction must contain 485 

of habitual criminal 513 

bad on 678 

defisndant on bail may be recommitted after 009 

(See Bail.) 

compromise after .....\. 663, 664 

dismissal of. . 667 

if not found at next term prisoner discharged 667 

ifnot brought to trial 668 

noUe praeequi abolished 672 

against corporation, it may appear by counsel 681 

errors in pleading, not invalia • 684 

number of statistics of ...... • • • w 

INDIVIDUAL JUROR 

challenges to-^8ee Challenqes ) 

INDORSEMENT. 

of indictment < 

of warrants by magistrates— (5ae Wasrants.) 

security for appearance as witness 217 

(See Child.) 

INFERIOR COURTS. 

special sessions and police courts, so deemed for certain 
purposes. H 

INFORMAL VERDICT— (-Sfee Verdict.) 

INFORMATION. 

defined / J» 

id., to be laid before magistrate 148 

•riT rr-mTT ^^^ WABBANT OF ABBBST.) 

probably flital, no bail allowed «» 

INNOCENCE. ,^ 

presumption of. • ^ **' 

INQUESTS. 

by coroner— (S<ee Coboneb.) 

INQUIRY. g^ 

into sanity of prisoner w» 

INQUISITION 601, fiOa 

{See INSAHITT ; Pbbohamt Femaub Conyiot.) 



814 INDEX. 

INSANITY. SEcnozr, 

of witness* when deposition may be read 8 

ground of challenge to grand joror 239 

£ lea of, to indictment, now presented 336 
istruction to jury on i54 

▼erdict on, jury to state fact 454 

proceedings on, verdict of v 4ft4 

defendant; committed to asylum 454 

id , may show cause against Judgment for 481 

trial of, in such a case 481 

Judgment thereon 481 

when defendant pleads, to mdictment 658 

coui't may appoint commission to enquire 658 

id- , if defendant appears insane in confinement, 658 

id., unless under sentence of death 658 

id. , proceedings of commission 658 

id , must take oath 658 

id , district attorney must attend. 658 

id. , counsel for defendant also may attend 658 

id , leport of commissioners 658 

id , trial suspended if found insane. 659 

id. , may be committed to state asylum 658 

id., exonerates his bail 609 

id , to be detained m asylum until sane 661 

id. , superintendent to notify judge of sanity 661 

id., proceedings thereon 661 

id., expenses, how paid 662 

INSPECTION OP DEPOSITIONS— (5ee Depositiox.) 

INSTRUCTION. 

to Jury when insanity pleaded «•.. ... 454 

INSUFFICIENCY. 

of bail, defendant may be arrested for 609 

INSURRECTION. 

I^veruor may declare county in • • 116 

proclamation 115 

reTocation of id 117 

INTENT TO COMMIT FELONY. 

crime committted with, cannot be comprdmised 663 

INTENTIONAL OMISSION. 

of sheriff in summoning'Jury, challenges for 86 

INTERPRETERS. 

in general sessions, New York 55 

in special sessions. New York 65 

INTERVENTION. 

of officers to prevent crime 8S, 88 

of private person In officers aid 88 

INTOXICATION. ?» 

of railroad or steamboat employees • 66 

IRREGULARITY. 

in drawi ng J ur ors, challenge for » 888 

dismissal of appeal for..... •« 688 



INDEX. 315 

ISSUE OP FACT. Section. 

whenariaeB 354 

on plea of not ^ilty , 354 

former conTiction or acquittal 354 

how tried 855 

id . » in absence of defendant 356 

id. , not on cbarge of fslonv. . . , 35G 

preparation for trial of, allowed 857 

whenJoinedcommiBsionmay issae '. 636 



J. 

JAIIi. 

riffht of grand Jury to inspect 261 

wnen destroyed, execution in ac^oining county 609 



JAIL DELIVERY. 

by courts ofoyer and terminer 22 

JOINT TRIAL. 

on indictments for felony 891 

for misdemeanors 891 

separate verdicts on 446- 

JUDGES. 

not to grant reprieves 49i^ 

of court of appeals, members of court for trial of impeach- 
ment 18- 

JUDGMENT. 

on conviction of impeachment 126 

vote upon id., to be entered 126 

form and nature of id -. 127, 128 

how pleaded in indictment 287 

on special verdict 442 

on plea of former conviction 442 

on informal verdict 449^ 

not of conviction 449 

motion for new trial must be made before 466 

- motion for arrest of, defined 467 

id., upon what to be founded 467 

id.» court may grant without motion, when 468 

id., motion for, when made 469 

id., notice of^ to district attorney 469 

id., when defendant discharged on. 470 

id. , when to be recommitted on 470 

time for pronouncing 471 

id., at least two days after verdict 472 

on conviction of felony, defendant to be present 473 

id., misdemeanor, need not be 478 

when defendant in custody 474 

how brought before^urt if on bail, for 475 

id., bench warrant Say be issued 475, 478 

id , form of warrant 477 

id., service of 478, 479 

arraignment of defendant for ., 480 

may be interrogated by clerk 480 

may show cause against 481 



816 INDEX. 

JUBGMBKT'ConKntftti. SBCnov. 

id., may be dei(9iTed pending moti(m 481 

what ottose may be shown 481 

if caiue insui&cient Judgment rendered 482 

summary inquiry may be had before 483 

circumstances or aggravation, inquiry into 483 

id., of mitigation 484 

to pay fine; form of 4S4 

may direct imprisonment till paid 484 

extent of such imprisonment 484 

roll, clerk must enter 485 

id. , what to contain on appeal 485 

execution of 486 

oopy of, to be delivered to keeper of prison 489 

appeals from, when allowed 517, 618 

id., appeal from order arresting * 518 

stay of, on appeal 527, 528 

by defiiul t on appeal 539 

affirmance by, not allowed 539 

on appeal ; how given 542 

id., technical errors disregarded 542 

id. maycoiTect 643 

id., may affirm or reverse, when 543 

granting new trial on appeal 543 

erroneous, may be corrected on appeal 543 

effect of reversal of, on appeal 545 

execution of, on affirmance 546 

how entered and remitted, when new trial granted 547 

Jurisdictiod of appellate court ceases after 549 

now carried into effect 549 

in special sessions 717 

extent of fine and imprisonment 717 

order fining juror deemed 730 

of ontlawry , n ature of 818, 819 

effect of reversal of id 824 

JUDGMENT BOLL. 

clerk to make up 485 

what to contain 485 

in outlawry 821 

JUDICIAL NOTICE 

matters of whicii, Is taken, need not be stated in indict- 
ment 286 

of private statute, court must take 288 

JUGGLEBS. 

disorderly persons 899 

JURISDICTION. 

of courts of original, enumerated 11 

of courts of oyer and terminer....^ 22 

of city court of Brooklyn W. 26 

of superior court of Buffalo 28 

of city courts 81 

of courts of sessions ■ 89 

of court of general sessions. New York 61 

of courts or special sessions 56, 57 



INDBX. 817 

JURISDICTION— Con/intted. Section. 

id., in New York city 64 

id., in Albany 68- 

ofpolicecoorts 7i 

objection to, wlientobe taken... S23-^' 

of public offenses 133-14^/ 

duelling, prize flgliting, etc i3S 

T>erson leaving state to commit crime 18S 

jffense committed in seveial coonties 1S4, UO- 

offense on or near boundary .... 135^ 

offense on board vessel or cars 136, 137 

libel in newspaper 13d 

offense within, of an other state, etc 139 

defendant to be discharged for want of 403- 

factsol^tobe shown 287 

JUBOB.* 

challenged for particular cause, may be examined as a 

witness on trial thereof 383 

bound to answer pertinent qnestions 383 

discharged on allowance of challenge 382- 

must declare his knowledge on trial 413^ 

may be sworn as a witness 413 

not to form or express opinion 415- 

sick, may be discharged 41& 

{See Challenges, Trial, etc.) 

•JURY. 

formation of grand jury— (;Sec Grand Jury.) 
trial— (5ee Trial Jury.) 

polling of. 460 

discharged before verdict when 428 

separation without leave 465 

exclusive Judges of fact 419, 420 

may view premises 411 

bound to receive law from court ; 410 

accommodations for, how provided 423 

misdirection of, by court 465- 

new trial for misdirection to 465 

verdict by lot 465 

in courts of sessions 45, 46 

id. , ho w designated 46- 

{See Trial, Challenges, Verdict.) 

JURY OF PHYSICIANS. 

to examine female convict 60O 

id., inquisition thereon 501 

JUSTICE. 

action may be dismissed in furtherance of. «... 671 

ftigitivesfrom 827, 835 

(See Fugitive from Justice.) 

JUSTICES. 

of supreme court may grant stay of trial on indictment, 347 

of peace, may hold special sessions 62 

of peace, cannot be Impeached 12 

how removable 132 

clerks of, how removable 132 

of Justices' courts 11, 182^ 

courts of, when not of record II 



S18 INDEX 

JUSTICES' COURTS. SECTIOII. 
when deemed notof record li 

JUSTIFICATION. ,^ ,,^ 

of bail, mode of. 6»-670 

E. 

KEEPER OF PRISONS. ^^ ^,^ ^,^ 

daty of, an to disorderly persons 908, 912, 913 

KEEPING PEACE. _^^^^ 

security for : o^^** 

JONGS COUNTY. ^ 

City Court of Brooklyn, jurisdiction « w 

clerk of sessions in «-» 

li. 

ISABEL. 

connterfeiting. Jurisdiction special sessions 06 

XADING. _ 

crime, in respect to, Jnrisdiction of 136, 137 

XAKE. ,_ 

crimes committed on, Jurisdiction 136 

liAND. 

malicious injury to. Jurisdiction 66 

liANDLORD AND TENANT. 

relation of, ground of challenge 877 

liAW. 

verdict contrary to, new trial on 466 

court to determine on trial 417 

jury to determine in libel cases 418 

decisions of, defendant may except to 419 

XAWFUL RESISTANCE. 

may be made, by whom 79 

by party about to be Injured 80 

in whatcaseS} and to what extent 80 

by other parties, extent 81 

ULWPUL VERDICT. 

eironeous judgment on, maybe corrected by appellate 
court 543 

liEAVE OF COURT. 

dismissal of criminal action by 607 

compromise of, id 663 

XEAVING STATE. 

to commit crime, jurisdiction. 183 

XEGAL CONVICTION. 

no punishment except on 8 



INDEX. 319 

liEGAIi EFFECT. SECTION, 
when jury is in doubt as to, they may find a special ver- 
dict 486 

IiEGISLATURE. 

governor to make annoal report of pardons, etc., to 694 

may pardon for treason .. 683 

I^TTERS. 

carrying to and firom prisoners, misdemeanor, jurisdic- 
Uon of. 56 

TJBTCTi. 

in newspaper, jurisdiction of. 138 

proceedingson 188 

indictment for, pleading 287 

indictment for, what to contain 289 

extrinsic focts need not be pleaded 289 

Jury to determine law and fact 418 

special verdict not to be found on trial for..... 436 

LIBERATION. 

officer may liberate person aiding 176 

officer may break outer door, etc 176 

lilCENSES. 

court of sessions mayrevoke 89 

MEUTENANT GOVERNOR. 

presides on trial of impeachments 14 

not to act on trial of governor 13 

articles of impeachment delivered to 118 

id., dutv to cause service of. 119 

impeachment of, proceedings 130 

LIMITATIONS. 

jurisdiction of special sessions 58 

murder, prosecution for, not limited 141 

other crimes indictment must be found in five years. ... 142 

except where less time prescribed by statate 142 

time not to run while defendant out of state 143 

indictment when deemed found «. . . . 144 

LIQUORS. 

sel ling in court-houses and Jails, Jurisdiction 57 

LOCAL JURISDICTION. 

Of public olTenses 183-140 

LOTTERIES. 
- violating laws in relation to, Jnrisdiction 56 

LOWEST DEGREE. 

in cases of doubt, jury to convict of. 390 

LUNATIC. 

com mittee of, may be compelled to support 89 

relatives of. 914 

(i8!e« Insanity.) 



SaO UTDSX. 



BflL 

HA6IBTBATES. Section. 

defined 1M» 9(» 

enumerated 147 

exempted firom liability, when 157 

inability of, to act, who may 164 

crime in presence of, proceedings 182 

proceedings before, on arreet 188 

moat allow counsel to defendant IB9 

to send peace olUcer for counsel 189 

examination by ^ 190 

unless defendant gives bail. 190 

must complete examination at one session 191 

cannot adQourn more than two days 191 

may commit defendant on acUournment 19ft 

must read depositions taken on information 194 

must issue subpoenas 194 

must inform defendant of his right to make statement. . . 196 

must make note of defendant's waiver 197 

must take statement in writing 199, 201 

must exclude public 20S 

may discharge defendant 207 

when to commit defendant 206 

order for commitment by 209 

may take bail 2] 

certiflcateof bail taken by 210 

must inform defendant ol his right to Jury trial 211 

order for bail on commitment by 212 

must make commitment 21S 

form of commitment by 214 

may compel witnesses to give undertaking 215 

may require security for appearance 216 

id.,frominfEknts and married women 217 

may commit for refusal, by witness, of security 218 

conditional examination by 219, 220 

must return depositions, etc. , to court 221 

may examine habitual criminal < 514 

id. , with or without warrant 514 

who may take bail 550 

id., of defendant held to answer 557,553 

may examine bail on oath 57S 

may receive other testimony on bail 574 

must make order granting or refhsingbail 575 

form of order allowing bail 576 

may issue subpoenas * 6ft$ 

disposal of stolen property by 685, 687 

id., in bastardy cases 842 

term, signifies what 959 

MALICIOUS TRESPASS. 

Jurisdiction of special sessions 66 

MANUFACTURER. 

connterfeitiug label of 66 

MARK. 

of ignorant person, included in term "signature" 968 



INDEX 331 

MARBIBD WOMAN. SBCnoN. 
security for appearance of, a» witneM • ^^7 

MARSHAL. 

in cities is peace officer IM 

MASTERS. APPRENTICES AND SERVANTS. 

complaint against apprentice or servant 927 

grounds of complaint against 927 

warrant for, in absence of defendant 928 

execution of warrant for, by whom 929 

hearing the complaint against 930 

proceedings on complaint against 930 

punishment 930 

oischar^ of defendant 980 

complaint against master 931 

id. , grounds of complaint 931 

summons to be issued against master 931 

hearing the complaint id 932 

dismissal of complaint id 932 

discharge of servant or apprentfce 932 

provisions as to, do not apply where money is paid. . .,*• 933 

proceedings in such cases 934 

master may be held for sessions 935 

prooeedingd in court of sessions 936 

court may make order, nature of. 936 

complaint against clerk or apprentice 937 

where money is paid or agreed for 937 

id., proceedmjra thereon .* 987 

id . , in court of sessions 938 

indenture of service, how assigned 989, 940 

MATERIAL DEPARTURE. 

from forms prescribed for drawing Jurors, ground of 
challenge 868 

MATERIAL WITNESS. 

may be examined conditionally 621, 622 

maybe examined on commission 637 

MATRIMONY. 

child born out of, abastard 838 

MATTER OF RIGHT. 

appeals, when 620 

bau, when 663 

id . . when not 653 

bail on appeal 665 

MAYOR'S COURT— (<S!ee HUDSON, COURTS; OSWEGOr COURTS; 

UTiCA, Courts.) 

MEASURE OF DAMAGES. 

inaotionon bastardy bond 883 

MECHANIC. ^ 

counterfeiting label of • 66 

MILEAGE. 

of Justice of sessions 48 

21 



832 IN1>EX. 

linaTABT. SBCnoisr. 

gQvernor may order oat, when 105 

other officers may order oat lU 

datiesof 112,113, 114 

id . , in inaarrection 115 

MINOR. 

may be challenged as grand J oror 239 

MINUTES. 

of grand Jury to be kept 250 

of challenge in Judgment roll 485 

MISCELLANEOTTS PEOVISIONS. 
Special Proceedings. 

parties to, how designated 960 

entitling affidavits in 951 

sabpoenas m ay be issned 952 

id., disobedience to, panished 952 

MISCONDUCT IN OFFICE. 

grand Jury must inquire into 260 

of Jaror, ground for new trial 465 

MISDEMEANOR. 

Jurisdiction of special sessions 66, 57 

aiTest for 159 

bail on , 159 

arrest in nighttime for, when 170 

bench warrant for 302 

second application for removal of indictment for 850 

Judgment on, mav be in absence of defendant 478 

five convictions for, habitual criminal 510 

bail on, before conviction, matter of right 553 

id., by police officers 654 

may be compromised, when 663 

dismissal of action a bar 673 

MISDESCRIPTION. 

of instrument forged, when material 290 

of title to court does not invalidate order for grand Jnry, 228 

MISDIRECTION OF JURY. 

by court, ground for new trial 465 

MISTAKES. 

in pleadings and proceedings, elfect of 684 

MITIGATING CIRCUMSTANCES. 

inquiry by court before Judgment « • • • • 482 

MONEY. 

may be deposited in lieu of bail 686 

{See Deposit.) 

MOTHER. ' * 

of bastard must disclose flEithe 866 

absconding, leaving family destitute {See Parent Ab- 

8CONDIMO.) ' 

of bastard, when compelled to support child 839, 867 



MOTION. SBcnoK. 

to dismiss appeal, how made. 683, 684 

in arrest ofjudgment (5(0e Jctdomsht.) 

MOUNTEBANKS. 

diaorderly persons 899 

MURDER. 

indictment for, may be found at any time. 141 

prosecution for, wnen commenced 141 

(See Execution.) 
no bail on cbarge of 662 

N. 

NAME. 

of defendant to bespecifled in warrant 152 

of witnesses to be indo'rsed on Indictment 271 

fictitious, in indictment 277 

NEWSPAPER. 

libel in, wliere triable 138 

id. , change of venue, etc < 138 

indictment in one county only fbr Ubel 1S8 

NEW TRIALS. 

oyer and terminer may grant 22 

court of sessions may grant 89 

on special verdict 443 

who may grant , 463 

In what cases 465 

effect of granting 464 

when application for, to be made 406 

grantea by appellate court 543 

effect of granting id 482, 544 

defined 642 

in special sessions— (^ee Special Sessions.) 

NEW YORK CITY. 

application for commission in 641 

disposal of property stolen in 691 

ponce Justices in, may act as coroners 789 

commissioners of charities in 915 

{See CouBT OF Genebal Sessions.) 

NEW YORK SPECIAL SESSIONS. 

Jurisdiction defined 64 

officers, how appointed 66 

clerks, stenographers, interpreters. 65 

terms of office of clerks, etc 66 

when held 67 

how to proceed on charge in 741 

id., when to try r 742 

if lury demanded, examination to be liad 743 

trial must be by court without Jury 744 

subpoenas, how issued 746 

clerk, duties of. 745 

"fines to be paid to clerk, who must pay to comptroller. . 747 

transcript of conviction need not be filed 748 

copy minutes conclusive evidence of facts 748 

{See Special Sessions.) 



J 



824 INDEX. 

mOHT-TIME. BBCnoir. 

arrest for felony may be made in 17<^ 

for misdemeanor, when allowed in 170* 

NOLLE PROSEQUI. 

abolished, substitute for 071, 872 

NOTES OF TESTIMONY. 

whenjury may take 43ft 

NOT GUILTY. ^^ 

plea of. i 55 

effect of, what denied 83» 

evidence receivable under plea of. 331^ 

id. , former conviotion, etc. , not admissible under plea of. SS» 

when defendant refhses to plead 380, 342 

verdict of, general, effect of. 437 

plea of, by corporation 6dL 

NOTICE. 

for order compelling support of poor person 915 

Ibr id., how served 915 

NOTICE OP APPEAL. 

form of 82* 

service of. ^^ 

id., on district attorney 623 

by people, how served 524 

publication of. when 524 

affidavit of publication of. 625 

when filed, completes appeal 625 

service of, on counsel 53S . 

NOTICE OF APPLICATION FOE BAIL. 

for felony, in cities 660, 671 

upon appeal, how served B6L 

NOTICE OF ABGUMENT. 

on special verdict. 441 

in supreme court 635 

requisites of. 635, 636 

service of 636, 636 

in court of appeals 635 

may be served on counsel for defendant 687 

NOTICE OF SETTLEMENT. 

of interrogatories on commission 645 

NOTICE OP SURRENDER OF BAIL. 

how given, to district attorney 602 

NUISANCE. 

abatement of, on conviction 965 

O. 
OATH. 

of members court of impeachment IS 

of police Justice 76 

of officers, on retirement of Jury 421 

of commissioners to inquire into sanity 65S 

term includes affirmation 957 



1 INDEX. 325 

OITPENSES. SeCTIOH. 
of which special sessions have Jarisdictton ; enumer- 
ated 66, 57 

id., in New York 64 

id.,inAlbany 68 

punishable with death 873,491,640,602 

bailable 652 

not bailable 663 

OFFICER. 

peace, powers and privileges of, on arrest 163 

public, not to act' after impeachment 229 

crime committed on, no compromise of 663 

not to receive fees, when 837 

(See Peagb Officbb.) 

OMISSION. 

to serve bill of exceptions, effect of. 461 

to serve amendments, effect of 461 

OPINION. 

previous formation or expression of, disqualifles Juror, 

when sub. 2, 376 

conscientious, against death penalty 877 

OBDEB. 

for commitment 209 

for bail to be taken 213 

setting aside indictment 313 

for removal of indictment 361>853 

of trial regulated 888 

to carry judgment into effect 649 

granting bail on appeal 688 

for re-commitment after bail 600 

OBI6INAL JURISDICTION. 

courts of, in criminal cases * II 

ORLEANS COUNTY. 

grandjurors in 230, 233 

OSWEGO. 

recorder's court in. Jurisdiction 31 

bywhom held 82 

special sessiouB in.... 61 

OUTER DOOR. 

when may be broken open 175-178 

id. , to re>take prisoner rescued, etc 187 

OUTLAWRY OF PERSONS CONVICTED OF TREASON. 

application for, when made 814 

on what proof 816 

order for defendant to appear , 816 

irablication of 817 
udgment on appearance 818 
udgment on non-appearance 818 

effect of judgment 819 

J udgment roll to be filed 820 



326 INDEX, 

dlPlL AWBY OF PEBSOKS CONVICTED OF TBEASON— 

ConHnued. SBcnoK. 

Id.yOfwhatto conaiBt 821 

transcript of J ad^naient of. 820 

appeal from J nd^rmen t 82S 

eflfect of reversal of Judgment of. 824 

defendant maybe arrested... 825 

no other proceeding for, than herein provided. 82S 

OTERSEEBS OF POOR. 

notice to,on application fbr dischavgeof lletther of bastard, 874 

OVERT ACT— <<S!ee Treason.) 

OWNER. 

of property stolen, delivery to 686-081$ 

OYER AND TERMINER. 

Inrlsdiction limited 81 

how composed J arisdiction 22, 23 

clerk of, is county clerk 25 

indictment sent from sessions 40, 41 

{See CouBTS of.) 

OYSTER8. 

unlawfully removing. Jurisdiction 66 



P. 

PANEL. 

challenge to-^8ee Chaixbitoes.) 

PAPERS IN EVIDENCE. 

newspapers, libel in 188 

Jury may take on retiring, by consent of defendant and 

district attorney 425 

in Judgment roll 485 

on appeal to be sent to appellate conrt 632 

subpceua for books used 61S 

PARDON. 

power of governor to grant 6fi2 

may suspend execution of sentence 60.< 

mast inform legislature annually 0R4 

may require information from officers 695 

notice to district attorney of application for 69(> 

publication of notice 697 

papers to be filed with secretary of state 698 

PARENT. * 

absconding, leaving family destitute 921 

id. , officers may apply for warrant of seizure of property, 921 

id., issuing of warrant 921 

seizure and inventory of id 92*2 

confirmation of warrant asrainst id 923 

discharge of id., when ordered 928, 924 

directions for sale of id 923, 924 

sale of property of, seized 925 

application of proceeds of id 925 



INDEX. 327 

TAREST—ConHnued. SEOnoir. 

acconnting for id ; 925 

powersof superintendents of poor 926 

(5ee Bastards.) 

PARTICULAB CAUSES OF CHALLEKGB— (iSte CHAL- 
LENGES.) 

PABTY INJURED. 

maymake lawful resistance 79, 80 

about to be 79, 80 

may consent to compromise 664 

in special proceedings, designation of 950 

PAYMENT. 

of members, etc., court of inmeacbment 20 

of expenses of poor witness 616 

of costs, etc ,in special sessions 719 

id., prosecutor may be ordered to make 720 

of return of fugitives fk'om justice 836 

of costs, etc., in bastardy cases. 873 

PEACE— (5te SEGueirr to Keep ; BbeaCb. of Peace.) 

PEACE OFFICER. 

defined 154, 960 

may arrest with or without warrant 168 

may call for aid 109 

may arrest for crime in his presence withont warrant . . 177 

when may arrest without warrant 177 

may break open outer door, etc 175, 176, 177 

wheu may arrest at night, without warrant 179 

must inform defendant of authority 180 

id., exceptional cases .* 180 

■ may take prisoner IVom by-stander 181 

to serve subpoenas 614 

duty in regard to stolen property 685 

term includes what 960 

PENALTY— <5ee Death Penalty.) 

PEOPLE. 

prosecution must be in name of 6 

challenges by 370 

verdictfor 437 

may appeal, when 618 

appeal by, how taken 524 

id., does not stay Judgment 526 

PEREMPTORY CHALL£NGE-<'SiM CHALLENGES.) 

PERFECTION. 

of appeal 625 

PERJURY. 

grand furors may disclose testimony given before them 

on charge of. 266 

of grand Juror 267 

indictment for, what to contain , 291 



838 mVBX. 

PEBSONS. SHCnoir. 

aidinffoAoenJiutilled 81-8S 

id., whomayiMue 147 

charged with crime, warrant for arrftst of 150 

liberation of; outer door may be broken, etc 176 

imprigoned, grand Jury to inquire as to 260 

examination of id., without warrant 514 

of habitual criminais, search ot « 514 

PHYSICIANS. 

Jnry to examine female convict GOO 

InaoiBition to be signed by 601 

to be present at executions 507 

to sign certificate of death 50S 

PLEADING. 

preyions forms of, abolished. 278 

rules governing 278 

first, on part of people, is indictment 274 

Indictment. 

wbat to contain 275 

id., form of. 276 

id., fictitious name in 277 

id., must charge but one crime 27B 

id., counts in 270 

id., time, how stated in 280 

id., matters of description, how stated in 281 

id., lansuage of, how construed 288,283 

id., suinciency of, how tested 284 

id., technical errors disregarded 285,-684 

id., presumptions of law need not be stated 286 

id., matters of which Judicial notice is taken 286 

id.. Judgment or determination, how pleaded 287 

id., private statue, how pleaded 288 

id., for libel, what to contain 280 

id. , for forgery, description of writing 290 

id., for perjury, what to be stated 291 

id., for subornation of perjury 291 

amendment of indictment, when allowed, terms 296 

trial, to proceed after, id 294 

answer by defendant 812 

time allowed to answer 811 

motion to set aside indictment ', 313 

id., when allowed 318 

id., if denied defendant must answer 316 

demurrer to indictment 321 

id., must be put in on arraignment ^ 822 

grounds of demurrer to 823 

id., how put in, form of. 324 

id., how heard 825 

iudgmenton demurrer to 326 
d., when a bar 327 

proceedings on disallowance of to id 830 

when defendant may plead over 380 

objections to id., when may be taken 831 

PLEAS. 

of defendant, kinds 332 

how put in 83S 



INDBX. d2Q 

PLEAS— Con^ifMMi. Sbotion. 

form of. 834 

of guilty^ how put in 836 

of msanitT 836 

may be withdrawn 837 

of not gnilty, denies what 838 

what evidence receiyflrt>le under, of not gaUty .... 339 

when defendant reftises to answer, of not guilty to be 

entered 842 

in special sessions 700 

POLICE IN CITIES AND VILLAGES. 

organization and regulation 100 

to attend public meetings 101 

to be notified of conviction of habitual criminals 611 

POLiCE COURTS. 

have Jurisdiction conferred by statute 74 

in villages, how established 75 

Jastices must take oath and file bond 76 

pleas in 700 

(See CouBTS ; Pougb, Special. Sessions.) 

POLICE JUSTICES IN CITIES AND VILLAGES. 

may hold special sessions 62 

jurisdiction 74 

election of 76 

to take and file oath .% 76 

how to hold office i 77 

compensation of 78 

cannot retain fees 78 

salary of. 78 

howremovable 8,12, 182 

in cities may take bail for uiisdemeanors 664 

POLICE JUSTICES IN NEW YORK. 

may appoint officers of special sesdons 6 

must attend to take bail at night 166 

how removable 8, 132 

POLLING THE JURY. 

mode of 460 

who may require 460 

POOR PERSONS. 

powers of court of sessions asto 89 

who may be compelled to support 914 

who may apply for order to support 915 

court of sessions to hear case 916 

id., may make order for support 916 

support may be apportioned among relatives 917 

order for support, what to contain 918 

order for support may be varied 918 

costs of proceeding for support of, how paid 919 

action against relatives on order to support 920 

parents abandoning children 921 

id., property may be seized 921 

warrant for, id 921 

id., seizure of property of. '. 922 

transfer of property, when void 922 

confirmation of seizure of, id 923 

id., proceedings thereon 928 



880 INDBX. 

POOE PERSONS— Om^ittttAi. SecTIOIT. 

warrant for id., when discharged 9-24 

sale of property seized 92& 

application of proceeds 925 

saperintendents of poor, powers of same as overseers 
of poor 925 

POOR WITNESS. 

expenses, bow paid 616, 617 

PREGNANCY. 

of female convict, proceedings on 6G1, 603 

PREMISES 

where crime committed, court may allow jury to view. . 411 

id., proceedings thereon 411, 413 

of habitual criminal may be searched. «. 514 

PRESENTING OP INDICTMENT— (51m INDICTMENT.) 

PRESIDENT OF SENATE. 

presides on trial of impeachments except on trial of 

governor » IS 

in absence of, who to preside in, id 14 

impeachment of, notice on 18& 

PRESUMPTION. 

of law, need not be stated in indictment 28S 

neglect or refusal of defendant tctestiiy creates no pre- 

defendant presumed innocent 3S9 

sumption against him 39S 

PREVENTION OP CRIME. 

by lawful resistance 79, 80, 81 

by intervention of officers of Justice 82 

by requiring security to keep the peace 83 

by forming police in cities and villages 82 

by suppressing riots 83 

other persons may aid officers in 8S 

PREVENTION AND SUPPRESSION OP RIOTS. 

powers of sheriff or other officer 103 

names of rioters must be certified to court lO;^ 

persons commanded must aid officer. 104 

misdemeanor to refuse id 104 

governor may order out militarv las 

officers to command rioters to aisperse 106 

rioters to be arrested on refusal to disperse 107 

persons refusing to aid deemed rioter 108 

magistrate neglecting duty guilty of misdemeanor 109 

dispersing rioters 110 

unlawful assembly, how dispersed Ill 

militarv may be ordered ont Ill 

duty or commander when ordered 113 

military must obey orders 113 

endeavors must be made to cUuse the rioters to disperse 

peaceablv 114 

proclamation by governor 115 

f governor may order persons into service 116 
d., may I'evoke proclamation 117 



INDEX. 331 

included in: term'* writing." 96ft 

PBISON. 

ffrand Jury must inquire into management of. 260 

free access to, by Jurors 861 

defined 609 

duties of keepers of 90a 

PBISONER. 

escaping or rescued maybe retaken 18S 

outer door, etc., maybe broken to retake 187 

PRIVATE PERSON. 

may make arrest 16S 

may arrest for breach of peace Igl 

id.,for crira^in hid presence 18S 

id., for felony 18ft 

how to make arrest 184 

to bring prisoner before magistrate 18& 

may serve subpoenas 4 614 

PRIVATE STATUTE. 

how pleaded in indictment 288^ 

PRIVILEGE. 

exemption of Juror not ground of challenge 879 

PRIZE FIGHTING. 

person leaving state to engage in, how punished 188: 

PROCEEDINGS AFTER COMMITMENT ^5te COMMIT- 
MENT.) 

PROCEEDINGS. 

against corporations..... 87(( 

against ftigitiycs IVom J ustice 827 

against fathers of bastards 88S 

in special 8e88ions->(5ee Special Sessions.) 
special— <iSSee Special PROCSEDiNas; Stay of Pro- 
CEEDnros.) 

PROCESS. 

subpoena WT 

commission, 63S 

(See WRIT ANB Pbocbss.) 

PROCLAMATION BY GOVERNOR. 

when execution of process is resisted 115 

publication of US 

revocation of. 117 

PRONOUNCING JUDGMENT— (fiiee Judgmbkt.) 

PROOF. 

required on confession of defendant 805 

of treason 896 

of conspiracy 888 

^TaOPERTT. 

taken on search warrant, receipt for 808 

to be delivered to magistrate « 804 



3d3 INDEX 

PBOPEBTT^ConlfiMiAf. SBOnoN. 

inyentory of, taken on warrant 805 

escheat of, on conyiction of treason 818 

{See Seizure of, fob. Suppost.) 

PBOPEBTT STOLEN OR EMBEZZLED. 

peace officer mast hold it 686 

order for its delivery to owner 686 

magistrate mnstdeuyer to owner 687 

expenses of preservation how -paid 686, 687 

court may order delivery to owner 688 

unclaimed, how disposed of. 689 

receipts to be given to defiendant for 680 

disposal of, in Mew York city 691 

PROSECUTION. 

second, not allowed ^ 9 

PROSECUTOR. 

no conditional examination of. 220 

may be challenged as grand Juror 239 

to pay costs in special sessions, when 719 

in special proceedings, how designated 960 

PROSTITUTE. 

common, when a vagrant. 887 

PUBLIC MEETINGS. 

police to attend 101 

PUBLIC OFFICERS. 

removalby impeachment 12 

misconduct of, grand Jury to inquire into 260 

PUBLIC RECORDS. 

grand Jury may examine free 261 

indictments are 272 

PUBLIC TRIAL. 

defendant entitled to 8 

PUBLICATION. 

of notice of appeal 622 

affidavit of id: 626 

of application for pardon 897 

of order in outlawry , 816, 817 

PUNISHMENT. 

only allowed on conviction i 

of master of foreign vessel, when it may be remitted. ... 674 

Q. 

QUALIFICATIONS. 

of trial jurors 876 

of sureties in bail 6t9 

QUESTIONS OF FACT. 

, ary to decide all 419 

. nry exclusive Judges of 420 

Jury to be soinfbrmed 420 



INDEX. 833 

QUESTIONS OF LAW. Sscnoir. 

court to decide all 417 

id., except on trials fbr libel • 418 

whenjary may decide •### 418 

QUICK WITH CHILD. 

when female convict is 600 

id., proceedings thereon 601 



k* 



BAcmo. 

on Sanday, or near coort-hoiise 66, 67 

RAILROAD. 

crime committed on, Jurisdiction of 137 

READING. 

charge to defendant 69^ 

REAL PROPERTY. 

of corporations, fine may be collected firam 883 

of outlaw, forfeited 817 

REASON. 

none need be given for peremptory challenge 373 

for discbarge of jury to be entered in minutes 42^ 

REASONABLE DOUBT. 

entitles defendant to acquittal 88^ 

as to degree of crime 890 

certificate of, stays proceedings 627, 528 

REBUTTING TESTIMONY. 

when to be offered snb. 8, 388 

RECEIPT. 

for property taken on search warrant .-. 808 

id., what to contain 808 

for deposit in lieu of bail • 686- 

RECOMMITMENT 

after bail, in what cases 599 

who may order 69» 

contents of order of 600- 

arrest of defendant by 801 

proceedings on arrest by 602, 6as 

new bail may betaken after 608 

bail on, by whom, form of. 604, G05 

qualifications, etc., of ball after 608 

RECONSIDERATION OP VERDICT. 

of conviction allowed 447 

of acquittal cannot be required 447 

when defective or informal 448 

RECORDS. 

papers in pardon cases ^ 698 



834 UfDBX. 

BEOOBD OF CONVICTION. SBCTlOir. 

in special aeadons, what i9 TU 

ofdifiorderiy person, what is. 908 

BECORDEB'S COir&T—(8ee Utica Ooubts.) 

JUSCORDEB'S COXJH.T—{8ee OswBQO C0UBT8.) 

