PAGE. ARREST (Continued): The arrest by officers with a warrant... the magistrate should have jurisdiction, and the warrant be lawful and regular on its face the rule laid down by Marcy, J............... ministerial officer when not protected. ... officer when to decide at his peril...... a warrant which protects an officer, protects those who come to his aid has given bail.......... ..... the rule laid down by Lord Kenyon.... submission to process without compulsion when arrested... power of officer to command assistance... ..... right of officers to break open doors and windows 181, 182, 183 concerning the force to prevent aid in pursuit of escaped prisoner... (See EXAMINATion of Offenders.) Arrest of fugitives from justice who have fled from other states and ter- ritories ....... Arrests upon requisitions from the Governor of this State. (See REQUI- ARREST OF JUDGMENT (See JUDGMENT). 204 prisoner firing cell to escape, not arson 490 malicious burning need not correspond with precise design of party. 490 burning of another's house may be by setting fire to one's own house 490 ARSON (Continued): words of New York statute are "set fire to or burn" PACE 491 491 491 491 491 492 492 492 493 493 493 493 493 494 494 494 494 With intent to rob ... 495 how shown 495 assault must be upon the person intended to be robbed. assault with intent to kill must be with deadly weapon or force, &c. 496 prisoner convicted though no evidence that he touched prosecutrix.. 498 party should have notice of officer's business.... Assault with dangerous weapon with intent to do bodily harm.. ATTACHMENT: for witnesses on trial of indictment.... .... 316 247 (See EXAMINATION OF OFFENDERS, SUMMARY CONVICTIONS, BASTARDY, &c.) before grand jury.............. ATTEMPTS TO COMMIT FELONIES: a misdemeanor at common law. 500 an act done, coupled with a criminal intent sufficient. 502 502 ATTEMPTS TO COMMIT FELONIES (Continued): there must be an ineffectual deed done..... particular manner of the attempt immaterial. conviction for assault with intent to commit felony, cannot be had PAGE. 502 502 503 person acquitted of principal offence cannot be tried for attempt.... 503 503 AUTREFOIS ACQUIT (See PLEAS BY THE PRISOner). AUTREFOIS CONVICT (See PLEAS BY THE PRISONER). BAIL (See RECOGNIZANCE): Before committing magistrate. (See EXAMINATION of Offenders.) when application made.... what is bail...... 288 288 power of courts of oyer and terminer and of sessions to take bail... 289 bail by whom taken in Erie county. prisoner how discharged on bail taken out of court Of the discretionary power to bail. defendant not entitled to be bailed as a matter of right. what questions to be examined on application to bail.... denial of bail when reviewable. may break open doors.. arrest may be made in the night time or on Sunday. BASTARDY PROCEEDINGS: 290 291 291 291 292 292 293, 294 294 295 296 296 297 297 298 299 298 298 298 doors cannot be broken to make arrest in first instance.. 115 but may be after an escape... 115 warrant need not be under seal.. 116 proceedings against father out of county.... 116 116 warrant to be indorsed when executed in another county. 116 116 PAGE. BASTARDY PROCEEDINGS (Continued): bond to be taken by justice indorsing warrant out of the county where issued...... 116 neglect of officer to deliver warrant to justice who issued it. 118 proceedings upon failure to execute bond...... .... 118 in absence of justice who issued warrant, prisoner to be taken before another justice....... ... 118 constable's return to warrant ... 118 father how disposed of during examination.. proceedings and determination of justices in hearing. order of filiation...... 120 120 121 121, 122 bond to be entered into and costs paid by person adjudged reputed father...... 121 contents of bond .... 122 mother's ability to support child does not relieve father from liability 122 infant bound to support illegitimate child..... 122 123 father may be committed for non-payment of costs, although bond is 123 proceedings upon return of bond taken out of county on return of .... 123 two justices to be associated in such case, examination to be held and amount ordered to be paid may be increased or reduced. can only be made from affirmative order charging the reputed father. 127 128 proceedings between the notice and hearing of the appeal. if mother marry, miscarry or be not pregnant, father to be discharged 129 if order of filiation be affirmed court of sessions may require new bond 129 130 130 131 BASTARDY PROCEEDINGS (Continued): when court of sessions may make original order.. duty of court of sessions when father or mother imprisoned.. of the costs of the appeal...... payment of costs may be enforced by attachment... proceedings on bonds taken for appearance at sessions and for sup- port of bastard, &c............. BEGGARS AND VAGRANTS (See SUMMARY CONVICTIONS). BETTING (See GAMBLERS AND SUMMARY CONVICTIONS). PAGE. 131 132 132 133 133 *134 |