See People ex rel. Kingsley v. Pratt, 22 Hun, 300; Burns Erben, 40 N. Y. 463; Schneider v. McLane, 3 Keyes, 568; Harft v. McDonald, 1 C C. R. 181; Meyer v. Clark, 9 J. & Sp. 107; Stemack v. Brooks, 7 Daly, 142; People v. Pratt, 22 Hun, 300; McIntyre v. Radmus, 14 J. & Sp. 123; Hawley v. Butler, 54 Barb. 490; 48 id. 101; Sands v. Benedict, 2 Hun, 479; 5 T. & C. 19; People v. Shanley, 40 Hun, 478; 4 N. Y. Cr. 72, People v. Adler, 3 Park. 249; Carpenter v. Mills, 29 How. 473; Willis v. Warren, 17 d. 100; Henessey v. Conolly, 13 Hun, 173; Butolph v. Blust, 41 How. 481; Phillips v. Trull, 11 Johns. 486; Coyles v. Hurtin, 10 id. 85, Brown v. Chadsey, 39 Barb. 253; Wilson v King, 39 Supr. 384; Matter of Henry, 29 How. 187; Slater v. Wood, 9 Bosw. 15; Tupper v. Morin, 20 Abb. N. C. 402; Smith v. Botens, 37 N. Y. St. Rep. 54.

§ 178. May break, etc., if admittance refused.—To make an arrest, as provided in the last section, the officer may break open an outer or inner door or window of a building, if after notice of his office and purpose, he be refused admittance.

See § 173, ante.

§ 179. May arrest at night, etc.- He may also, at night, without a warrant, arrest any person whom he has reasonable cause for believing to have committed a felony, and is justified in making the arrest, though it afterward appear that a felony had been committed, but that the person arrested did not commit it.

People v. Ryan, 28 N. Y. St. Rep. 490; People v. McCarthy, 110 N. Y. 309.

§ 180. Must state authority, etc.- When arresting a person without a warrant the officer must inform him of the authority of the officer and the cause of the arrest, except when the person arrested is in the actual commission of a crime, or is pursued immediately after an escape.

§ 181. May take, etc., a person arrested by a by-stander for breach of the peace.- A peace officer may take before a magistrate, a person, who, being engaged in a breach of the peace, is arrested by a by-stander and delivered to him.

Wark's Case, 5 C. H. Rec. 4.

§ 182. Magistrate may commit, etc.— When a crime is committed in the presence of a magistrate, he may, by a verbal or written order, command any person to arrest the offender, and may thereupon proceed as if the offender had been brought before him on a warrant of arrest.

Order can not be delayed. McKay's Case, 5 C. H. Rec 95; see Butolph . Blust, 5 Lans. 84; Sands v. Benedict, 2 Hun, 479; Lindsay . People, 67 Barb. 548; Farrell v. Warren, 3 Wend. 253; Parsons v. Brainard, 17 id. 522.

CHAPTER V.

ARREST BY A PRIVATE PERSON.

SEC. 183. In what cases allowed.

184. Must inform the party of the cause of arrest, except when actually committing the offense or on pursuit after escape.

185. Must immediately take prisoner before a magistrate, or deliver him to a peace oflicer.

§ 183. In what cases allowed. A private person may arrest

another,

1. For a crime, committed or attempted in his presence;

2. When the person arrested has committed a felony, although not

in his presence.

Subd. 1; Phillips v. Trull, 11 Johns. 468; People v. Morehouse, 2 Sil. (S. C.) 242; Judson v. Reardon, 16 Minn. 431; Keenan v. State, 8 Wis. 132; Long v. State, 12 Ga. 293. Subd. 2; Holley v. Mix, 3 Wend. 350; People v. Adler, 3 Park. 249; Brown. Chadsey, 39 Barb. 253; Hawley v. Butler, 54 id. 490; 48 id. 101; Burns v. Erben, 40 N. Y. 463; State v. Bryant, 65 N. C. 327; Habersham v. State, 56 Ga. 61; Doering v. State, 49 Ind. 56; see Smith v. Botens, 36 N. Y. St. Rep. 54; 2 City Ct. 240, n.

§ 184. Must inform party of the cause of arrest, except when actually committing offense, etc.— A private person before making an arrest, must inform the person to be arrested of the cause thereof, and require him to submit, except when he is in the actual commission of the crime, or when he is arrested on pursuit immediately after its commission.

State v. Bryant, 65 N. C. 327; State v. Belk, 76 id. 10; People v. Pool, 27 Cal. 572; People v. Morehouse, 2 Sil. (S. C.) 240.