BBCOBDER OF ALBANY. 

to hold special sessions t 09 

may order oat military, wtiion ' Ill 

BECOBDEB OF NEW YOBK. 

may hold general sessions 08 

may appoint officers of. 66 

may order payment of fees to poor witness 616 

BECOBDEB IN CITIES. 

may hold special sessions 68 

may order oat military when.; Ill 

BEC0BDIN6 VEBDICT. 

daty of clerk on 461 

BEFUSAL. 

to aid officer, how panished 104-106 

to plead to indictment, effect of. 880, 848 

to charge, exception for 465 

of court to instract Jury, groond for new trial. . . . sab. 6, 465 

BELATIONS. 

which render Juror subject to challenge 377 

guardian and ward 877 

master and servant 377 

landlord and tenant 377 

member of family 877 

adverse party in civil action 377 

grand jaror finding indictment 877 

coroner's Juror 877 

trial Juror, when 877 

scruples against capital punishment • 877 

BBLATIVES OF POOR PERSONS. 

liable for support of 914 

order compelling support by 916 

support may be apportioned among 917 

costs on complaint to be paid by 919 

action against on failure to support • 920 

BEMISSION. 

of punishment of master of foreign yessel 674 

BEMISSION OF FORFEITURE. 

of undertaking for bail 697 

of deposit 697 

BEMITTITUB. 

on appeal, stayed on Judgment by default 647 

BEMOVAL. 

fix>m state of surety on bail, defendant may be arrested. . 689 



INDEX. 886 

BSMOVAL OF CBIMiyAL ACTION. SbotioK. 

proceedings beretofore existing abolished 843 

when allowed 844 

alter trial, when allowed .'.845 

application for order for 846 

how made 346 

notice to district attorney 846 

service of papers 846 

stay of proceedings for 847 

how granted 847 

aeoond application not allowed 849 

id . , ▼iolatlon of role a misemdeanor 850* 

conrt may vacate order for 850 

order to be filed 851 

papers to be transmitted 861 

proceedings on removal 852 

order mast be filed to be eifectaal 863 

BEMOVAL OF JXTSTICE3 OF PEACE. 

police Justices, their clerks, etc 182 

BEPmEVES, COMMUTATIONS AND PARDONS. 

power of governor to grant 692 

governor's power in cases of treason 683 

governor may suspend execution 693 

id. , must communicate to legislature 604 

id., may require report of case from Judges, etc 696 

notice to district attorney of application for 696 

publication of notice of id 697 

papers relating to application to be filed with secretary 
of state as records 698 

BES ADJUDIGATA. 

order denying bail, when S68, 566 

BESCUE. 

defendant may be retaken after 186 

outer door mav be broken in cases of. Ib7 

BESIDENT OF STATE. 

departing from, with intent to commit ofi'ense 183 

BESISTANCE. 

lawful , may be made 79 

when and by whom '. 79 

by party about to be injured 80 

'vnien to be made, and extent of. 80 

by other parties, when 81 

of execution of process 102 

to process, how overcome 102-117 

BESTRAINT, 

defendant not to be subjected to unnecessary 10, 172 

BBSUBMISSION OP CASE TO GRAND JURY. 

by order of court, after a failur ^ to indict 270 

of charge to grand Jury, wb<^n 317, 819 

after demurrer 327 

where facts alleged in indictment are insufficient 408 



336 INDEX. 

BETAKING OF PBISOKEB. SectioiT. 

person escaping or rescued, may be , 198 

outer door, etc., may be broken in 187 

RETRIAL. 

when allowed « 430 

RETROACTIVE. 

this code not, unless 80 declared 964 

RETURN. 

appeal dismissed if not made 534 

time for making may be enlarged 634 

REVERSAL. 

judgment, of, on appeal, not made without argument. . . 639 

RIGHT. 

what appeals are matter of. 520 

bail, when matter of .* 653 

of defendant in criminal action S 

BI0T8—{8ee Prbvbntion and Sufpbbssion of.) 

RIOTOUSLY. 

crime committed, no compromise of 663 

RIVER, LAKE, CANAL. 

offenses on , jurisdiction of • 180 

ROLL— (<S(e0 JuDGHENT Roll.) 

BOOMS. 

to be provided fbr trial jury 42S 

expenses of id., how paid 423 

RULES OF EVIDENCE. 

in civil cases applicable 882 

a 

SALARY. 

of poUce justices, how fixed incities 78 

id., in villages 78 

of justices not to be increased or decreased ! . . 78 

SCHOOL. 

child not attending, punishment of. 387 

SCRUPLES, CONSCIENTIOUS. 

against capital punishment, ground of challenge 877 

SEAL— («« COUBT8.) 

SEARCH. 

of premises of habitual criminal 514 

with or without warrant ,, 514 

SEARCH WARRANTS. 

defined , •tqi 

grounds fi)r i!!;;::::;:. ::::::. :::;;.:::;;;:; m 



mD£X 337 

SSARCH WARRANTS— ConHnued. Section. 

when not to be iasned 793 

examination before issuiag 794 

depositions to be taken before 794 

what to contain 795 

when to issue 796 

form of. 797 

service of 798 

outer door may be broken, etc.. upon 799, 800 

may be serve^l in niffht, when 801 

within what time to oe executed « . . 802 

receipt to be given for property taken on 803 

property delivered to magistrate how disposed of. 804 

retnmof > 805 

fbrm of return of. 805 

inventory ^^ 

copy to be delivered 806 

proceedings on return of. 807, 808 

restoration of property taken on 809 

papers to be sent to court of sessions 810 

misdemeanor to sue out, maliciously 811 

misdemeanor to execute, with severity 812 

•person of prisoner may be searched, when. 813 

S£COND OFFENSES— (iSte Habitual Criminal.) 

SECOND PROSECUTION. 

not allowed for same crime 9 

SECRETS. 

ofgrandjury tobekept 265 

SECURITY. 

required of disorderly person 901 

SECURITY TO KEEP THE PEACE. 

information to magistrate 84 

examination of complainant by magistrate 85 

Id., to be reduced to writing 85 

warrant of arrest, when issued • 86 

id., to whom directed 86 

id., its contents 86 

proceedings afterarrest 87 

prisoner discharged, when 88 

prisoner may be required to give undertaking 89 

undertaking, its contents 89 

If given, prisoner to be discharged 90 

if not given prisoner to be committed 90 

person committed may be discharged 91 

undertakiog to be sent to court orsessions 92 

assault or threat in presence of court security may be 

required 98 

gerson bound mast appear at sessions 94 

> be discharged if complainant does not appear 95 

proceedings when both parties appear 96 

nowbroken 97 

how prosecuted 99 

except as herein prescribed, not required 99 

22 



338 INDEX. 

SEIZUBE OP PROPERTT. Sbcttok. 

ofparent of bastard absconding 860 

for support of fltmlly 921, 923 

confirmation of 928 

application of proceeds of sale on 928-925 

sale of, proceeds 925 

SENATE. 

in impeachment, dn^. 14 

clerks and officers of. 16 

clerk to keep seal of court of impeachment 16 

president of, impeachment of. 130 

SENATORS. 

members of court of impeachment 18 

compensation of in such cases 20 

(See Sbnatb Impeachhknt.) 

SEPARATION OF JURY. 

allowed, when 414 

when ground for new trial 466 

SEPARATE TRIAL. 

of defendants Jointly indicted, wnen 891 

SERVANTS. 

when ground of challenge 877 

(See Masteb.) 

SERVICE. 

ofwarrant of arrest 155 

of bench warrant 478 

of notice of appeal 622 

of subpoena 614, 616 

id., out of county. 618 

(See WARRANTS, Appeal, Etc.) 

SESSIONS, COURTS OF 

one in each county 87 

jarisdiction 87, 39 

cla«6iAed 88 

ndictmcntsin 40, 41 

d., removal of. 40, 41 

)y whom held 42 

.usticesof 42 

d., when disqualified who to act 43, 44 

whenandwhere held 46 

grand and petit Jury for 45 

id., how drawn and summoned 45, 46 

clerk of. 47 

writ and process of 48 

compensation of justices of. 49 

(See Special Sbssioits.) 

SETTING ASIDE INDICTMENT. 

motion for, when granted 813 

id., "efreot of not making 814 

id., when to be made 815 

id. , proceedings thereon 816, 817, 318 

id., if granted not a bar 820 



INDBX. 389 

SETTLEMENT. Sbctxok. 

ofbillof excoptions. 467, 461 

of interrogatories on commission 648 

SEYERIKG CHALLENGES— (iSee Challbnoe. ) 

SHERIFF. 

to designate officers, Albany specHkl sessions 71 

may execute warrant to keep the peace 86 

duty of on resistance to process 102 

may apply to governor for aid 105 

onlawiol assembla^s 106 

may order out militia Ill 

warrantor aiTest may be directed to 161 

is a peace officer 164 

warrants b y j adges to 165 

warrants by magistrates to • 166 

commitment to, on examination 193, 214 

to summon additional grand jorors 28(>-832 

id.,howto proceed 234 

1)euch warrantto 301, 477 

intentional omission to summon Jurors ground of chal* 

lengeto the panel 363 

mubt provide accomodations for jury 423, 424 

execution of judgment by 486, 489 

powers of,on execution 490 

execution of death sentence by 491, 509 

duty when convict is insane 496 

id., pregnant female convict.. 600 

may search habitual criminal 614 

to serve subpcBnas 6U 

when stolen property comes into his possession 686 

to execute judgment of special sessions 725 

to execute, coroner's warrant , 781 

id . , search warrants 791 

id., bastardy warrants 841 

to arrest vagrants 880 

id. . disorderly persons 900 

to liimish report to secretary of state of number of con- 
victions 946, 946 

criminal statistics 946 

id.) punishment for neglect to ftirnish 948 

SHOWING CAUSE. 

against judgment— (iSlee Judgmbnt.) 

SICK JimOR. 

may be discharged^ 416 

SIGNATURE. 

term includes "mark" 968 

8LXTNG SHOT. 

offense of canning, jurisdiction 66 

SPECIAL PROCEEDINGS. 

of a criminal nature 778 

coroners* inquests 773-790 

search-warrants , 791-818 



840 INDEX. 

SPECIAL TBOCEEDTSQS^ConUnued, SBCTioir. 

outlawry 8U-^2S 

against mgitives fromJoBtice 8-27-837 

in bastardy cases 83S-88& 

against vagrants 8S7-898 

against disorderly persons 899-813> 

for support of poor4>ersons 914-92$ 

masters, apprenlices and servantB 927-93^ 

criminal statistics 941-94^ 

miscellaneous 960-952 

parties to, how designated 950 

provisions of this code applicable to 951 

entitling affidavits in 951 

powers of courts in 95^ 

SPECIAL SESSIONS. 

courts of, Jurisdiction 5f> 

certificate to remove case from 67 

limitation of jurisdiction 58, S» 

In New York city 6^ 

in Albany city 6S 

proceedings in courts of 68&-740 

id., in New York city 741-74ft 

appeals A-om 749-77» 

new trials on appeal A*om , 764 

id., to be had in courts of sessions 768 

proceedings on new trial 768 

defendant may elect to be tried in 211 

{See COUBT8, Bail, Appeal, etc.) 

SPECIAL TERM. 

of supreme court, may remove indictment 34ft 

SPECIAL VEKDICT. 

defined 438 

(SmYBBDIGT.) 
SPEEDY TBIAL. 

defendant entitled to S- 

STATEMENT OP DEPENDANT. 

before magistrate 196 

to be informed of right to make 196 

maywaive 196 

note of waiver 197 

nature and form of. 198 

proceedings on taking 199 

derendantmay correct 19(^ 

to be reduced to writing .^. 20O 

form of, and authentication IP. 20O 

who to sign 90O 

Whatto contain » 2(N> 

STATISTICS— <5i0e Criminal Statistics.) 

STATUTE. 

words of, defining crime, need not be strietly pursued in 
indictment 28S 



INDEX. 341 

STAT OF PROCEEDINGS. Sectiok. 

on application for removal of action .' . . . 847 

Boction 495 does not apply to 485 

on appeal, bail on 555, 556 

appeal by people does not operate as 526 

on appeal, now obtained 527, 628 

ceroncate of reasonable doubt, effect of. 527, 680 

on conviction of felony, notice 529 

of trial, when commission issues 644 

on j udgment of special sessions 753 

STENOGRAPHERS. 

in New York, general sessions 65 

inNewYork, special sessions 65 

STIPULATION. 

confession made on, not evidence 395 

ST. LAWRENCE COUNTY. 

additional grand Jurors In.' 230, 233 

STOLEN PROPERTY. 

disposal of, by of&cers 685-691 

(iSfeePROPEBTT.) 

SUBORNATION OF PERJURY. 

indictment for, what to contain 291 

SUBPCBNA. 

defined , 607 

whomayissae 608 

by district attorney 609,610 

ci erk must issue for defendant 611 

form of. 612 

for book s and papers 613 

by whom served ^ . 614 

how served 61 5 

copy must be delivered 615 

out of county, requisites of 618 

*' disobedience to 619, 635 

on conditional examination 634 

in courts of special sessions 729 

by coroner 775, 776 

SUBSTANTIAL RIGHTS. 

of defendant, when affected, appeal allowed 619 

errors^not affecting, disregarded 542 

errors prejudicial u> 684 

SUFFICIENCY. 

ofindictment, how tested 284, 265 

of bail, qualiflcations 569 

of bail, now tested 671-674 

SUICIDE. 

coroner's inquest in cases of 773 

SUMMARY ARREST OF HABITUAL CRIMINAI^ 612 



342 INDEX. 

SUMMARY INQUIRY. SECnoiT 
into cironinHtancea before jndgment. 4S( 

(£See JUDQMBKT.) 

SUMMING UP BY COUNSEL. 

Srosecution to close 88S 
efeadant to dofle on appeal 640 

SUMMONS. 

against corporation 675 

id., form of. 67(1 

id . , ho w served 677 

against master 98] 

SUNDAY. 

arrest for felony on •• 170 

arreet for misdemeanor on 170 

id., only by direction of magistrate 170 

SUPERINTENDENTS OF POOR. 

powers of, tn proceedings to compel Bupx>ort of poor 
persons 92S 

SUPERIOR COURT— (See Courts.) 

SUPERVISORS. 

to provide accommodations for Jury....: 428 

how to audit coroner's accounts 78S 

SUPPORT. 

of bastards, who liable 830 

inability of father or mother of bastards to, to be dis- 
charged 878 

of poor persons 914 

(See Poor Persons.) 

SUPREME COURT. 

general term may remove Justices, ete 188 

special term may remove indictment 846 

appeals to, when allowed defendant 617 

appeals to, by people 618 

matter of right 620 

from courts of sessions on action originating in special * 

sessions '. 770 

decision of, on appeals f^om special sessions, is flnal. . . . 771 
(See Courts, supreme.) 

SURETIES. 

on bail, qualifications of. ......'.... 660-677 

may arrest defendant 691 

may authorize third person to arrest defendant 691 

action against 696 

defendant recommitted, on death of. 699 

id., on removal from state 690 

id., on insufficiency of. 690, 690 

SURRENDER. 

of defendant by bail 690 

by himself or sureties 690 

exoneration thereon 690 

sureties may arrest defendant 691 

deposit to be refunded on 692 

notice of, to district attorney • • 692 



INDEX. 343 

SURRENDER OF FUGITIVB. Sbctiow. 

tvom justice, proceedings on 827-83T 

110 lee to state officer on. ....#•....•• 837 

SURROGATE. 

to be present at execntion 007 

to si gu certificate o f death. 606 

SUSPICION OF FELONY. 

arrest on, without warrant 179 

arrest on, by private person 183 

SUSPICIOUS CIRCUMSTANCES. 

arrest or habitual criminal under • 612 



T. 

TAVERNS. 

offenses against law regalating, Jurisdiction 66 

TECHNICAL ERRORS . 

or defects disregarded on appeal ... 642 

TERMS. • 

used in this cot^e, meaning of. 955 

"writing" 956 

* oath" 957 

" signature " 958 

** magistrate " 959 

"peace officer" 960 

"court of sessions** 961 

TESTIMONY. 

in rebuttal, when allowed 388 

in case of treason 896, 397 

conspiracy ; S98 

of accomplice must be corroborated 899 

notes of. Jury maj^ take on retiring, when 426 

exception to admission or rejection of. ; . . . 455 

on new trial must be produced anew 464 

taken by coroner 778 

THREATS. 

information may be laid for -. 84 

confession maoe under influence of, not receivable in 
evidence 395 

TIME. 

when persons bound to keep peace must appear 94 

how stated in indictment 280 

to prepare'for trial allowed 857 

to serve exceptions may be enlarged 460 

id., as to amendments 460 

id., who may enlarge 460 

to be appointed for pronouncing judgment 471 

id., at least two days after verdict 472 

of executing death penalty 492 

id., to be certified 508 

of clerk to make return 532 



344 * INDEX. 

TIME OP COMlfEyCING CRIMINAL ACTIONS. Sbctiok. 

murder at auy time 141 

other crimes 142 

when defendant out of state 143 

when deemed commenced 144 

TITLE. 

of this act , 1 

TITLE OP ACTION. 

not changed on appeal 616 

TREASON. 

no conviction for, except on testimony of two witnesses 

to overt act 896 

proof of different treasons not sufBcient 396 

proof of, must correspond with allejerations 897 

outlawry of defendant upon conviction 814, 826 

{SeeovTi^iLWRY.) 

TRIAL. 

defendant entitled to speedy 8 

mode of. 354 

issue of fiftct, defined 354 

id.,howtried 355 

may be had in absence of defendant 356 

on charge of felony, defendant to be present 856 

Jury how formed 858 

Ghidlenges On. 

defined and divided ^ 859 

of several defendants 360 

cannot be severed 360 

to panel defined.. .;..... 361 

to what panel taken 361 

foundation of, stated 362 

how and when taken 863 

il' denied, exception may be taken 364 

manner of taking 864 

how tried 364 

proceedings on « 865 

amendment of. 365 

denial of, how made * 866 

trial thereof. 866 

who may be examined on trial 367 

ifallowed. Jury to be discharged 868 

if disallowed, jury to be impaneled 368 

defendant to be informed of right of 3G9 

to individual Jurors 370 

kinds of 870 

when to be taken 371 

peremptory defined 373 

number of, for defendant 373 

for cause, kinds 374 

general causes of. 375 

particular causes of 376 

implied bias 877 

when may be taken 377 

actual bias 878 

when may be taken 378 



INDEX. 345 

Challenges On. 

exemption notgroandof • ••• 379 

cauaes of, how stated ....380 

exceptions to and denial • 881 

how tried if denied 388 

juror challenged may be examined 883 

rules of OYidence on trial of. 884 

order of taking 386, 386 

Jury how formed 387 

to be sworn 387 

In what order to proceed 388 

opening for prosecution ^. 888 

opening ior defense '. .W 888 

rebutting testimony 388 

summing up 388 

charge to jury 888 

innocence of defendant presumed 389 

reasonable doubt entitles to acquittal. 390 

jointly indicted for felony 391 

separate trials if for felony 391 

if misdemeanor, id., discretionary 391 

rules of evidence same as La ciyii cases 392 

id., except as otherwise prescribed / 392 

defendant may testify for himself 393 

id., refusal creates no presumption against him 393 

compen&ation of witnesses, rules of 304 

confession b^ defendant 395 

id. , not sufficient alone to warrant conviction 895 

treason evidence on trial of 896 

id., two witnesses to overt act 896 

proof must correspond with indictment 397 

conspiracv, evidence on trial of 388 

id., what indictment fbr, must contain 398 

no conviction on evidence of accomplice unless corrobo- 
rated 399 

higher crime, if proved, jury discharged 400 

id, proceedings in such case 401 

where jurisdiction fails, prisoner discharged 402 

id., or facts charged constitute no offense 402 

id., proceedings In such case 403 

where crime committed out of state 408 

id., in another county 404 

id., notice to district attorney of proper county 405 

id., defendant discharged, when 406 

id., if arrested, proceedings on 407 

proceedings on discharge of jury 408, 409 

court may direct acquittal 410 

iury not bound by direction 410 

jury may view <octw of crime «.... 411 

Id. , how conducted 411 

id., duty of officer in such case 412 

Juror may be witness on trial 418 

id., must declare his knowledge 418 

Jurors may separate 414 

duty of officers in charge of jurors. 414 

Jurors not to converse until submission 415 

Id., duty of court to so instruct them 416 



C( 

I 



846 INEDX. 

TBXAJr-^CmMnued, Sjccnoir. 

juror inoapacitated by sickoess, eto 416 

court most decide all qaestioiiB of law 417 

id., except in cases of libol 418 

right of derendant to except .... A19 

Jury bound to receive law from court 419 

charge to jury, form of. 4*20 

jury exclusive judges of questions of fkct 420 

id., court must so charge them if requested 420 

Jury may decide in court, or retire 421 

defendant on bail may becommitterl on 422 

accommodations for Jury, how provided 423 

Id , boacd and lodgi ng 424 

Jury inKf take exhibits of evidence 425 

jury may take papers 426 

notes 01 testimony, when allowed 427 

Jury may return to court for information 428 

J>roceeding8 on 42S 
ury, when discharged before agreement 429 

reason for discharge to be entered on minntes 429 

Becond trial, after discharge 430 

court may adjourn while jury absent 431 

final adjournment discharges jury 4:i2 

verdict, how rendered 438>4&3 

discharge, after acquittal .».,, 452 

proeeedings on conviction , 453 

uisanity. acquittal on 454 

id., verdict to state fEUstof. 454 

id., may be committed to asylum 454 

exceptions on trial, when taiken 455 

id., when allowed 455 

id., how settled 456 

id., to be settled at trial 457 

id , unless otherwise directed 457 

id., how and when settled alter trial 458, 459 

id , time to prepare may be enlarfl;ed 460 

id., effect of not serving, deemed abandoned 461 

id., effect of not noticing forsetttement 461 

new trials defined 462 

id., when granted 46ft 

id.,eirect of granting 464 

id., in what cases granted 465 

id., when application for to be made 466 

stay of, on issuing commission 644 

of indictment for libel in newspaper 138 

defendant in special sessions may demand jury 703 

{See Vebdigt. 

TBIAL OF CHALLENGES— <5te Trial.) 

TRITE BILL. 

indorsement of, on indictment 268 

TWO-THIRDS. 

necessary to conviction on impeachment 125 



INDEX. 847 



U. 

'Din>EB SHERIFF. SBGTioir. 

ia a peace officer • 164 

^ miut be present at execution 607 

^ moat sign certficate of death '. 60S 

{See Shebiff, Pbacb Officbb.) 

UNDERTAKING. 

to secure peace, to be sent to sessions 95t 

id., when deemed broken 87 

onchangeof venue in libel casep 138 

to secure appearance of witness '. 216 

ik., when may be required 216 

id.,by inlUnts and married women 217 

for appearance in bastardy proceedings 844 

id., on conviction 851 

bv disorder ly person 901 

id., when forfeited 904 

id . , how prosecuted 90S^ 

id . , new one may be required 906 

UNDERTAKING OF BAIL. 

defined « 651 

on appeal 656 

form of. 66g 

furfeitore of. 69& 

{See Bail.) 

USUAL ACCEPTATION. 

of words used in indictment to be taken 282 

UnCA, RECORDER'S COURT OF. 

jurisdiction 81 

oy whom held 82 



V- 

VAGRANTS. 

classified HDd defined 887 

complaint against 886 

{proceedings , 888 
d., in case of child 888 

id., how kept 889 

peace officer must arrest 890 

conviction of 891 

certificate of conviction, form of. 891 

id., constitutes record of conviction 892 

warrant of commitment of. 892 

punishment of. 892 

child found begging, how disposed of 898 

disguised person to be arrested 894 

who may arrest **** 894, 896 

aid to officer 896 

refhsal to aid punished 897 

magistrate may depute person to arrest 898 



848 INDSX. 

VARIANCE. SBcnOK. 

between proof and indictment............ 452 

defendant aoquittedon, may beheld 452 

VERDICT. 

Jury cannot be prevented fh>m rendering, except aa 

herein prescribed 4to 

discharge of Jury before 428 

id., reason for, to be entered 429 

how rendered 433 

calling names of j orors 433 

on trial for felony defendant must appear 434 

for misdemeanor need not 434 

clerk to a aestion J ary 435 

answer of foreman 435 

what, may be rendered 436 

general, defined 437 

on plea of former conviction or acquittal 437 

special, defined, form of. 43^ 

ld.,noton trial lor libel 43B 

mast be in writing 439 

how rendered 439 

no particular form required 440 

howbroaght to aigoment 441 

defendant may close argument 441 

special, judgment thereon 442 

how given, on plea of not guilty 442 

on plea of former conviction, etc. 442 

special, when defective, new trial ordered. 443 

on indictment for crime of several desrees 444 

id. , jury may convict of inferior degree 444 

id., or attempt to commit 444 

in other cases 445 

on indictment against several, several verdicts may be 

rendered 446 

court may direct Jury to reconsider 447, 448 

id. , but not of verdict of acquittal 447, 448 

defective cannot be recorded 448 

Informal, judgment on 449 

polling Ihe jury on 450 

recording 451 

discharge of defendant after acquittal 45-2 

id., when not granted 468 

when defendant remanded on general verdict against 

him 453 

id., on special verdict ..*•••• 463 

of acquital for insanity 454 

id., jury testate the ibct with 454 

court may commit defendant to state lunatic asylum. ... 454 

contrary to law, new trial for 465 

former, not to be mentioned on new trial 464 

clearly against evidence 46) 

by lot, new trial for 463 

when not a bar •• 470 

lawful, erroneous judgment on may be corrected on 

appeal 643 

id . , in special sessions not cause for appeal. 760 

of coroner's jury..... 777 



INDEX. 34» 

TESSEL. SBCTioir. 
crime committed on, JnriBdietion ld& 

VIEW. 

of premises bj Jury allowed ill 

VILLAGES. , 

election of police Jnstices in 71^ 

id., salary to be nxed bj trustees 78 

police in lOO 

mast attend public meetings.... * 101 

VIOLATION. 

of rule in respect to second application for bail, a mis- 
demeanor 664 

W. 

WAIVER. 

of statement by defendant 201 

of defects in indictment. 814 

of notice of application for bail district attorney may 
make 671 

WALLS. 

of prison, defined...* 60S 

WANT OP PROSECUTION. 

dismissal of action for 087 

WARD. 

maybe challenged S77 

WARRANT. 

for execntion of death penalty 491, 604 

fbr execution of other sentences « 48& 

for seizure of property of person absconding, leaving 

flumly i 021 

{See Bbnch Wabbakt, Bastabds.) 

WARRANT OF ARREST. 

to secure the peace 86 

who may issue 146, 14T 

examination of complaint by mrvgistrate before 148- 

id., to be in writing and subscribed 14s 

what depositions must contain 14^ 

to be issued, when 150 

form and contents of. l-^^l 

what to contain 15'^ 

to whom directed 16a 

issued by certain judges 165 

by other magistrates 156 

indorsement fbr service in other counties 157 

for felony, how executed 158 

fbr misdemeanor 15& 

bail, on proceedings 160 

when bail is not given 161 

ofAcer may carry prisoner ttirough various counties. .... 16& 



360 INDEX. 

WARRANT OF ARREST— OmMntMd. SBOTiOir. 

powers and priTilegeti of oiUccr 163 

when magistrate issuing warrant unable to aot, may be 

taken befoi'e anottier magistrale 164 

defendant to be broagbt before magistrate without delay. 165 

J proceedings when taken before another magistrate 166 
or defendant at large after sentence of death 603 

for arrest of habitual criminal ». . .613 

by oorcuer after inquest 780 

for arrest of tligitive from justice 828 

in bastardy proceedings 841 

for arrest ox disorderly persons 900 

(^eeABBEST.) 

WBAPON. 

possession of by habitual criminal 612 

WITNESSES. 

defendant mayproduce 8 

id., may cross-examine advene 8 

insane, for people, deposition may be read 8 

id., not compelled to be 10 

on examination of defendant before magistrate 194 

subpoenas for 194 

to be examined in defendant's presence 195 

may be cix>ss examined 195 

defendant's, to be examined 201 

to be kept apart ' 202 

not to be present at examination of defendant 202 

majr be excluded 202 

testimony of, to be reduced to writing 204 

depositions to be authenticated. 204 

id. , what to contain 204 

id., how kept, inspection of. 204 

may be required to give undertaking 215 

aecnrity for appearance of. 216 

id. , infants and married women 217 

may be committed for refusal to give 218 

unable to give security may be conditionally examined. . 219 

id. , does not apply to prosecutor or accomplice 2S0 

undertakings of, to be returned to court 221 

maybe chsulen^cd as Juror 289 

names of, to be indorsed on indictment 271 

defendant may testify in his own behalf 893 

<:oin pensation of 894 

Juror may be sworn as 413 

of execution of death penalty 607 

attendance of. how compelled 607 

subpoena, who may issue 608, 609 

id, . district attorney may issue for grand Jury 609 

id., in support of indictment 610 

id. , clerk must issue blanks for defendant 611 

id . , fo rm of : 612 

id. , to produce books, papers, etc 613 

id., by whom served... 614 

id. , how served 616 

poor for people, how paid 616, 617 

out of the county how compelled to attend 618 

disobedience of, how punished 619 



INDSX 351 

VnTNESSES—OonHnued. Sbctiok. 

refiisal to be sworn howpaniaihed 619 

conditional exAminAtion of. 6-20 

id., when allowed 620, 621 

id., application for, how made 622 

id., where to be made 623, 624 

id., order for, what to contain 625, 626 

id ,copy of affidavit and order to be serred 625 

id . , proceedings on 627, 628 

id. , testimony to be reduced to writing, etc 628 

ie. , deposition to be retained by officer 630 

id., may be read in evidence, when 631 

id., excluded, when 632 

id. , objections to. on reading, may be taken 633 

id., witness may be compelled to attend •^ 6S4 

id., disobedience of, punished 636 

residing out of state may be examined 636 

examination on commission 636, 657 

id., defined 638 

id., application for order for 637 

id., must be on affidavit • 639 

id., what to contain .• 639 

id., where to be made 640, 641 

id., notice to district attorney, when 642 

id., order for 643 

on coron er *8 inqvest 775 

id. , compelling attendance of. 776 

mother of bastard must disclose father 866 

WORDS. • 
angr^, in presence of magistrate, security may be re- 
quired 93 

used in indictment, how construed 282 

of statute defining crime, need not be staictly pursued in 

indictment 883 

** prison," defined 606 

used in code, meaning of 955-861 

MTBITING. 

term includes printing ••• 066 

WRIT OF ERROR. 

abolished ..i....... ....•• 616 

Writs and process. 

court for trial of impeachments 20 

oyer and teiminer 24 

sessions 48 

do. , security to keep peace 86 

resistance to execution of.....» 102, 115 

warrant of arrest 150-166 

for removal of indictment abolished 846 

id . , for commitment 486 

id . , for execution of death 491 

id . , when day has passed 604 

summons against corporation 675 

su bpoenas 607-61 

id. , on conditional examination 68 



! 



852 INDEX. 

WBITS AKD PROCESS— CofiMfMteii. SbcTIOV. 

id.» on commission 636-6Sr 

id., In special sessiong 721^ 

id., in New York • 745 

id., by coroner..... 775, 77ft 

id.,b7 coroner 780-78a 

id., for arrest of Aigitive 828 

id.,offotlier ofbastard 841 

id. , of vagrants, disorderly persons S96-90O 

id. masters, apprentices, etc 928 

{See Bbkch Wabbants. Search Warbants.) 

WBITS FOR REMOVAL OF INDICTMENTS. 

heretofore existtng abolished 84ft 



TEAR. 

Appeal to b« taken in one 621 



»j 



FOEMS. 



No. 1. 

j 12. Articles of Impeachment. 

Articles exhibited by the assembly of the state of New 
York in the name of themselves and all the people 
of the state of New York, against , a , 

in maintenance of their impeachment against him 
for wilful and corrupt misconduct in his said office 
of 

Abticlb I. 

That the said , being a dvil officer of the 

state of New York, to wit : a , unmindful 

of the duties of his said office, and in violation of his 
oath of office, in this, to wit : that the said , 

acting in his said office, did 



to the great injury of , and to the great scandal 

and reproach of the people of the state of New York, 
and their dignity, and more particularly of the said 
office of 

Abticlb II., Etc., Etc. 

And the said assembly, saving to themselves by pro- 
testation the liberty of exhibiting at any time hereafter 
any of the articles of impeachment against the said 
, and also of replying to the answei's which 
he may make to the impeachment afoi*esaid, and of 
offering proof of the said matters of impeachment, to 
demand that the said be put to answer all 

and every of the said matters, and that such pi*oceed- 
ings, trisi and judgment may be thei*eupon had and 
given as are conformable to the constitution and laws of 
the state of New York ; and the said assembly are ready 
to offer proof of the said matters at such time as the 

23 



354 FORMS. 

honorable court for the trial of impeachments may order 
and appoint. 

By the assembly of the state of New York, in 
session 'duly convened at the capitol in the 
city of Albany, N. Y., this day of , 

in the year of our Lord one thousand eight 
hundred and eighty 

Speciker. 
Clerk. 

V OommUtee, 



No. a. 



f 17. Sommons to Court for Trial of Impeachment. 

The people of the state of New York, by the grace of 
Gkxi free and independent : 

To 

A radge of the court of appeals of the state of New 
York (or senator of the state of New York, 
for the senatorial distiict thereof), and a mem- 
ber of the court for the trial of impeaohments, and 
to the court for the trial of impeachments^ greet- 
ing: 
The court for the trial of impeachments is hereby 
summoned to convene and assemble to meet at the capi- 
tol in the citv of Albany on the day of , 188 , 
at o'clock in the noon, and you are hereby re- 
quired and sun^noned to be and appear in your own 
proper pei'son, at the time and place above stated, to 
organize and sit with the said court, upon the tiial of 
certain articles of impeachment then and there to be 
tried and determined before the said court, which have 
been made and presented by the assembly of the state of 
New York to the senate of the state of New York, 
against , a , for wilful and corrupt 
misconduct in office, and hereof fail not. 
Dated at the city of Albany, N. Y., this day of 
,188 

I^resident of the Senate of the State of New York. 



FORMS. 365 

No. 3. 

fl8. Oath to Members of Ckiurt. 

You do solemnly swnar (or a^rm) that you will truly 
and impartiAily try and determine according to evidence 
the articles of impeachment preferred against a 

for wimil and corrrupt misconduct in office, 
about to be presented before this court for the trial of 
impeachmente, of which you are a member, for its deter- 
mination. 



No. 4. 

^20. Writ and ProceBS Of Court. 

The people of the state of New York, by the grace of 
God, fi^e and independent : 
To greeting : 

You and each of you are hereby commanded and i:e- 
quired that, laying aside all other business, and all pi*e- 
tences and excuses whatsoever, you be and appear 
in your own proper persons before our court for the 
trial of impeachments, at on the day of 

A. D., 188 , at o'clock M. of thatoay, 

to be examined as witnesses, and to testify the truth and 
give evidence on our behalf (or on behalf of the respond- 
ent hereafter named) concerning articles of impeach- 
ment then and there to be tried and determined before 
this court, -which have been made against a 

, and hereof fail not at your peril. 

"Witness : The Hon. , the president of the 

Senate, this day of , A. D. 188 

.Attest. 
Clerk of the Senate. 



No. 6. 

$44. Order Removing Indictment. 
COURT OF SESSIONS— County of 
Thb Pboplb of thb Statb of 
Nbw York 

against 

It appearing to the satisfaction of this court that 
, county judge of the said county of 



356 FORMS. 



IB incapable of acting^ in the above criminal action pend- 
ing herein, by reason of [here set forth cause.] 

It is ordered that the same be and it is hereby trans- 
ferred to the court of o^er and terminer of the said 
county of , [or city court, as the case may be.] 



No. 6. 

$ 45. Order for Sessions. 

Terms of the county court and court of sessions of the 
county of : 

I do hereby order and appoint the terms of the county- 
court, and of the court of sessions of the county of » 
for the year 188 , to be held at the , in the 

of , and at the times following, viz: 

• On the second Monday of January. 

On the third Monday of Mai'ch. 

On the third Monday of June. 

On the second Monday of September, and 

On the second Monday of November. 

It is further ordered, that a grand and trial jnry be 
drawn and summoned to attend each of said terms. 

Dated, , 18 . 

County judge of the county of 



No. 7. 



f 68. Albany Special Sessions. Order for Bench Warrant. 

At a coui*t of special sessions, held at the City Hall, in 
the city of Albany, on the day of 18 . 

Present — Hon. A. Q., Recorder. 
Thb Pboplb 

V8, 






The above named having neglected to appear before 
this court, agreeably to a recoguizance given by him to 
app^u* thereat. Now, on motion of , 

district attorney, it is ordei*ed that a warrant issue for 
the arrest of said , and directing the officer 



FORMS. 857 

executing the same to bring the said before 

this court, if the court be then in session, and if the court 
is not then in session, that the said officer commit the 
said to the common jail of Albany county, 

there to remain until delivered by due course of law. 



No. 8. 



Crrr op Albaitt, 



Id. Bench Warrant. 



