where a judge of a court of general sessions in the said city is authorized by law to let to bail.1 A prisoner arrested by virtue of an indorsed warrant, as hereinbefore mentioned, for an offence punishable by imprisonment in a State prison, cannot be let to bail in the county where the arrest is made, but must be taken back to the county in which the warrant was issued.2 By an act of the Legislature, when any court of oyer and terminer, court of sessions or superior court shall be setting in the county of Erie, no judge at chambers is authorized, without the written consent of the district attorney, to bail any prisoner in jail; or, without such consent, to bail any prisoner in jail if an application in behalf of such prisoner shall have been made to any such court for that purpose and such application shall have been denied, or if the party shall have had an opportunity to apply to such court and shall have neglected to make such application.3 Whenever any magistrate in the city and county of New York shall make an order, requiring any person to enter into a recognizance for his appearance at any court in said city and county, the said magistrate may authorize any other magistrate of said city and county to let said person to bail, either before or after commitment, and any recognizance so taken is of the same power, force and effect as if taken by the magistrate making the order.4 Whenever any magistrate in the city of New York shall bind over or commit any person, for his appearance at the court of special sessions, to answer any criminal charge or other misconduct, he may also bind over the witnesses for the prosecution to appear and be examined in said court, in the same manner that any magistrate may bind over by recognizance witnesses to appear and be examined in the court of general sessions of the peace.5 12 R. S., 710, §§ 31, 32, 33. * Clark v. Cleveland, 6 Hill, 344; Peo. v. Chapman, 30 How. Pr., 202. 'Laws 1846, ch. 142, § 4; 2 R. S., 710, § 38. Laws 1860, ch. 508, § 19, p. 1007. ⚫ Laws 1860, ch. 508, § 17. § 23. OF THE SUFFICIENCY AND AMOUNT OF BAIL TAKEN, THE DIS CRETION OF THE JUDGES TO LET TO BAIL, THE SURRENDER OF THE BAIL, SUBSTANCE OF THE RECOGNIZANCE, ETC., ETC. The general rules applicable to the above subjects are the same which apply in like cases in courts of record after indictment found. They will be found discussed in the subsequent chapter, in relation to the practice and proceedings had upon the trial of indictments in courts of oyer and terminer.1 The old doctrine that the personal character of the persons offered for bail might be taken into consideration in determining the adequacy of the sureties, may. be considered as overruled. The sureties, if otherwise sufficient, ought not to be refused on account of the personal character or opinion of the party proposed. Neither is it any objection that the persons proposed as bail in a criminal case are indemnified by or on behalf of the prisoners.3 § 24. RECOGNIZANCES TAKEN OUT OF COURT TO BE FILED. Whenever any prisoner shall be let to bail by any officer out of court, such officer is required to immediately cause the recognizance taken by him to be filed with the clerk of the county in which the party bailed was imprisoned, and whenever any person shall be let to bail by any court other than that in which the offence is triable, it shall be the duty of the clerk of the court by which the prisoner was bailed immediately to transmit the recognizance taken by such court to the clerk of the county in which the party bailed was imprisoned.4 By a subsequent statute it is further provided, that every recognizance taken by any court, or by any magistrate, coroner, or other officer, to appear and answer at any court, or by any magistrate, coroner, or other officer, and the complaint, inquisition, affidavits, and other papers upon which such recognizance is founded, shall be filed in the office of the clerk of the court, at which the party is thereby required to appear, within ten days after the same is so taken.5 1 Vide post. * Rex v. Badger, 4 Queen's Bench R., 468; 1 Lead Cr. Cases, 236. Reg. v. Broome, 18 Law Times R., 14. 2 R. S., 710, §§ 34, 35. Laws 1861, ch. 333, § 2, p. 781. § 25. RETURNING EXAMINATIONS AND RECOGNIZANCES AND HOW COM PELLED. All examinations and recognizances taken pursuant to the provisions of the statute, upon the examination herein mentioned, are to be certified by the magistrate taking the same to the court at which the witnesses are bound to appear on the first day of the sitting thereof.1 Although the statute does not require the examinations and recognizances to be certified to the court above, until the first day of the term, it is advisable that the magistrate should file them with the county clerk with as little delay as possible after they are taken, in order that the district attorney may have ample time to peruse and examine them before the session of the grand jury, and become acquainted with the facts before the case is under examination by the grand jury. The grand jury is generally sworn, charged and organized at the opening of the court, and enter at once upon the discharge of their duties; and where the criminal examinations and recognizances are kept back, and not returned by the committing magistrate until the first day of the court, the district