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town in the county as in that in which he was chosen and where he resides, and in this respect his territorial jurisdiction is co-extensive with that of the sheriff.1 The warrant should also command the officer, to whom it is directed, forthwith to take the person accused of having committed such offence, and to bring him before the magistrate who issued it, to be dealt with according to law. It need not be made returnable at any particular time, and continues in force until it is fully executed and obeyed.3 Where a justice of the peace issued a warrant for the arrest of an individual upon a criminal charge late on Saturday night, with an indorsement thereon directing that the accused should be committed until the following Monday for examination, and the constable arrested the accused in the same evening and committed him to jail without first bringing him before the justice, held that the justice had exceeded his authority, and was liable to trespass. It should also be under the hand of the magistrate who issued it, and should set forth the day and year wherein it was issued, and may be issued either in the name of the people or of the magistrate. It ought also to show the county wherein it was made, either in the body of the warrant or in the margin. A warrant was in the following form: "To," etc. "This is to require you and each of you to bring before me the body of S, of whom it is complained by C that said S did willfully break and destroy the certain water pipe in H street. Given," &c. It was held sufficient under section three of the statute. The warrant, though very limited, is sufficient if it recite the substance of the section.9

§ 6. WARRANTS, WHERE EXECUTED.

Warrants issued by either of the officers enumerated in section two of this chapter, may be executed in any part of the State,

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2 Hawk. P. C., ch. 13, § 22; 2 Hale P. C., 111; 1 Chit. Cr. L., 38, 39. 'Dickinson v. Rogers, 19 John., 279; 1 Chit. Cr. L., 39; 2 Hawk., P. C.,

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Sleight v. Ogle, 4 E. D. Smith, 445; Vide 5 Barb. 465; 2 Abb., 468; 5 Wend., 530; 28 Barb., 630.

except such as are issued by any justice in New York city, or by any alderman or justice of the peace. Warrants issued by any such assistant justice, alderman or justice, shall not be executed out of the county in which they are officers, unless indorsed in the manner hereinafter specified.1

When an officer shall have arrested any prisoner on a criminal charge in any county, he may carry such prisoner through such parts of any other county or counties as shall be in the ordinary route of travel, from the place where such prisoner shall have been arrested, to the place where he is to be conveyed, and delivered under the process by which such arrest shall have been made, and such conveyance shall not be deemed an escape; and while passing through such other county or counties, the officers having such prisoner in their charge, are not liable to arrest on civil process, and they have the like power to require any citizen to aid in securing such prisoner, and to retake him if he escape, as if they were in their own county; and a refusal or neglect to render such aid, is an offence in the same manner as if they were officers of the county where such aid was required.3

§ 7. DEFENDANT, HOW ARRESTED WHEN HE IS IN ANOTHER COUNTY

AND THE WARRANT IS ISSUED BY A JUSTICE OR ALDERMAN.

In case the warrant should be issued by any justice in New York city, or an assistant justice, or by any alderman or justice of the peace, and the person against whom any such warrant shall be issued, shall escape, or be in any other county out of the jurisdiction of such alderman or justice, the officer holding the warrant should go before one of the magistrates, named in the second section of this chapter, within the county where such offender may be or shall be suspected to be, and it then becomes the duty of such justice or other magistrate, upon proof of the handwriting of the magistrate issuing the warrant, to indorse his name upon the same; and thereupon, the person bringing the warrant or any other officer to whom it may have been directed, may arrest the offender in the county where the warrant was so indorsed.3

It is provided by statute that no magistrate shall be liable to any indictment, action of trespass or other action, for having

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indorsed any warrant pursuant to the above mentioned provisions, although it should afterwards appear that such warrant was illegally or improperly issued.1

The statute requires that the magistrate should simply indorse his name upon the warrant. It is advisable, however, that the magistrate should make an indorsement upon the warrant, reciting that proof had been made to him on oath; that the name of the justice subscribed to the warrant is in the handwriting of the person issuing the same, and authorizing the execution of such warrant within his county, and it is usually the practice not only to require such proof, but to make such indorsement.2

§ 8 DUTY OF THE OFFICER WHEN HE ARRESTS THE ACCUSED UPON

SUCH INDORSED WARRANT IN ANOTHER COUNTY.