OouBT OF Special Sbssions. ) 

To the sheri£f of the county of Albany, the constables 
of the city of Albany, the members of the police foi*ce of 
the city of Albany, and to the special officers of the dis- 
trict-attorney of Albany countj^, and to each of you, and 
to the keeper of the common jail of the city of Albany : 

The people of the state of New York command you to 
take ', who was duly i*ecognized pursuant 

to law, to appear in our court of speciid sessions of the 
city of Albany, to answer to a complaint for 
triable therein, and who has neglected to appear thereat, 
agreeably to the requii*ements of such recognizance, and 
forthwith bring h before our said court-, at the City 
Hall, in the city of Albany, in said county, if our said 
court shall be at the time of such arrest in session, to- 
gether with this warrant ; but if the sa^d court be not in 
session, you are hereby commanded to commit the said 
to the common jail of the county of Albany, there 
to remain till h be delLvei-ed by the ciue course of law. 

Witness : Hon. Anthony Gould, recorder of the city of 
Albany, at the City Hall, in the city of Albany, this 
day of 188 . 

, Clerk. 

No. 9. 

f 84. Complaint and Examination on Application 
ibr Sxurety of the Peace 

}8S. 

of the of , upon 

oath complains and informs that 
of said of • hath threatened to commit 



S58 FORMS. 

a crime against the property of » 

in that said has threatened to 

and that hath jnst reason to fear that the said 

will commit the said ciime 
threatened. The said therefore 

prays surety of the peace to be granted against 

the said , and this doth 

not from any private malice or ill-will toward the said 
, but Edmply because is afraid, and 

hath good reason to fear that the said 
will commit the said crime threatened. * 

Whei*efore the said prays that a warrant 

may issue in due form of law against the said 

y and that may l^ dealt with touching the 

premises as to law and justice shall appertain. 

[JSigiuUure,] 

On the day of 188 the said 

personally appeared before me, and made oath to the 
&ath of the foregoing complaint and information sub- 
scribed by 

[SigTiature^} 



No. la 



§ 86. Warrant for Arrest ; Security to Keep 
the Peace. 



>ss. 



STATE OF NEW YORK, 

COUHTY OF 

OP 

In tne name of the people of the state of New York : 
To any peace officer of the county of , gi-eeting : 

Whereas, an information has been laid before me, 
justice of the peace of the of , in and for the 

said county, under the oath of , in the aforesaid 

county, that one , of the of , did, on 

or about the day of , 188 , at the of 

in said county, threaten to commit the cnihe of 

against the person of , and alleging there is 

just reason to fear the commission of said threatened 
crime, and further prayine* that a warrant issue for the 
arrest of said accused, and that he be dealt with pui*8u<« 



FORMS. 359 

ant to the provisions of the Code of Criminal Procedure, 
and after examining on oath said complainant and 

reducing h exammation to writing and caused the 
same to be duly subscribed ; by which examination it 
appears that there is just reason to fear the commission 
of the crime thi*eatened by said 

These are, therefore, to command you forthwith to ar- 
rest the said , so complained of, and to bidng 
h befoi*e me, at my office in the of , 
within said , to answer unto the matters contained 
in said information, and to be further dealt with accord- 
ing to law. 

Given under my hand, at the of , in said 

county, this day of , 188 . 

[/Signature.] 



No. 11. 



1 86. Warrant for Surety of the Peace on Threat to 
Commit a Crime against Property. 

Court, county of , fis : 

In the name of the x)eople of the state of New York : 
To any peace officer of the county of , greeting : 

Whereas, complaint and information on oath ha^ tMa 
day been duly laid by of the of 

, in the county of , before me, 

, a justice of the said 

of , that on the day of 

188 at the of , in said 

county, one did threaten to commit a crime 

against the property of in that 

and that he has just cause to fear that the said 

will and has demanded surety of 

the peace against the said and it appearing 

to me upon examination on oath, of the said 
and of that there is just reason to fear the 

commission of said crime threatened by the said 

against the peace of the people of the state of 
New York, and the form of ^ the statute in such case pi*o- 
vided; 

We, therefoi^ command you, forthwith to arrest and 
take the body of the said and bring 

before the said , at the in the said 



360 FORMS. 

of ) with this warrant and a return of vour 

doings thereon endorsed, to answer the said complaint 
and information, and to be dealt with according to law. 
Hereof fail not at your peril 

WitnessSy the said , at the , of 

, in the county aforesaid, the day of 

,188 

[/Signature,] 
By virtue of the within warrant, I have arrested the 
within named and now have him betor« 

the magistrate by whom this warrant was issued. 
Dated 188 



No. la 

H 85. 86. Examination. 
Couimr OF Albajty, ss.: 

The examination of and 

taXen upon oath before me, , a justice 

of said of , on the day of 188 , on 

complaint and information made before me, by the said 

against for the purpose of 

obtaining surety of the peace. 

The said on oath aforesaid, before 

me, saith that on the day of , 188 . at 

in said of , did threaten this deponent 

that would the said 

The said on oath aforesaid, before 

me, saith that was present at the 

of at the time mentioned in the above exam- 

ination of , and that heard the said 

on that occasion make use of the threats 
above stated in the said examination, and 

that this deponent hath at various times and on 

(Uvers occasions within the last months heard the 

said assert and swear that would 

the said 

Taken before me the day and year first above men- 
tioned. 

[JSigTiatttre,] 



FORMS 361 

No. '3. 

$89. Undertaking to Keep the Peace. 
STATE OF NEW YORK, ) 

COUKTY OP >8S. 

OP , 5 

Whereas, an information was laid before 

f esq., justice of the peace, on the day of 
, 188 that 
had, at said , on the day of » 

188 , threatened to commit the crime of 

against the person 

and said magistrate having examined on oath the com- 
plainant and witnesses, and reduced h exainination 
to writing, and caused tJiem to be duly subsciibed ; 

Whereupon a warrant was issued, and proceedings 
were duly taken before such magistrate, and it appears 
by the evidence that there is just reason to fear the com- 
mission of the said crime, and the said person com- 
plained of is required to give security in the sum of 
i to keep the peace, pursuant to the 

provisions of the Code of Criminal Procedure ; 

Now, therefore, we, the undei*signed, residing in the 

of , N. Y., do hereby acknowledefe 

ourselves to be jointly and severally indebted to the 

people of the state of New Yoi'k in 'the sum of 

dollars, to be well 
and truly paid, if default shall be made in the conditions 
following : Thb CoKDrrioKS of this undertaking are such, 
that if the said person complained qf 

shall personally appear at, and abide the order 
of, the next court of sessions of the county of , 

N. Y., and shall in the mean time keep the peace towards 
the people of this state, and particularly towards the 
said , the complainant, 

then this undertaking to be void, otherwise of full force. 
Taken, subsciibed and acknowledged, ) 
before me, this day of , 188 . ) 

[Signature,] 



862 FORMS. 

No. 14. 



>8S. ' 



i 90. Warrant of Commf tment^ Security to Keep 

the Peace. 

STATE OP NEW YORK, 
County op 

OF 

In the name of the people of the state of New York : 
To of *he of , and to 

the keeper of the common jail of the county of 

Whereas, , of the of 

, county of , N. Y., was charffed 

under an information duly laid before me, the under- 
signed justice of the peace, with threatening to commit 
the crime of » 

against the 

Aiid such proceedings were thereupon had before me» 
pursuant to the provisions of the Code of Criminal Pi*o- 
cedure, that there appeared just reason to fear the com- 
mission of the crime thi'eatened by said person com- 
plained of ; 

Whereupon he, the said accused, was required by me 
to enter into an undertaking in the sum of 

dollars, with sufficient suret , to 

abide the order of the next court of sessions of said 
county ; and in the meantime to keep the peace towards 
the people of this state, and particulai'ly towards the 
complainant. 

And whereas, said accused has neglected and omitted 
to give or enter into said undertalung so required of 
him ; by reason whereof he is hei-eby committed. 

These are, therefore, to command you, the said consta- 
ble, forthwith to convey and deliver him, the said 

, into the custody of the keeper of 
the common jail of said county; and you, the said 
keeper, are hereby required to receive the said 

into your custody in the said jail^ 
and him safely keep and detain there, until he shall find 
such sureties as aforesaid, or be discharged according to 
law. 

Given under my hand, at the said of » 

this day of , 188 . 

[^Signature.] 



FORMS. 86S 

No. 16. 

$ 102. Bequisition of Sheriff for Military Aid. 

** To Brigadier-General (or other commanding officer) : 
Sir : Having been this day I'esisted in the execution of 
a warrant of a magistrate for the an'est of A B., charged 
"with murder (or having I'eason to apprehend that resist- 
ance is about to be made to the execution of the process), 
I, the sheriff of the county of , in pursuance of the 

statutes of this state, in such case made and provided, 
do hereby require you and the military under your com- 
mand (or men of your command), armed and equipped 
as the law directs^ to aid me in the execution of said war- 
rant (or other process, as the case may be), and that 
you* report youi-self forthwith to me (or on the day 

of , 18 , at 9 o'clock, noon) with your said com- 

mand (or with the said number of men), ready for ser- 
vice at 
Dated , 18 . 

C. D., Sheriff of county.* 



No. 16. 

$ 103. Certificate of Besisters. 
To the court (from which process issued) : 

I, the sheriff of county, do hereby ceiiify to the 

court that the following are the names of the persons 
resisting the process (describing it) and their aidjers and 
abettors. 
Dated 18 . 

CD., Sheriff of county. 



No. 17. 

$ 111. Beqnisition of Sheriff for Military to qaell a Biot. 

To Brigadier-General (or other commanding officer) : 

Sir: A riot and breach of the peace (or unlawful as- 
sembly, as the case may be) having occurred at ^ 
in the county of , I, the sheriff of said county, in 
pursuance of the statute in such case made and pro- 
vided, require you with (describe the kind and number 
of troops), armed and equipped as the law directs, to 



864 FORMS. 

aid me in quelling said riot and breach of the peace i 
and that yon repoi't yourself forthwith to me at , 

unth yoor said command ready for service. 
Dated , 18 

C. D., Sheriff of oonnty. 



NOb 18. 



f 188. Bond to Change Venae in Libel caBes. 

Enow all Men by these presents, that I, prin- 

cipal and and sureties/ of the of 

and state of New York are held and firmly bound 
nnto of and a resident of the state of New 

York in the sum of dollars, to be'' paid to the 

said or to certain attorney, executors, 

administrators or assigns. For which payment well and 
truly to be made we bmd ourselves and our heirs, execu- 
tors or administrators, jointly and severally, firmly by 
these presents. Sealed this day of , in the 

year of our Lord, one thousand eight hundred and 

The condition of this obli«ition is such, that whereas 

an indictment has been found a^ainslr the above named 

in the court of m and for the county of 

, for libel against the above named , m a 

certain paper pnbnshed at and known as , 

and whereas the above named dedires to have the 

place of trial changed to county where said libel 

was printed as alleged, now therefore if the above 
bounden if the place of trial be changed as 

aforesaid, and he shali be convicted of the said libel, 
shall and do well and truly pay or cause to be paid to 
the above named , his reasonable andnecessary 

traveling expenses in going to and from his place of 
residence and place of trial, and his necessary expenses 
in attendance thereon, without fi*aud or delay then the 
preceding obligation to be void, otherwise to I'emain in 
mil force and virtue. 

L. 8. 
L. s. 
L. 8. 



FORMS. 369^ 

STATE OF NEW YORK, ) . 

county of . ) * 

On this day of in the year one thousand 

eight hundred and before me, the subscriber^ 

personally came to me known to be the person 

described, in and who executed the. within instrumont^ 
and acknowledged that he executed the same. 

(Indorsed). I do hereby approve of the sufficiency of 
the within named sureties. 

Dated 

T. R. W., Justice Supreme Court. 



No. 19. 



§151. Information for AflTay. 

county of > ss : 

being duly sworn, deposes and says, that 
he . in said of ; that, on the 

day of 188 at the of 

9 in said county, did, with force and 

arms, make an affray, by fighting ^Ith in a 

public place, to wit : against the peace of the 

people of the state of New York, and the form of th» 
statute in such case provided. 

Taken, sabscribed and sworn to before me, this 
day of 188 



NOb 20. 

Id. Information for Arson. 

county^ of , ss. : 

bemg duly sworn, deposes and says : That 
he resides in the of that in the 

time of the day of 188 one 

did willfully set fire to or bum a cei^tain to wit : 

in the of (in which there were at th^ 

time human beings,) to wit : by 

Taken, subscribed and sworn to before) 
me, this day of , 188 • ) 



SM FORMS, 

No. 21. 

Id. InformAtion for Arson, 2d and 3d Degrees. 

county of » ss. ; 

being duly Bwom, deposes and says : That 
he resides in the of ; that in the time 

of the day of > 188 , in the of one 
did willfully set fire to or buni the shop, wa]*ehouse or 
other building, to wit : in which there was 

not at the time a human being ; said adjoined 

to or was within the curtilage of aa inhabited dwelling- 
house, to wit : so that the said house was 

endangered by such firing ; in that said did 

Taken, subscribed and sworn to before ) 
me, this day of 188 . > 



No. 22. 



Id. Information for Assault and Battery. 
COUBT, ) 

County op $ f 

being duly sworn, deposes and says : That 
he in the said of , tmtt on the 

day of , 188 , at the of , in said 

county, one with force and arms, did make an 

assault, and him the said did then and there 

beat, wound and ill-treat, without cause or provocation 
by 

Subscribed and sworn to before me, 
this day of 188 . 



} 



No. 23. 

Id. Information for Assault with Intent to Kill. 

county of ss : 

being duly sworn, deposes and says : That 
he resides in the of , that on 

the of , 188 , at the . of , 

in said county, with force 



FORMS. 

and armsy in and upon the Baid 

then and there being, feloniously did make an assault, 
and the said with a certain 

which the said then and there 

in hand had and held» the said being then 

and there a deadly weapon, and such means and force 
as were then and there likely to produce death, feloni- 
ously did beat, strike, cut and wound with intent him, 
the said then and there, feloniously 

and willfully to kill by 

Taken, subscribed and sworn to before me, this 
day of ,188 . 



No. 24. 

Id. Information for Assault with Intent to Kill 
witti Firearms. 

county of ss : 

being duly sworn, deiXNses and 
says: That he resides in the of 

that, on the day of 188 , at the 

of , in said county, with 

force and arms« in and upon the body of 
in the peace of the said people then and there being, 
feloniously did make an assault, and to, or toward and 
against the said a certain 

then and there loaded and charged with gun- 
powder and lead, which the said then 
and there had and held the same, being then and thei*e 
likely to produce death, willfully and feloniously did 
then and thei*e shoot off and discharge with intent him 
the said 

thereby then and there feloniously and willfully to kill 
by 

Taken, subscribed and sworn to before me, this 
dayof ,188 . 



No. 25. 



Id. Information for Assault with Intent to 
Ravish Woman Ten Yeara and Oyer. 

county of , ss : 

being duly sworn, de^xxses and sayB : 
i^at he resides in the of ; that 



868 FORMS. 

on the day of , 188 , at the of 

in Baid county, . with force and arms^ 

m and upon » she then and there beings 

a woman of the a^e of ten years and upwards, in the 
peace of Gkxi and of the said people then and thero 
being, violently, forcibly and feloniously, did make an 
aflsaulty aiid her, the said then and there 

violently, forcibly and against her will, feloniously did 
ravish and carnally know by 

Taken, subscribed and sworn to before me, this 
day of , 188 . 



No. 26. 



Id. Informstioii for Assaalt, etc., on Child under 
Ten Years ol' Age. 

county of ,68: 

being duly sworn, says that he resides in , 

that, on the day of , 168 , at the . of , 

in said county, , with force and arms, in and 

upon one , she then and there being a female child 

under the age of ten yeai*s, to wit, of t^e age of years, 
in the peace of God and the said people then and there 
being, did make an assault, and her, the said , 

then and there did beat, wound and iU ti*eat, so that her 
life was gi'eatly despaired of, with intent, her, the said 
, feloniously, to unlawfully and carnally know by 

Taken, subscribed and sworn to before me, \ 
this day of , 188 . 5 



No. 27. 
Id. Information for an Assaalt on an Officer. 

county of , ss : 

being duly sworn, deposes and says : That he, 

, that on the day of , 188 , at the 

of ' , in said county, one , with force ana 

arms, in and upon on^ , he then and there being 

a and peace officer of the said of 



FORliB. 869 

, and a . » unlawfully and violently» wi&etit 

justifiable or excoaable .cause, did assault, beat, bmise, 
wound and use personal violence upon, and him evi( 
ti*eat, while he, the said , so beings a ' and 

peace officer aforesaid, was then and there lawfiilly 
engaged in the .cUscharge of his duties as such 
and peace officer of said of , and him, the said 

peace officer as aforesaid, did unlawfully and 
willfuily resist in the dischai'geof his duties as such 
peace officer, against the peace of the people of the state 
of New York, and the fonn ei the statute in such case 
provided by 

Taken, sworn to and subscribed before me, 
this day of , 188 . 



} 



No. 28. 



Id. Information for Clonflning Cows In a Orowded 
Condition, eto. 

coun^ of , ss : 

beinflf duly sworn, deposes and says: That he 
resides in ^le of ; that on the day of , 

188 , at the of , in the county of , one 

wickedly, unlawfully and wilfuUy then and there, 
to wit, in ', in said city, did keep divers cows for 

the production of milk for market, sale or exchange in a 
crowded and unhealthy condition, or did feed divers 
cows, then and there kept by him, the said , on 

food that produces impure, diseased and unwholesome 
milk, to wit, distillery waste,, usually called swill, or 
, in violation of the statutes in such case made 
and provided. 

Taken, subscribed and sworn to before me, ) 
this day of , 188 . j 



No. 29. 

Id. Information for Inlnry to Animal by 'Act 
or Neglect. 

county of , ss : ^ 

being duly sworn, deposes and says : That he 

rendes in the of ; that on the day of 

24 



870 FORMS. 

188 , at the of , in the of » one 

did by his act or neglect, wilfully, wickedly and 
maJicionsly kill, maim, wound, injui'e, tortui'e and cruelly 
beat a certain horse, mule, ox, cattle, sheep or other 
animal, to wit^ , belonging to him, the said , 

or to one , by then and there 

Taken, subscribed and sworn to before me, ) 
this day of , 188 . ) 



No. 30. 



Id. Information for Keeping, etc., Place for 
Fighting Animals. 

comity of , 88 : 

being duly sworn deposes and says : 
That he resides in the of ; that on the 

day of 188 , at the of 

in the county of , one wilfully, 

tmlawfully and wickedly, did keep, use, was connected 
with as , interested m the management of, 

did receive money for the adnusaon of divers persons to 
a certain place, to wit : 

for the purpose of, and such place was then and there 
kept or used for the purpose of fighting or baiting cer- 
tain bulls, bears, dogs, cocks or other creatures, to wit : 

Taken, subscribed and sworn to before me, ) 
this day of , 188 . ) 



No. 31. 



Id. Information fbr Overdriving, etc., Anjk 
Living Creature. 

county of , ss : 

being duly sworn, deposes and says : 

'^That he resides in the of ; that on the 

. day of , 188 , at the of one 

,did willfully, unlawfully, wickedly, or cause 

or procure to be overdriven, overload, toHure, torment, 

deprive of necessary sustenance, unnecessarily beat, 

cruelly beat, needlessly mutilate, needlessly kill, a cer- 



FORMS. d71 

tain living creature, to wit : 
by then and there 

Taken, subscribed and sworn to before me, ) 
this day of ,188 . > 



No. 32. 

Id. Information for Setting on Foot, eto., Fights 
Among Game Animals. 

county of , ss : 

bein^ duly sworn, deposes and says, that 
he resides in the of » that on the 

day of » 188 , at the of 

, in the county of , one did 

wickedly, unlawfully ana willfully set on foot, instigate, 
move to, caiTy on, promote, engage in as a witness, 
assistant, umpire or judge, or did towards the 

fui*therance of a premeditated fight or contention between 
game birds, e^ame cocks, dogs, bulls, bears, dogs and 
rats, dogs and badgers or other animals, to wit : 
which had been theretofore and was then and there, to 
wit : on the day aforesaid at the and in the 

county aforesaid, premeditated by certain persons 

who then and there, to wit : at the time afoi*e- 
43aid» and in the place aforesaid, did have the ownership 
or custody of such animals, to wit : of the aforesaid 

in violation of the statute in such case made and 
provided. 

Taken, subscribed and sworn to before me, \ 
this day of , 188 . 5 



No. 33. 



Id. Information Against Disorderly Child. 
STATE OF NEW YORK, ) 

CoDNTY OF , 5 ®® • 

bein^ duly sworn, deposes and says, that he 
in said of ; that is a 

•disorderly child, for that he deserted h 

home without good and sufficient cause, and kept com- 



372 FOBMB. 

pany with diBsolute or vicioufl persona, a£[ainst the law> 
Tul commands of h and is a disorderiy child, 

within the intent and meaning of the statute ; and is of 
the age of yeains, that the £&cts upon which thi& 

affidavit is based ai'e as follows : 

Taken, subscribed and sworn to before me, ) 
this day of , 188 . ) 



No. 34. 

Id. Information for Disorderly House. 

county of , ss: 

being duly swoi*n, deposes and says : That 
he resides in that the premises known as 

No. street, in the of in said county^ 

were on the day of 188 f kept, maintained^ 

conducted and occupied by as a common, ill- 

fovemed and disorderly house, and common bawdy- 
ouse and house of prostitution, and a resort for tipplers^ 
drunkards, common prostitutes and reputed thieves, with, 
other vile, wicked, idle, dissolute and disorderly men 
and women, and reputed thieves, who, or most of.whom^ 
are In the practice of drinking, dancing, quarreling, 
fighting, whoring, rioting, disturbing the peace, cursings 
and swearing at almost all hours of the day and night, 
to the great damage and common nuisance of the people of* 
the state of New York, there inhabiting, residing in the 
neighborhood, and passing thereby ; that the gi^ounds of 
deponent's knowledge are 

Taken, sworn to and subscribed before ) 
me» this day of 188 . ) 



No. 36. 



Id. Information for Permitting, etc.. Place to be 
Kept and Used for Fighung Dogs, etc. 

county of , ss : 

being duly sworn, deposes and says : That 
he resides in the of ; that on the 

day of , 188 , one did permit and suJfTer 



FORMa. 873 

a certain place» to wit : to be kept and used for 

the purpose of fighting or baiting bulls, bears, dog[8« 
cocks or other creatures, to wit : he, the said 

being the thereof. 

Taken, subscribed and sworn to before ) 
me, this day of , 188 . ) 



No. 36. 

Id. Information for Embezzlement. 

county of , ss: 

being duly sworn, deposes and says : That 

lie resides in the of ; that on or about the 

day of 188 , at the of , in 

€a:d county, one being a servant or agent of 

and not an apprentice, nor within the age of 

eighteen years, did feloniously embezzle, and convert to 

his own use, without the assent of the said , the 

property of the said which had come into the 

possession of said as such servant or agent by 

Taken, subscribed and sworn to before ) 
me, this day of • 188 . > 



No. 37. 

Id« Information for False PretenocB. 

coonty of ^ , ss : 

being duly sworn, deposes and says : 
That he resides in the of ; that, on the 

day of , 188 , at the of , in said 

county, , with force and arms, with intent 

feloniously to cheat and defraud one did 

then and there feloniously, unlawfully, knowingly and 
designedly, falsely pretend and represent to the said 

that 
and the said then and there believincf the 

said false pretenses and representations so made as 
aforesaid, by the said , and being deceived 

thereby, was induced by reason of the false pretenses 






374 FORMS. 

and representations so made as aforesaid to deliver, and 
did then and there deliver to the said 

of the value of dollars, of the proper moneys*, 

valuable things, goods, chattels and pei-sonal property 
and effects of the said , and the said 

did then and there receive and obtain the said 
of the value of dollars from the said 

of the proper moneys, valuable things, goods, chattels 
and personal property and effects of the said 

by means of the false pi^etenses and repre- 
sentations aforesaid, with intent feloniously to cheat and 
defraud the said of the said 

of the value of dollars ; that in fact and in truth 

the pretenses and representations so made as aforesaid 
by the said to the said was and 

were in all raspects utterly false and untrue ; that in 
fact and truth the said well knew the said 

pretenses and representations as by him made as afore- 
said to the said to be utterly false and untrue 
at the time of making the same. 

That the said by means of the false pre- 

tenses and representations aforesaid, feloniously, unlaw- 
fully, falsely, knowingly and designedly did receive and 
obtain from the said 

of the value of dollars of the proper moaeyB, val- 

uable things, goods, chattels and personal property and 
effects of the said with intent feloniously to 

cheat and defraud the said of the samd 

Taken, subscribed and sworn to before me, \ 
this day of , 188 . ) 



No. 38. 

Id. Information lor Felony or Misdemeanor. 

county of , 88 : 

being duly sworn, deposes and says : That 
he resides in ; that one at the of 

, in the county of aforesaid, on the 

day of , 188 , did feloniously, wrongfiiUy, unjustiy^ 
unlawfully, wickedly, wilfully, corruptiy, falsely, 
maliciously and knowingly violate chapter of the laws 



FORMS. 37& 

of the state of New York, passed . in that he 

did 

Taken, subscribed and sworn to before me> ) 
this day of , 188 . > 



No. 39. 

Id. Information for FoiKerjr. 
county of ,8s: 

^ being* duly sworn, deposes and says : That 
he resides in the of ; that one at 

in , with intent to injure and defraud, feloniously 

did falsely make, forge afid counterfeit, and cause and 
pi*ocure to be falsely made, forged and counterfeited, 
and willingly act and assist in the false making, forging 
and counterfeiting a certain , which said false, 

forged and counterfeited is as follows, that is to 

say, by 

Taken, subscribed and sworn to before me, \ 
this day of . , 188 . 5 



No. 40. 



Id. Information for Assanlt— Sharp, Dangeroos 

Weapon. 

county of , ss : 

being duly sworn, deposes and says : That 
he resides in the of that on the 

day of 188 , at the of , 

in said county, with force and arms, in and 

upon the said then and there being, did make 

an assault, and the said with a certain 

the said being then and there a shai*p, danger- 

ous weapon, which the said then and there, 

in his hand had and held, then and there did 

beat, strike, cut, stab and wound, with intent upon him, 
the said then and there feloniously to do bodily 

harm, without justifiable or excusable cause, by 

Taken, subscribed and sworn to before > 
me, this day of , 188 . ) 



376 F(HIMS. 

No. 41. 

Id. Informstibn for Bigamy. 

county of ss : 

being duly 8wom» deposes and says : That 
he resides in the of that one 

on the day of 188 , at the 

of did marry one and the 

siud did then and there have for and 

that the said heing so manied afterward, to 

wit : on the day of , 188 , with 

force and anna at the of in the 

county of feloniously did marry and take as 

one and to the said was 

then and there married, the said hemg then 

and there living and in fall life. 

Taken, subscribed and sworn to before ) 
me, this day of , 188 . > 



No. 42. 

Id. Information for Breach of the Peace. 

counter of , ss : 

being duly sworn, deposes and says : That 
he is a in said town of in said 

county, that on the day of , 188 , one 

did make a breach of the peace by quarreling, 
fighting and making a loud noise, and collecting a crowd 
in in sud of 

Taken, subscribed and sworn to before > 
me, this day of 188 • f 



No. 43. 



Id. Information for Acts Tendinis to Create a 
Breach of the Peace. 

county of , es. : 

being duly sworn, deposes and says : That 
he in said of , that on the 

day of 188 , at the city of , in said county, 

one did which had a tendency 



FORMS. 877 

to excite h , and cause h to create a breach of the 
peace ag'ainst the peace of the people of the state of New 
York, and the form of the statute in such case provided* 

Taken, subscribed and sworn to before ) 
me, this 188 . ) 



MOb 44. 



Id. Information for Burglary, First Degree* 
and Laroeny. 

county of » ss : 

being duly sworn, deposes and says, that 
be reridefi in the of I that, on the 

daydT 188 , at the of , in said county, 

with force and arms, about the hour of 
in the night time of the same day, the dwelling-house of 
another, to wit, of one there situate, feloniously 

and burglariously, did break into and enter by forcibly 
bursting and breaking an outer door of the said dwelling, 
or by in which said dwelling-house there was 

then at the same time some human being, to wit : 
with intent feloniously and burglariously to commit some 
crime therein, to wit: then and there the goods and 
chattels of the said in the said dwemng-house 

then and there being, and then and there feloniously and 
burglariously to steal, take and carry away, and 
of the value of dollars, of the goods, chattels and 

Iiroperty of the said in the said dwelling-house 

then and there being, feloniously, bui'glariously, did 
steal, take and carry away by 

Taken, subscribed and sworn to before ) • 
me, this day of , 168 . ) 



No. 46. 

Id. Information for Bnrglary and Larceny. 

ooimty of , Bs : 

being duly sworn, deposes and says : 
That he reeddea in the 6i that, 

on the day of , 188 »at 



878 FORMS. 

the of f in said county, 

with force and arms, the 
of one there Bituate» felonionsly and 

bui'glaiionaly did break into and enter, the same being- 
a as above, in which divera goods 

and merchandise and valuable things were then and 
there kept for use, sale and deposit, to wit, the goods 
and chattels of the said . in said as 

above, then and there being, then and there feloniously 
and burglariously to steal, take and caiTy away 

of the value of dollars, of the ^ods and 

chattels and property of the said m the said 

as aoove, so kept as aforesaid, then and 
there being feloniously and burglariously did steal, take 
and caiTy away by 

Taken, subscribed and sworn to before me, ) 
this dayof , 188 . J 



No. 46. 



Id. Information Against Persons Having Custody 
of Child Permitted to Beg, etc. 

county of , ss : 

being duly sworn deposes and says : 
That he resides in the of that 

has the custody of a child under the age of 

fourteen years, and permits and neglects to restrain 
such child from begging, gathering, picking and sorting 
of rags, and from collecting cigar stumps, bones and 
refuse from markets in said of , in that 

he 

Taken, subscribed and sworn to before me, ) 
this dayof ,188 . 5 



No. 47. 

Id. Information as to Violation of Ordinances. 

county of ss : 

being duly sworn, deposes and says : 
That he reeddes in the of , N. Y. ; thatr 

on the day of , 188 , in said 



FORMS. 879 

one did willfully and nnlawfolly violate 

chapter of title of the laws and ordinances of 

the of aforesaid, relating to 

in that he did 
Subscribed and sworn to before me, ) 
this day of 188 .) 



Na 48. 



Id. InTormation for Abandoning Maimed Creatoie 
in a Public Place. 

oountyof , ss: 

being duly sworn, deposes and says : That 
he resides in the of that on the day 

of , 188 , one did willfully, unlawfully and 

wickedly then and there abandon to die in a certain 
public place in said of , to wit : a certain 

n:iauned, sick, infirm and disabled creature, to wit : 

Taken, subscribed and sworn to before ) 
me, this day of , 188 . y 



No. 49. 

Id. Information for Aiding, etc., Persons to 
Fight Dogs, etc. 

ountyof , ss: 

being duly sworn, deposes and says : That 
he residee in the of ; that on the day of 

, 188 , at the of one did willfully, un- 

lawfully and wickedly encourage, aid and assist one 
to keep a certain place, to wit : or to 

receive money for the admission of divers persons to a 
certain place for the purpose o^ and such place 

was then and there, by the aid of the said un- 

lawfully kept and used by the said for the pur- 

pose of fighting, baiting certain bulls, bears, dogs, cocks 
or other creatures, to wit : 

Taken, subscribed and sworn to before ) 
me, this day of , 188 • > 



S80 FORMS. 

Na 6a 

Id. Infonnation for AUowIog Disabled Animals 
to Lie In Highways, eto. 

county of , as : 

being duly sworn, depoeea and savg : That 
Tierendesinthe of ; that on the 

day of f 188 , at the of , one 

then and theretofore bein^ the owner, driver 
or in poesession of a certain old, maimed and diseased 
lioi'se or mule, which had theretofoi-e been turned loose 
or left disabled in a certain street, lane or public place in 
said of , to wit : did 

unlawfully, willfully and wickedly, for more than three 
bours after knowled^ of such diBabOitv, allow such 
horse or mule to he ma certain street, lane, or pubUc 
place in said city therein, to wit : 

Taken, subscribed and sworn to before ) 
me, this day of , 188 . > 



No. 61. 



Id. Information for Garrrying Creatares in 
a Cmel Manner. 

county of , ss : 

beine duly sworn, deposes and says: That he 
Tesides in the of ; that on the day of , 

188 , one did willfully, unlawfully and wickedly 

carry or cause to bo carried in or upon a , a certain 
creature, to wit, , in a cruel and inhuman 

manner, by then and there 

Taken, subscribed and sworn to before me, ) 
this day of , 188 . > 



No. 62. 

Id. Information for Keepings etc., a Room, etc., 
for Gamoling. 

county of , ss : 

being duly sworn, deposes and says : That 
he reeddes in the of ; that on the 



FORMS. 881 

day of y 188 , and at the present time, did and 

does keep a room, building, arbor, booth, shed, tene* 
ment, boat or float, to wit : at in the 

of 9 to be used or occupied for gambling, to 

wit : or did and does knowingly permit 

the same to be used or occupied for gambling, to wit : 

being the owner, sux)erintendent or agent 
of a room, building, arbor, booth, shed^ tenement, boat 
or float, to wit : at in the of 

did and does rent thejGuune to be used orooeop&ed 
for gambling, to wit : 

Taken, subscribed and sworn to before me, ) 
this day of , 188 . f 



Na 63. 



Id. Information for Selznre, etc., of Gambling 
Apparatns. 

county of , ss : 

being duly sworn, deposes and says : That 
he resides in the of ; that one 

ha3 committed an offense. In that he did 

and has as deponent has reason to believe and does 
believe upon his person or at in the of 

certain aiilcles of personal property, to wit : 
or gambling tables, devices or apparatus for the pur- 
pose of or public or private lottery policies, 
to wit : the discovery of which may lead ta 
establish the truth of said charge for which complaint ia 
hereby made against said 

Wherefore deponent prays that a warrant may issue as- 
provided by Law for the arrest of said for 
dili^nt search to be made for such property, tables, 
devices or apparatus, and if found, to bring the same 
before the magistrate or justice issuing the warrant, or in 
case of his abeence or inability to act, before the nearest 
or most accessible magistrate in the county of 
Taken, subscribed and sworn to before ) 

md, this day of , 188 . > 



882 FORMS. 



fS- 



Na 64. 

Id. Information for InterfBring with an Officer. 

STATE OF NEW YORK, 
County op 

being duly sworn* deposes and says : That 

he is a in said of ; that on the 

day of , 188 , at the ^^ . »^ 

said county, with force and amis, did unlaw- 

fiolly, desifin^edly and feloniously, forcibly interfere with 

, he then and there being a of the 

of , and having in legal custody one 

upon a criminal charge, to ¥dt, upon the 
charge of committed by him, the said 

upon one by 

Taken, subscribed and sworn to before > 
me, this day of , 188 . > 



No. 65. 

Id. Information for Killing Unborn Qoiok Child. 

county of , ss : 

being duly sworn, deposes and says : That he 
iresides in the of ; that on the 

day of 188 , at in the county of 

one did feloniously and wilfully kill an unborn 

quick child by an injury to the mother of such child, in 
that he did 

Taken, subscribed and sworn to before me, \ 
this day of , 188 . J 



No. 56. 

Id. Information for Larceny. 

county of , ss : 

being duly sworn, deposes and says: That he 
resides in the of , that on the 

day of 188 , at the of , in said 

county, divers goods and chattels of the value of 
dollars and cents, that is to say : 

were feloniously stolen, taken and carried away from the 



FORMS. 888 

possession of the said , and that he has just cause 

to suspect and believe, and. does suspect and believe, and 
there is probable cause to believe, that did steal, 

take and cany away the same; that the fiicts upon 
which this affidavit is based are as follows : 

Taken, subscribed and sworn to before me* I 
this day of , 188 | 



No. 67. 

Id. Information for Larceny from the Person. 

county of , ss : 

being duly sworn, deposes and says : That 
he resides in the of , that, on the 

day of , 188 , at the of , in said 

county, , with force and arms, from the 

person of , of the value of dollars, of 

the goods, chattels and personal properhr of the said 
then and there being found, feloniously did 
steal, take and carry away by 
Taken, subscribed and sworn to before me, \ 
this day of ,188 f 



No. 68. 

Id. Information for Libel. 

county of , ss : 

being duly swoni, deposes and says : That 
he resides in the of ; that on the day of 

instant, at in said county, one 

did falsely, maliciously and scandalously frame, make, 
write and compose in a certain false, scandalous and 
libellous writing of^ concerning and against the said 
to the purport and e£fect following, to wit: 

and that with intention to scandalize and disgrace the 
said , and to bring him into contempt, infamy 

and disgrace, the said , did afterwards, to 

wit, on the day of , 188 , at the 



8d4 FORICS. 

aforesaid, openly deliver and publish to the 

said false, scandalous and libellous in that he did 

Taken, subscribed and sworn to before me, ) 
this day of ,188 . 5 



Na 69. 