§ 185. Must immediately take prisoner before a magistrate, or deliver him to a peace officer.- A private person, who has arrested another for the commission of a crime, must, without unnecessary delay, take him before a magistrate, or deliver him to a peace officer. Com. v. Sheriff, 1 Grant, 187; Cooper v. Adams, 2 Blackf. 294.

CHAPTER VI.

RETAKING, AFTER AN ESCAPE OR RESCUE.

SEC. 186. May be at any time, or in any place in the state.
187. May break open a door or window, if admittance refused.

§ 186. May be at any time, or in any place in the state. If a person arrested escape or be rescued, the person, from whose custody he escaped or was rescued, may immediately pursue and retake him, at any time, and in any place in the state.

§ 187. May break, etc., if admittance refused. To retake the person escaping or rescued, the person pursuing may, after notice of

his intention and refusal of admittance, break open an outer or inner door or window of a building.

CHAPTER VII.

EXAMINATION OF THE CASE, AND DISCHARGE OF THE DEFENDANT OR HOLDING HIM TO ANSWER.

SEC. 188. Magistrate to inform defendant of the charge, and his right to counsel.

189. Time to send, and sending for counsel.

190. On appearance of counsel, or waiting for him a reasonable time examination to proceed.

191. When to be completed; adjournment.

192. On adjournment, defendant to be committed, or discharged on deposit of money.

193. Form of commitment.

194. Depositions, to be read on examination, and witnesses examined. 195. Examination of witnesses to be in presence of defendant, and witnesses to be cross-examined in his behalf

196. Defendant to be informed of his right to make a satement.

197. Waiver of his right, and its effect.

198, 199. Statement, how taken.

200. How reduced to writing, and authenticated.

201. After statement or waiver, defendant's witnesses to be examined. 202. Witnesses to be kept apart.

203. Who may be present at examination.

204. Testimony, how taken and authenticated.

205. Depositions and statement, how and by whom kept.

206. Defendant entitled to copies of depositions and statement.

207. Defendant, when and how to be discharged.

208. When and how to be committed.

209. Order for commitment.

210. Certificate of bail being taken.

211. Defendant to choose how he shall be tried.

212. Order for bail, on commitment.

213, 214. Form of commitment.

215. Undertaking of witnesses to appear, when and how taken.

216. Security for appearance of witnesses, when and how required.

217. Infants and married women may be required to give security for appearance as witnesses.

218. Witness to be committed, on refusal to give security for appear

ance.

219. Witness, unable to give security, may be conditionally examined. 220. Last section not applicable to prosecutor or accomplice.

221. Magistrate to return depositions, statement and undertakings of witnesses to the court.

§ 188. Magistrate to inform defendant of the charge, and his right to counsel.-When the defendant is brought before a magistrate upon an arrest either with or without warrant on a charge of having committed a crime, the magistrate must immediately inform him of the charge against him, and of his right to the aid of counsel in every stage of the proceedings, and before any further proceedings are had.

Hearing after coroner's inquisition. See § 6, art. 1 of State Const.; § 8, ante. People v. Cook, 45 Hun, 36; Matter of Ramscar, 38 Hun, 191; 1 N. Y. Cr. 33; 63 How. 255; People ex rel. Baker v. Beatty, 39 Hun, 477; People v. McGloin, 91 N. Y. 241; 12 Abb. N. C. 72; People v. Mondon, 103 N. Y. 211; 4 N. Y. Cr. 561; 34 Alb. L J. 436; People v. Chapleau, 121 N. Y. 266; Hommert v. Gleason, 38 N. Y. St. Rep. 343; People ex rel. Navagh v. Frink, 41 Hun, 195.

§ 189. Time to send, and sending for counsel.—He must also allow the defendant a reasonable time to send for counsel, and adjourn the examination for that purpose; and must, upon the request of the defendant, require a peace officer to take a message to such counsel in the town or city, as the defendant may name. The officer must, without delay and without fee, perform that duty.

People v. Restell, 3 Hill, 289; Cases under last section.

§ 190. On appearance of counsel, or waiting for him a reasonable time, examination to proceed.— The magistrate, immediately after the appearance of counsel, or if none appear and the defendant require the aid of counsel, must, after waiting a reasonable time therefor, proceed to examine the case, unless the defendant waives examination and elects to give bail, in which case the magistrate must admit the defendant to bail if the crime is bailable, as provided in section two hundred and ten; and in that case witnesses in attendance or shown to be material for the people may be required to appear and testify, or to be examined conditionally as prescribed in sections two hundred and fifteen, two hundred and sixteen, two hundred and seventeen, two hundred and eighteen, two hundred and nineteen and two hundred and twenty.

See cases under 188, ante People v. Milne, 41 Hun, 188.

