The limitation of a prosecution for falsely representing or personating any person, and in such assumed character marrying another, is, by the existing statutes, the same as prescribed in this section. 2 R. S., 3d ed., 763, sec. 49. also, in the case of abduction. Laws of 1848, p. 118, ch. 105. Seduction has been included, as being within the principle of the other cases. See Laws of 1848, p. 148,

ch. 111.

§ 142. In all other cases, an indictment for a public offence must be found withing three years after its commission.

Same as 2 R. S.. 3d ed., 812, sec. 37.

§ 143. If, when the offence is committed, the defendant be out of the state, the indictment may be found within the term herein limited after his coming 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.

Substantially the same as 2 R. S., 3d ed., 812, sec. 37.

§ 144 An indictment is found, within the meaning of the last three sections, when it is duly presented by the grand jury in open court, and there received and filed.

Intended to render the rule as to the period of computation, definite and certain.

TITLE III.

OF THE INFORMATION, AND PROCEEDINGS THEREON TO THE COMMITMENT INCLUSIVE.

III. Arrest by an officer, under a warrant.
IV. Arrest by an officer, without a warrant.
V. Arrest by a private person.

VI. Re-taking, after an escape or rescue.

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

CHAPTER I.

THE INFORMATION.

SECTION 145. Information, defined.

146. Magistrate, defined.

147. Who are magistrates.

§ 145. The information is the allegation made to a magistrate, that a person has been guilty of some designated public offence.

§ 146. A magistrate is an officer, having power to issue a warrant for the arrest of a person charged with a public offence.

The definition of the term "magistrate," as used throughout the code, is here given, to save the unnecessary repetition of the official names of the officers who come within this description.

§ 147. The following persons are magistrates:

1. The judges of the supreme court:

2. The county judges, and special county judges:

3. The judges of the superior court of the city of New-York:

4. The judges of the court of common pleas of the city of New-York:

5. City judges:

6. Justices of the peace:

7. Police and other special justices, appointed or elected in a city, village, or town:

8. The mayors and recorders of cities.

The same as 2 R. S., 3d ed., 792, sec. 1; except in the omission of aldermen, who, in the opinion of the Commissioners, need not possess the powers of magistrates, and the addition of the city judges.

CHAPTER II.

THE WARRANT OF ARREST.

SECTION 148. Examination of the prosecutor and his witnesses, upon the information.

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

of the offence.

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

154. Who are peace officers.

155, 156. To what peace officers warrant to be directed, and when and how to be executed in another county.

157. Endorsement on the warrant, for service in another county, how and upon what proof to be made.

158. Defendant to be taken before the magistrate issuing the warrant, or another magistrate in the same county.

159. Defendant, arrested for a misdemeanor in another county, to be
taken before a magistrate therein, and admitted to bail.

160. Proceedings on taking bail from the defendant, in such case.
161. Proceedings, where he is admitted to bail in such case, but bail is

not given.

162. Before what magistrate in the same county, defendant is to be taken,
when the magistrate issuing the warrant is unable to act.
163. Defendant, in all cases to be taken before a magistrate, without
delay.

164. If defendant taken before another magistrate than the one who is-
sued the warrant, depositions to be sent to the magistrate, or wit-
nesses to be examined anew.

$148. When an information is laid before a magistrate, of the commission of a public offence, he must examine on oath the informant or prosecutor, and any witnesses he may produce, and take their depositions in writing, and cause them to be subscribed by the parties making them.

Substantially the same as 2 R. S., 3d ed. 793, sec. 2.

§ 149. The depositions must set forth the facts stated by the prosecutor and his witnesses, tending to establish the commission of the offence and the guilt of the defendant.

This section is intended to obviate the loose practice in use in the taking of depositions, by which, instead of stating the particular facts, conclusions of law are stated. It is very common, for example, to state in cases of larceny, nothing more, than that the property was feloniously stolen, taken and carried away, and that the complainant suspects that it was so stolen, &c., by the person charged. To sustain an indictment for perjury on the affidavit, if false, the particular matters of fact should be stated; leaving the conclusion of law to the magistrate.

§ 150. If the magistrate be satisfied therefrom, that the offence complained of has been committed, and that there is reasonable ground to believe that the defendant has committed it, he must issue a warrant of arrest.

Substantially the same as 2 R. S., 3d ed. 793, sec. 3.

§ 151. A warrant of arrest is an order in writing in the name of the people, signed by a magistrate, commanding the arrest of the defendant, and may 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 sheriff, constable, marshal or policeman 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 therefore commanded, forthwith 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 City of Albany, [or'as the case may be,]

§ 152. The warrant must specify the name of the defendant, or if it be unknown to the magistrate, the defendant may be designated therein by any name. It must also state an offence in respect to which the magistrate has authority to issue the warrant, 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. The warrant must be directed to, and executed by, a peace officer.