Id. Information for Malicious Mischief 
county of , 6a: 

being duly sworn, deposes and says : That 
he resides in ; that one on the 

day of 188 , at the of did 

msuiciously or wantonly injure, or deface a monument or 
work of axU building, fence or other structiu*e, or did 
destroy or injure an ornamental tree, shrub or plant, 
situated on a private ground or on a street, public place, 
public or private way or cemetei*y ; or did paint, or print 
upon or in any other manner plaice upon or affix to any 
stone or rock, not a pai*t of a building, or upon or to any 
bridge or tree, words, lettere, chai'actei's or devices, 
stating, referring to or advertising, or intended to state, 
refer to or advertise the sale or manufacture of any 
property or article, profession, business, exhibition, 
amusement or place of amusement, or other thing, or did 
directly or indirectly cause any such act to be done* or 
did aid therein, by 

Taken, subscribed and sworn to before > 
me, this day of , 188 . ) 



No. 60. 

Id. Information for Malloions Trespaas. 

county of , ss : 

being duly sworn, deposes and says : That 
he resides in street in the of , in the 

county aforesaid, that on the day of in 

said , one did malidoumy, unlavrfully, 

wilfully and wantonly by 

Taken, subscribed and sworn to before ) 
me, this day of 188 . ) 



FORMS. 885 

Na 61. 

Id. Information— Manslaughter, First Degree. 

county of > as : 

being duly sworn, deposes and says : That 
he resides in the of ; that on the day 

of 188 , at in the county of 

one did feloniously kill one without 

a design to effect death, by the act, procurement or 
culpable negligence of said while said was 

engaged in by 

Taken, subscribed and sworn to before ) 
me, this day of , 188 . 5 



No. 62. 

Id. Information for Mayhem. 

county of , ss : 

being duly sworn, deposes and says : That 

he resides in the of ; that on the day of 

, 188 , at the of , one then 

and there feloniously, wilfully and maliciously did on 

puriH)se, from premeditated design, or with mteht to 

kill or commit a felony, to wit : cut out or disable the 

tongue of one , put out the eye of one , 

slit or destroy the lip, or slit or destroy the nose of one 

, cut off or disable a limb or member, to wit : 

of on purpose by 

Taken, subscribed and sworn to before me, \ 
this day of , 188 . f 



No. 63. 

Id. Information for Misdemeanor. 

county of , ss : 

being dulv sworn, deposes and says : That 
he reendes in ; that on the day of , 188 , 

in said , one did unlawfully and knowingly 

violate section of chapter of the laws of the stiite 

25 



88e FORMS. 

of New York» relating to 
in that he did 

Taken, subscribed and sworn to before me, \ 
this day of , 188 . 5 



No. 64. 



Id. Information for Mnrder Perpetrated by an Aet 
Dangerous to Others. 

county of , ss : 

h&ag duly sworn, deposes and says : That 

he rerides in the of ; that on the day of 

f 188 , at the of , in the county of , 

one did feloniously, wilfully and intentionally, 

by an act imminentiy dangerous to others, and evincing 

a depi'aved mind, regardless of human life, did kill one 

, fdthough without any pi'^meditated design 

to effect the death of any particulai* individual in tluit 

he did 

Taken, subscribed and sworn to before me, ) 
this day of , 188 . f 



Na 66. 



Id. Information for Mnrder Perpetrated in 
Commission of a Felony. 

county of , ss : 

being duly sworn, deposes and says : That 
he resides in the of , that on uie 

day of .f 188 , at the of in the 

county of , one did, feloniously and 

wilfully and intentionally, whilst engaged in the com- 
mission of a felony, kill one in ina,i he did 

Taken, subscribed and sworn to before ) 
me, this day of , 188 . > 



FORMS. 887 

No. 66. 

Id. Information for Murder Perpetrated firom 
Deliberate Design. 

county of , 8S : 

being duly sworn, deposes and says : That 
he resides in the of , that one 

of in the county of » on the day of 

, 188 , with force and arms, did then and there 
feloniously, wilfully, and intentionally, and from a i)i*e- 
meditated and deliberate design to effect the death of 
one kill the said by 

Taken, subscribed and sworn to before ) 
me, this day of > 188 . ) 



No. 67. 

Id. Information for Peijnry. 
county of , ss : 

being duly sworn, deposes and says : That 
lie resides in the of , that on the 

day of 1 188 , instant, at the of in 

the county of » a certain action in which 

was plaintiff and was defendant, was 

befoi'e and that upon the of said action 

appeared as a witness for and on behalf of the 
said and was then and there duly and regidarly 

sworn by the said as such ; that the 

evidence he should give i-elating to the matter in differ- 
ence between the said parties should be the truth, the 
whole truth and nothing but the truth ; and that upon 
the of the said action it then and there became 

material to inquire whether and ^hat there- 

upon the said being so swoi*n as a witness 

as aforesaid, did then and there on the of said 

action falsely, wilfully and comiptly depose, swear and 
testify among other things, that ; whereas, 

in truth and in fact, the whereby the said 

did then and there wilfully and corruptly 
swear falsely and commit wilful and corrupt peijury. 

Taken, subscribed and sworn to before \ 
me, this day of , 188 • } 



989 TGRMS, 

Na 68. 

Id. Informatton to Obtain Warrant Agminat. 
Fighting, etc. 

oonnty of , ss : 

being duly sworn, complains, deposes and 
says : That he resides in the of ; that he ha& 

just and reasonable cause to suspect and does suspect 
that certain of the provisions of law relating to and 
affecting animals, and to prevent piize fights and fights 
among gpame animals, and for the prevention of cruelty 
to animals, are being and are about to be violated by 
, at and within the particular building* and 
place within the known as and now 

occupied, kept and used by 

Wherefore this deponent prays that a warrant may be 
immediately issued and delivered, x^ui*suant to the statute 
in such case made and provided, to any pei'son author- 
ized by law to make aiTest for such offenses, authorizing* 
him to enter and search such building and place and to 
arrest the said , by whatsoever names they 

may be known or called, or any or either of them there 
present found violating any of said laws, and to bring- 
such person, when so arrested, before the nearest mag>- 
istrate of competent jurisdiction to be dealt with accord* 
ing to law. 

Taken, subscribed and sworn to before me, ) 
this day of , 188 . ) 



No. 69. 



Id. Warrant to Prevent Prize Fights, Cruelty 
to Animals, eto. 
Court, >^^ 

OF , ) 

In the name of the people of the state of New York : 
To any sheriff, constable, marshal or policeman of the 
city and county of , greeting : 

Whereas, has made oath, to and before me, 

, a justice in and for the of ^ 

that he has just and treasonable cause to suspect, and 
does suspect, that certain of the provisions of law relat- 
ing to and affecting animals, and to prevent prize fights 



FORMS. . 889 

and fights among game animals ; and for the prevention 
of cruelty to animals, ai*e being and are about to be 
violated by * , at and within the particular 

building and place within the city and county aforesaid, 
known as » and now occupied, kept and 

used by 

Now, therefore, I, a justice as aforesaid, 

do authorize you to enter and search the said building 
and place witnin the and of , known as 

, and to arrest the said 
by whatsoever names they may be known or called, or 
any or either of them there present found violating any 
of said laws, and to bring such person when so- arrested 
before the nearest magistrate of competent jurisdiction 
to be dealt with according to law. Hereof foil not at 
your peril. 

Witness, the said , at the of , in the 

county aforesaid, the day of , 188 . 

[Signature.] 

$ 193. 
The within named , having been brought 

befoi*e me under this warrant, committed for exami- 
nation to the sheriff of the county of 

M70. 
I do hereby order and direct that the arrest on within 
warrant may be made on Sunday or at night. 



Na 7a 

Id. Information as to Female nnder Sixteen Years 
Living in House of Prostitution. 

county of , ss : 

being duly sworn, deposes and says: That he 
reades in the of , that he has lust and j 

reasonable cause to suspect that a female child, / 

of the age of years, is living, detained and kept, " 

in a house and place No. street, in said 

of , for the purposes of prostitution. That the 

grounds of deponents suspicion are as follows : 

Taken, subscribed and sworn to before me, ) 
this day of , 188 . J 



390 • FOKBkfS. 

No. 71. 

Id. Information for Publio Intoxicatloiu 
Court, ) 

COUSTT OF , } 



V8, 



} 



county, ss : 
being duly sworn, deposes and says ; That he is 
; that the above named defendant was on the 
day of y 188 , about M., intoxicated 

in a public street or place, to wit . in said 

of , contraiy to the provisions of the act entitled 

** An act to suppress intemperance and to regulate the 
sale of intoxicating liquors," passed April 16, 1857, and 
the act amendatory thereof, passed May 11, 1869. " 
Subscribed and sworn to bemre, this ) 
day of 188 . J 

The defendant, immediately on being brought before 
said justice, was informed of the charp^e against h 
and h right to the aid of counsel in every stage of 
the proceedings, and before any other proceedings were 
had, plead guilty. Tried and convicted and 

fiuiddlp and $ costs, or be committed to 

the penitentiary or jail of said county, for the tei*m of 
days, unless the fine be sooner paid. 



No. 72. 

Id. Information for Receiving Stolen Goods. 

county of , fis : 

being duly sworn says : That he resides in the 
of , that, on the day of 

188 , at the of , in said county, 

being a person of evil name and fame and dis- 
honest convei'sations, and common buyer and receiver 
of stolen goods, with force and arms, of the 

value of dollars, of the goods and chattels of 

by then lately before feloniously 

stolen of the said unlawfully, unjustly and for 

the sake of wicked gain, did feloniously receive and have 
the said then and thei-e well knowing the said 



FORMS. 391 

goods and chattels to have been feloniously stolen ; that 
the facts upon which this affidavit is based are as follows : 

Taken, subscribed and sworn to befoi'e me, ) 
this day of 188 . | 



No. 73. 

ff 

Id. Information for Beckiess Driving. 

county of , ss : 

being duly sworn, deposes and says : That 
he resides in the of , that one 

who was then and there driving a certain carriage, to 
wit, a upon a certain turnpike ix>ad or public 

highway within this state, to wit, upon a certain 
in the of which then and there was 

such a turnpike road or public highway, with or without 
passengers, in said carriage, did then and there at the 
time and place aforesaid wilfully, unlawfully, wickedly 
and maliciously run, cause or permit to be run his horses 
then and there attached. 
Taken, subscribed and sworn to before ) 
me, this day of 188 . ) 



|>ss 



No. 74. 

Id. Information for Revising to Aid an Offioer. 

Statb of Nkw York, 
County of 

being duly sworn, deposes and says : That 
he in said of ; that on the 

day of 188 , at the of , in said 

county, did wilfully and unlawfully disobey the 

command and request of the said being 

at the time a and peace officer of, in and for 

the said of , and an officer authorized to 

execute criminal process ; and the said having 

as such officer, then and there commanded the assist- 
ance of the said in securing and conveying to 
the one of the of aforesaid, 
that had then and there been duly arrested by the said 



899 FORMS. 

polioemaHy and police officer as aforeeaid, 
against tiie peace of the people of the state of New York* 
and the form of the statute m such case provided. 

Taken, subscribed and sworn to before ) 
me, this day of 188 . > 



No. 76. 

Id. Information for Besooing a Prisoner. 

county of ,aa: 

being" duly sworn, deposes and says : That 
he in said of , that on the day of 

188 , that the of in said county 

with force and arms, did unlawfully, designedly and 
feloniously, forcibly I'escue from the custody of one 

he then and there being a and peace 

officer of the of , one a 

prisoner, then and there held in the legal custody of him, 
the said upon a ciiminal cnai*ge, to wit, upon 

the charge of committed by him, the said, 

upon one by 

Taken, subscribed and sworn to before ) 
me, this day of , 188 . > 



No. 76. 

Id.. Information for Bobbery—First Degree. 

county of , ss : 

being duly sworn, deposes and says : That 
he resides in the of ; that on the day of 

, 188 , at the of , in said county, , 

with force and arms, in and upon one , in the 

peace of God and of the said people then and there 
being, feloniously did make an assault, and him, the said 
, did then and there feloniously put in fear of some 
immediate injury to his person and m danger of his life, 
did then and there feloniously and violently steal, take 
and carry away from the person and against the will of 



FORMS. ads 

the said , yalne of doUais, of the goods* 

chattels and property of the said by 

Takeny subscribed and sworn to before mc, ) 
this day of , 188 . ) 



No. 77. 

Id. Information for Sedaotion. 

coonty of » ss : 

being duly sworn, deposes and says : That 
she resides in the of ; that on the day of 

, 188 y at the of , in said county, 

with force and arms, under promise of mai^nage, did 
seduce and have illicit connection with one , 

she, the said , then and there being an unmarried 

female of pi'evious chaste character by 

Taken, subscribed and sworn to befbi*e me, ) 
this day of , 188 . f 



No. 78. 



Id. Information Against Person Selling, etc.. 

Chattels. 

county of , ss : 

being duly sworn, deposes and says : That 
he resides in ; that he did, on the day of 

, 188 , hire, loan and let to one a » 

and said did, without the consent of , 

who is the owner thereof, sell and deliver the same, or 
did pawn or pledge the same at , to one 

and obtained thereon and therefor the sum of 

Taken, subscribed and sworn to before me, ) 
this day of , 188 . ) 



No. 79. 

Id. Information Against Person Selling Material, 
etc., Furnished to be Manofactared. 

county of , ss : 

bemg duly sworn, deposes and says : That 



894 FORMS. 

he rerides in the of , fhaton the day 

of , 188 , at the of one 

did wilfully pawn, pledge, sell and convert to h own 
use material, to wit : of the value of 

furnished to h by for the purpose of beings 

jnauufactured into by 

Taken, subecribed and sworn to before ) 
me» this day of , 188 . ) 



No. sa 

Id. Information for Selling, eto.. Mortgaged 

Property. 

county of , ss : 

being duly sworn, deposes and says : That 
he resides in the of » that on the 

day of 9 188 , one . gave, executed 

and delivered to a mortgage upon certain 

personal property, to wit : of the 

value of dollars. 

That afterwards and on the day , 188 ,• 

at in said county of , while the said mort- 

gage was a lien on the said personal property, the said 
with intent to defraud said the mort- 

gagee of said property, or a purchaser of said 

property from said , did wilfully, maliciously 

and unlawfully sell, assign, exchange and secrete the 
afoi'esaid pei*sonal property so mortgaged or sold as 
aforesaid by said to said by 

Taken, subscribed and swoni to before ) 
me, this day of , 188 . ) 



No. 81. 

- ( 161. Warrant, General. 

County of Albany [or as the case may be]. 

In the name of the x>eople of the State of New York. 
To any peace officer in this State [or in the county of 
Albany, or as the case may be, as provided in secnons 
one hundred and fifty-five and one hundred and fifty-six]. 



FORMS. 895 

Infbrmatum upon oath having been this day laid 
betore me, that the crime of [designating it] has been 
committed, and accusing C. D/thei*eof. 

You ai'e thei'efore commanded forthwith to arrest the 
above-named C. D., and bring him befoi'e me, at [naming 
the place], or in case of my absence or inability to acW 
before the neai*est or most accessible magistrate in thia 
county. 

Dated at the city of Albany [or as the (ase may be], 
this day of eighteea 

hundred 

E. F., Justice of the Peace, 
[or as the case may be.] 



Ko. 82. 



$ 161. Warrant for Seizure of Gaming Apparataa^ 

etc. 



Jss 



CX)URT, 

OP 

In the name of the people of the state of New York r 
To any peace officer of the county of : 

Whereas, complaint on oath, has been duly made before 
me, a justice of the of , th^t one 



We, therefore, command you forthwith to arrest the 
said to make diligent seaix;h for such property, 

tables, devices or apparatus; and, after demanding 
entrance, to break open and enter said house or place, 
and any house or place wherein such gambling tables, 
establishment, devices or apparatus shall be kept, and 
to seize the aforesaid gambling tables, establishment, ap- 
paratus or devices, and deliver the same to 
of the , and to return this warrant with your 

doings thereon indorsed, to me, the said , at 

the in the said of , or, in case 

of my absence or inability to act, before the nearest or 
most accessible magistrate in the county of 
Hei-eof fail not at your peril. 

Witness the said , at the of » 

in the county afoi*esaid, the day of » 188 » 

[BigTiatureJ] 



1 



396 F0RBC8. 

By virtue of the within warrant I have seiaed the fol- 
lowing: 

Dated , , 188 • 



No. 83. 



f IBL -Warrant as to Female Under Sixteen Teara, 
Living, eto., in Hoase of Prostitatlon. 

POUCB COURT, ) 
County op )°°* 

In the name of the people of the state of New York : 
To any peace officer of the county of : 

Whereas, complaint has this day been made by , 

of the of , in the county of , on 

oath, before , a justice of the of , that 

on the day of , 188 , at the , in said 

county, one , a female child, of the age of 

years, is living, detained and kept in a house and place 
Ko. , street, in said of , for the 

purposes of prostitution ; and whereas, in the judgment 
of said justice, said has just and reasonable 

cause to suspect that said child is so living, detained and 
kept as aforesaid, against the peace of the people of the 
state of New York, and the form of the statute in such 
case provided. 

We, therefore, command you forthwith to enter and 
search said house and place, and bring said child, together 
with all persons occupying said house or place or in charge 
thereof, before the said , at the in the said 

of , with this warrant, and a return 

of your doings thereon indoraed, to be dealt with accoi-d- 
ingto law Hereof fail not at your pexiL 

Witness, the said , at the of » 

in the county aforesaid, the day of $ 188 . 

[Signature.] 

By virtue of the within warrant, I have arrested the 
within named and now have her before the 

magistrate by whom this warrant was issued. 

Dated , , 188 . 



FORMS. 397 

No. 84. 

$( 151-4. Warrant of Arrest for Misdemeanor. 

coui't, county of , ss.; 

In the name of the people of the state of New York,. 
To any pea<:e officer in the county of ; 

Information upon oath having been this day la^d before 
me, that the crime of ' has been committed^ 

and accusing thereof: 

You are therefore commanded forthwith to arrest the 
above named and bring h before me 

at the court, in the of , in 

the county of , or in case of my 

absence or inability to act, before the nearest or most 
accessible magistrate in this coimty. 

Dated at the of , this day 

of 188 



No. 85. 

{167. Proof of Jnstioe's signature. 

of county of as.: 

being duly sworn says, that he resides 
in the of , that the name of 

, signed to the above warrant of arrest» is the 

handwriting of » who is a justice 

of the of yinthecountv 

of by whom the above warrant was issued. 

Sworn before me» this day of 188 



No. 86. 

Id. Return. 

By yirtue of the within warrant I have arrested the 
witmn named at in the 

county of and now have h before the 

magistrate by whom this warrant was issued, or before 

a magistrate in the said county of 
he having required me so to do. 

Dated at the day of 188 

[JSfignatwre.l 



398 FORMS. 

i lfi6. Endorsement vpon Warrant. 
This warrant may be executed in the county of Monroe. 



No. 87« 



f 109. Undertaklnjr to Appear Befbre Magistrate Issoing^ 
Warrant Taken in the County of 

County of sa: 

We, of 

in the county of by occupation a 

defendant, and of in the county of 

by occupation a and 

of m the county of by occupation a 

sureties, acknowledge ourselves joinUy and 
severally to owe the people of the state of New York, 
each the sum of hundred dollars, to be 

made and levied of our respective goods and chattels, 
lands and tenements, to the use of the said people, if de- 
fault shall be made, m the condition following : 

The condition of this recognizance is, that, whereaa 
information has been made on oath, before 
a. justice for the , that on the 

day of , 188 , at the , in said 

•county, the crime of was committed, and accus- 

ing thereof. And, whei'eas, the said 

justice as aforesaid, did, on the day of, , 

188 , duly issue a warrant for the ai*rest of s&id 

. And, whereas, the said 
has been duly arrested in the county of , 

jind having required the officer making the arrest to 
take hiin befoi'e a magistrate in the said county of , 
he has this day been duly brought before me, the imder- 
signed, one of the of said county of 

Now, therefore, if the said shall personaUy* 

be and appear before the said justice aforesaid* 
^t the , in the aforesaid, on the 

day of , 188 , at o'clock in the noon, 

then this i*ecognizance to be void, otherwise to remain in 
full force and virtue ; and we, the said sureties, will pay 



FORMS. 899 

to the people of the state of New York the said stun of 
hundred dollars. 

Taken, subscribed and acknowledged before ) 
me this day of , 188 . | 

Add justification. 

[JSignatwre*] 



No. 88. 

$159. Certificate of admlssloii to baiL 

If justice of of the 

of do hei*eby certify, that I have, this 

day of 188 admitted the within named 

to bail for his appearance before the mag- 
istrate Kiamed in the within warrant, and taken bail from 
h accordingly. 

[JSignature.] 



No. 89. 



( 177, SaM. S. Information Against Person Arrested 
Without Warrant, for Committing a Felony. 

county of ^ , ss : 

being duly sworn, deposes and says : 

That he is a peace omcer m the aforesaid ; that 

having reasonable cause for believing that one 

committed the crime of 
in he arrested him without a warrant on the 

day of , 188 , at said ; that 

the gfrounds of deponent for believing that said 
committed said crime are as follows : 



Taken, subscribed and sworn to before me, > 
this day of , 188 . 5 ' 

[JSignature,] 



400 FORMS. 

No. 9a 

i 188-e statement sod Qaettionfl Pat to Defendant 

by Jastice. 

ooort of county of 

188 
Before Justice. 

Thb Pboflb 

vs. 

Before ' Justice. 

The defendant immediately on being brought before 
8iud justice was informed by said justice as foUo^ns : 

Tou are charged with the crime of 

You have the right to the aid of counsel in every stage 
of the proceedings, and before any further proceedings 
are had. 

Question ? Do you require counsel 1 If you do, you 
wiU be allowed a reasonable time to send for him, and 
the examination will be adjourned for that purpose. 

Answer. 

( appeared as counsel for the defendttnt, 

or no counsel appealing, and after waiting a reasonable 
time therefor, the said justice put the following questions 
to defendant) : 

Question. Do you desire an examination of this case, 
or do you waive examination and elect to give bail ? 

Answer. 

[SigTwiureJ] 



No. 91. 

} 192. Ball for Defendant's Appearance before Jastice. 

STATE OF NEW YORK, 
CoDirrT OF 

OF 

Thb Pboflb 
against 



>8s: 



dtfendant 
' An information having been laid before 
esq., justice of the peace, charging 
dtfeiidcmt , with the offense of , and he 



9 



FORMS. 401 

having been brought before said jostice for an examina- 
tion of said charge, and the hearing thereof having been 
adjouiiied ^ 

We, d^mSamJt , . 

i*esiding at » in the of » 

county of » N. Y., by occupation a , 

and surety, residing at , in 

the of , county of , N. Y., 

bv occupation a , hei^by undertake that the 

above-named , defendant , shall 

pei'sonally appear before the said magistrate, during 
the said examination, or that we will pay to the People 
of the State of New York, the sum of dollars. 

Dated at , N. Y., ) 

this day of 188 . | 

[iSigTiaturea.] 

STATE OF NEW YORK, ) 
County of ) 

On this day of , A. D., 188 , before me, 

the subscriber, personally came and 

, to me personally known to be the 
same persons described in and who executed the above 
undertaking of bail, and sevendly acknowledged that 
they executed the same. 

IJSignattMre,] 



[ss: 



No. 92. 

County op 

OF 

Buret 
to the foregoing undertaking of bail, being sworn, says 
that he is a resident of and a holder within the 

state of New York and county of , and is worth 

dollars over all the debta and liabilities which 
he owes or has incurred, and exclusive of property 
exempt by law from levy and sale under an execution. 
Swoini to before me, this ) 

day of ,188 . ) 

Justice of the Peace. 
26 



402 FORMS, 

I hereby allow the foregoing* undertaking of bail, and 
approve of the suret therein named. 

Dated this day ) 

of • 188 . j 

[Signature.] 

Na 93. 

i 193. Commitment. 

The within named A. B., having* been brought before 
me under this wan'ant, is committed for examination to 
the sheriff of the county of , or in the city and 

county of New York, to the keeper of the city prison of 
the city of New York. 



No. 94. 

i 196. Statement of Defiendant. 

Question — What is your name and age 9 

Answer — 

Question — ^Where were you bom ? 

Answer — 

Question — Where do you reside and how long have 
you i-esided there 1 

Answer- 
Question — What is your business or profession 1 

Answer — 

Question — Give any explanation you may think pi'oper 
of the circumstances appearing in the testimonv against 
you, and state any focto which you think will tend to 
your exculpation. 

Answer — 



No. 95. 

At the close of the examination of the witnesses on tho 
part of the people, the defendant was informed by me 
of h right to make a statement in relation to the charge 
against h as required by section 196 of the Code of 
Criminal Procedure, and after being so informed, he 
did waive h right to make the same. 

[JSigTuxture,] 



FORMS 463 

Vto. 06. 



Jas: 



fSOO. AttthentloaUoiu 
Court, 
County op 

I, 9 a justice of the of » 

do hereby certify that at the close of the examination 
befoi'e me of the witnesses on the part of the people in 
the above action, I infoimed the defendant that it was 
h right to make a statement in relation to the charge 
against h and the natui'e of the charge was stated to 

h ; that the statement was designed to enable h 
if h saw fit to answer the charge and to explain the 
facts alleged against h ; that h was at Uberty to 
waive m&ng a statement, and that h waiver could 
not be used against h on the trial ; that after being 
so informed n made the following statement. 

Dated at the of 

this day of 188 



:} 



No. 97. 

1 201. After Statement or Waiver. 

After the waiver of the defendant to make a statement, 
or after the defendant made a statement, the following 
witnesses were produced, sworn and examined, by and 
on behalf of the defendant. 

[/SiffTiature.] 



ThbPboflb 

V8. 



No. 98. 

i 204. Testimony. 



Before Justice y , • 188 

Arrested by 

being duly sworn, deposes and says : 
Question — ^What is your name and age f 
Answer — 

Question — "Where do you reside t 
Answei* — 



404 FORMS. 

Question — What is your bofflness or {jrofesd'on f 
Answer — 

Court, 



Court, > . 
ooumtt op » ) 



ly , a justice of the of , do 

hereby certify that the is the testimony given 

by , a witness sworn on the part of the , 

who stated his name to be , his age to be 

, his business or profession to be 

Dated at the of , this day of 

, 188 . 

[Siffwxture,] 



No. 99. 

} 207. Indorsement to be made on depositions 
and statement of defendant in case of 
prisoner's discharge. 

There being no sufficient cause to believe the withia 
named guilty of the offense within mentioned^ 

I order him to be discharged. 

[iSiffnature.] 



No. 100. 

( 207. Endorsement of Discharge. 

There being no sufficient cause to believe the within 
named A. B. guilty of the offense within mentioned, L 
order him to be discharged. 



No. 101. 

i 20S. Endorsement of Ck>mmitment. 

It appearing to me by the within desposition (and. 
statement, if any) that the cidme therein mentioned for- 
any other crime according to the fact, statine generally 
the nature thereof] has been committed, and uiat thei'e ia 
sufficient cause to believe the within named A. B. gr^ty 
thereof, I order that he be held to answer the same. 



FORMS. 405 

Ko. 102. 

ii 208, 209. Indorsement to be made on depo- 
sitions and statement of defendanlbif 
believed guilty. 

It appearing to me by the within depositions and 
statement that the crime therein mentioned of 
has been committed, and that there is suffident cause to 
believe the within named gtiilty thereof^ I order 

that he be held to answer the same. 

[Signaiure.] 



No. 103. 

H 206, 209 Indorsement to be made on depo- 
sitions and statement of defendant if 
believed guilty and crime be not bail- 
able. 

It appearing to me bv the within depositions and 
statement that the crime tnerein mentioned of 
has been committed, and that there is sofiicient cause to 
believe the within named guilty thereof, I oi^er 

that he be held to answer the same, and that he be com- 
mitted to the sherifif of the county of 

[Signature,] 



No. 104. 

( ^, 210. Indorsement to be made on deposi- 
tions and statement of defendant if 
crime be bailable and bail taken. 

a 

It appearing to me by the within depositions and state- 
ment tluit the crime therein mentioned of has 
'been committed, and that there is sufficient cause to 
believe the within named guilty thereof, I ^ 
order that he be held to answer the same and I have ad- i_ 
mitted him to bail to answer by the undertaking hereto 
jumexed. 

[/Signature,] 



406 FORKS. 

Nd. 106. 

H 906, 212. Indoi-sement to be made on depo> 
sltions and statemeni; of defendant if 
crime be bailable and defendant ad> 
mitted to bail, bat bail have not been, 
taken. 

It appearing to me bv the within depositions and 
statement that the crime therein mentioned of 
has been committed, and that there is sufficient cause to 
believe the within named guilty thereof, I order 

that he be held to answer the same, and that he be 
admitted to bail in the sum of dollars, and be com- 

mitted to the sheriflf of the county of until he 

give suchbaiL 

[JSignature,] 



No. 106. 

i 200. Endorsement of Commitment, Oifenso 
not Bailable. 

And thai he be commited to the sheriff of the comity 
of , or in the city and county of New York, to the 

keeper of the dty prison of the city of New York. 



( 210. Certificate of Bail. 

And I have admitted him to bail to answer, by the 
undertaking hereto annexed. 



No. 107. 
} 212. Order for Bail, on Commitment. 

(Must be added to the endorsement mentioned in } 208.) 
And that he be admitted so bail in the sum of 

dollars, and be committed to the sheriff of the county of 
, [or in the city and county of New York, to the 

keeper of the citv prison of the city of New York,] until 

he give such bail. 



FORIfS. 407 

No. 108. 

( 2U. Commitment. 

County of Albany [or as the case may l>e]. 

In the' name of the people of the state of New York : 
To the sheriff of the county of Albany, [or in the city 
and county ©f New York, to the keeper of the city piison 
of the city of New York :] 

An order having been this day made by me, that A. B. 
be held to answer to the coui*t of upon a charge of 

[stating bnefly the nature of the crime], you ave com- 
manded to receive him into your custody and detain 
him, until he be legally discharged. 

Dated at the city of Albany [or as the case may be] 
this day of , 18 . 



No. 109. 

} 214. Commitment Where Crime is not Baila- 
ble, and where it is Bailable, but Bail 
is not taken. 

coarty county of , ss : 

In the name of the people of the state of New York : 
To the sheriff of the coimty of 

An order having been this day made by me that 

be held to answer to the court of upon a charge of 

, you are commanded to receive h into your 

custody, and detain h until he be legally discharged. 

Dated at the of » this day of , 188 . 

[Signature, J 



No. 110. 

( 216. Undertaking of Witness without Sureties. 

court, county of , ss : 

I, , of No. street, of the 

, in said county, acknowledge myself to be 
indebted to and owe the people of the state of New York, 
the sum of hundred dollars, to.be made 

and levied of my ffoods and chattels, lands and tene- 
ments, to the use of we said people — if default shall be 
made in the condition following : 



406 FDRlfB. 

^e condition of this recognizance is Bach, that if the 
above bounden , shall personallv appear 

and testify at the next court of to be held in and 

for the said , to give evidence as a witness on 

behalf of the said people against 
arrested and held to answer the charge of 
as well to the mind juiy as to the petit jury, and do not 
depart the said coort without leave ; then this recogni- 
zance to be void and of no effect ; otherwise to remain in 
full force and virtue, and the said 
will pay to the people of the state of New York the said 
sum of hundred doUars. 

Taken, subscribed and acknowledged before me, this 
day of 9 188 . 

[Signature,] 



No. 111. 

H 215, 216. Undertaking of Witness with Sareties. 

Court, county of ss : 

Be it remembered, that on this day of 

188 of in thecountvof by 

occupation a and of in the 

county of by occupation a and 

of in the county of by occu- 

pation a sureties, pei'sonally came before me, 

justice of the i)eace of the 

of , m said county, and acknowledged themselves 

each, jointly and sevei*ally, to be indebted to the people 
of the state of New York, in the sum of 
hundi'ed dollars, to be made and levied of his goods and 
chattels, lands and tenements, to the use of the said peo- 
ple, if default shall be made in the condition followinc' : 
The condition of this recognizance is such that if the 
bounden shall personally appear and testify at 

the next court to be held in and for the said 

city or county of , to give evidence as a witness 

on behalf of the said people, against , 

arrested and held to answer the charge of , 

as well to the grand jury as to the petit jury, and do not 
depart the said court without leave, then this recogni- 
zance to be void and of no effect ; otherwise to remain in 



FORMS. 409 

fall force and vlrtiie. The saidsoreiies will pay to the 
people of the state of New York the eaid sum of 

hundred dollaitu 
Taken, snbBcribed and acknowledged the day and 
year first above written, before me. 

[JSignature.] 
Add Justification. 



No. 112. 

$216. Order that Witness giye Secorily fi>r 
Appearance. 
COUBT, > 

OF ,) 

TebPhoflb 

Whereas, , a witness examined before me, 

on the pai*t of the people in the above action, is a material 
witness for the people therein'; and whereas, I am satis- 
fied by proof on oath that there is reason to beUeve that 
said will not appear and testify on the part 

of the people at the next coui't of to be held 

in and for the county of , to which the state- 

ments and depositions in the above action are to be sent, 
I do hereby order that the said enter into a 

vnitten undertaking' in the sum of hundred 

dollars, with suret that he will appear 

And testify on the part of the people at the next coui*t 
of to be held in and for the county of 

Dated the day of , 188 . 

[SignattMre,] 



No. 113. 

f 818. CommitmeDt for Neglecting to give Security 

for Appearance. 

Court, 

COUKTT OF 

To of the said dty, greeting : 

"Whereas, M appears by the examination of 
taken on oath, on the day of , 188 before me, 
f a justice of the ^^eace of the of 



[ss: 



410 FORMS. 

as a witness upon a charge made on oath l^y the said 
, before me» the said justice, against 
• That he, the said , is a material witness against 

the said in regard to the said charge. 

And whereas, being satisfied by due pi^oof on oath, 

that there was good reason to believe that the said 

would not fulfill the conditions of a recognizance to 

appear and testify as a witness on the trial of the said 

unless security was i-equiixjci for that purpose, I, 

the said justice, did I'equire the said to enter in a 

recognizance, with two sufficient sureties, in the sum of 

dollars, conditioned for the personal appeai*ance at 

the next court , to be held in and for the county of 

, to testify and give evidence on behalf of the 

people against the said for the offense aforesaid : 

whereupon the said neglected and refused, and 

still doth neglect and refuse to enter into such i^ecogni- 

zance with such sureties as aforesaid. 

These are, therefore, to command you, in the name of 
the people of the state of New York, the said 
forthwith to convey and deliver into the custody of the 
said , the body of the said 

And you, the said , are hei'eby required to 

receive the said into your custody, in the place 

provided by you, pursuant to the statute in such case 
made and provided, for the detention of witnesses who 
are unable to furnish security for their appearance in 
criminal proceedings, and h tnere safely keep until he 
shall enter into such recognizance, with such surety as 
aforesaid, or be otherwise discharged accoi^ng to law. 
Hereof fail not at your peril. 

Witness the said at the of and county 

aforesaid, the day of , 188 . 

[fSHgnature.} 



No. 114. 

i 245. Oath of Foreman of Grand Jury. 

You, as foreman of this grand juiy, shall diligently 

inquire and true presentment make, of all such matters 

and things as shall be given you in charge ; the counsel 

of the people of this state, your fellows' and your own 



FORMS. 411 

7<m shall keep secret ; you shall present no person from, 
envy, hatred or mahce 5 nor shall you leave any one un- 
presented through fear, favor, affection or reward, or 
hope thereof ; but vou shall present all things truly as 
they come to your knowledge, according to the best of 
your understanding. So help you GK>d ! 



No. 116. 

i 246. Oath of Grand Jorora. 

The same oath which your foreman has now taken, 
before you on his part, you and each of you shall well 
and truly observe on your part. So help you God ! 



No. 116. 

i 247. Separate Oiith of Grand Jurors. 

If, after the foreman and the grand Jurors then present 
are swora, any other grand juror appear, and be ad- 
mitted as such, the oath, as prescribed in section 245, 
must be administered to him, commencing, ''You, as. 
one of this grand jury," and so on, to the end of section 
245, supra. 



No. 117. 

1268. Indorsement of Indictment. 
A truebilL 

(Kgned) 

Foreman of the grand jury. 



No. 118. 

i 876. Indictment, G}eneraL 

Court of oyer and terminer ot the county ot [stating* 
the proper county] ; or 

Court of oyer and terminer of the city and county of 
New York ; or 

Court of sessdons of the county of [stating the proper 
county]; or 



413 FORMa 

Oonrt of general seflaons of the city and ooimtgr of 
New York ; or 

City coui-t of the city of [stating the proper city]. 