§ 191. When to be completed - Adjournment. The examination must be completed at one session, unless the magistrate, for good cause shown, adjourn it. The adjournment can not be for more than two days at each time, unless, by consent or on motion of the defendant.

Can not commit defendant for hearing on future day until brought before court. Pratt v. Hill, 16 Barb. 303. Indictment does not oust jurisdiction. Ex parte Gessner, 53 How. Pr. 515; reversed and held may indict pending exam ination; People v. Westbrook, 12 Hun, 646; People v. Drury, 2 Edm. S. C. 351. Ex parte Smith, 5 Cow. 273; People v. Nash, 5 Park. 473; People v. Mondon, 103 N. Y. 221; reversing, 38 Hun, 191; People v. McGloin, 91 N. Y. 241; 12 Abb. N. C. 172; 1 N. Y. Cr. 154; 16 W'k Dig. 255; affirming, 28 Hun, 150; 1 N. Y. Cr. 105; 16 W'k Dig. 138.

§ 192. On adjournment, to be committed or discharged, etc.If an adjournment be had for any cause, the magistrate must commit the defendant for examination, or discharge him from custody, upon his giving bail to appear during the examination, or upon the deposit of money as provided in this Code, to make sure of his appearance at the time to which the examination is adjourned.

People v. McGloin, 91 N. Y. 241; 12 Abb. N. C. 172; 1 N. Y. Cr. 154; 16 W'k Dig. 255; affirming, 28 Hun, 150; 1 N. Y. Cr. 105; 16 W'k Dig. 138; People v. Mondon, 103 N. Y. 221; reversing, 38 Hun, 191; People ex rel. Gilbert v. Laidlaw, 102 N. Y. 590.

§ 193. Form of commitment.

The commitment for examination is by an indorsement signed by the magistrate, on the warrant of arrest, to the following effect: 'The within named A. B., having

been brought before me under this warrant, is committed for exam-
ination, to the sheriff of the county of
county of New York, "to the keeper of the city prison of the city of
," or in the city and
New York."

People v. McGloin, 91 N. Y. 241; 12 Abb. N. C. 172; 1 N. Y. Cr. 154; 16 W.
Dig. 255; affirming, 28 Hun, 150; 1 N. Y. Cr. 105; 16 W. Dig. 138.

§ 194. Depositions to be read, etc., and witnesses examined.—At the examination, the magistrate must, in the first place, read to the defendant the depositions of the witnesses examined on the taking of the information, and if the defendant request it, or elects to have the examination, must summon for cross-examination the witnesses so examined, if they be in the county. He must also issue subpoenas for additional witnesses required by the prosecutor or the defendant.

People v. McGloin, 91 N Y. 241; 12 Abb. N. C. 172; 1 N. Y. Cr. 154; 16 W. Dig. 255; affirming, 28 Hun, 150; 1 N. Y. Cr. 105; 16 W. Dig. 138; Matter of Paul, 94 N. Y. 502; 2 N. Y. Cr. 6; People v. Restell, 3 Hill, 289; Son v. People, 12 Wend. 344.

§ 195. Examination of witnesses to be in presence of defendant, etc. The witnesses must be examined in the presence of the defendant, and may be cross-examined in his behalf.

People v. Williams, 35 Hun, 516; People v. McGloin, 91 N. Y. 241; 12 Abb. N. C. 172; 1 N. Y. Cr. 154; 16 W. Dig. 255; affirming, 28 Hun, 150; 1 N. Y. Cr. 105; 16 W. Dig. 138; Matter of Paul, 94 N. Y. 502; 2 N. Y. Cr. 6; People v. Restell, 3 Hill, 289; Beebe v. People, 5 id. 33; People v. Newman, id. 295.

196. Defendant to be informed of his right tc make a statement. When the examination of the witnesses on the part of the people is closed, the magistrate must inform the defendant, that it is his right to make a statement in relation to the charge against him (stating to him the nature thereof); that the statement is designed to enable him, if he see fit, to answer the charge and tc explain the facts alleged against him; that he is at liberty to waive making a statement; and that his waiver can not be used against him on the trial.

People v. McGloin, 91 N. Y. 241; 12 Abb N. C. 172; 1 N Y. Cr. 154; 16 W. Dig. 225; aflirming, 28 Hun, 150; 1 N. Y. Cr. 105; 16 W. Dig. 138; People v. Mondon, 103 N. Y. 221; 4 N. Y. Cr. 561; People v. Chapleau, 121 N. Y. 266; People v. Hendrickson, 1 Park. 416; People v. McMahon, 2 id. 669; People v. Stott, 4 N. Y. Cr. 306; 5 id. 61.

§ 197. Waiver of his right and its effect. If the defendant waive his right to make a statement, the magistrate must make a note thereof, immediately following the depositions of the witnesses against the defendant.