When the warrant was issued by a justice or alderman, and the officer suspecting or knowing the accused to be in a county out of the jurisdiction of such justice or alderman, has procured the warrant to be indorsed in such other county as mentioned in the last section, the officer thereupon proceeds to arrest the defendant. The general rules in relation to the time and manner of making the arrest are applicable in this case, the same as if the warrant were to be served in the county where issued. The disposition to be made of the prisoner after the arrest has been made, varies, however, according to the offence charged in the warrant, whether it be a felony or misdemeanor.

Thus, if the offence charged in the warrant be punishable with death or with imprisonment in a State prison, the officer making the arrest is to convey the prisoner to the county where the warrant was originally issued, before some magistrate thereof; that is in cases where no provision is otherwise made before the magistrate who issued the warrant, or if he be absent or his office be vacant, before the nearest magistrate in the same county, to whom the officer is also to deliver the warrant, by virtue of which the arrest was made, with a proper return thereon, signed by such officer or person making the arrest. Under the provi

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sions of the statute above cited, another magistrate cannot take cognizance of a case without proof, by the officer's return, or by oath that the magistrate who issued it was absent.1 In cases where the warrant shall have been issued by a magistrate residing out of the town or city where the offence shall have been committed, and such warrant authorizes the officer executing the same, to carry the person charged with the offence, before a magistrate resident, and being in the town or city where such offence was committed, the prisoner should be taken by the offi cer before such last mentioned officer named in the warrant, to whom the warrant, by virtue of which the arrest was made, should also be delivered by the officer or person making the arrest, with his return indorsed thereon and signed by him. But in case the offence charged in the warrant be not punishable with death, or by imprisonment in a State prison, a different course is to be pursued in case the person arrested should require it: thus, in such cases, if the person arrested require to be brought before a justice of the county in which he shall have been arrested, it becomes the duty of the officer or person arresting him, to carry the prisoner before a magistrate of such county;3 when, if the offence charged in the warrant be not punishable with death or by imprisonment in the State prison, such magistrate may take from the prisoner a recognizance, with sufficient sureties for his appearance at the next court having cognizance of the offence, to be held in the county where the offence shall be alleged to have been committed. The magistrate taking such bail, shall certify on the warrant, the fact of his having let the defendant to bail, and shall deliver the warrant, together with the recognizance taken by him, to the officer or other person having charge of the prisoner, who shall deliver the same without unnecessary delay to the clerk of the court in which such prisoner shall be recognized to appear. If, however, the prisoner when arrested should not require to be brought before a magistrate in the county where arrested, or should make such request, and the magistrate should refuse to let him to bail, or if such person should neglect to give.

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1 17 Wend., 211.

2 R. S., 708, §§ 12, 13.

2 R. S., 207, § 7.

2 R. S., 707, § 8.

2 R. S., 707, § 9.

bail as above provided, then the officer or person having him in charge, is to convey the prisoner to the county where the warrant was originally issued, before some magistrate thereof, as prescribed in cases where the offence charged in the warrant was punishable with death or imprisonment in the State prison, and as above mentioned1 in this section, and is in like manner to deliver to such magistrate the warrant, by virtue of which the arrest was made, with a proper return indorsed thereon, and signed by the officer or person making the arrest.

Previous to the Revised Statutes the constable had a right to detain a defendant, for a reasonable time, while making a bona fide attempt to find a justice to hear the cause; the period now is fixed at twelve hours.2

Whether the arrest is made with or without a warrant, the officer must take the prisoner without any unnecessary delay before the magistrate, in order, where there is a warrant, that the party may have a speedy examination if he desires it, and in the case of an arrest without warrant, that the officer may take such proof as may be offered, or, if the circumstances will justify it, hold the suspected party for further examination.3

§ 9. PROCEEDINGS UPON THE RETURN OF THE WARRANT. In cases where the prisoner is brought before a magistrate of the county where the warrant was issued, the officer or person making the arrest is to deliver the warrant, together with a proper return thereon indorsed and signed by him, to such magistrate. But in cases where the prisoner has been arrested in another county, and has been bailed in such county, as above specified, then the warrant, together with such magistrate's certificate of having let the defendant to bail indorsed thereon, and the recognizance taken by him are to be without unnecessary delay, delivered by the officer or other person who had charge of the prisoner to the clerk of the court in which such prisoner shall have been recognized to appear.5

The prisoner having been arrested by the officer, and the war

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