The People of the State of New York ) 

against > 

A. B. ) 

The grand lury of the [here insert the name of the 
county, or of the city, or of the city and county, in which 
the indictment is found], by this indictment, accuse^A. B. 
of the crime of [here insert the name of the ciime, if it 
have one, such as treason, muitler, arson, manslaughter, 
or the like, or if it be a misdemeanor, having no gfeneral 
name such as libel, assault, or the like, insert a brief 
description of it as it is given by statute]; committed 
as follows * 

The said A. B., on the day of 

eighteen hundi-ed and , at the 

town [or city or village, as the case may be] of , 

in this county [here set forth the act charged as an 
oflRense]. 

A. B., 
District Attorney qfthe comity qf • 



No. 119. 

f 901. Bench Warrant. 

County of Albany, [or as the case may be]. 

In the name of the people of the state of New York : 

To any peace officer in this state. An indictment hav- 
ing been found on the day of y 
eighteen hundred and , in the court of 
sessions of the county of Albany [or as the case may be], 
charging C. D. with the ciime of [designating it gen- 
erally]. 

You are therefore commanded, forthwith to arrest the 
above-named C. D., and bring him before that court [or 
if the indictment have been sent or removed to another 
court], before the court of oyer and tenniner of that 
county [or as the case may be], to answer the indictment ; 
or if the court have adjoume<i for the term, that you 
deliver him into the custody of the sheriff of the county 
of Albany, or as the case may be, or in the city and 



FORMS. 4ia 

county of New York, to the keeper of the dty prison of 
the dty of New York, < 

City [or townj of , the day of 

, eighteen hundred and ». 

By order of the court. 
£. F,, Cierk, or G. H., District Attorney qf the county 
of. 



$ 303. Indorsement on Bench Warrant, Offense 

Bailable. 

The defendant is to be admitted to bail in the sum of 
dollars. 



No. 120. 

« 884. Pleas. 

If the defendant plead guilty to the crime chai'ged in 
the indictment, the defendant pleads that he is guilty. 

If he plead guilty to any lesser crime than that chai'ged 
in the indictment, the defendant pleads guilty to the ciime 
of [naming it]. 

If he plead not guilty, the defendant pleads not guilty. 

If he plead a lormer conviction or acquittal : the de- 
fendant pleads that he has already been convicted [or 
acquitted, as the case may be], of the clime charged in 
this indictment, by the juogment of the court of 
[naming it], i-endei'ed si, [naming the place], on the 

miy of ' 

No. 121. 

i 346. Affidavit for Removal and Stay. 
COURT OF OP COUNTY. 

The Pboplb op the State op New York, 

offainst. 



} 



City and county of , ss : 

of said being duly sworn says, that 

he is the defendant in the above entitled criminal action. 
That he has been indicted by the grand jury of 
county for the offense of which offense is more 

specifically defined and is alleged to be in the indictment 
under the provisions of . That said indictment 




414 FOBHB. 

ynA returned by the said gmnd jary on the^ 

day of 188 , to the court of hi and for 

the county of $ that deponent was arraigned on 

said indictment on the day of 188 , and as 

deponent is informed by his counsel and verily beUeves 
the triid of said indictment against him has been set 
down for trial on the day of 188 , in said 

<;ourt of ; that as deponent is informed and verily 

believes that tlds action against deponent involves the 
decision of very important matters, as 

That CTeat popidar prejudice and feeling have been 
aroused by ex parte examinations as to etc. 

Deponent further says that the crime charged against 
him as he is advised and verily believes is a and 

npon conviction he could be subjected to imprisonment 
in a state prison for 

Deponent further says that as he is advised by his coun- 
sel who resides in the of to whom he has 
fully and fairly stated the case in this action, he has a 
good and substantial defense upon the merits, to the 
indictment in this action as he is advised by his said 
counsel after such statement made as aforesaid and as he 
verily believes ; deponent further says that he is advised 
by his said counsel that this is a proper case to be pre- 
sented to the court of and that his said counsel 
intends in good faith and on behalf of deponent to make 
application to the supreme court for the removal of said 
inmctment into the coui't of , and therefore deponent 
desires that an order may be granted staying the trial 
herein npon said indictment until a proper application 
can be made for the removal of said indictment and until 
a. decision upon said application. Deponent further says 
that he is aa vised and verily believes that such an appli- 
ication for removal can only be made to the supreme 
court, upon notice of at least ten days to the district- 
a.ttomey of the county where the indictment is pending, ^ 
a.nd that therefore the first opportunity that his counsel * 
would have to present such application would be .at the 
special term of the supreme court which is stated to be 
held on the of 188 , which would be the 
day of 188 . 

I)eponent fui*ther says that no other or previous ap- 
plication has been made for the order desired herein. 



FORMS. 415 

No. 122. 

$ 346. Notice to District Attornef. 
COURT OF OF COUNTY: 

ThB PbOFLB of THB StATB of NsW TOBKy 

againstt 






Please take notice, that upon an affidavit of 
dated , 188 » hereto annexed , 

iuid the order staying the trial of the indictment herein, 
dated , 188 , copies of which have heretofore 

been served upon you and upon the indictment ag^ainst 
the defendant herem, a motion will be made at a special 
term of the supreme court of the state of New York, to 
'be held at the at the of New 

York, on the day of , 188 , at the opening* 

of the court on that day, or as soon as counsel can be 
heard, for an order to remove the indictment presented 
by the grand jury to the court of of 

coimty, against the defendant from the said court of 

of county to the court of 

of county, and for such other and further relief 

as may be just, and the coui*t deem proper to grant. 

Dated , 188 . 

Yours, &c., 

Att'y for defendant. 
To 9 district attorney of county. 



No. 123. 

$ S4S. Stay. 

COURT OP , COUNTY OF 

Thb Pboplb, Etc., 
vs. 



On reading and filing the affidavit of , bear^ 

ing date the day of , 188 , hereto annexed, 

showing that an indictment for has been preseiitetl 

by the grand jury of county to the court of 



416 FORMS. 

thereof, against the above named defendant and is now 
X)ending theran; and that said defendant is aboat to 
make a motion to the supreme court at special term to 
have the said indictment removed from the said court of 
of said county, to the court of oyer and ter- 
miner of said county. 

It is hereby ordei^ that to enable this said motion to 
be heard, the trial and all proceedings upon such indict- 
ment be and the same are herebv stayed until the hearing 
and decision of such motion, viz. : until the day 

of for the heanng of such motion and thereafteir 

until dedfflon is entered thereon. 

Pated at • 



>8S 



No. 124. 

ii 861, 862. Certificate Denying Application to Bail. 

COUBT, 
COUKTT OF 

I, , a justice of the of » 

do hereby certify that an application was made to me on 
the day of , 188 , for the admission to bail of 

, held by me to answer the crime of 
, and I denied the said application. 
Dated at the of , this day of , 188 . 

[Signixture,} 



No. 126. 

i 414. Oath of Officers. 

You do solemnly swear that you shall retire with the 
jurors now present in court and in this trial ; that you 
will safely keep them together until the next meeting of 
this court and return them thereto without delay, and 
that in the meantime you will suffer no person to speak 
to or communicate with them, nor to do so themselves^ 
on any subject connected with this trial. So help you 
God. 



VORMB, 417 

Mo. IM. 

i 454. Form of Verdict. Insanity. 

We find the prisoner not guilty, and acquit him upon 
the ground that he was laboring under such a defect of 
reason as not to know the nature and quality of the act 
he was doing [or not to know that the act was wrong.] 



Na 127 

$4G6. Settling Exceptions. 

The foregoing bill containing the exceptions herein are 
hereby setUed and signed by me» this day of 
188 . • 



Nbb 128. 

{ 477. Bench Warrant. 

The bench warrant must be substantially in the follow- 
ing form : 

County of Albany [or as the case may be]. 
In the name of the people of the state of New York — 
To any sheriff, constable, mai^shal or policeman 
in this state. A. B. having been on the 
[SBAL.] day of » IS , duly convicted in the coiMrt 

of seasUma of the county of Albany [or as the 
case may be], of the crime o^ [designating it 
generally.] 
You are therefore commanded, forthwith to arrest the 
above named A. B., and bring him before that court for 
judgment ; or if the court have adjourned for the term, 
you are to deliver him into the custody of the sheriff of 
the county of Albany, [or as the case may be, or in the 
cit^ and county of New York, to the keeper of the city 
prison of the city of New York.] 

City of Albany, [or as the case may be] the day 

of .18 . 

By order of the court 

E. F.9 Clerk. 



27 



418 FORMS. 

Ho, 129. 

4 491. Death Warrant. 

The people of the state of New Tork to the sheriff* of 
county, g^reeting : 

Whereas, at a court of oyer and terminer held at 
in the of county of , in and for said 

county on the day of 18 , by and before 

one of the justices of the supreme court of tbe 
state of New Tork presiding, was convicted of the 

crime of murder in the first degi*ee, in that he feloniously, 
wilfully, of malice aforethought, and from a deliberate 
and premeditated design to effect the death of , 

killed and muidered the said on the day 

of 18 , at by shooting [or as the ease may 

be], and was thereupon sentenced by the said court of 
oyer and terminer to be hanged by the neck on Friday 
[or as the case may be] the day of 18 , 

between the houra of o'clock in the forenoon and 
o'clock in the afternoon, until he should be dead. Now, 
thei*efore we do, by this warrant, pursuant to the statute 
in such case made and provided, require, direct and 
appoint that you cause the said sentence to be executed 
on the day and between the hours therein mentioned, to 
wit [naming the day], and at the place and in the manner 
prescribed by law. 

Given under the hand and ^al of the undersigned 
bein^ the justice who constituted said court of oyer and 
termmer on this day of 18 . 

[l. 8.] W. L. L., Justice of the Supreme Court. 



No. 13a 

$ 406. Inquiry into Sanity of Person Sentenced 

to Doath. 

STATE OF NEW YORK, ) ^ 
County OP . f^' 

It appearing to me that there is reason to believe that 
A. B., lately convicted of murder before , at a 

court of oyer and terminer, held at , , 

and who is now under sentence of death in the jail of 
said county, has become insane since the said conviction. 



FORMa 419 

I do therefore, in pursuance of § 496 of the Code of 
Criminal Procedure, concur with C. D., sheriff of 
county, in calling a jury to make inquest whether the 
tsaid A. B. be of sane mind or no. And I do hereby 
oitler and direct the said sheriff to impanel a jury of 
twelve persons of his county, qualified to sei've as juix)^ 
in courts of record, to examine and make inquest as to 
canity of said A. B. 

Dated , 

£. F., Justice of the supreme court or county judge. 



No. 131. 

Id. Notice to District- Attorney. 

TTo D. C. H„ esq., district-attorney : 

Sir : Take notice that with the concurrence of Hon. 
E. P. , justice of the supreme court [or county judge, as 
the case may be], I shall proceed to impanel a jui*y and 
make inquest to determine as to the sanity of A. B., 
lately convicted of murder at a court of oyer and terminer 
held at , , and who is now under sentence 

of death in the jail of county, on the day of , 
18 » at o'clock, • M., at 

Dated , 

C. D., Sheriff of county. 



No. 132. 

Id. Oath to Jurors. 



" You do each for yourself swear that you will well 
and truly inquire whether A. B., the prisoner now herej 
be of saiie mind or no, and that ^ou.will ti-ue inquest 
make thereof, according to the evidence. So help you 
Cfod." 



No. 133. 

Id. Where Juror is Challenged. 
'' You shaU true answers make to such questions as 
shall be ^ut to you touching the objection or challenge to 
you as a juror. So help you God.* 



430 FORBIB. 

No. 134. 

Id. To Witness where Juror Is Challenged. 

''You shall true answera make to such questions as 
shall be put to you touching' the challenge of J. K., & 
jurop. So help you God." 



Na 135. 
f 497. Sabpoena by District- Attorney. 

In the name of the x^^^ple of the state of New York : 
To G. H. : 

You are commanded that, laying aade all business^ 

you be and appear at , in the , on the 

day of ,18 , to testify and give evidence upon 

an inquest then and there to be taken befoi'e C. D., 

sheriff of said county, to determine whether A. B., & 

Srisoner therein contined and now under sentence of 
eath, be insane or no, and hei^eof fail not at your peril. 
Dated , 

D. C. H., District-Attorney, coimty of 



No. 136. 

Id. Oath to Witness on Inqnest. 
** The evidence you shall give touching the sanity of 
A. B., the prisoner now here, shall be the truth, the 
whole truth, and nothing but the truth. So help you 
God." 



No. 137. 

i 498. Inquisition as to Sanity of PriBoners. 

STATE OP NEW YORK, ) . 
County of . 5 * 

Inquisition taken before the undersigned, sheriff of 

county, with the concurrence and by 

order of Hon. T. R. W., justice of the supreme court, as 

to the sanity of A. B., now confined in the jail of said 



FORMS. 421 

county under sentence of death, at the said jail upon the 
oaths and affirmations of J. K., etc., twelve qualified per- 
sons of said county summoned by me to inquire as to the 
sanity of the said A. B. . 

The said jui*oi*s being each duly sworn and charged to 
inquire touching the sanity of said prisoner, do upon 
their oaths and aiiii*mations, say that the said A, B., is 
not of sound mind but is of insane mind (as the case 
may be). 

In witness whereof, we, the said' sheriff, as well as the 
said jurors, have to this inquisition set our hands and 
seals at the time and place aforesaid. 

C. D., Sheriff, [l. s.] 



[-] {It'} 



Jurors. 



No. 138. 



1600. InqnirylntoFregnancy of Female Sentenced 
to Death. Notioe to District- Attorney. 

To D. C. H., district-attorney, county. 

Sir: Take notice that in purauance of § 500 of the Code 
of Criminal Procedui^e, it appearing to me that thei*e is 
reasonable gfround to believe A. B., a female convicted 
of murder at the court of oyer and terminer, held at, 
etc., and now in the jail of this county under sentence of 
death, is pregnant and quick with cmld, I shall proceed 
to impanel a jury of six physicians to inquire and make 
inquest as to her pregnancy at in the 

on the day of » IB , at o'clock in tho 

noon. 

Dated , 

C. D., Sheriff of county. 



No. 139. 

Id. SubpcBua of Distriot- Attorney. 

In the name of the people of the state of New York: 
To G. H.-: 

Ton are comn^anded that lading all business aside, 
you be and appear at , m the , on the 



422 FORMS. 

day of » 18 , at o'clock in the 

noon, to testify and g^ve evidence upon an inquest then 
and there to be taken befoi*e C. D., sheriff of said county, 
to determine wliether A. B., a female pnsoner, now con- 
fined in the jail of said countv under sentence of death, 
be pregnant or quick with child or no ; and hereof fail 
not at your peril. 
Dated , 

D. C. H.9 District-Attomeyy county. 



No. 140. 

Id. Oath to Jurors. 
You do each for vourself swear that you will well 
and truly inquire whether A. B., prisoner now before 
you, be pregnant or quick with child or no, and that yoa 
will true inquest make thereof according to the evidence. 
8o help you God, 



No. 141. 

Id. Oath of Challenged Joror. 
Yon shall true answers make to such questions as 
shall be put to you touching the objection or challenge to 
you aa a juror. So help you GKxL 



No. 142. 

Id. Oath to Witness on Challenge to Juror. 

You shall true answera make to such questions as 
shall be put to you, touching the challenge of J. IL, & 
juror. So help you Gkxi. 



No. 143. 

Id. Oath to Witness on Inqaest. 

The ^evidence you shall give upon this inquest, 
whether A. B., the prisoner now here, be pregnant op 
quick with child or not, shall be the truth, the whcde 
truth, and nothing but the truth. So help you Gk)d. 



■ 



FORMS. 423 

No. 144. 

1600. Id. Inquisition as to Pregnancy. 
STATE OF NEW YORK, ) 

CouirrY OP . ) •« 

Inquisition taken before the undereigned, sheriff of 
. county at , in said county on the day 

of 9 18 y upon the oaths and aiiirmations of J. K. 

&c., six physicians of said county [or as the case may 
be], summoned by me to inquire whether A. B., a female 
prisoner now in the jail of said county, under sentence 
of death, be preg^nant or quick with child or no. And 
the said jurors each being* sworn and charged to inquire 
whether the said A. B. be pregnant or quick with child, 
and upon their oaths and affirmations say that the said 
A. B. is now pregnant and quick with child [or as the 
case may be]. 

In witness whereof we, the said sheriff as well as the 
said jurors, have to this inquisition set our- hands and 
seals At j^e time and place aforesaid. 

[L.S.1 <)•).. sheriff. i:£} Jurors, [l. s.] 



No. 146. 

1 608. Order to brings Defendant Sentenced to 
Death, before the General Term or Oyer 
and Terminer. 



SUPREME COURT: 

Thb Pboplb, btc, 
vs. 



] 



On reading and filing the application of the attomey- 
gfeneral (or district-attorney) in the above entitled action, 
whei-eby it appears that the above named 

defendant was on the day of ,18 , at a 

court of oyer and terminer held in and for the county of 
, at in said county, befoi'e Hon. , 

justice of the supreme court, convicted of th^ crime of 
murder in the first degree, and was thereupon sentenced 
to the punishment of death, to be executed on the 
day of ,18 , and said sentence of death has not 



424 FORMS. 

been executed, although the time specified thereby has 
passed, and that said jud^^ent and sentence still remain 
in full force, now on motion of , attomey-general 

of the State of New York (or , district-attorney), 

it is ordered, that , sheriff of county, 

be and he hereby is directed and commanded to brin^ 
and produce the said • before our general term 

of the supreme court (or court of oyer and terminer) at 
the , on the day of , 18 , at 

o'clock M. to do and receive what shall then and 
there be considered and adjudged conceniing the siud 

Dated 

Signed, T. R. W., 
Justice Supremo Ooart. 



§ 607. Invitation to Certain Offlcen^gfll^ be 
Present at Execution. 



Nal46. 

Sir : Pursuant to $ 507 of the Code of Criminal Proce- 
dure, vou are hereby invited to be present at the execu- 
tion of A. B. at the jail of said county in the of 
, on the day of , 188 , at o'clock, M. 

C. D., Sheriff. 
To Hon. D. E., County Judge, &c. 



No. 147. 

$ 608. Certificate of Execution. 

STATE OP NEW YORK, ) ^ 
County op . ) ^ * 

I, the sheriff of the county of , and the other 

public officers, physicians and citizens whose names are 
hereto subscribed, do certify that A. B., who was sen- 
tenced by the court of oyer and terminer held in and for 
the county of , on the day of , 188 , to 

be executed on this day between the hours of o'clock 
in the morning and o'clock in the afternoon, was at 

the time mentioned, in pursuance of the said sentence 
executed by hanging by the neck until he was dead in 



F0R1d& 435 

the jail of said connty ; and we the undersigned do certify 
that we witnessed the said execution, and that the same 
was conducted in conformity to the provisions of law and 
of the said sentence. 

In witness whereof we have at the said {ail subscribed 
our names hereto this day of 188 • 

l^gned, ^ C. D., Sheriff 

E. P., County Judee, 
G. H., Surrogate, &c. 



Nal48. 
i S22^. Kotioe of Appeal by Defendant. 
SUPREME COURT : 
THif Pboplb, bto. 

V8. 



] 



Gentleman * 

Take'hotice that the defendant above named appeals 
to the supreme court, at general term from the judg- 
ment of conviction of the crime of rendei'ed 
against him, by the court of , held at , 
in and for the county of on the day 
of , 18 . 
Dated ,18 
Yours, etc.» 

M. C, Attorney for Defendant. 
To the clerk of county, and to D. C. H. district- 

attorney of county. 



SUPREME COURT : 
Thb Pboplb, bto 



No. 149. 

f 624 . Notice of Appeal by People. 



V8 



} 



Gentlemen : 

Take notice that the people of the state of New York 
appeal to the supreme court at general term from the 



496 FORMa 

judgement for the defendant above named on demurrer 
(or as the case may be) rendered by the court of , 

held at m and for the county of 

on the day of « 18 • 

Dated , 18 

D. C. H., district-attorney, county of 
To the clerk of county and to defendant^ 

(or in case of his absence from county, M. C., his 

counseL) 



No.l6a 

§627"8. Certificate for Stay on Appeal. 
SCJPREMB CJOURT: 
Thb Pboplb &c. 






I, the undersigned, a justice of the supreme court of 
the state of New York, do hereby certify that in my 
opinion there is reasonable doubt whether the judgment 
of conviction rendei*ed in the court of held at 

in and for the county of against the defendant 

above named for the crime of should standi 

Dated 18 . 

T, R. W., Justice of Supreme Court. 



l't.| 



No. 161. 

§ 635. Notice of Argument of Appeal. 

SUPREME COURT: 

The People, Etc., Respd't. 

vs. 

Appr 

To D. C. H., district-attorney: 

Sir: Take notice that th^ appeal in this action will be 
brought on for argument at" a general teim of the su- 
preme court to be held at in on the 
day of ,18 
Yours, etc., 

M. C, Attorney for appellant. 



I 



FORMS. 427 

No. 152. 

§ 564. Bitil by Police Officers, 

We, A. B.y defendant, and , residing' at 

number , in and C. D., 

residing at ♦ hereby jointly and severally 

undertake that the above A. B., defendant, shall appeal" 
and answer the complaint (describing it briefly) before 
the magistrate befoi*e whom he would be an*aigned if 
not bailed on the day of eighteen hundred 

and , at o'clock, and 

there remain to answei*, subject to any order of the 
magistrate, and render himself in execution thereof, or 
if he fail to x>6rform either of these conditions, then 
he will pay to the people of the state of New York 
the sum of 



No. 153. 



1 660. Order of Jastioe as to Notice to be Served 
District- Attorney of Application to Bail. 



Ck>UBT, 

op 
ComriTOP 

Thb Pboflb 
against 



} 



An application having been this day made to me bjr 
the above named defendant for his admission to bail 
upon the charge of , upon which he has 

been held by me , and the said defendant 

having shown good and si^cient i^easons for a notice of 
less than two days to the distiict attorney of his aj^iplica- 
tion for admission to bail ; 

I do hereby order that a notice of be served 

on the district attorney of county of the application 

of the defendant for admission to bail on said charge. 

Dated Albany, , 188 . 

[JSiffnature,} 



498 FORMS. 

Ma 164. 

ii 681, MS. CeHifloate Qranting AppUcation to BaU. 



Court, 

COUHTT OF 



1^88 : 



I, a justice of the of , do hereby 

certify that an application was, on the day of , 

188 , made to me for the admission to bail of , 

held by me to answer the crime of , and I 

did grant the said application and ^x the siun in which 
1>ail may be taken at hundred doUars* with 

suret 

Dated at the of , this day of , 188 • 



Mo. 156. 

1 668. Bail Before Indictment. . 

An order having been made on the day of 

, eighteen hundred and , by 

A. B.y a justice of the peace of the town of [or as 

the case may be], that 0. D. be held to answer upon a 
char^ of [stating briefly the nature of the crime], upon 
which he has been duly admitted to bail in the sum of 
dollars. 

We, [C. D., defendant, if the defendant join in the 
undertaking] ; of [stating his place of i*e8idence and his 
occupation] and E. F., and G. U., [stating place of 1*681- 
dence and occupation] surety or 8ui*eties [as the case 
may be], hereby undertake, jointly and severally, that 
the above-named C D. shall appear and answer the 
charge above mentioned, in whatever court it may be 
prosecuted ; and shall at all times render himself amen- 
able to the oi-ders and process of the court ; and, if con- 
victed, shall ap|>ear for judgment, and render himself in 
execution thereof; or if he rail to perform either of these 
conditions, that we will pay to the people of the state of 
New York, the sum of dollars [inserting the 

fium in which the defendant is admitted to bail]. 

[iSignatwre,] 



FORMS. 42» 

Mo. 166. 

f 671. Notice of application for bail in eities. 

To D. C. H.» esq., district-attorney: 

Sir : Take notice that upon the day of ^ 

18 , at o'clock, . M., application will be made 

to Hon. * , at his office in the of , 

to admit to bail , now confined in the county 

jail [or, as the case may be,] on a chai>ge of , 

and that the following persons will be proposed as- 
sureties, viz. : A. B. merchant, residing at , C* 

,D. physician, residing* at 

That the said A. B., is the owner of real estate in the 

of 9 known as No. sti'eet, in said 

valued at dolla]*s, on which thei'e is a. 

mortgage of dollars, [or no incumbrance as the 

case may be.] 

That the said C. D., is the owner of certain bopds, 
stock, [or other personal property, describing it] valued 
at dollars, and there are no judgments against 

him. 

Dated » 18 . 

li. C.y Attorney for , 

Deft. 



Couimr ov 

OF 



Na 167. 

1 572. Affidavit of Justification.. 



Buret 



to the foregoing undertaking of bail, bein? sworn, savE^ 
that he is a resident of and a holuer within tW 

state of New York and county of , and is worth, 

dollars over all the debts and liabilities which, 
he owes or has incuired, and exclusive of property- 
exempt by law from levy and sale under an execution* 

Sworn to before me, this ) 

day of ,188 . j 



430 FORMS. 



} 



No. 168. 

$ 676. Order Allowing or Disallowing BaiU 

CODRT, 
OP 

County op 
Thb Pboplb, 

I do hereby the bail given by the defendant 

in the above action before me, on the day 

of 188 . 

Dated at Albany, this day of 188 . 

[Signature.] 



No. 169. 

$ 676. Order for Discharge on Bail. 

To the sheriff of the county of , [or, in the city 

and county of New York, to the keeper of the city jiiison 
of the city of New York] : A. B., who is detained by you 
on a commitment to answer a charge for the crinae of 
[designating it genei*aUy], having given suSicient bail to 
answer the same, you are commanded forthwith to dis- 
oharge him from your custody. 

No. 160. 

$ 681. Bail after Indictment. 

An indictment having been found on the day 

of , eighteen hundi*ed and , in the court 

of sessions of the county of Albany [or as the case may 
be,] charging A. B. with the crime of [designating it 
genei'ally,! and he having been duly admitted to bail in 
the sum of dollars. 

We, A. B., defendant [if the defendant join in the 
undertaking,] and CD., surety or sureties, [as the caae 
may be,] of [stating hia place of residence and occupa- 
tion], and E. F., of [stating his place of residence and 
occupation,] hei*eby jointly and severally, undertake that 
the above-named A. B. shall appear and answer thts in- 
•tlictment above mentioned, in whatever court it may be 
prosecuted, and shall at all times render himself amena- 
ble to the orders and j^rocess of the court ; and if con- 
victed, shall appear for judgment, and render himself in 



FORMS. 481 

execation thereof; or if be fails to perform either of these 
conditions, that we will pay to the people of the state of 
New York the sum of dollars [inserting the sum 

in which the defendant is admitted to bail.] 



No. 161. 
i 08fi. Certificate of Deposit Instead of BaiL 
ThbPboplb of thb State of 
Nbw York 

against 

Whereas, heretofore and on "the day of 

,18 , an order was made by , 

admitting the above named defendant to bail, on giving 
an undertaking in the sum of dollars, on a 

certain charge [and indictment, as the case may be,] of 
{state offense.] 

This is to certify that the said , defendant 

above named has deposited with me, this day, the 
amount of dollars, the sum mentioned in said 

order, as security for his appearance pursuant to such 
order, instead of the said undertaking of bail pursuant 
to 6 586 of the Code of Criminal Procedure. 

Dated, , 18 

A. G,f County treasurer, 

county. 

No. 162. 

i 500. Certifieate of Surrender by Principal 
in Exoneration of BaiL 

Thb Pboplb» &o. 

t>8. 



} 



I hereby certify that the defendant above named, who 
heretofore gave bail on his arrest on an indictment now 
pending against him for burglary [or as the case may 
do], has this day surrendered himself, in exoneration of 
his said bail by delivering himself into my custody 
together with a certified copy of the undertaking of baal 
80 given as aforesaid. 

Dated 

J. A. H., Sheriff of Comity. 



1 



483 FORH& 

Id. CertUksate of Surrender by Ball. 
Thb Pboplb of thb Statb of Nbw Yobk, 1 

. I 

I hereby certify and acknowledge that , a surety 

given for the appeai'ance of the above named defendant 
on an indictment now pending a^^ainst him for bui*fflarjr 
[or afi the case may be] has this day surrendered tlie 
said defendant in exoneration of him as bail, b^ deliver- 
ing him into my custody, toother with a certified copy 
of the undertaking of bail given by said surety, pursu- 
ant to } 690 of the Code of Criminal Procedure. 

J. A. H., Sheiiff of County. 

Dated 



No. 163. 

i fi91. Depatation to Arrest Principal, by Sorsty, 
Indorsed on Copy Undertaking. 

Know all men by these presents that I, of » 

being one of the sureties mentioned in the within copy 
undertaking of bail, have deputized, authorized and 
empowered, and by these presents do hei*eby deputize* 
authorize, and empower in my place, stead and behalf 
of the of f at any place within the state 

of New York to take, aiTest, secui'e, and sui*render to 
the sheriflf of the county of , in the state of New 

York, the defendant named in the v^ithin copy 

undertaking in exoneration and dlKharge of my said 
undertaking as bail for said , in the cause therein 

mentioned, and to employ such persons and assistants as 
may be necessary to effect such purix)se. 

In witness whereof I have hereunto set my hand this 
day of 18 . 

Signed, 

Executed and delivered in the presence of 

C. D. 



No. 164. 

i eon. Bail after Re-arrest. 

An order having been made on the day of 

eighteen hundred and by the court 

of [naming the court,] that A. B. be admitted to bail in 



1 



FORMS. 433 

the sum of dollars, in an action pending in that 

court against him in behalf of the people of the state of 
New York, upon an [information, presentment, indict- 
ment, or appeal, as the case may be. ] 

We, A. B., defendant [if the defendant join in the 
undertaking,] and 0. D., surety of [stating his place of 
residence and occupation,] and E. F., sui*ety of [stating 
his place of residence and occupation,] hei'eby jointly and 
severalljr, undertake that the above-named A. 6. shall 
appear m that or any other court in which his appeai*- 
ance may be lawftiUy i'«quired, upon that [information, 
pi*e8entment or ax^peal, as the case may be] and shall at 
all times render himself amenable to its ordera and pro- 
cess, and appear for judgment and surrender himself in 
execution thereof; or if he fail to perform either of these 
conditions, that we will pay to the people of the state of 
New York the sum of . dollars, [inserting the sum 

in which the defendant is admitted to l>ail.] 



No. 166. 

1 006. Justice's Criminal Sabpoena 

In the name of the people of the state of New York : 
To 

Yon are hereby commanded to appear before the un- 
dersigned , a justice of the peace of the 
of , a^ office in said on the 
day of , 1S8 , at o'clock M., as a wit- 
ness in a criminal action prosecuted by the people of the 
state of New York against 

Dated at the of , county of , N. Y., \ 

this day of , 188 . 5 

[Signature,] 

No. 166. 

$609. Sabpcana— GrandJury. 

In the name of the people of the state of New York : 
To 

You are hereby commanded to appear before the 
grand jury of the county of , at the court house 

m the of , county of , New York, 

on the day of , 188 , at o'clock M.^ 

28 



484 WORMR. 

aa a witneflB in a criminal action proeecuted by the 
people of the state of New York against 
Mted at the of » county of , N. Y., ) 
this day of » 188 . J 

Dietrict ottomey* 
Or by order of the courts 

• Clerk. 



No. 167. 

Id. Proof of Senrice. 
CJOURT, 
ThbPboflb 

I hereby certify that I served the within snbixBna 
upon the following' witnesses therein named, viz. : 

at f in the of county, N. Y., 

on the day of , 188 , hj showing said 

subpoena to said vntnesses and to eaeh qf them^ and de- 
livering a copy thereof to h personidly. 

Dated this day of , 188 . 



No. 16a 

1912. SubpcBiUL 

In the name of the people of the state of New York : 
To A. B. 

You are commanded to appear before C. D,, a justice 
of the peace of the town of » [or * ' the grand jury 

of the county of ," or the court of sessions 

of the county of , or as the case may be,] at 

[naming the place,] on [stating the day and hour,] as a 
witness in a criminal action prosecuted by the people of 
the state of New York, against E. F.'*' 

Dated at the town of , [as the case may be,] 

the day of , 18 . 

" G. H., justice of the peace," [or " I, K., district attor- 
ney," or <* Bv order of the courts L. M., clerk* as the 
case may be.J 



WOBM8. 485 

Wo. 160. 

4 61S. Snbpoena duces teeam. 

And yon are required also, to bring with you the fol- 
lowingy [describins' intelligibly the bookciy papers or 
4locument8 required.] 

No. 17a 

H 614-15. Retam of Senrico of Sabpoena. 

oouhty of » 88 : 

I do hereby certify and return that I did, on the 
day of 188 , at the of » N. Y., serve 

the within subpoena on therein named, by 

delivering it, or a copy hereof, or by showing it to said 
personally. 
Dated , this day of » 188 



Na 171. 

1 619. Warrant of Attachment Against Witness. 

TThe people of the state of New York to the sheriff of the 
county of , greeting : 

We command you that vou attach , 

[l. 8.] and bring him fcnrthwith before our court of oyer 
and terminer [or court of sessions], held in and 
for our county of , at , t^i answer unto us 

for certain trespasses and contempts against us in not 
obeying our writ of subpoena, commanding him to appear 
on , before said our coui*t [or in not appear- 

ing in pursuance of his recognizance] to testify on an 
indictment there to be tried against on the 

part of the people [or defendant], and you ave further 
commanded to detain him in your custoay until he shall 
be discharged by our said couii; ; and have you then and 
there this writ.' 

Witness, , justice of the supreme court [or county 

judge] of said county, at , in in said county, 

the day of > 18 . 

J. L.y Clerk. 
D. C. H., District-Attorney, 

or 
L. M., Attorney fbr defendant, 
indorsed : Allowed this day of , 18 . 

T. R. W., Justice Supreme Court 



43» FORBfB. 

No. 172. 

1 664. CompromiBe of Crimes. Aoknowledgment 

of 8atis£Bctlon. 

county of » as : 

I, A. B., of f do hereby acknowledge to have 

received of C. D., of » the sum of dollars in 

full satisfaction for the injury and damage done to me at 
the said on the day of » 18 , by the 

said C. D. in assaulting and beating me (or as the ease 
may be), and for which offense I maoe complaint on oath 
on the day of , 18 , to , police justice, 

and which said complaint is now pending and undeter* 
mined (or an indictment having been found against tiie 
said C. D. thereon on the day of » 18 , in the 

court of in and for county), and I desire 

that no further proceeding be had thereon against the 
said C. D. 

A. B. 

Add acknowledgment. 



N6.173. 

Id. Order for CompromiBe. 
Court of , county of 

Thb Pboflb of thb Statb of Nbw York, 



CD. 



} 



^ On reading and filing the acknowledgment of satisfac- 
tion executed by A. B. for the injury and damage done ix> 
him by C. D., indicted for , a misdemeanor, 

which indictment is now ^nding in this court, and on 
motion of the defendant it is ordered that on payment of 
dollars, costs incurred ^r otherwise, if the court 
80 dii-ect) that all proceedings oe stayed upon the prose- 
cution of said indictment, and the defendant discharged 
therefrom. 

(Signed), W. L. L., Justice supreme opurt* 



FORMS. 487 

No. 174. 

i 676. Sommons against corporation. 

The BtunmonB must be in substantially the following' 
form: 
Ciounty of Albany, [or as the case may be.l 

In the name of the people of the state of New York : 
To the [naming the corporation.] 

You are hereby sunmioned to appear before me, at 
{naming the place], on [specifjdng the day and hour], to 
answer a charge made against you, upon the ij^forination 
of A, B., for [designating the offense, generally]. 

Dated at the city [or town] of , the day 

of , 18 . 

G. H., Justice of the peace, 
[or as the case may be]. 

County, as: 

being duly sworn says, that on 
the day of , 188 , at 

in the county of state of New York, he served 

the within siunmons upon president or other 

liead of the corporation, or on the secretary, cashier or 
managing agent thereof, by delivering a true copy 
thereof to, and leaving the same personally with, 
«aid 

Subscribed and sworn to before ) 
me, this day of 188 . j 

Jiutice, 



COUBT, 
COUITTT OP 

ThbPboflb 

V8. 



No. 176. 

. } 



H 678, 679. 



I hereby certify that there is sufficient cause to 

believe the above niuned defendant guilty of the offense 
charged. 

[Sigriature,] 



438 FORMS. 

No. 176. 

f 706. ▼enire—CriminaL— Special Semlnas. 



