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§§ 145-147. INFORMATION. MAGISTRATES.

46

TITLE III.

Of the Information, and Proceedings thereon to the Commitment inclusive.

CHAPTER I. The information.

II. The warrant of arrest.

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

V. Arrest by a private person.

VI. Retaking, after an escape or rescue.

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

CHAPTER I.

THE INFORMATION.

SEC. 145. Information defined.

146. Magistrate, defined.
147. Who are magistrates.

$145. Information defined.

The information is the

allegation made to a magistrate, that a person has been guilty of some designated crime.

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

§ 147. Who are magistrates.

are magistrates:

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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.

CHAPTER II.

THE WARRANT OF ARREST.

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

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 felony.

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 bail is not given.

162. Prisoner carried from county 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 taken before a magistrate, without delay.

166. Defendant before another magistrate than the one who issued the warrant.

§ 148. Examination of the prosecutor, etc.- When an information is laid before a magistrate, of the commission of a crime, 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.

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

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§ 149. Depositions, what to contain.. The depositions 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 rel. Kingsley v. Pratt, 22 Hun, 300.

§ 150. 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

reasonable ground to believe that the defendant has committed it, he must issue a warrant of arrest.

What sufficient. Blodgett v. Race, 18 Hun, 132. Ex parte Rothaker, 11 Abb. N. C., 122; Peo. v. Mead, 28 Hun, 227; s. c., 92 N. Y., 415.

§ 151. Form of warrant.-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 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 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,]

this

day of

18

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E. F., Justice of the peace,
[or as the case may be]."

§ 152. Description of defendant and the offense.- 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 offense 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. 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. Russell v. Hubbard, 6 Barb., 654.

§ 154. Who are peace officers.-A peace officer is a sheriff of a county, or his under-sheriff or deputy, or a constable, marshal, police constable or policeman of a city, town or village.

§ 155. Warrant issued by certain judges.- If the warrant be issued by a judge of the supreme court, or of the superior court, or court of common pleas, recorder, 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 officers to whom it may be delivered

§ 156. Id.; by other magistrates.—If it be issued by any other magistrate, it may be 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 effect: This warrant may be executed in the county of Monroe, [or as the case may be.]

§ 157. Indorsement in another county, how and when made.-The indorsement mentioned in the last section cannot, however, be made, unless upon the oath of a credible witness, in writing, indorsed on or annexed to the warrant, proving the handwriting of the magistrate by whom it was issued. Upon this proof, the magistrate 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."

§ 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 warrant, 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 arrested in another county, the officer must, upon being required by the defendant, take him before a magistrate

in that county, who must admit the defendant to bail, for his appearance before the magistrate named in the warrant, and take bail from him accordingly.

§ 160. Proceedings on taking bail. On taking bail, the magistrate 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 forthwith 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 ordinary route of travel from the place where the prisoner 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 passing through 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 in 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.

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

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