attorney, owing to the pressure of business suddenly thrust upon him, has very seldom, and especially in counties where there is much criminal business to be attended to, the necessary time to read the preliminary examination with the attention it deserves. The want of time to properly examine these papers filed by the committing magistrate, often involves expense upon the county by a waste of time in examining unimportant witnesses; and often a criminal owes his escape to the want of evidence before the grand jury upon a material question, which in many cases would have been supplied by the subpœnaing of an additional witness to that fact, had the district attorney perused the examination with the necessary time *and attention. One of the main objects in requiring the testimony of the witnesses for the prosecution to be filed, was that the district attorney and grand jury might be put at once in possession of the facts elicited upon the preliminary examination, and save trouble and time upon their part. The statute further provides that if any magistrate shall refuse, or neglect to return to the proper court, the examinations or recognizance by him taken, he may be compelled, by rule of 12 R. S., 709, § 28. court forthwith, to return the same, and, in case of disobedience of such rule, may be proceeded against by attachment, as for a contempt of court, in the manner provided in the eighth chapter of the third part of the Revised Statutes.1 § 26. POWER OF ASSOCIATING ANOTHER MAGISTRATE WITH THE ONE BEFORE WHOM COMPLAINT WAS MADE. The statute declares it to be lawful for any magistrate to whom any complaint may be made, or before whom any prisoner may be brought as hereinbefore mentioned, to associate with himself any other magistrate of the same county, and the powers and duties hereinbefore mentioned, may be executed by such two magistrates so associated.2 § 27. SPECIAL PROVISIONS IN RELATION TO THE ARREST OF FUGI TIVES FROM JUSTICE WHO HAVE FLED FROM OTHER STATES The officers, specified in section two of this chapter, also have power to issue process for the apprehension of a person charged in any State or territory of the United States with treason, felony or other crime, who shall flee from justice and be found within this State.3 The proceedings are in all respects similar to those hereinbefore mentioned for the arrest and commitment of persons committing offences within this State.4 If, from the examination had in such case, it shall satisfactorily appear that such person has committed a criminal offence and is a fugitive from justice, such magistrate, by warrant reciting the accusation, shall commit such fugitive from justice to the common jail, there to be detained for such time, to be specified in said warrant, as the said magistrate shall deem reasonable, to enable such fugitive to be arrested by virtue of the warrant of the executive of this State, issued according to the act of Congress upon the requisition of the executive authority of the State or territory in which such fugitive committed such offence, unless 12 R. S., 709, § 29. 22 R. S., 710, § 30. Laws 1839, ch. 350, § 1; 2 R. S., 710, § 41. Id., § 2; Id., § 42. such person shall give bail as specified in the next section, or until he shall be discharged according to law.1 The person thus arrested may give bail in such sum as by the magistrate shall be deemed proper, conditioned that he will appear before the said magistrate at such time as to the said magistrate shall seem reasonable, and will deliver himself up to be arrested upon the warrant of the executive of this State." The magistrate, before whom such person shall have been examined and committed, shall immediately cause written notice to be given to the district attorney of the county where such commitment takes place, of the name of such person and the cause of his arrest, and the said district attorney shall immediately thereafter cause notice to be given to the governor of the State or territory, or to the State's attorney, or to the presiding judge of the criminal courts of the city or county of the State or territory having jurisdiction of the offence so charged to have been committed by such person, to the end that a demand, in pursuance of the act of Congress, may be made for the arrest and surrender of such person.3 The person thus arrested, detained or bailed shall be discharged from such detention or bail unless, at or before the expiration of the time designated in the warrant of commitment, he shall be demanded or arrested by such warrant of the executive of this State.4 The act further makes it the duty of the magistrate, to make return to the next court of sessions of his proceedings in the premises.5 It thereupon becomes the duty of the Court of Sessions to inquire into the cause of the arrest and detention of such person, and if such person is in custody, or the time for his arrest, as designated in the condition of the bail bond has not elapsed, the said Court of Sessions, in its discretion, may discharge the said person from detention, or may order the said bail bond to be cancelled, or may continue his detention for a period beyond the time specified in the warrant of commitment, or may order new Laws 1839, ch. 350, § 3; 2 R. S., 710, § 43. Id., § 4; Id., § 44. * Id., § 5; Id., § 45. Id., § 6; Id., § 46. Id., § 7; Id., § 47. |