'. }"• 



STATE OF NEW YORK, 
County of 

OF 

The people of the state of New York : 
To any constable of the county of , greetings : 

You ai'e hei*eby commanded to summon twelve good 
and lawful men in the .of , in said county, 

qualified to serve as jurors, and not exempt from such 
service by law, and who shall be in no wise of kin either 
to f the complainant, or to , the 

defendant, to be and appear before the undersigned, at 
office , in the of , in. 

said county, on the day of , 188 , at 

o'clock in the noon, to make ftj^^ ^^^ ^^ ^^^ o^ 

said , chai*ged with the oflnsuse of 

And have you then and there this order, with a certified 
list of the pei*8ons you shall have summoned annexed to 
the same. 

Witness my hand, at the said of » this 

. day of ,188 . 

[SigTUitnire.l 

I hereby certify that by virtue of the within venire, I 
have personally summoned the following pei'sons named 
below to attend as hei^in prescribed as jurors to try the 
offense mentioned within, viz : 

Dated this day of ,188 • 

Constable* 
To , Esq., 

Jtistice, 



No. 177. 

i 711. Oath to Jnry. 

You do swear [or ^ou do solemnly affirm, as the case 
may be] that you will well and truly try this issue, 
between the people of the state of New York and A. B., 
the defendant, and a true verdict give, according to the 
evidence. 



FORMS. 439 

Nal78. 

$ 713. Oath of OiScers. 

Toa do swear that you vnH keep this jui*y together in 
some private and convenient place, without food or 
drink, except bread and water, unless otherwise ordered 
by the court; that you ynW not permit any person to 
speak to or communicate with them, nor do so yourself, 
unless it be to ask them whether they have agreed upon 
a verdict; and that you will return them into coiu^t 
when they have so agreed, or when ordered by the court. 



No. 179. 

H 717, 718. Jadgment of Court of Special Sessions. 

CODRT , > 

City or towk op , codnty op . 5 

Thb Pbdflb op thb Statb op New York '^ 

against yJudgmeni 188 . 

The defendant was this dav convicted, on a trial by 
the ooui*t or a jury, or on a plea of guilty of the offense 
of 9 and the court sentenced h to impiison- 

ment ^n the of this county, days, and 

pajr a fine of dollars, and be imprisoned until 

paid, not exceeding days. 

{Signature,'] 



No. 180. 

ih 721, 722. Record of Conviction— -Special Sessions. 
Plea of Guilty. Trial by Court. 

Court, county of 

Thb Pboplb op thb Statb op Nkw York 

against 

The above named having been brought 

before me, , a justice of the of , 

charged with and havincp requested to be tried 

by a court of special sessions ; and the above named 
having been hereupon duly convicted upon a plea of 
guilty. 



440 FORMS. 

I have a4Judged that he be imprisoned in the of 

the of days, and pay a fine of 

dollarsy and be imprisoned imtil it be paid, not exceed- 
ing days. 

Dated at the of » the day of , 188 • 

[JSiffnatum.'] 



No. 181. 



1 721. Beoord of Conyietion— Special Sessions. 

PleaofKotGoUty. 

CouBT 
OF 

County OP 

188 
TsB Pboplb of thib Btatb of Nbw YoBKf 

1». 



} 



The above named liaving been brought 

before me, . a justice of the of , 

charged with and having requested to be tried 

by a court of special sessions ; and the above named 
having thereux)on pleaded not gruilty, and 
demanded or failed to demand a jury trial, and having 
been thereupon duly tried and upon such trial duly 
convicted : 

I have adjudged that he be imprisoned in the 
of the county of days and pay a fine of 

dollars, and be imprisoned until it be paid, not exceed* 
ing days. 

Dated at the of , the day of 188 



No. 182. 

i 721. Certificate of Conviction— Plea of Gailty. 

Court of special sessions or police court. 

County of Albany, town of Berne, [or as the case may 

be.] 



FORMS. 441 



The People of the State of New York 



} 



January 1, 18 . 

The above named A. B. having been brought before 
O. Dm justice of special sessions, justices of the peace [or 
ottier magisti*ate as the case may be] or police justice, 
of the town [or city or village]' of [as the case may be] 
charged with [briefly designating the offense,] and 
having thereupon pleaded gruilty or not guilty, [as the 
case may be] and demanded [or failed to demand, as 
the case may be] a jui'y, and having been thereupon 
duly tried, and upon such trial duly convicted. It is 
adjudged that he be imprisoned in the jail of this 
county, 

days [or pay a fine of dollars and be imprisoned 

until it be paid» not exceeding days, or both as the 

case may he.] 

Dated at the town [or city,] of » the 

day of , eighteen hundred and 

C. D., 
Justice of the peace or police justice or other magistrate 
[as the case may be] of the town [or city] of [as the 
case may be]. 



No. 183. 

I 721. Warrant to Commit a Child under Sixteen 
Years. Plea, Not Gnilty. 

conrty county of , ss. : 

In the name of the people of the state of New York : 
To any sheriff, constable, marshal, or policeman in the 
county of , and to the superintendent of the 

House of Refuge for the reformation of juvenile 
delinquents in the city of New York, greeting : 

Whereas, on the day of , 188 , 

was brought before me, , a justice in and 

for the and county of , charged on the oath of 

, which oath was believed by me, the said justice^ 
with, on this present day, at the of 



442 FORMS. 

And whereas the said jiusticey immediately and before 
any further proceedings were had, informed the said 
of the char^ against him, and of his right to 
the aid of counsel m every stage of the pi*oceeding8» 
and the said charge was then and there distinctly I'ead 
and stated to the said , who then and thera pleaded 

not guilty thereto, who was then and there tried upon 
the said charge by the said justice, who did thei'eupon 
hear testimony on oath iu support of said chai*ge, and in 
defense thereof, and on behalf of said person. 

And whereas the said testimony was given and evi- 
dence was had in the presence and heaiing of the said 
, he , the said , having previously thereto 

been allowed a reasonable time to send for and advise 
with counsel. 

And wheraas it was ascertained by said justice, that 
said was years old on the day of , 188 

And whereupon the said justice did theraupon adjudge 
and detei*mine that the said was guilty of the 

aforesaid charge and offense, and the said was 

thereupon convicted of the charge and offense aforesaid ; 
and it was adjudged and determined by me that the 
said should be committed to and confined in the 

House of Refuge for the i*eformation of juvenile delin- 
quents, in the city of New York, until he should be 
thence discharged according to law. 

Now, therefore, you, the said sheriff, constable, 
marshal or policeman, are commanded forthwith to 
cenvey and deliver the said into the custody of the 

said superintendent. And you, the said superintendent, 
are hereby commanded to receive the said into 

your custody, in the said House of Refuge, and 
there safely keep until he shall be thence discharged 
according to law. 

Given under my hand, at the of aforesaid, 

tius day of , 188 . 

[SignatuTe.] 

No. 184. 

s 722. Warrant to Commit Child under the Ago of 
Sixteen Years. Plea of Guilty. 

court, county of , ss : 

In the name of the people of the state of New York : 



FORMS. 443 

To any sheriff, constable, marshal or policeman of the 
county of Albany, and to the supenntendent of the House 
of Refu^ for the reformation of juvenile deUquents 

in the city of New York, greeting : 

"Whei'eas, on the day of , 188 , 

was brought before me, , a justice in and for 

the and county of , charged on the oath of 

which oath was believed by me, the said 
justice, with, on this present day, at the of 

And, whereas, the said justice immediately aad before 
any further pi-oceedings were had, infonned the said 
of the charge against h and of h right to 
the aid of counsel in every stage of proceedings, and the 
said charge was then and there distinctly read and stated 
to the saia and he, the said was given 

a reasonable time to send for and advise with counsel. 

And, whereas, he, the said did then and there 

plead guilty to the said charge. 

And, whereas, it was ascertained by said justice that 
said waa years old on the day 

of 188 . 

And whereupon the said justipe did thereupon adjudge 
and determine that the saia was guilty of the 

aforesaid charge and offense, and the said 
was thereupon convicted of the charge and offense afore- 
said, and it was adjuds^ and determined by me that 
the said should be committed te, and confined 

in, the House of Refuge for the reformation of juvenile 
- deliquents, in the city of New York, until he should be 
thence discharged according to law. 

Now, therefore, you, the said sheriff, constable, mar- 
shal or policeman, ai*e conomanded forthwith to convey 
and dehver the said into the custody of the said 

superintendent. And you, the said superintendent, are 
herebv conunanded to receive the said into your 

custody, in the said House of Refiige, and h there safely 
keep until he shall be thence dScharged according to 
law. 

GKven under my hand, at the of aforesaid^ 

this day of 188 . 

[SiffTUxtwre.] 



444 FOBMS. 

No. 186. 

1 784. Commitment to Special Sessions. 
CouBTy > 
couhtt of , ) 

ThbPboplb 

The sheriff of the county of is requii-ed to 

receive and detain who stands charged befoi*e 

me for to answer the charge before a court of 

special sessions, to be held in the of 

Dated at the of , the day 



of 188 



[/Signature,] 



No. 180. 

i 738. Ball to Special Sessions. 

A. B., haying been duly charged before C. D., a 

iustice of the peace in the town [or city] of , 

as the case may belwitfrthe ofiense of [designating the 
offense generally]. We undertake jointly and severally 
that he shall appear thei'eon from time to time, untu 
judgment, at a coui*t of special sessions in the town, or 
village [or city] of , [as the case may be] com- 

petent to try the case, or that we will pay to the county 
of [naming the county in which the court 

is held] the sum of dollars, [inserting the sum 

fixed by the ma^trate]. 

Dated at the town [or city] of [as the, case 

may be]. 



No. 187. 

i 774. Oath to Foreman of Coroner's Jary. 

'HTou do swear that you will well and truly inquire how 
and in what manner and when and whei*e, the pei*son 
lying here (or whose body you have just viewed, as 
the case may be), came to his death (or was wounded) 
and who such -person was and into all the circumstances 
attending such death (or wounding), and by whom the 



FORMS. 445 

same was produced ; and that you will make a true in- 
quiffltion thereof, according to the evidence offered to 
vou, or arising from the investigation of the body. Sa 
help you God." 



No. 188. 

Id. Oath to Jurors. 

The same oath which the foreman of this in* 

quest hath on his part taken, you and each of you do now 
take, and shall well and truly observe and keep on yoiu*- 
part. So help you God. 



No. 189. 

Id. Oath to Witness. 

The evidence yon shall give upon the inquest touching- 
the death (or wounding) of , (or of the person 

whose body has been -viewed) shall be the trutn, the 
whole truth and nothing but the truth. So help yoa 
Qod, 



No. 190. 

I 775. Snbp<Bna by Coroner. 

In the name of the people of the state of New York r 
To : 

.We conmiand yon and each of you, that all business^ 
and excuses being laid aside, you be and appear befoi*e 
the undersignedr one of the coronera of the county of 
at on this day of 18 y 

at o'clock in the noon (or forthwith), 

to testify upon an inquest then and there to be had 
upon the body of deceased, ^or upon the bod^ 

of a person whose name is unknown), and hereof fail 
not at your periL 

Witness the hand of said coroner this day of 

P. L., Coroner. 



44% FORMS. 

NaldL 

f 77S. Attaohment by Coroner Against Witness. 

The people of the state of New York to the sheriff of the 

county of , greeting'; 

We command you that you attach and brinf 

him before the undersipfned, one of the cotoners of said 
county, at in said county, forthwith to testify 

upon a certain inquest ^as set forth in the subpoena) and 
alBO to answer ail sucn mattei-s as shall be objected 
against him, for that he, having been duly subpoenaed 
to attend upon such inquest has refused or neglected to 
attend in conformity to such subpoena, and nave you 
then and there this writ. 

Witness the hand of the said coroner this day 

of ,18 

P. L., Coroner. 



No. 192. 

§ 777. Coroner's Inquest. 



>S8. 



STATE OP NEW YORK, 
County of 

OP 

At an inquest indented and taken this day of 
in the year of our Lord one thousand eight hundred and 
eighty , for the people of the state of New York, 

in the of , in said county, before 

, one of the coroners of said county, 
on view of the body of , then and 

there lying dead upon the oath of 



good and lawful men of said county, who being sworn 
and charged to inquire how and after what manner the 
said came to death, do say, upon 

oath aforesaid, that came to death 

by 



No. 193. 

f 778. Testimony taken by Coroners* I>eposUion. 
county of ,ss: 

Examination of witnesses produced, sworn and exam- 
ined on the day of 18 , before 



FCmMS. 447 

one of the coronerB of the said county and jurors, 

good and lawful men of the said county duly summoned 
and sworn by the said coroner to inquire how and in 
what manner, and when and where (or per- 

son unknown) came to his death (or was wounded) and 
who such pei^n was, and into all the circumstances at- 
tending such death (or wounding) and to make true 
inquisition, accoi*ding to the evidence, arising from the 
investigation of the body. 

G. H. being produced and duly sworn and examined 
testifies and says that (give testimony in full). 

(Signed) G. H. 
Subscribed and sworn to before me, ) 

this day of ,18 • , f 

P. L., Coroner. 

I do hereby certify that the foregoing testimony of ihe 
several witnesses appearing upon the foresoing inquest 
was reduced to writing by me, and that the said testi- 
mony is the whole of the testimony taken on such inquest, 
and that the same is correctly stated as given by the 
witnesses respectively. 

P. L., Coroner. 



Nal94. 

$ 781. Coroner's Warrant. 

County of Albany [or as the case may be.] 

In the name of the people of the state of New York : 

To any peace officer in this state : 

An inquisition having been this day found by a cor- 
oner's juiy, before me, stating that A. B. has come to 
his death by the act of C. D. by criminal means [or as 
the case may be, as found by the inquisition]. 

Tou are therefore commanded forthwith to arrest the 
above-named C. D. and take him before the nearest and 
most accessible magistrate in this county. 

Dated at the city of Albany [or as the case may be] 
the day of » eighteen hundred and 

Coroner of the county of Albany, 
[or as the case may be]. 



448 FORM& 

No. 196. 

f 788. Coroner's Statement to Saperyisors. 

Statement and inventory of all moneys and other val- 
nabie things found with or upon all persons on whom 
inquests have been held by and befoi*e the undersigned, 
one of the coronera in and for the county of . for 

and dm'ing the year commencing on the day of 

18 



Upon whom found. 



A. B., etc. 



Articles found. 



Enumerate property. 



Disposition thereof. 



Delivered tocoanty 
U'easurer, etc. 



(Signed) P. L., Coroner. 

county of , ss : 

P. L., one of the coroners of said county being duly 
sworn says that the foregoing statement and inventoi*y 
is in all respects just and true to the best of his knowl- 
edge and l]^lief, and that the moneys and other articles 
therein mentioned have been delivered to the treasurer 
of county and to the legal representative of 

the persona therem mentioned as therein stated. 

P. L., Coroner. 
Snbscribedy sworn to before ) 

me » 18 . ) 

H. R., Notary Public. 



No. 196. 

$ 792, Sabd. 1. Information for Search Warrant. 

county of , ss : 

being duly sworn says : That he resides in 
that the following pi'operty has 

been stolen or embezzled fix)m at 

that is the owner thereof; that said property 

has been stolen by and is now in his possession^ 

or the possession of at the 



1 

« 



FORMS. 449 

of aforesaid, or is concealed in * in said 

of ; that the facts upon which this 

affidavit is based are as follows : 

Subscribed and sworn to before me» this day 

of 188 . 



No. 197. 

$ 792, Sabd. 2. Information for Search Warrant. 

county of , ss : 

being duly swora, says : That he resides 
in ; that the following" proi)erty has been 

used as the means of committing a felony by 

at or is in the iwssession of 

at or is concealed in in ; 

that the facts upon which this affidavit is based are as 
follows : 

Subscribed and sworn to before me, this day 

of 188 . 



No. 198. 

J 797. Search Warrant. 

County of Albany [or as the case may be]. 

In the name of the people of the state of New York : 

To any peace officer in the county of Albany, [or as 

the case may be] : Proof by affidavit having been this 

day made before me, by [naming every person whose 

affidavit has been taken], that [string the particulai* 

Cunds of the application, according to section seven 
idred and ninety-two, or if the affidavit ]ye not ** pos- 
itive that thei"e is probable cause for believing that," 
stating the gi*ound of the application in the same man- 
ner]. 

You are therefore commanded in the day time, [or at 
any time of the day or night, as the case may be, accord- 
* ingto section eight hundred and one], to make immedi- 
ate search on the person of C. D., [or "in the building 
situated," desciibing it, or any other place to be 
searched, with reasonable particularity, as the case may 
be], for the following propei;ty : [describing it with rea- 

29 



490 FORMS. 

flonaUe particularity ]» and if >oa find the same, or any 
paft thei^eof^ to hr'mg it forthwith before me at [stating- 
the place]. 

Dated at the dty of Albany [or as the case may be], 
the day of » eigrnteen hundred 

111* h .f 
Justice of the peace of the city [or town] of [or as the 
case may be]. 



Na 199. 

i 808. Beoeipt for Property taken under a 
Search warrant. 

I, , a peace officer of the , have taken 

under a search warrant issued by , a justice 

of the of , from , from whom 

it was taken or in whose possession it was found, or from 
in the said of , where the property 

hereinafter described was found, no person being there, 
the following described propei-ty : 

[/Signature,^ 



Na20a 

$ 806. Betom of Search Warrant. 

I have executed the within search warrant, as I am 
within commanded, by making diligent search in the 
place designated i9the said warrant lor the goods thei*e< 
in described, but cannot find the said goods or any part 
thereof [or find the goods described in the inventory 
returned herewith and none other]. 

A. B., Peace officer. 



No. 201. 

ii 805, 806. Inventory and AffldAvits thereto ol 
Property taken under Search Warrant. 

Inventory of property taken by the undersigned, 
under and pursuant to the annexed wan*ant, made 
publicly and!^ in the presence of , from whose 



FORMS. 451 

poBBession it was taken, and of » the applicant 

for the warrant. 

Dated , , 188 . 

[iSignatnre.] 

I, , the peaee officer by whom the annexed 

warrant was executed, do swear that the above inventory 
contains a true and detailed account of all the property 
taken by me on the warrant. 

"Taken, subscribed and sworn, to this ) 
day of ,188 . j 



Na 202. 

i 827-836. Requisitions, 
J8TATE OF NEW YORK, ) 

EXBCTTTIVB DePABTMBITT. ) 

The foUowin^^ are the regulations adopted by the 
governor in i*eference to applications for requisitions and 
mandates upon requisitions : 

Applications must come from district attorneys, and 
be by duplicate original papei*s, except the indictment, 
which may be a certified copy. 

1st. The district attoniey must certify that in his 
opinion the ends of public justice requii-e that the crim- 
inal be brought back to the state for tii^, at the public 
expense; that he is content that such expense be a 
county charge, and that he believes he has within his 
reach, and will be able to produce on the trial, the evi- 
dence necessary to secure conviction. 

2d. He must further name the state upon whose exec- 
utive the requisition is to be made, and name a proper 
person as agent, having no private interest in the arrest 
of the fugitive. 

3d, If there has been any former requisition for the 
same person growing out of the same transactions, it 
must be so stated, with an explanation of the reasons for 
asking for a new requisition 

4th. If the criminal is known to be under arrest lor any 
other offense, it must be so stated. 

If an indictment has been found, a certified cop> of tae 
same must accompany the application. i 



452 FORMS. 

Also there must be, by affidavit, x>o&itive proof that 
the criminal has fled from the state and the justice 
thereof, or pitK)f of facts and circumstances warranting* 
such conclusion, with a satisfactory explanation of delay 
in prosecution, or other matter circulated to excite sus- 
picion of want of g-ood faith in the pix)ceeding. Also 
proof that the criminal has taken refuge in the state 
on whose executive the demand is to be made. 

If known, it must appear whether the ciiminal is & 
resident of this state, or only ti*ansiently here. 

Mattera stated on information and belief must be 
stated with the soui*ce of information and belief, and 
mere general allegations of law and fact be avoided as 
far as possible. 

In cases in which no indictment has been found, there 
must be, in addition to the pi*oofs above mentioned, 
proof by affidavit, taken before a magistrate, of the facts 
and circumstances constituting the crime. 

If the crime charged be forgery, the affidavit of the 
person whose name is alleged to be forged must be pro- 
duced, or a satisfactory i^eason given for its absence. 

In all cases the official character of the officer taking^ 
the affidavits must be duly ce]*tified. 

District attonieys will be held to the strictest responed- 
bility to see that this process is not used for the purpose 
of collecting debts, or for other private pui'poses, espe- 
cially in false pretense, embezzlement and forgery cases. 

If it is discoveiHid that this pi'ocess is being abused, or 
has been inadvertently granted, there will be no hesita- 
tion in revoking it. 

Requisitions will be mailed directly to the governors 
upon whom made, unless there be very special reasons 
for doing otherwise. The agent's authority will be sent 
to the (Sstrict attorney for delivery, who must see to it 
that the agent makes return of it, withiu a reasonable 
time, to the executive department, with a statement of 
the manner in which his duty has been discharged. 

Mandates upon requisitions from other states will not 
be issued unless the requisition is supported by proofs- 
conforming substantially, in material matters, as to the 
statements about the crime, and the manner of the 
. criminal's departure from the state, and the good faith 
of the prosecution to the requiremexits of the foregoing- 
regulations in similar cases. 



FORMS. 453 

Mandates will be mailed directly to the sheriff of the 
county where the criminal is supposed to be. He will be 
<lirected in all cases to allow the man arrested a reason- 
able opportunity to assert, before delivery, any legal 
rights he may have in the premises. 



No. 203. 

i 840. Bastardy, Application in, by overseers. 

county, ss : 
To 9 Esq., justice of the peace of the county 

of : 

, being pregnant with child, which is likely to 
"be bom a bajgtard, or having been deli veiled of a 
bastai*d' child, and become chargeable to said county 
{or town or city, as the case may be], the undersigned, 
pursuant to section 840 of the Code of Criminal Procedure 
of the state of New York, applies to you to make inquiry 
into the facts and circumstsinces of the case. 

Given under my hand, at the of, tlds day 
of ,18 . 

, .Overseer of the poor. 



No. 204. 

$ 841. Bastardy, Affidavit of pregnancy. 

county, ss : 
The voluntary examination of of , in the 
of , taken in writing, upon oath before , one 

of the justices of the peace of the , who saith she is 

now with child, and has been so for about months 

last past, and that the said child is likely to be boi-n a 
ba8tai*d, and to be chargeable to the said town of ; 

that she is, and has for one year past been, an unmarried 
woman [or , her husband has continued absent out 

of this state for one whole ^ear previous to such birth, 
fteparate from her and leaving her during that time con- 
iinuing and residing in this state ; and that such child 
was begotten and will be bom during such absence and 
separation ; or that such child was begotten and will be 
bom during the separation of its mother from her hus- 
l>and, pm'suant to a decree of a court of competent 



454 FORMS. 

authority], and that hath gotten her with child of 

the said bastard child. 
Taken upon oath before me this day of , 18 » 

, Justice of the Peace. 



No. 206. 

$ 841. Warrant Against Repnted Father prior to- 
B&Ui of Child. 

county, fis: 
To any jieace officer of said county, greeting : 
Whereas, upon the application of , overseer 

of the poor of said , in said county, to me, » 

one of the justices of the peace of the said county of ^ 
I have ascertained by the examination, on oath of » 

that she is now pregnant of a child, likely to be bom & 
bastard, and to be chargeable to the said couAty, and 
[!*ecite examination] is the reputed father of 

such child ; these are, therefore, to command you forth- 
with to apprehend the said , and bring him. 
before me, at my office, in the town of , in said 
county of , for the purpose of having an adjudi- 
cation respecting the filiation of such child, likely to be 
bom a bastai*d. 
Given under my hand this day of , 18 . 

, Justice of the peace. 

No. 206. 

$841. Bastardy. Affidavit of Mother after 
Birth of Child. 

county, ss : 
The voluntary examination of , of , in 

the of , taken on oath before me, , 

one of the justices of the peace of the of , 

who saith, that on the day of , in the year of 

our Lord one thousand eight hundred and , at 

the of , she was delivered of a 

male bastard child, and that the said child is likely to be 
chargeable to the county of , aforesaid, and that 

hath gotten her with child of the said bastard 
child. 

Taken upon oath before me, > 
this day of ,18 .) 

, Justice of the peace. 



FORM& i$6 

No. 207. 

i 841. Warrant Against the Father after Birth 

of Child. 

county, ss : 
To any peace officer of the county of * , and to all 

and every one of them, greeting" : 

Whereas, , of the said of , a 

v^oinan, hath, in her examination, taken this day of 

,18 , in wnting upon oath before me, , 

one of the justices of the peace of the said of , 

declared on the day of , 18 , at the said 

of , she was delivei*ed of a male bastainl child, 

and that said child ^ow is, and is likely to continue to be, 
chargeable to said of , and that is the 

father of the said bastard child. 

And whereas, application hath been made to me by 
, overseer of the poor of the town of in 

said county, to make inquiry into the facts and circum- 
stances of the case ; and having, upon such inquiry, as- 
certained that said is the reputed father of such 
child so bom a bastard ; 

These are, therefoi'e, in the name of the people of the 
state of New York, to command and authorize you, im- 
mediately, to apprehend the said , and forthwith 
to bring him before me, the imdersigned justice of the 
peace, at the said of , for the purpose of hav- 
ing an adjudication respecting the filiation oi such bas- 
tard child. 

Qiyea under my hand, this • day of , 18 , 

, Justice of the peace. 



No. 208. 

1843. Indorsement to be made by Justice upon 
the Warrant when Reputed Father Besides 
in, or is in, Another County. 

County of , ss : 

I, the within named justice of the peace of the said 
county, hereby direct that the penal sum which any bond 
shall be taken of the within named , shall be 

dollars. 

Dated at , this day of ^ 18 . 

p Justice of the peace. 



456 FORMS. 

No. 209. 

f 843. Indorsement to be made by the Jnstice in 
the County where WaiTant is to be Executed. 

County of , ss : 

The within warrant, with the indorsement made there- 
on by the justice of the peace by whom it was issued, of 
the sum required to be put in the bond, having been 
presented to me, a justice of the peace of and i*esi(Mnj^ in 
eaid county of , and due proof under oath having* 

been made to me by the oath of , of the signature 

of the said justice who issued the said waiTant, authority 
is by me hereby given to an-est the within named , 

in the said county of 

Dated at , the day of , 18 . . 

, Justice of the peace. 



No. 210. 

i 844. Bastardy— Putative Father's Bond on Arrest in 

Another County. 

Know all men by these presents: 

That we, C. D., and R. F., of , in the county 

of , are held and firmly bound, jointly and 

severally, unto the people of the state of New Yojk, in 
the sum of dollars, for the payment whereof 

to the said people we bind ourselves, our heirs, executors 
and administrators, jointly and severally, firmly by these 
presents. Sealed with oui* seals, and dated this 
day of , 18 .* 

Whereas, the said E. D., has this day been brotight 
befoi-e the undersigned, one of the justices' of the peace 
of the county of , by virtue of a warrant issued 

by G. H., one of the justices of the peace of the said 
county of , whereon the name of the said justice 

[or, of O. M., one of the justices of the peace of the said 
county of ] is indorsed, with an authority to 

arrest the said C. D., in the said county of ; in 

which warrant it is recited that E. B., of , in 

said county of , upon her examination, on oath, 

before the said G H., justice, did declare hei'self preg- 
nant af a child, which is likely to be bom a bastan^ and 
to become chargeable [or did declare that she was, on 
the day of , at aforesaid* 



FORMS. 457 

delivered of a bastard child, which is chargeable to said 
town l^or county] ; and upon the said warrant is indoi*sed 
the durection oi the said G. H., that the penal sum in 
which any bond should be taken, of the said C. P., 
should be $ ; now, therefore, if the saidC. D., 

«tc., [insert one of the conditions expressed in § 844], 
then the above obligation to be void, olhei*wise of force. 

•Sealed and delivered in pi'esence of, ) 
and the surity api)roved by me, 5 

( C. D., [l. s.] ) 
t R. E., [l. s.] 5 
M. B., Justice. 



No. 211. 
} 849. Bastardy ; Bond oa Adjournment. 

Know all men (etc., as in down to the * and) 

the condition of this obligation is such that, whereas, 
the undersigned, C. D., has this day been brought be- 
fore , chai*efed upon the oath of 
aforesaid as the reputed father of a bastaiti child, with 
which the said alleges she is pregnant (or of 
a bastard child lately boi*n of the said ) ; and 
whereas, at the request of the said , and for 
sufficient reasons the said determined to ad- 
journ the examination and adjudication respecting such 
charge, upon the execution of this bond, until the 
day of , at . m., in ; now, therefore, 
if the said C. D. shall personally appear before the said 
, at the time and place last aforesaid, and not 
depart therefrom without leave, then this obligation is to 
te void, otherwise of force. 

Sealed, etc. [l. s.' 

[l. s.' 



No. 212. 

f 860. Order of I^iliation. 

court, county of ss : 

Whereas, the undersigned, being of said county, havings 
apon the application of , overseer of the poor 

of the town of in said county, this day associ* 



^ FORMS. 

ated for the purpose of making an examination touching- 
a bastard child lately boioi in said town of the body of 
C. D. (or as the case may be) and chargeable (or likely to 
be chargeable) to said town of » and of which 

child the said C. D. is alleged to be the father; and 
whei'eas, we have duly examim^d the said C. £. on oath, 
in presence of the said C £., in I'espect to such chai^ge, 
and hetuti the testimony offei*ed in relation thei*eto, 
whereby it ap|)eai*s that the said C. E. was on the day 
of , delivei-ed of a bastai*d child (or as the case 

may be) and which is chargeable (or likely to become 
chargeable) to the said town of , and that said 

C. D. is the father of said child, we do, therefore, ad- 
judge him the said C. D. to be the father of said bastaixl 
child, and oixler that he pay to the overseer of the poor 
of said town, for the support of said child, the weekly 
sum of f so long as the said child shall continue 

chargeable to said town ; and inasmuch as it appears to 
us, and we find that the said C. E. is in indigent circum- 
stances, we determine that the said C. D. pay to the said 
overseer of the poor, for the support of said C. E. during 
the confinement and recovery, the sum of • And 

we hereby certify that the reasonable cost of arresting 
the said C. D. and of this oi*dei* of filiation is the sum 
of 

Given under our hands, at the town of , this 

day of , 188 . 



} 



Justices. 



No. 213. 

i 851. Bond after Order of Filiation. 

Know all men (etc. as in down to the * and), the 

condition of this obligation is such that, whereas by an 
order this day duly made and subscribed by 
justice of the peace of the county of , it is adjudged 

that 0. D. is the father of a bastai*d child of which C. E. 
is pregnant, [or as the case may be] which is likely to 
become [or is] chargeable to saici town of ; and it 

was thereuiwn ordered by the said justice that [i-ecite 
the order of filiation]. Now therefore, if the said C. D. 
shall pay the sums for the support of the said bastard 



FORMS. 45» 

child and the sustenance of its mother, as ordered by- 
said justice as afoi*esaid, or shall be at any time hei'e- 
after oixiered by the court of sessions of the county 
of , and shall fully and amply indemnify the said 

town of , and every other town, city or county 

which may have been or may be put to expense for the 
support of the said bastard or of the said mother during^ 
her confinement and recovery, in all not exceeding* the 
sum of hereby fixed and determined upon by the 

said justices, then this obligation to be void ; otherwise 
ci force. 
Sealed, etc. [l. b.I 

[l. S.J 



No. 214. 
i 851. Bond on Appeal ftom Order of Filiation. 

Know all men (as in down to the ♦ and). Now 

therefore if the said C. D. shall personally appear at the 
next court of sessions of the county of , to answer 

the charge aforesaid and obey its order thereon and not 
depart said court without leave, then this obligation to 
be void ; otherwise that we will pay the sum of $ 
fixed and determined upon by the said justices as a full 
indemnity for supporting the said bastard and its mother* 

Sealed, etc. - [l. b.] 

' [l. s.] 



No. 215. 

$ 8G2. Commitment* 



Court, ) 



Connty of 

The people of the state of New York : 

To any peace officer of county, and to the keeper 

of the county jail of said county, greeting : • 

Whereas, by an order matie the day of > 18 , 

by and , two of the justices of the peace 

oi the of , C. D. is adjudged to be the father of 

a bastard child bom of the body of C. E. (or with which 
she is now pregnant), and chargeable (or likely to be- 
come chargeable) to the said town of , which said 



460 FORMS. 

order waa duly made after due examinatioa upon appH^ 
cation by , overseer of the poor of the 

of 

And whereas, by said order the said C. D. waa further 
directed to pay to the overseer of the poor of 
the sum of f weeklv and every week for the sup- 

port of said bastard child for and during so long a time 
as said child shail so be and remain chargeable, and 
also the sum of $ directed to be paid by the said 

O. D. for the support of the said C. £. during her con- 
finement and recovery, she being found to l^ an indi- 
gent person; and iniind by said 0]*der determination fixing 
the costs of apprehending the said C. D., and of such 
order of filiation at the sum of ^ ; and whei'eas the 

said C. D. was present at the making of such order and 
determination, and which together with all other pro- 
ceedings was by said justices i*educed to wi'iting and 
subscribed by them ; and was I'equired by them to pay the 
said costs ana enter into an unde]*taking, with sufficient 
sureties to be approved by them, for the performance of 
such order, or his appearance at the next coui-t of sessions 
of said countyof , to answer the charge and obey 

its order therein, according to section 851 of the Code of 
Criminal Procedure of the state of New York. 

And whereas, the said C. D. has neglected to pay said 
costs and to enter into such bond as aforesaid : 

These are, therefore, to command you, the said peace 
officer, to take the said C. D. and convey and deliver 
him to the keeper of the common jail of the county of 
. And you, the said keeper, are hereby com- 
manded to receive the said C. D. into your custody in 
said jail, and thei-e safely keep him until he shall pay 
the said costs and execute such bond aforesaid, or he be 
discharged by the coui-t of sessions of said county. 

Given under our hands at the of the 

day of . • 

Signature, 

No. 216. 

S 8S6. Order of Filiation in the Absence of the Reputed 
Father, Apprehended in Another Coitnty. 

County of , ss : 

C. D., having been apprehended in the county of 



FORMa 461 

f in the state of New York, by virtue of a warrant 
and the direction thereon indoi*sed, of which the follow* 
ing are the copies, to wit : [insert copies] was carried 
before M. B.« Esq., a justice of the peace of the said 
county of , who took from him, the said C. D., a 

bond to the people of the state of New York, with good 
and sufficient sui'eties, in the sum dii*ected in the indoi-se- 
znent on said warranty conditioned that the said C. D» 
shall appear at the next court of sessions to be holden in 
the county of , and not depart the said court with- 

out its leave ; and the said bond having been in due 
form of law i-etumed to the undersigned G. H., the jus- 
tice who issued the said warrant, he thei*eupon immedi- 
ately called to his aid the undersigned S. T., another 
justice of the same county, and the said justice proceeded 
to make examination of the matter, on the day of 

18 , at , in said town, and then and there 

heard the proofs that wei*e offered in relation thereto f 
by which it was proven that the said E. B., being in the 
said town of , has been delivered of a bastard 

child, ete., in said town [or, that the said E. B. is 
now pi*egnant of a child, which, when bom, will be a 
bastard], and which is chargeable [or, likely to become 
chargeable], to said town [or county], and that C. D. is 
the father of said child. 

We do, therefore, adjudge him, the said C. D., to be 
the father of the said bastaixi child ; A.nd, further, we do 
hereby order that the said C. D. pay to the overseer of 
the poor of the said town of , [or, to the superin- 

tendent of the poor of said county], for the support 
of said child, the weekly sum of one dollar, so long as 
the said child shall continue chargeable to said town [or 
county ; and inasmuch as it appears to us, and we find^ 
that the said E. B. is in 



No. 217. 

i 8S6. Warrant to Commit Mother Who Rerases- 
to Disclose the Name of the Father. 

County of , ss : 

To any peace officer of said county, greeting : 

"Whereas we, the undersigned, justices of the peace of 
0aid county, are now associated for the pui*pose of 



492 FOHMS. 

examininn^ into the matter, and makinfl^ order for the 
indemnity of the town of , in said county [or fc» 

the indemnity of the said county], ag'ainst the support of 
a certain child, said to have been boi*n a bastard, of the 
body of E. B.y and chargeable [or likely to become 
chargeable] to said town [or county] upon the applica- 
tion of E. F., ovei*8eer of the poor of said town [or a 
43uperintendent of the poor of said county], have required 
the said E. B., who is now before us, to submit to an 
examination on oath, in the presence of C. D., who has 
been brought before us, charged with being the father of - 
said child, to testify touching such chai*ge, and to disclose 
the name of such father, but the said £. B. wholly 
refuses to testify and disclose ; and inasmuch as it now 
appeal's to us, upon due proof thereof, given on oath 
befoi*e us, that more than a month has elapsed since the 
said E. B. was delivered of said child* and that she is 
now sufficiently recovered from confinement. You are, 
therefore, hereby commanded, in the name of the people 
of the state of New York, to take the said E. B., and 
convey her to the common jail of said county, the keeper 
whereof is required to detain the said E. B. m his 
custody in said jail until she shall so testify and disclose 
the name of such father. 

Given under our hands at , this day of » 

18 . 



} 



Justices. 



No, 218. 

f 856. Process to Compel Attendance of Mother 
before Justices. 

County of ,88: 

To any peace officer of said county, greeting : 

Whereas we, the undernamed jus^ces of the peace of 
said county, have, upon the appUcation of the overseer 
of the poor of the town of , in said county [or the 

superintendent of the poor of said county], associated 
for the purpose of examining into the matter of a certain 
complaint made to us by said overseer [or superintend- 
ent], that E. B., of said town, is now pregnant with a 
child, which, when bom, will be a bastard, and which is 



FCffiMS. 4i3 

likely to become diai^able to said town [or county ; or 
tlmt £. B. has been (&livered in said town of a bastard 
child, which is chargeable, or likely to become charge- 
able to said town or county] ; and 0. D. having been 
brought before us this day, charged to be the putative 
father of said child : Now, therefore, to the intent that 
the said £. B. may be examined before us, on oath, and 
in the presence of the said CD., touching the father of 
said child, you ai*e hereby commanded, in the name of 
the people of the state of New York, to bring the said 
E. B. forthwith, before us, at the office of the undersigned 
O. H., m , aforesaid. 

Given under our hands at , this day of , 

18 . 

g-^'i Justices. 



No. 219. 



i 857. Summons where Mother has Property in 

her own right. 

county of , ss : 

To any peace officer of said county, gi'eeting : 

You ai-e hereby I'equii'ed to siunmon E. B., of the town 
of in said county, to appear before us, the under- 

signed, justices of the peace of said county, on the 
day of , instant or two o'clock in the afternoon, at 

the office of the undersigned, G. H., to show cause, if 
any she may have, why we should not make an order 
for the keeping of a bastard child, said to have been 
lately bom of said E. B., and chargeable (or likely to 
become chargeable) to said county (or town), by charg- 
ing the said E. B., with the payment of money weekly, 
or other sustentation ; E. P., ovei-seer of the poor of said 
town (or superintendent of the poor of said county), hav- 
ing applied to us for that purpose. 
Given under our hands, at > 

this day of ,18 . ) 

g • ^'* \ Justices of the Peace. 



464 FORMS. 

No. 22a 

i 857. Support of Child— Order to Compel 
the Mother to pay for the. 

county of , ss ; 

"Whereas, E. F., one of the supeiintendents of the poor 
of said county (or, overseer of the poor of the town of 
, in said county), has made application to us, 
two of the justices of the peace of said county, complain- 
ing that E. B., of , in said county, was latelv 
delivei-ed, at aforesaid, of a bastam child, which 
is chargeable (or likely to become charp^eable), to said 
county (or town) ; and that said E. B. is possessed of 
property in her own right, and is of sufficient ability to 
support said, child, and desiring that we should examine 
into the matter, and make oi-der for the indemnity of said 
county (or town), and whereas, upon examination into 
the matter of said application, and upon, due proof 
thereof, on oath before us given, and the said E. B.» 
although present at such examination, not showing any- 
sufficient cause to the contrary (or, and the said E. B., 
neglecting to appear before us and show cause, if any 
she might have, to the contrary, although duly sum- 
moned so to appear), we do, therefore, hereby order 
that the said E. B., pay weekly to said superintendent 
(or to said ovei*seer), the sum of , for the support 
of said child [if necessaiy, insert here, unless the said 
E. B., shall nurse and take care of said child herself]. 

Given under our hands, at , ) 

this day of ,18 .3 

Ig • ^^ \ Justices. 



No. 221. 

i 858. Warrant to Commit Mother for not Bxecatin^ 

Bond. 

County of , ss: 

To any peace officer of said county, greeting^: 
Whereas, by an order, duly made by us, the under- 
signed, justices of the i)eace of said county, bearing date 
the day of , instant, in relation to the 

keeping of a certain bastard child lately bom in said 



FORMS. 465 

county, of the body of E. B., which is charceable to the 
town of , [or, said county], we dii'ected, etc., [as in 

the order] , which order was so made upon the applica- 
tion 'of E. F., overseer of the poor of said town [or, a 
superintendent of the poor of said county], and after due 
notice to the said E. B., to show cause, if any she might 
have, against the making of such order ; and, whei^eas, 
a copy of said order, subscribed by us, has been served 
upon the said E. B., and she has neither executed the 
bond by law required for her appearance at the next court 
of sessions, etc., nor complied with the requirements of 
said order. You ai'e, thei'efore, hereby commanded, in 
the name of the people of the state of New York, 
to take the said E. B., and convey her to the 
common jail of said county, there to i*emain, without bail, 
until she shall comply with said order, or execute tlie 
bond authorized by statute as aforesaid. 

Given imder our hands, at this day 

of ,18 

^'r^' \ Justices. 



No. 222. 

iGing I 

or Mother. 



i 860. Order Reducing Sum to be Paid by Father 



County of , ss: 

To the overseer of the poor of the town of , 

in said county, [or, the superintendent of the poor of said 
county]: 

Whereas, by an order of filiation by us made, bear- 
ing date on day of last, we did determine 
that C. D., is the father of a certain bastai*d child, then 
lately bom in aforesaid, and did therein order, 
among other things, that the said C. D., should pay to 
you, the said overaeer [or, superintendent], for the 
support of said child, the weekly sum of one dollar, so 
long as said chUd should continue chargeable to said 
town [or, county.] And, whereas, upon the application 
of the said C. D., we have this diy inquired into the cir-' 
cumstances of the case, and heard the preofs and allega- 
tions to us submitted in relation thereto; and it appear-* 

30 



466 FORMS. 

ing tons, upon saeh inquiiy, that the circametances in 
reuition to said bastaid child render it proper and expe- 
dient that the sum required to be paid by the eaid 0. 
D., by our^ormer oi*der, should be i-educed, as herein- 
after expressed. And, inasmuch as you, the said over- 
seer [or, superintendent], have shown before us no 
sufficient reason against such reduction, although 
appearing before us [or, notified to appear before us and 
show cause, if any you might have], we do, therefore, 
reduce the sum required to be paid by the said C. D., 
bv Our former order as aforesaid, to the weekly sum 
of . 

Given under our hands, this day of , 

18 

8*T *' c J^^lJ^^^* 



Na 223. 

f 800. Notice by Snperlntendent or Overseer, that 
Application will be made to the Coart of 
Sessions to Increase the Amount Payable 
in the Order or Filiation. 

To C. D.: Tou will take notice, that I shall make 
application to the next coui*t of sessions of the county 
of , to be holden at , in said county, on the 
day of , at ten o'clock in the forenoon, to increase 

the sum directed to be paid by the order of filiation, of 
which the annexed is a copy, for the support of the 
bastai*d child thei*ein named: which said application 
will be founded on the affidavits, copies of wnich are 
also annexed. 

Dated at , this day of , 18 . 

L. M., Superintendent of the poor. 



No. 224. 

f 890. Kotice to be given to Saperintendent or 
Overseer for Reducing Amount in Order 
of Filiation. 

To L. M., superintendent (or overseer of the poor) : 

You are hereby notified that I shall make appUcation 
to the next court of sessions of the county of , 



FORMS. 467 

to be holden at , in said county, on the 

day of > 18 , at ten o'clock in the foi'enoon, to 

reauce amount directed to be paid by the order of filia- 
tion, of which the annexed is a copy, for the support of 
a bastard child thei*ein named ; which said application 
mil be founded on the affidavits, copies of which are also 
.annexed. 

Dated at , this day of , 18 . 

L. M., Superintendent of the poor. 



No. 225. 

$ 800. Warrant to Seize the Property of Absconding 

Father or Mother. 

County of , ss : 

To the overseer of the poor of the town of , in 

said county [or, to the supeiintendent of the poor of said 
<50unty] : 

It appearing to us, two of the justices of the peace of 
said county, as well by the representation and applica- 
tion to us made by the said overseer [or the said super- 
intendent], as upon due proof of the facts before us 
^ven, that C D. is the father of a bastard child whereof 
£. B., of said town, is now pregnant, and which, when 
bom, is likely to become chargeable to said town [or 
county, or that C. D. is the father of a bastai*d child 
lately bom in said town, of E. B., and which is charge- 
able or likely to become chargeable to said town or 
county], and that said C. D. has absconded from said 
town, which is the place of his ordinary residence, leav- 
ing in said county some estate, real or personal : 

We, therefoi'e, authorize you, the said overaeer of the 
poor, to take and seize the goods, chattels, effects, 
things in action, and the lands and tenements of said 
A. B., wherever the same may be found in said county ; 
And you will, immediately upon such seizure, make an 
inventory of the property by you taken, and return the 
same, together with your proceedings, to the next court 
of sessions of said county. 

Given under our hands, in the town of , this 

day of , 18 . 

^;^;'i Justices. 



468 FORMS* 

No. 226. 

(862. Kotlce of Appeal from Onler of Filiatioiu 

County of , as : 

To G. H. and S. T., Esqs., justices of the peace of eaXd. 
county : 

You will take notice that the underslg^ned, conceiying* 
himself aggrieved by the order made by you, of which a 
copy is annexed, hei'eby appeals therefrom to the next 
court of sessions to be holden in said county. 

Dated at , this day of , 18 . 

CD. 



No. 227. 

( 887, Sabd. 1. Complaint against Vagrant. 

Court, > . 
County op . ) * 

, of the said of , being duly swom^ 

makes complaint and says, that , who is now iu 

said of , is a person who, not having visible 

means to maintain himself, lives without employment, in. 
that he 

Subscribed and sworn to before me, ) 
this day of , 188 . . ) 



No. 228. 

( 887, Subd. 1. Warrant Ibr Vagrancy. 

Court, \ 
County op . ) * 

In the name of the people of the state of New York : 
To any peace officer in the county of : 

"Whereas, complaint has this day been made by 

, of the of , in the county of , on oath^ 

before , a justice of the said , that on the 

day of , 188 , at the said of . , in said 

county, f was and is a person who not 

having visible means to maintain himself, lives without- 
employment 

against the peace of the people of the state of New York, 
and the form of the statute in such case provided ; 



FORMS. 469 

"We therefore command you forthwith to take the body 
of the said , and bring him before the saia 

, Ai the , in the said of , 

for examination with this warrant, and a return of your 
doings thereon endorsedt to be dealt with according to 
law. Hereof fail not at your peril. 

Witness, the said , at the of , in 

the county aforesaid* the day of , 188 . 

IJSigTuxtwe.] 

By virtue of the within warrant, I have arrested the 
witmn named , and now have him before 

the magistrate by whom this warrant was issued. 

188 . 

Policeman. 



•No. 229. 

$ 888. Information as to Truant Child. 
Court, "I^, 

COUKTT OF f ) ' 

bein^ duly sworn deposes and says, that 
he is a in the aforesaid, that on the 

day of 188 one a child, 

l>etween the age of five and fourteen years, having suffi- 
cient bodily health and mental capacity to attend the 
public schools, was found by him wandering in 
street of said of , a truant without any 

lawful occupation. 

Subscribed and sworn to before me, this day 

of 188 

[JSignature.] 



No. 230. 

i 888. Summons to Parent, etc., to Attend 
E;camination of Truant Child. . 

In the name of the people of the state of New York : 
"To , parent, guardian or master of 

Whereas, complaint and information on oath has been 
^uly made by , of the , in the county 



470 FORMS. 

of f before me, » a justice of the 

that on the day of , 188 » said 

who is a child between the age of five and fourteen years, 
having' sufficient bodily health and mental capacity to 
attend the public schools, was found wandering in the 
streets of the of aforesaid, a truant without any 

lawful occupation, and said has been duly 

arrested and is now in custody on said chai'ge, and is to 
be examined thereon before the said , at the 

, in the of , on the day of 

, 188 . You are hereby summoned and 
required to attend said examination at the time and 
place aforesaid. 

Witness the said » at the of , 

the day of ,188 . 

[8ig7UjtfwreJ\ 

Endorse return. 



No. 231. 



i 888. Undertaking of Parent, Master or Guardian. 

of Truant Child. 

CouBT, ) 

County op . ) 
Whereas, complaint having been duly made before 
a justice of the , in 

the county of and state of New York, that 

residing in in the of in the 

county of and state of N'ew York, a child of 

the age of years having sufficient bodily health 

and mental capacity to attend the public schools, was on 
the day of 188 found wandering 

in the streets of the said of , a truant, 

without any lawful occupation. And, whereas, the sa\<l 
justice, on such complaint being made, did duly cause 
a peace officer to bring such child before him for examina- 
tion, and did duly cause ■ the parent, guardian or 
master of such child to be summoned to attend such, 
examination. And, whereas, such examination was, on 
the day of 188 duly had before 
said justice, and said complaint satisfactorily established. 
And, whereas, on the establishment of said complaint, 
said justice did require the said parent, guardian or maa* 



FORMS. 471 

ter of said child to enter into an engagement, in writing, 
with suret in the sum of 

hundred dollars, to the of that he 

wiU restrain such child from so wandering about as afore- 
efaid ; will keep h in h own premises, or in some 
lawful occupation, and will cause h to be sent to 

some school at least four months in each year until he 
becomes fourteen years old. 

Now, therefore, we, the said parent, guardian 

or master, residing in county of by 

occupation a and residing in 

county of by occupation a and 

residing in county of by occu- 

pation a sureties, hereby jointly and severally 

undertake that t]ie said will restrain said child 

from wandering about the streets of said of 

, a truant, without lawful occupation; will 
keep h in h own premises or in some lawful . 

occupation, and will cause h to be sent to some 

school at least four months in each year until he 
becomes fourteen years old; or if he fail to perform 
either of those conditions, we, the said sureties, will pay 
to the of the sum of hundred 

dollars. 

Dated at day of 188 

[Add acknowledffment aiidjtutificaUon,] 



No. 232. 

i 888. Engagement of Parent, Master or Guardian 

of Truant Child. 

Court, ) 

OP , County of ) 

Thb Psoplb 
vs. 

Whereas, the above named , residing in the 

county of and state of New York, a child of the 

age of years, having sufficient bodily health and 

mental capacity to attend the public schools, was, on the 
day of , 188 , found wandering in. the streets 

and lanes of of , a truant, without any lawful 

occupation. 



f 



472 FORMS. 

And, whereas, complaint was duly made to 
a justice of the of , against said child, 

therefor, 

Andy whereas, said justice did cause a peace officer to 
bring suah child befoi'e him for examination on said 
complaint, and did cause , the parent, guardian 

or master of said child to be summoned to attend such 
examination. 

And, whereas, on such examination the said complaint 
was satisfactorily established, and the said justice did 
require the said parent, guardian or master of said child 
to enter into an engagement, in writing, to the of 

, that he will restrain said child fiiom so wandering 
about as aforesaid ; will keep h in h own premises or 
in some lawful occupation, and will cause h to be sent 
to some school at least four months in each year, until 

he becomes fourteen yeai*s old. 

Now, this agreement and engagement witnesseth: 
That the said , the parent, guardian or master of 

said child, hereby covenants, promises and agi*ees to 
and with the said of , that he will i^estrain 

said child from so wandering about as aforesaid ; and 
will keep h in his own premises and in some lawful 
occupation, and will cause h to be sent to some school 
at least four months in each year, until he becomes 
foui*teen years old. 

In witness whereof, I have hereunto set my hand and 
seal this day of , 188 . • 

Sealed and delivered in presence of 

[l. s.] 

[8ig7iattiTe.\ 



No. 233. 

f 888. Warrant of Arrest of Troant Child. 

Court,) 
Couimr OP ) ^; 

In the name of the people of the state of New York : 
To any peace officer of the county of , greeting : 

Whereas, information on oath has this day been duly- 
made by of the in the county of , 
before me, , a justice of the said 



FORMS. 473 

9 that on the day of 9 188 » at 

y in said coanty, one a child between 

the age of five and fourteen years, having sufficient 
bodily health and mental capacity to attend the public 
schools, was found wandering in the of the 

of aforesaid, a truant, without any lawful occupation. 

Tou are, therefore, commanded and required, forth- 
with to apprehend and take the body of the said 
and bring him before the said , at in the 

said with this warrant and a return of your doin^ 

thereon indorsed, for examination, and to answer the said 
complaint, and to be dealt with according to law. 
Hereof fall not at your peiiL 

Witness, the said , at the , in the county 

aforesiud, the day of 188 . 

[SigwUure,] 



No. 234. 

i 888. Warrant to Commit Truant Child Havingr 
Parent, Guardian or Master. Plea, 
Not Guilty. 

OauBT, \ 
CoxjirrT OP , I 

In the name of the people of the state of New York : 
To any sheriff, constable, marshal or policeman of the 
county of , and to the superintendent and 

principal keeper of the alms-house of the sad 
county, greeting : 
Whereas, on the day of 188 

was brought befoi'e me, , a 

justice of the peace in and for the and 

county of , charged on the oath of 

which oath was believed by me, the said justice, with 
being a vaerant, within the intent and meaning of the 
statute and subdivision 8 of section 887 of the Code of 
Criminal Procedure, in that he is a child of the age of 
years, having sufficient bodily health and 
mental capacity to attend the public schools, and was, 
on the day of , 188 , found 

wandering in the streets in said of , a 

truant, without any lawful occupation. 

And, whereas, said on beinfip 

brought before said justice, was immediately informed 



474 FOIOiS. 

by said jnstioe of said cbai*ge against h and of h 
right to the aid of counsel in every stage of the pixxseed- 
ings, and before any further proceedings were had. 

And, whei-eaa, the pai-ent, guaiHlian 

or master of said was duly summoned to 

attend the examination of said 
on said chai'ge. 

And, whei*eas, the said charge was then and there 
distinctly i*ead and stated to the said 
who then and thei'e pleaded not guilty thereto, who was 
then and thei'e tried upon the said charge by the said 
justice, who did thereupon hear testimony on oath in 
support of said chai*ge, and in defense thereof, and on 
behalf of said person. 

And, whei'eas, the said testimony was given and evi- 
dence was had in the presence ana hearing of the said 

and said parent, guardian 

or master, he the sdid having 

previously thereto been allowed a reasonable time to 
send for and advise with counsel. 

And, whereupon, the said justice did thereux>on ad- 
judge and determine that the said 
was giulty of the aforesaid charge, and the said 

was thei-eujion convicted of the offense 
aforesaid, to wit, of being a vagrant, in that he said 

is a child of the age of 
years, having sufficient bodily health and mental capacity 
to attend the public schools, was on the 
day of , 188 , found wandering in the 

stilts of said of , a truant, without 

any lawful occupation. 

And, whereas, after the said complaint .was satis- 
factorily established, the said justice did require the said 
parent, guardian or master to enter into an engagement 
in writing to the of » that he 

would restrain said child from so wandering about; 
would keep h in h own premises or in some lawful 
occupation, and would cause h to be sent to some 
school at least four months in each year, until h be- 
comes fourteen years old ; and the said parent, guardian 
or master, having refused or necflected within a reason- 
able time so to do, it was acQuqgped and determined by 
me that the said should be 



FORBCS. 475 

committed to the alms-hoiiae of said cotmty, there beings 
no other place provided for h reception. 

Now, therefore, you the said sheiiff, constable, mar- 
shal or policeman, are commanded forthwith to convey 
and deliver the said into the custody 

of the said supenntendent and principal keeper of the 
said alms-house. And you, the said superintendent and 
piincipal keeper, are hereby commanded to receive the 
said into your custody, in the said 

alms-house, and there safely keep h until he shall 
be dischargped according to law. 
Given under mj hand, at the of \ 

aforesaid, this day of 188 ) 

[^gjuxture,] 

No. 236. 

i 888. Warrant to Commit a Truant Child, harinir 
Parents, Guardian or Master. Plea oxGoilty. 

COUBT, ) 

COUKTT OF f) 

In the name of the people of the state of New York : 
To any sheriff, constable, marshal or policeman of tiiie 
county of , and to the superintendent and 

principal keeper of the alms-house of the said county^ 
greeting': 

Whereas, on the day of , 188 , 

was brought before me, , a justice of the peace 

in and for the and county of , charged 

on the oath of which oath was believed b^ me, 

with being a vagrant within the intent and meanmg of 
the statute and subdivision eight of section 887 of the 
Code of Criminal Procedure, in that he is a child of the 
age of years, having sufficient bodily health and 

mental capacity to attend the public schools, and was on 
the day of , 188 , found wandering m 

the streets in said -of , a truant without any 

lawful occupation. 

And, whereas, the said on being brought 

before said justice, was immediately informea by said 
justice of said charge against h and of h right to the 
aid of counsel in every stage of the proceemngs, and 
befoi*e any further proceedings were had. 

And, wherea£^ , the pai*ent, guaji^tLa or 



476 FORMS. 

master of said child was duly eammoned to attend the 
examination of said child on said charge. 

And, whereas, the said charge was then and there 
distinctly read and stated to the said and 

h the said having;' been given a reasonable 

time to send for and advise with counsel, did then and 
there plead guilty to the said charge in the presence of 
and before said justice, and of h said parent, guardian 
or master. 

And whereupon the said justice did thereupon adjudge 
And determine that the said was guilty of the 

afoi-esaid charge and the said was thereupon 

convicted of the offense aforesaid, to wit, of being a 
vagranty in that he the said is a child of the 

age of years having sufficient bodily health and 

mental capacity to attend the public schools, was, on the 
day of , 188 , found wandering in 

the streets m said of a truant without 

any lawful occupation. 

And, whereas, after the said complaint was satisfac- 
torily established, the said justice did require the said 
parent, guardian or master to enter into an engagement 
in writing to the of , that he would 

restrain said child from so wandering about ; would keep 
h in his own premises or in some lawful occupation and 
would cause h to be sent to some school at least four 
months in each year, until he becomes fourteen years 
old. And the said parent, guardian or master having 
refused or neglected within a reasonable time so to do, 
it was adjudged and determined by me that the said 
should be committed to the alms-house of said 
county, there being no other place provided for h i*e- 
ception. 

Now, therefore, you the said sheriff, constable, marshal 
or policeman, are commanded forthwith to convey and 
deliver the said into the custody of the said 

superintendent and principal keeper of the said alms- 
house. And you, the said superintendent and principal 
keeper, are hereby commanded to receive the said 
into your custody in the said alms-house, and there 

safely keep imtil he shall be discharged according to 
law. 

Given under my hand, at the of \ 

aforesaid, this day of , 18S . 3 

[JSigriature,} 



FORBCS. 477 

No. 296. 

i 888. Warrant to Commit Truant Child, having no- 
Parent, Guardian or Master. Plea of GuOty. 



CODBT, ) . 

COUIITY OF t i 



In the name of the people of the state of New York : 

To any sheriff, constable, mai*8hal or policeman of the 

county of , and to the superintendent and 

principal keeper of the almshouse of the said county,. 

sreeting^: 

Whereius, on the day of , 188 » was. 

brought before me, , a justice of the peace in 

and for the and county of , , chai'ged 

on the oath of , which oath was believed by me, 

with being a vagrant, within the intent and meaning of 
the statute, and subdivision 8 of section 887 of the Code 
of Criminal Procedure, in that he is a child of the age 
of years, having sufficient bodily health and mental 
capacity to attend the public schools, and was, on the 
day of , 188 , found wandering in the streets 

in said of , a truant, without any lawful 

occupation. 

And, whereas, said has no parent, guardian or 

master, or no parent, gfuardian or master can be founds 

And, whereas, said , on being brought before 

said justice, was immediately infoi-med by the said 
justice of said charge against h and of h ri^ht to the 
aid of counsel in every stage of the proceedings, and 
before any further proceedings were had. 

And, whereas, the said charge was then and there- 
distinctly read and stated to the said , and he,. 

the said , having been given a reasonable time 

to send for and advise with counsel, did then and there 
plead guilty to the said charge. 

And whe]*eupon the said justice did thereupon adjudge 
and determine that the said was guilty of the 

aforesaid charge, and the said was thereupon 

convicted of the offense aforesaid, to wit, of being a^ 
vagrant, in that he, the said , is a child of the 

age of vears, having sufficient bodily health and 

xnental capacity to attend the public schools, was, on the 
day of 1 188 , found wandering in the streets 

in said of , a truant, without any lawful 



478 FORMS. 

occupation. It was adjudged and determined by said 
justice that the said should be committed to the 

abnshouse of said county, there being no other place 
provided for h reception. 

Now, therefoi*e» you, the said sheriff, constable, 
marahal or policeman, are commanded forthwith to 
convey and deliver the said into the custody of 

the said superintendent and principal keeper of the 
said almshouse. And you, the said superintendent and 
principal keeper, ara hereby commanded to receive the 
said into your custody, in the said ahnrfwuae^ 

and there safely keep until he shall be discharged 
According to law. 

GKven under my hand at the of afoi-esaid, 

this day of , 188 . 

[Signattire,] 



No. 237. 

( 891. Certiflcato ot* Cionviction of Vagrant 

I certify that A. B., having been brought befoi*e me, 
charged with being a vagrant, I have duly examined the 
charge, and that upon his own confession in my presence, 
[or ''upon the testimony of C. D.** etc., naming the wit- 
nesses], by which it appears that he is a peinson [pursu- 
ing the description contained in the subdivision of section 
887, which is appropriate to the case], I have adjudged 
that he is a vagi*ant. 

Dated at the town [or city] of , the day of 

,18 . 

Justice of the peace of the town 
of , [or as the case may be.] 



No. 238. 

f 802. Warrant to Commit a Vagrant After 
TriaL Plea, Not GnUty. 

CoUBT, ^ 

County of | 

In the name of the people of the state of New York : 

To any sheriff constable, mainahal, or policeman in the 



FORMS. . 479 

eounty of » and to the saperintendent and 

principal keeper of the almshouse and peniten- 
tiary of the said county, greeting : 

Whereas, on the day of , 188 , 

was brought before me, , a justice of the peace 

in and for the and county of , 

charged on the oath of , which oath was 

believed by me, the said justice, with, on this present 
day, at the of 

and being a vagrant within the intent and meaning of 
the statute. 

And whereas the said justice, imme<iiately and before 
any further proceedings were had, informed the said 

of the charge against him and of his right 
to the aid of counsel in every stage of the proceedings, 
and the said charge was then and there distinctly i*ead 
and stated to the said , who then and 

there pleaded not guilty thereto, who was then and there 
tried upon the said charge by the said justice, who did 
thereupon hear testimony on oath in support of said 
charge, and in defense thereof, and on behalf of said 
person. 

And whereas the said testimony was given and evi- 
dence was had in the pi*e8ence and heaiing of the said 
, he the said , having previ- 

onsly thereto been allowed a reasonable time to send for 
and advise with counsel. 

And whereupon the said justice did thereupon adjudge 
and determine that the said was guilty of 

the afoi'esaid charge, and the said was 

thereupon convicted of the offense aforesaid, to wit, of 
being a vagrant, in that the said , on 

this present day, at the of aforesaid, 

was and is a vacant within the 

intent and meaning of the statute ; and it was adjudged 
and determined by me that the said , who 

is not a notorious offender, should be committed to the 
alms-house of the said county of , or being a noto- 

rious offender and improper person to be sent to the 
alms-house, should be committed to and confined in the 
alms-house or penitentiary of said county for the tenn of 
, at hai'd labor. 

Now, therefore, you the said sheriff, constable, mar- 
shal or policeman, are commanded forthwith to convey 



480. FORlKk 

and deliver the said into the custody of the 

said superintendent and prineip&L keeper of the said 
alms-house or . And you, the said superintendent 

and piincipal keeper, are hereby commanded to receive 
the said into your custody, in the said alms- 

house or , for the tenn of 

at hard labor, and there safely keep until the 

expiration of the said 

Given under my hand, at the of aforesaid,, 

this day of 188 • 

[JSignature.] 

No. 239. 

i 892. Warrant to Commit a Vagrant. Plea of 

Guilty. 

^'^' isa- 

Couimr OF 3 

In the name of the people of the state of New York : 
To any sheiiff, constable, marshal or policeman of the 
county of , and to the superintendent and 

principal keeper of the alms-house or of the 

said county, greeting : 
"Whereas, on the day of 188 , was 

brought before me, a justice of the peace in and 

for the and county of , , charged 

on the oath of which oath was believed by me, 

the said justice, with, on this present day, at the 
of , 

and being a vagrant within the intent and meaning of 
'the statute. 

And, whereas, the said justice immediately and before 
any further proceedings were had infoinned the said 
of the charge against h and of h right to 
the aid of counsel in every stage of the proceedings, and 
the said chai'ge was then and there distinctly i*ead and 
stated to the said and he, the said was 

given a reasonable time to send for and advise with 
counsel ; and, whereas, he, the said did then 

and there plead guilty to the said charge, and in the 
presence of the said court, by said plea of guilty, did 
voluntarily admit and confess that he, the said 
was and is a vagrant within Ihe intent and meaning of 
the statute. 



FORMS. 481 

And whereupon the said justice did thereupon adjudge 
and determine that the saia was guilty of the 

aforesaid chai'ge, and the said was thereupon 

convicted of the offense aforesaid, to wit, of being a 
vagrant, in that the said was on this 

present day, at the of albresaid, was 

and is a va«p*ant within the intent and meaning of the 
statute ; and it was adjudged and determined by me 
that the said who is not a notorious offender, 

should be committed to the alms-house of said county of 
, or being a notorious offender and improper 
person to be sent to the alms-house, should be committed 
to and confined in the alms-house or of said 

county for the term of at hard labor. 

Now, therefoi*e, you the said sheriff, constable, marshal 
or policeman, are commanded forthwith to convey and 
deliver the said into the custody of the said 

superintendent and principal keeper of the said alms- 
house or And you, the said superintendent 
and prindpaL keeper, or are hei-eby com- 
manded to receive the said into youi* custody, 
in the said alms-house or for the term of 
at hard labor, and there safely keep until the 
expii*ation of the said 

GKven under my hand, at the of aforesaid, 

this day of 188 . 

[/Sigjuxture,] 



No. 240. 
$ 893. Information Affainst Child Begging, etc. 
county of , ss : 

being duly sworn, deposes and 
says : That he resides in ; that on the 

day of , 188 , one , a child of the ag« 

of years, was found begging for alms and soliciting 

charity from door to door in the said of , and 

was found begging for alms and soliciting charity in a 
street, highway and public place* in said , to wit : 

in that he 
Taken, subscribed and sworn to before me this 
day of f 188 

31 




482 FORMS. 

No. 241. 

i 893. Warrant against a Child Begs^ng, etc. 

CoDKP, ) . 

CODNTT OF , 3 • 

In the name of the people of the state of New York : 
To any peace officer of the county of 

Whereas, complaint has this day been made by 
of the of f in the county of f on 

oathy before a justice of tne said 

, that on the day of 188 at 

the of f in said coimty, one 

a child of the &ge of years, was found beg** 

gfing" for alms and soliciting charity from door to door, 
and was found begging for alms and soliciting charity in 
a street, highway and public place in said to 

wit : against the peace of the people of the state 

of New York and the form of the statute in such case 
provided ; 

We therefore conmiand you forthwith to take the body 

of the said and bring h before the said 

, at the , in the said of 

, with this warrant, and a return of your 

doings thereon indorsed, to be dealt with according to 

law. Hei*eof fail not at your peril. 

Witness the said at the of 

in the county i^oresaid, the day of 188 . 

[/Signature,] 



No. 242. 

$ 88S. Warrant to Ck>mmit a Child Found 
Begging. Plea, Not Guilty. 

In the name of the people of the state of New York : 

To any sheriff, constable, marshal or policeman in the 

county of , .and to the superintendent and 

pnncipal keeper of the almshouse of the said county, 

greeting : 

Whereas, on the day of , 188 , was 

brought before me, , a justice of the peace 



FORMS. 483 

in and for the and coanty of , , charged 

on the oath of , which oath was believed by me, 

the said justice, with being* a child of the age of 
years, who was, on the day of , 188 , found 

beggfing for alms and soliciting charity from door to 
door in said of and who was on the same 

day found begging for alms and soliciting charity in a 
street, highway and public place in said city, to wit : 

And, whereas, the said justice, immediately and before 
any further pi-oceedings were had, informed the said 
of the charge against him, and of his right to the 
aid of counsel in every stage of the proceedings, and the 
said charge was then and thei"e distinctly read and 
stated to the said , who then and there pleaded 

not guilty thereto, who was then and there tried upon 
the said charge by the said justice, who did thei-eupon 
hear testimony on oath in suppoi't of said charge, and in 
•defense thereof, and on behalf of said person. 

And, whereas, the said testimony was given and evi- 

<lence was had in the presence and hearing of the said 

, he , the said , having previously thereto 

l)een allowed a reasonable time to send for and advise 

i?nth counsel. 

And whereupon the said justice did thereupon adjudge 
and determine that the said was guilty of the 

foresaid charge, and the said was thereupon 

<5onvicted of the charge aforesaid, to wit, of being a 
«hild of the age of years, who was, on the day of 
,188 , found begging for alms and soliciting 
-charity from door to door in said of , and 

-who was, on the same day, found begging for alms and 
soliciting charity in a sti*eet, highway and public place 
in said city, to wit : 

And it was adjudged and determined by me that the 
-said should be committed to the almshouse of the 

said county of , to be kept employed and instructed 

in useful labor until discharged by the county super- 
intendent of the poor, or bound out as an apprentice by 
1dm as prescribed by special statutes. 

Now, therefore, you, the said sheriflf, constable, 
Toarshal or policeman, are conmianded forthwith to 
<;onvey and deliver the said into the custody of 

the said superintendent and principal keeper of the said 
xiJmshouse. And you, the said supei'intendent and pi*in- 



484 FORMS. 



cipal keeper, are hereby commanded to receive the said 
mto youi' custody, in the said almshouse, and 
keep h employed and instructed in useful labor until 
discharged by the county superintendent of the poor, or 
bound out as an apprentice by him, as prescribed by 
special statutes. 
Given under my hand at the of aforesaid^ 

this day of , 188 . ,«..-, 

[8iffn&ture.\ 



No. 243. 

i 893. Warrant to Commit a Child Fouud Bef;- 
ging. Plea, Guilty. 

Court, >gg. 

CJOUKTT OF 3 

In the name of the people of the state of New York : 

To any sheriff, constable, marshal or policeman in the 

county of > and to the superintendenl and 

principal keeper of the alms-house of the said 

county, greeting : 

Whereas, on the day of , 188 , was 

brought before me, a justice of the peace in 

and for the and county of , , charged 

on the oath of , which oath was believed by 

me,, the said justice, with being a child of the age of 

years, who was on the day of 188 , 

fbund begging* for alms, and soliciting charity from door 

to door in said of , and who was on the same 

day found begging for alms and soliciting charity in 

a street, highway and public place in said city, to wit : 

And, whereas, the said justice immediately and before 
any further proceedings were had, informed the said 

of the charge against h and of h 
right to the aid of counsel in eveiy stage of the proceed- 
ings, and the said charge was then and there distinctly 
read and stated to the said , and he, the 

said , was given a reasonable time to send 

for and advise with counsel ; And, whereas, he, the said 

did then and there plead guilty to the 
said charge, and in the presence of the said court. 

And whereupon the said justice did thereupon ad- 



FORMS. 48& 

judge and determine that the said 

was guilty of the aforesaid charge, and the said 

was thereupon convicted of the offense afore- 
said, to wit» of being a child of the age of years* 
who was» on the day of , 188 , found begging 
for alms and 8olicitins> charity from door to door in said 
of 9 and who was on the same day found 
l>egging for alms and soliciting charity in a street, high- 
way and public place in said city, to wit : 
And it was adjudged and determined by me that the said 

should be committed to the alms-house of 
said county of , to be kept employed and in- 

structed in useful labor until dischargea by the county 
superintendent of the poor, or bound out as an apprentice 
by him as prescribed by special statutes. 

Now, therefore, you the said sheriff, constable, marshal 
or policeman, are commanded forthwith to convey and 
deuver the said into the custody of the 

said superintendent and principal keeper of the said 
alms-house. And you, the said superintendent and 
principal keeper, are hereby commanded to receive the 
said into your custody, in the said alms- 

house, and keep h employed and instructed in useful 
labor until discharged by the coimty sux>erintendent of 
the poor, or bound out as an apprentice by him as pre- 
scribed by special statutes. 

Given under my hand, at the of aforesaid, 

this day of , 188 . 

[Siffnattire.] 



>s& 



No. 244. 

$ «9/d, Snbd. 1. Affidavit for Disorderly Person. 

Court, 
Couimr OF , 

, of in the said of 

l>eing duly sworn, says, that she is the wife of 
of said , that she complains of her said husband of 

being a disorderly person, according to section 899 of 
the Code of Criminal Procedure, for that he has actually 
abandoned his wife and children without adequate sup- 
port, and has left them in danger of becoming a burden 
Tipon the public, and he neglects to provide for them ac- 



{ 



486 FORMS. 

cordinff to his means. Deponent farther says that for 
several days last past he nas actually abandoned his 
fEunily without adequate support, and left them in danger 
of becoming a burden upon the public, and that such 
family is not possessed of property or of the means of 
obtaining a livelihood without the aid of such husband. 
Taken and sworn to this day ) 

of 9 188 9 before me» ) 

[Signature.] 

No. 246. 

} 399, SabcL 1. Warrant for Disorderly Person. 

COUKTY OP , $ 

In the name of the people of the state of New York. 
To any peace officer in the county of : 

Whereas, complaint, and on oath, has this day been 
dulv made by of the of , 

in tne county of , before me, a justice 

of the said of , that on the day of 

188 , at the of in said 

county, and for several days last past, one 
was and is a disorderly person, for that he has actnally 
abandoned his wife ana children mthout adequate sup- 
port, and has leffc his wife and children in danger of \^- 
coming a burden upon the public ; and has neglected to 
provide for his wife and children according to his means, i 
against the peace of the people of the state of New York 
and the form of the statute in such case provided. 

We, therefore, command you forthwith to apprehend 
and take the body of the said and biing him 

before the said , at the in the said of 

, for examination, with this waiTant and a return 
of your doings thei'eon indoi-sed, to answer the said com- 
plaint, and to be dealt with according to law. Hereof 
fail not at your peril. 

Witness, the said , at the of , in the 

county aforesaid, the day of , 188 . 

[/Signature .1 

By virtue of the within warrant, I have arrested the 
within named and now have him befoi*e the 

magistrate by whom this warrant was issued. 

Dated , 188 . 



FORMS. 487 

Mo. 246. 
i 002. Certillcate of Conyiction.— Disorderly Person. 

I certify that A. B., having been bi-ought before me 
charged with being a disoi*derly person, I have duly 
examined the charge, and that upon his own confession 
in my presence, [or "upon the testimony of C. D., etc., 
naming the witnesses], by which it appears that he is a 
[pursuing the description contained in the subdivision of 
section 899, which is appropriate te the case], I have 
adjudged that he is a disorderly person. 

Dated at the tovm [or city] of , the day of 

9 18 • 

Justice of the peace of the town 
of , [or as the case may be.] 



Mo. 247. 

a 941-049. Criminal Statistics. 

The following are the instructions and forms as issued 
by the secretary of state : 

By the fii*st section the duty is imposed upon the dis- 
trict attorney of the county in which any criminal court 
of record is held to furnish, within ten days after the 
adjournment of said coui't, to the clerk of such court, 
such a description of the offense committed by every 
person convicted of crime, abridged from the indictment 
as would be sufficient to maintain the averments relating 
to such offense, or necessaiy to be made in an indict- 
ment for a second offense. 

The object of the law is to furnish evidence which will 
be sufficient, on an indictment for a second offense, to 
prove the facts of a prior conviction. A general state- 
ment that the defendant was convicted of ** grand lar- 
ceny,** or of "laixieny** or of "arson in the second 
degree,** or any other similar and general description of 
the offense, will not prove the mcts necessai-y to be 
established on the trial of an indictment for a second or 
subsequent offense. Such an indictment must aver that 
the defendant, at a particular court, held at a particular 
time and place, befoi*e pereons to be named, was con- 
victed of a specific offense, which must be stated with as 



488 FORMS. 

much precision and certainty, as to time, place, maimer, 
person on whom committed, and all the legal ingredients 
to constitute crime, as in the first indictment. Ot course 
these averments must be sustained by proof; and the 
description furnished by the district attorney is the proof 
which the law intends should be adduced. This is done 
to promote public justice, to save trouble to the district 
attorneys, and to avoid the enormous expense of pi-ocur- 
ing exemplifications of records of conviction. By the act 

Srefixed, the legislature has more distinctly and dii^ectly 
eclared this object, and What the statement must con- 
tain to accomplish it. 

These general remarks, will, perhaps, be sufficient to 
guide district attorneys in preparing their statements. 
But as section 949 of the prefixed act requires the secre- 
tary of state to publish forms and instructions for its 
execution, I proceed to discharge the duty, so far as 
the nature of the subject will admit. To furnish forms 
for all cases of criminal convictions would be a work of 
unnecessary labor and of no practical utility. All that 
can be done is to give general directions applicable to 
the great mass of cases, and a few instances of foi*ms to 
exemplify the instructions. 

Generally speaking, it will be more convenient, and 
more likely to insure accm*acy, to i-ecite the charging 
part of the indictment, omitting only the anonymous 
words which it sometimes contains. Thus» m a case of 
perjury, where the indictment necessarily contains very 
si^cial averments, the statement of conviction may ble 
in the following form : 

John Jackson, having been indicted, for that, at a 
circuit court held at, etc., in and for the county of 
, on the , day of, 18 , a certain issue 

joined in the supreme court between Thomas Stiles, 
plaintiff, and John Doe, defendant, in a plea of trespass 
on the case, came on to be tried before the said circuit 
court, and a jury of the county then and there duly 
impanelled and sworn ; and that the said John Jackson 
was then and there produced as a witness by and on 
behalf of the said John Doe, and was then and there 
duly sworn according to law, etc. [reciting the substan- 
tial pai-tof the indictment] ; and having l>een duly tried 
by a jury, and found guilty of the offense of which he 
'Was so indicted, he is thereupon by the court here sen- 



FORHS. 489 

ienced to impriflonmeiit in the State prison at Auburn 
for three years. 

A similar form will be necessary in stating convictiona 
for diuHing^ ehaJiengea to fight, ufUavifvl marriageSf 
ineegtf briberyf and many other offenses, particularly 
fnisdemeanore of all kinds, in which special averments 
are necessary to describe the offense. 

There are some cases in which an abbreviated form 
may be adopted, of which the following are examples: 

Murder, John Jackson, having been duly tiied by a 
jury and found gruilty of murder, for which he had been 
Hidicted, in feloniously killing Thomas Styles, on the 
day of , at the town of , 

in the county of , by feLiniously shooting 

the said Styles with a pistol loaded with gunpowder and 
baJl, he is sentenced, etc. 

Arson in the fi/rtt degree, James Jackson, having been 
duly tried by a jury, and found guilty of ai-soii in the 
£rst degree, for whjch he had been indicted, in willfully 
and feloniously burning in the night-time, on the 
clay of , at the town of , in the 

county of , the dwelling-house of John Styles, 

in which there was at the time a human being, to wit, 
l^ancy Stiles, he is sentenced to be imprisoned, etc. 

Arson in the second degree, John Jackson, having 
'been duly tried by a jury, and found guilty ra 
Arson in the second degree, for which he had Imen in- 
dicted, in willfully burning the inhabited dwelling-house 
of Thomas Stiles, on the ' day of , , at 

the town, etc., in which dwelling-house there was at 
the time a hmnan being, to wit, William Jones, he is 
sentenced, etc. 

Manslaughter, James Williams, having been duly 
tried by a jury, and found guilty of mansUingter in the 
first degree [or whatever degi-ee was found by the jury], 
for which he had been indicted, in killing John Doe, on 
the day of , at the town of , 

in the county of , by stabbing him with a 

jLnife, while he, the said James Williams, was engaged 
in the perpetration of a burglary ui>on the house of the 
said John Doe, he is sentenced to imprisonment in the 
state prison at Sing Sing for and during his natural life. 

The various degi-ees of manslaughter depend so much 
4»n the circumstances of each case, that as a general rule. 



490 FORMa 

the form of reciting the charginj^ part of the indictment 
as given before in the case oi peHury, had better be 
adopted, as there will be much less liability to mistake. 

Ilape. James Jackson, having been duly tiied by a 
jury, and found guilty of rape, for which he had been 
mdicted, in carnally and unlawfully knowing Julia Jones, 
a female child under the age of ten yeai's, on the 
day of t &^ ^^^ town of , in the 

county of , he is sentenced to imprisonment 

in the state pinsoa at Auburn for ten yeara. 

Or, in foi'cibly ravishing Eliza Stevens, on the 
day of , at the town, etc., he is sentenced, etc 

Assaidt with intent to kiU. James Thomas, having 
been duly tried by a jury, and found guilty of shooting 
a pistol loaded with gunpowder and ball at William 
Townsend, on the, etc., at the town, etc., with intent to 
kill the said Townsend, for which he had been indicted, 
he is sentenced, etc. 

Larceny, John Jackson, having been 4uly tned by a 
jury, and found guilty of having, on the, etc., at the 
town, etc., feloniously taken and earned away one gold 
watch of the value of , the pereonal pi'operty of 

William Jones, for which offense he has been mdicted, he 
is sentenced to impiisonment, etc. 

Pocket picking. John Jackson, having^ been duly tried 
by a jury, and found guilty of having, on the, etc., at the 
town, etc., feloniously stolen, , fi*om the pei-son of 

William Jones, one gold watch of the value of twenty-six 
doUara, for which offense he had been indicted, he is 
sentenced, etc. 

Receiving Mien goods, John Jackson, having beeu 
duly tned by a jury, and found guilty of having, on the, 
eta., in the town, etc., received of ana from one Thomas 
Wilson, one silver watch of the value of twenty dollars, 
the peraonal property of William Jones, which had beeu 
theretofore feloniously stolen by the said Thomas Wilson 
from the said William Jones, for which offense he had 
been indicted, he is sentenced, etc. 

Assault aiid battery, John Jackson, having been in- 
dicted for unlawfully assaulting, striking and beating 
Thomas Jones, on the, etc., at the town of, etc., and hav- 
ing been duly tried by a jury on the said indictment, and 
found guilty, he is sentenced to six months' imprison- 
ment in the county jail. 



FORMS. 491 

When the conviction is founded on a plea of confession, 
the commencement of the form should vary from those 
before g^ven, and should be thus : 

John Jackson, having been indicted fop larceny, in hav- 
ing, on the , , at the town of, etc., feloniously 
stolen, taken and carried away one gold watch of the 
value of twenty-six dollars, the personal property of 
William Jones, and on being arraigned upon the said in- 
dictment having confessed the said offense, and pleaded 
guilty to said indictment, he is sentenced, etc. 

Where there are several counts in an indictment, in-» 
tended to describe the same offense, the statement of the 
cj ime need not be repeated accoi*ding to the formal varia- 
tions in the diiSerent counts, but should be stated once 
only, according to the count which was proved on the 
trial. 

The foregoing instructions are addressed more particu- 
larly to diHHct attorneys, although they will be useful to- 
clerks of criminal courts, to enable them to prepare 
entries of judgments when that duty is neglected by the 
district attorney. 

The following appear to be the only instructions neces- 
sary to be given to clerks of criininal courts : 

They are instructed to report promptly every case of 
neglect, by a district attorney, to furnish them with the 
statements required by the statute to be prepared hy 
him. 

But the judgment must be entered in the minutes at 
the time of the sentence or before the court adjourns, and 
the transcript must be sent within twenty days after the 
adjournment 5 and if the district attorney has omitted to- 
prepare the statements of the offenses upon which con- 
victions have been had, the clerk mtist do it for his ovyru 
protection, and submit them to the court before entering 
them in the minutes. 

A transcript may and shoiild contain all the convic- 
tions had at the same term or session of the court. The 
following will be the fo m of the caption : 

Transcript of the entries in the minutes of the court of 
general sessions of the peace, held at the court house in 
the town of , in and for the county of , on 

the day of , one thousand eight hundred and 

, by and before , esquires, justices of the 

sessions of the county, of all convictions for criminal 



492 FORMS. 

ofieofles had at the said conrt, and of the sentences 
thereon. 

It is imxK>rtant that the title of the conn and the names 
of the judges should be gfiven in full. 

The minutes of the judgement or conviction and of the 
sentence are then to be copied, separately. 

The ministes of the trial are wxt required by law, arid 
are of no twc, atid the practice of some clerks of copying 
out those minutes containing the names of jurors and vjit- 
nesses is altogether irregular and improper. 

After entering all the convictions and sentences the 
following certificate should be added : 

I, , clerk of the county of , do hereby cer- 

tify that the foregoing is a true and correct transcnpt of 
all the convictions for criminal offenses had at the court 
of , held in and for the said county on the , 

as entered in the minutes of said court kept by me, as the 
derk thereof, and of the sentences thereon. 

In witness whereof, I have hereunto subsciibed 
my name, and afiixed the seal of my office, 
the day of , 18 . 

In the city and county of New York, the clerk of the 
criminal citurts will of course describe his official character 
according to the fact, and the clerks of all other criminal 
courts of record will also use their peculiar official titles 
in this certificate. 

Under section 942 of the act, herewith transmitted, it 
is required of the clerk of the court to transmit within 
twenty days, to the office of the secretary of state, the 
statements which shall be furnished by the district at- 
torney. They should be made under this caption : 

Statement of the number of indictments tried at the 
court of , held at the court-house in the , in 

and for the county of , on the day of , 

in the year one thousand eight hundred and by and 

before , esquire, justice of supreme court - 

of the judicial cii-cuit or county judge, and 

and , jus- 

tices of the sessions of the said county, and also the num- 
ber of indictments pending in the said court against per- 
sons who were discharged during the session of the said 
court without trial. 

The whole number of indictments tried at the said 
court was 



FORIIS. 49S 

Of wbicli was for murder^ in which the defend- 

ant was 

Three for grand larceny, in two of which the defend- 
ants were , and in one he was 

F\ve for petit larceny, in which all the defendanta 
were 

Chie for obtaining money under false pretenses, in 
which the defendant was 

One for misdemeanor, in keeping a disorderly house,, 
in which the defendant was 

One for assault and battery in which the defendant 
was • 

That the whole number in which convictions were had 
was , and the whole number in which the defendant 

was acquitted was 

That the whole number of indictments on which per- 
sons were discharged without tiial duiing tHe session of 
the said court was 

Of which was for assault and battery. « 

And were for lai*ceny. 

[Or, and that no peinaon was discharged at the said 
court without trial. 1 

I, , clerk of the county of , and clerk of the 

court of oyer and terminer, held in and for the county 
of , on the day of » 18 , do hereby cer- 

tify that the foregoing is a true and correct statement of 
the number of indictments tned at the said court, and 
of the number of indictments against pei*sons who were 
discharged at the said court without tnal. 

In witness whereof, I have hereunto subscribed 
my name, and affixed the seal of my otfice, 
this day of , 18 . 

This form will of coui-se be varied according to the 
style and name of the court, whether of general sessions 
or the peace, oyer and terminer, mayor's court, recoi»der's 
court or otherwise, and according to the official title of 
the clerk. 

In case of convictions on plea of guilty the following- 
form may be used : 

There were also two persons convicted at the said 
coui't upon their own confession and plea of guilty, one 
of whom was indicted for , and the other for 

By section 944 of the act, herewith transmitted, county 
clerks are required to transmit to the secretaiy of state 




494 FORMS. 

<»pie8 of all certificates of conTictions by any court iOff 
apecial session filed with them. 

The following will be the foi*m of such retniTis : 
A return of copies of all certificates of convictions made 

by courts of special sessions in the county of , filed 

with the county clerk of the said county, since the 

transmission by him of any transcripts of criminal 

convictiona 

The certificates are then to be- copied vef^Hxtimy to 
which the following certificate should be added : 

I, , county clerk of the county of , do 

hereby certify that the pi'eceding are time and correct 
copies of all certificates of convictions made by any court 
of s()ecial sessions, and filed in my office within the period 
above specified. 

(£vei\ under my hand and seal of office, this 
da-y of , 18 . 

The reports of county clerks must be written in a plain 
hand, s« that no mistakes may occur in the filing and re- 
cording thereof in the State Department, Any material 
infonxmlity in said reports will compel the S€Jcretary to 
send them back at the expense of the county clerks for 
amendment, and the penalty will be enforced as if they 
never had been transmitted. Hereafter the criminal 
statistical year will end on the 80th October, so as to give 
the necessary time to make up the annual report to the 
le^lature. 

The transcripts of convictions and the copies of certifi- 
cates must be on separate sheets of paper, and should be 
inclosed in a strong envelope or wi^apper, directed to the 
secretary of state, and sent by mail or by express. 

It will be perceived by the provisions contained in the 
law that within twenty days after the adjournment of any 
criminal court of recoixi, the sheiifF in the county in 
which such court shall have been held, is requii-ed to 
transmit to the office of the secretaiy of state, certain 
statistics in relation to persons convicted of criminal 
offenses. 

In section 945 it is provided that the sheriffs of the re- 
spective counties in which incoi*ported cities are situated 
shall also transmit a statement of the number of persons 
convicted in city courts, courts of special sessions and 
police courts in those cities, together with such specifica- 
tions in each case as required by said section. Such 



FORMS. 495 

Tf^t&OB must be regolariy tranamitted to the office of the 
secretary of state, on the first day of every month, in 
order that they may be fully entered in the ailnual re- 
port i*equired from this office. 

Section 949 of the law, herewith transmitted, imposes 
the duty upon the secretary of state to issue' such forms 
of instmction as he may deem proper and requisite for 
the execution of the duties therein prescribed. Accord- 
ingly, the following instructions to sheriffs are given : 

First, To all sheriffs transmitting reports which relate 
only to persons convicted in coui*ts of record, the follow- 
ing will be the form of caption. 

Report of the sheriff of the county of , to the 

secretary of state of the state of New York, resjjecting 
the pei-sons convicted of offenses at the court of general 
sessions of the peace (or at any other court of record), 
held in and for the said county, on the day of , 

, made pm'suant to the fourth section of section 945, 
of the Code of Ci*iminal Procedure. 

The following will be the subjects of the report : 

First. You will state the naine of the convict, and if he 
or she has two more names, you will state them. 

Second. The crime of which Ae or she was convicted, 
at the court held in your county, such as larceny, rob- 
bery, etc,, in general terms. 

Thiixi. His or her occupation, whether a mariner, 
tradesman, blacksmith, meix^hanl^ lawyer, tailoi*ess, and 
the like. 

Fourth. Age at the time of conviction, and sex. 

Fifth. Is he or she married or single. 

Sixth. His or her native country. 

Seventh. The degi*ee of instmction he or she has 
received ; whether he or she can read and write, or can 
read only, or whether he or she be ignorant and entirely 
uneducated. What ojiportunities has he or she had of 
religious instruction. 

Eighth. Whether his or her parents, or either of them, 
are living, and which of them. 

Ninth. Whether he or she has formerly been impris- 
oned for any offense ; if any, state it. 

Tenth. His or her habits in i^espect to the immoderate 
use of ardent spiiits. 

Eleventh. Any other fact or circumstance in his or her 



496 FOHUa. 

condition, halnts or circamstances that yoa may deem 
useful to communicate. 

This retuim must be made within ttDenty days after 
the adjoai*nment of every ciiminal coui*t of recoi*d held 
in the county, and according to the annexed tabular form 
marked A, and in no other foni^ and it shoulil be signed 
by the shenff in his ofiicial character, and dated at the 
time of signature. 

The opportunities which the jailera and turnkeys have 
of convei'sing with the prisoners will always enatile them 
to a(;quii*e the knowledge necessary to make out the 
statements ; and the sheriff should instruct them accord- 
ingly, to enable them to do so. Surplus copies of this 
circulai* will be transmitted, which should be kept in the 
Jails, for the information of their keepera. Constables 
who bring piisoners to the jail will often be able to com- 
municate information upon many of the subjects; The 
friends and relatives, also, of the convict should have na 
objection to do the same $ and during the trial of the 
cause, the witnesses wiU be able to inform the shenfis. 
genei*ally on all the desired pai^ticulars. 

With all these means of information, the results wilU 
doubtiess, sometimes be imperfect. Still they are ample^ 
and if faithfully improved, the returns will be almost 
miiversally full and accurate. 

Second. To the sheriffs named in section 945 of the act 
hereto prefioced. 

This duty relates to convictions in city courts, courts 
of special sessions and police com*ts, held in the various 
cities of the State. The reports, which should be trans- 
mitted to this office on the fii*st day of every month, will 
be in tabulai* form, like the annexed, marked B. The 
form must>be printed on ruled paper, the raling directly 
opposite the printed matter on the left margin of the 
repoi*t, in order that a systematic report may be had. 
from all the sherifEis alike. 



FORMS. 



497 



g 

o 

O 



O 






O 

o 

OQ 

O 

B 



O 
O 

3 

O 

Ah 



O 

§ 

O 



if 



S>^ 





Married. 
Single. 


1 


^ s 


^ 

£ 


Male. 
Female. 


1 


Laborer. 
Tailoress. 


e 

1 
1 

o 

t 

o 

1 
§ 


Passing counterfeit bank 
bills. 

Arson. 


Name of convict 


James Edwards alias 
Tliomas Smith. 

Eliza Jones. 



o 



o 

S 



o 

I 



9 

iS 

o 

u 

o 

a 

o 






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fOO FORMS. 

No. 248. 

(945. Criminia Statistics* 

Court op , ) 
cjounty of . 3 

Thb Pboplb y 

vs, > day of 188 



Qnefitioii — What is your name and occupation! 

Answei* — 

Question — What is your age ? 

Answer — 

Question — WTiei-e were you bom ? 

Answer — 

Question — Are you married or single ? 

Answer — 

Question — What religious instruction have you received 
and in what religious denomination have yon received it t 

Answer — 

Question — WTiat education have you received I 

Answer — 

Question — Are your parents living or dead ? 

Answer — 

Question — Are you temperate or intemperate ? 

Answer — 

Question — Have you been before convicted, or not, ot 
any crime ; if you have, of what crime and where con-^ 
victed? 

Answer — 



INDEX TO FORMS. 



KO. OF FOBIC 

AFFBAY— <5!m Intobmations.) 

ALBANY SPECIAL SESSIONS. 

order for bench warrant in 7 

bench warrantin 8 

ANIMALS— (Am Ikfobmations.) 

APPEAL. 

notloeof, by defendant 148 

id., bv people 149 

certmcate for stay on 15G 

notice of argament of. 151 

AB6UMEXT. 

notice of, on appeal , 151 

ABSON— {'Sea Informations.) 

ARTICLES OF IMPEACHMENT— (5ee Impbachmeht.) 

ASSAULTS— (;8!00 Informations.) 

ATTACHMENT— (iSea Witness,) 



BAIL. 

on arrest in another county 87 

by police captain or sergeant 152 

notice to district-attorney, order 153 

certiiicate granting application for 154 

undertaking of, before indictment 155 

notice of application for, in cities 156 

affidavit orjustiflcation of sureties 167 

order allowing or disallowing 158 

order for discharge on 159 

after indictment, undertaking 160 

certificate of deposit instead of 161 

Borrender by, certificate of 162 

deputation by, to arrest principal 163 

after re-arrest 164 

to special sessions 186 




502 INDEX TO FORMS. 

XO. OF FOSIC. 

BASTABDT. 

applioatlon by oTorseer. 20S 

aMdayit of pregnancy 204 

warrant affalnst father before birth 805- 

affidavit oT mother after birth 206 

warrant against fiither after birth • 207 

indorsement for arrest in anolher county 20)$ 

id., by iustice in another county 200 

bond of fother on arrest in another county $ 810* 

bond on adjournment.. ••••• 211 

order of filiation 212 

bond after order of filiation.... 2ia 

id., on appeal ft*om order. 214 

commitment of father 215 

order of filiation in absence of fiither 216 

commitment of mother refusing to give fiither's name. . ..217 

process to compel attendance of mother 218 

snmmons where mother has property 819^ 

order compelling mother to support child 220 

commitment of mother for negiect to give bond 221 

order reducing sum to be paidby father 222 

notice of overseer of application for increase., 22a 

id., to overseer to reduce 224 

warrant to seize property of absconding parent 225 

notioeof appeal nom order of filiation 226 

BAWDY HOUSE— (iSlee Disobi>eblt House.) 

BEGQABS-H'See Yagrajits.) 

BENCH WAEEANT. 

Albany special sessions.. ••••• 7,8 

after indictment ; 117 

endorsement or ofTense bailable 110 

after conviction 126 

BIGAMY— (5e0 Iztpobmations.) 

BOOKS AND PAPERS. 

subpoena to produce 160 

BBEACH OP PEACE. 

information for ^ 

id., for acts tending to 46 

BUSJGtLA&Y—iSee Informations.) 



O. 

CERTIFICATE 

of names of reslsters of process 16 

denying applicati on for bail 134 

of execution of death sentence 147 

for stay on appeal 150 

grantihg application for bail 164 

of deposit instead of bail 161 

of surrender in exoneration of bail 16a 

CEBTIFICATB OF SEASONABLE DOUBT— (.Ste STAT.) 



INDEX TO FORMS. 508 

No. OP Form. 

CHILD. 

kUllng nnbom child 55 

(See Vaqsants, Prostitution.) 

crriBs. 

bailbypoUce officers in 153 

notice of application for bail in 156 

COMMON PROSTITUTE— <5« YagraHT.) 

COlfPLAIKT— (5e6 Ikformations.) 

COMPOUNOma crimes— (^S^ Coxpromise.) 

COMPROMISE OF CRIMES. 

acknowledgment of satiaftctioh 173 

order for compromise 173 

CORONER. 

accuu n ting to sapervisoiB. 196 

CORONER'S INQUEST. 

oatli to foreman of Jary 187 

id , to Jurors generally 188 

id , to witness 189 

subpcena by coroner 190 

attachment of witness 191 

inqaisition 192 

depositions 193 

-warrant of arrest by coroner 194 

statement of coroner to sapervisors 195 

CORPORATIONS. 

snm mons aga inst 174 

holding, to answer 175 

COUNTY TREASURER— (5ec Deposit.) 

CRIMINAL STATISTICS. 

instructions and foi-ms issued by secretary of state. .247, 248 

CRUELTY TO ANIMALS— (5ee Informations.) 

D. 

DANGEROUS WEAPONS— (/See Informatioks.) 

DEATH WARRANT 129 

DKATH SENTENCE. 

warrant; for 129 

order to bring convict before court 145 

invitation to officers to attend 146 

eertillcate of execution of. 147 

(iSee INQUIBT into Sanitt and Pregnancy.) 

DEPOSIT INSTEAD OF BAIL. 

' certificate of 161 

DISORDERLY CHILD— (S'ee Informations.) 
DISORDERLY HOUSE— (<6Cm Informations.) 



(KM INDEX TO FORMS. 



m 



KO. OF FOBK. 
DISORDERLY PERSONS. 

information agaiust 244 

warrant lor ai'reat of. 245 

certificate of conviction 246 

DISTRICT-ATTORNEY. 

notice to, on application for removal 122 

notice to, on inquiry as to sanity, etc 131 

id., Babpoena by, in sucli case 135 

notice to, on inquiry as to pregnancy, etc 138 

id., subpoena by, in sncii case 139 

subpoena for grand Jury lOS 



EMBEZZLEMENTM'Ste III FORMATIONS.) 

EXCEPTIONS. 

settlement of, order 127 

EXECUTION— (^ee Death Senteitcb.) 

EXONERATION-H^te Bail.) 

P. 

FALSE PRETENCES— (iSea Ikfobkatioks.) 
FORGERY— (<8e« Informations.) 

G. 

GRAND JURY. 

subpoena for 168 



HOUSE OF REFUGE. 

commitment of disorderly child to 188, 184 

L 
IMPEACHMENT. 

articles of. 1 

summons to court of. 2 

oath to members of court 8 

writ and process of court. 4 

INDICTMENT. 

indorsement of ** true bill " 117 

order removing 5, 121, 123 

general form of 118 

INFORMATIONS. 

abandoning maimed animal 48 

acts tending to breach of peace 43 

affray J9 



INDEX TO FORMS. 505 

No. OP FOBM. 

XSrOlEaiULTIOlXS^Ctmtinued. 

agftinst person in another county- fbr felony, arrested 

without warrant. 89 

animals, conflning,milch cow 28 

cruelty to, generally 29 

keeping J>lAce for fighting 30 

overdrmng, beating, etc 31 

fighting 82,68 

id., permitting use of place for 35 

abandoning maimed 48 

aiding in fighting 49 

allowmg disabled, in highway 50 

transporting, in cmel manner 61 

apparatus, gambling, seisure of. 63 

Arson 20,21 

assault and battery 22 

with intent to kill 23 

id. , with fli-earms 24 

with intent to ravish 26 

id., children under ten. 26 

on an officer 27 

with sharp, dangerous weapon 40 

bigamy 41 

breach of peace 42 

acts tending to 43 

^burglary 44, 45 

carrying animals in cruel manner 61 

•child, disorderly 83 

allowing, to beg 46 

killing unborn 65 

assault to ravish 26 

«ity ordinances, violation of 4 47 

cock flghting~(5ee Animals.) 

disorderly child 83 

house 84 

dosriighting~('8te Animals.) 

driving, reckless 73 

«mbezzl omen t 86 

flalse pretenses 87 

felony or misdemeanor 38 

lighting animals 82,68 

aiding in 49 

forgeiy 89 

j^ambling house, keeping 62 

apparatus, seizure of. 68 

highway, allowing disabled animal on 60 

lionse, disorderly 84 

id., female under sixteen, in 70 

gambling, keeping 62 

interfering with officer 54 

intoxication, public '. 71 

keeping disorderly house 84 

gambling house fi2 

killing unborn child 56 

larceny 44,66 

from person 67 



006 INDEX TO FORMS. 

KO. OF FOBIC* 
SarORMATIONS— ConMiMittl. 

Ubel 58 

malicioiiB mischief. 59 

trespass » 60 

manslaughter..* 61 

mayhem • 62 

mischief, malicious 59 

misdemeanor ^ 63 

mortgaged property, selling, etc 80 

morder 64, 66, 66 

oiBcer, assault on 27 

interfering with 54 

leftising to aid 74 

ordinances, violaiion of. 47 

peace— (Ste Breach of Peace.) 

peij ury 67 

pretenses, false S7 

prisoner, rescuing 75 

prize fighting 68 

animals 69 

prostitution, girl under sixteen.. 70 

publio intoxication 71 

railroad, cruelty to animals on 51 

receiving stolengoods 72 

reckless driving 73 

ret\ising to aid officer 74 

rescuing prisoner 76 

robbery 76 

search warrant 196, 197 

seduction 77 

selling hired property 78 

materials, etc 79 

mortgaged property 80 

trespas;), malicious », 60 

transporting animals omelly 51 

INQUESTS— (iS(M COSOITBB, Inquibt.) 

INQUIRY INTO PREGNANCY. 

notice by sheriff to district-attorney 188 

subpoena of district-attorney 189 

oath to Jurors 140 

id., to ciialleiiged Juror 141 

id., to witness on such challenge 142 

id., to witness on inquest 143 

inquisition of Jurors 144 

INQUIRY INTO SANITY. 

concurrence of Judge in calling Jury 189 

notice to district-attorney 181 

oath to Jurors 132 

id., where challenge is interposed 183 

id., to witness on challenge 184 

subpOBua I'y district-attorney 185 

oath to witness on inquest 183 

inquisition of Jurors ', * 187 



INDEX TO FORMS. 507 

No. OF FOBM. 

INQUISITIONS. 

as to sanity of eonyiet 137 

as to pregnancy of female convict 144 

of coroner's Jtury 198 

INSANITY— (5« Inquiry Into.) 

INTOXICATION— ('Ste INFOSMAXIONS.) 

J. 

JUDGMENT. 

of court of special seraions ••••• 179 

JUSTIFICATION— (iSe« Bail.) 



LARCENY— (£See Informations.) 

UBEL. 

indictment for IS 

information for libel •• •.... 68 

M. 

MALICIOUS MISCHIEF— (5e0 Infobmatioks.) 

MALICIOUS TRESPASS— (iSte INFORMATIONS.) 

MAYHEM— <iS!ee Informations.) 

MILITARY. 

requisition for 15,17 

N. 

NOTICE. 

to district-attorney on inqniry as to sanity 131 

id., on inquiry as to pregnancy. 

of appeal oy defendant and people. 148, 149 

O. 

OATH. 

to members of court of impeachmentB 8 

of foreman of grand jury 114 

of grand Jurors generally 116, 118 

to officers in charge of Jury 126 

to Jurors on inquiry as to pregnancy of prisoner 140 

id., where Juror is chaUengecI. 141 

id., to witness on such challenge 148 

id., to witness -on inquest 143 

to Jurors on inquiry as to sanity 13*2 

id., to challenged Jurors 133 

id., to witness on such challenge 134 

id., to witness on inquest 138 

to Jurors in snecial sessions 177 

id., to officers in charge of Jury, 178 

to foreman of coroner's Jury 187 

id., to the other Jurors 188 



608 INDEX TO FORMS. 

No. OP FOBM. 

OFFICEB. 

information for assanlt on 27 

id., for interfering with 54 

id., for reAuing to aid 74 

P. 

PERJUBY. 

information for..... 67 

PLEAS. 

guilty, not goilty, and former conyiction or acquittal. . . . 120 

PREGNANCY— (/STec Ixquibt Into.) 

PROSTITUTE— <£See Dibordbrlt House.) 

R. 

RAPE. 

information for 25, 26 

RECEIVING STOLEN GOODS. 

information for 72 

RECORD OF CONVICTION. 

in special sessions, plea of goilty 180 

id., plea of not guilty 181 

REFUSING TO AID OFFICER. 

informutiou 74 

REMOVAL. 

of indictment, application, stay, eto 121-8 

REQUISITIONS BY GOVERNOR. 

regulations in reference to 202 

RESCUING PRISONER. 

i n formation for 75 

RIOT. 

requisition for aid by sherifT, etc r 16, 17 

ROBBERY. 

inform atio n for 76 

S. 

SANITY— ('S^C* INQUIRY Iinx>.) 

SEARCH WARRANT. 

id. , information for, generally 196, 197, 198 

receipt for properly taken on. 199 

return of, and inventory 200 

inventory and affidavits . . 200 

SECURITY TO KEEP THE PEACE. 

complaint and examination 9 

warrant of arrest 10 

warrant on threat to injure property 11 

examination 12 

undertaking to keep peace IS 

warrant of commitment 14 



r 



INDEX TO FORMS. 509 

KO. OF FOBM. 
SESSIONS. 

order for tenns of court ft 

SH£RIFF. 

requisition for military aid 15 

certificate of persons resisting 1& 

requisition for aid in case of riot 17 

{See IKQUIBT nrro Sanity. Inquult into Pbbgnanct.^ 

SPECIAL SESSIONS. 

order for jury in 17» 

oath to jurors 177 

id., to officers in charge of 178 

judgment of. 170 

record of conviction; pieaof guilty 180 

id., plea of not gnilty 181 

certificate of conyiction 18^ 

comm itment to 1^ 

bail to 18& 

STATEMENT. 

and questions put to defendant 94 

authentication 86 

STATISTICS— {5ce Criminai. Statistics.) 

STAY. 

of trial pending application for removal 121-123 

certificate for, on appeal 160 

SXTBPCENA. 

On inquiry into sanity and pregnancy 185, 180 

by justice 165 

by district-attorney for grand jury 16& 

certificate of service of. 167 

general form of. 16a 
nccs tecum 169 

return of service of. 170 

attachment £ot disobedience to 171 

SUMMONS. 

against corporation 174 

SUBR£NDE&-<<^6e Bail.) 

V. 

VAGRANTS. 

complaint against 22T 

warrant for an*est of 223 

information against truant child 229 

id., summons to parent to attend 230 

id., undertaking of parent, master, etc 231 

id. , engagement of parent, master, etc 232 

warrant for arrest of truant child ; 2S'S 

id., to commit child, plea not guilty 234 

id., plea of guilty 235 

id., child having no parent, etc 236 

certificate of conviction of 237 

warrant to commit, plea of not guilty 238 

id., plea of guilty 23» 



£10 INDEX TO FORMH. 

KO. OF FOBM. 
VAGRANTS— CimMiMMKi. 

Information against cliild begging. . ^ 240 

id., warrant of arrest 241 

id., warrant to commit, plea not guilty 24S 

id., plea of guilty 243 

VENIRE. 

order for Jury in special sessions •••••••• 176 

VERDICT. 

of acquittal on ground of insanity .•••••••• 126 

W. 

WARRANT. 

to prevent flgliting animals 09 

iceneral 81 

for seizure of gaming apparatus 82 

for arrest of disorderly child 83 

for misdemeanor 84 

for death sentence 129 

of attachment against witness 171 

to oommlt vagrant child 188, 184 

(See Bench Wabbant, Sbabch Wabbamt.) 

WITNESS. 

undertaking to appear without sureties. 110 

id., with sureties Ill 

order requiring security for 112 

commitment of, for neglect to give security 118 

attachment against 171 

id., by coroner , 191 

{See SUBP<BNA, COBONBB.) 



I 



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