372. § 1578. [372.] When arresting a person without a Oct. 19, 1864, warrant, the officer must inform him of his authority Officer must and the cause of the arrest, except when he is in the state his actual commission of a crime, or is pursued immediately except. after its commission, or an escape. authority, 373. § 1579. [373.] An officer may, without warrant, take Oct. 19, 1864, before a magistrate a person who, being engaged in a breach of the peace, is arrested by a bystander and de- arrested by a livered to him. When person bystander. $374. Arrest by § 1580. [374.] When a crime is committed in the Oct. 19. 1864, presence of a magistrate, he may, by a verbal or written order, command any person to arrest the offender, and order of may thereupon proceed as if the offender had been brought before him upon a warrant of arrest. magistrate. $375. § 1581. [375.] A private person may arrest another Oct. 19, 1864, for the causes specified in section 1576 [370], in like Arrest by pri manner and with like effect as a peace officer without vate person. warrant. -- A Arrest by private persons. Arresting for offense committed in their presence. -It is incumbent upon a private citizen, the same as upon an officer, to arrest another for the commission of a crime in his presence. The arrest must be made promptly, and cannot be made if for a misdemeanor after the affair is over: 1 Bishop's Crim. Proc., sec. 167. neglect to arrest a person who is committing a felony in the presence of another is highly criminal, and renders the latter liable to punishment: Id., sec. 166. So a person who sees another attempting to commit a felony, although such attempt is only a misdemeanor, may arrest him: Reuck v. McGregor, 32 N. J. L. 70; Rex v. Hunt, 1 Moo. 93; Handcock v. Baker, 2 Bos. & P. 260. Reasonable cause. As before stated, it is the duty of a private person having reasonable cause to suspect a person guilty of a felony to arrest him, although he has no warrant authorizing him so to do: Sec. 836, note; IIolley v. Mix, 3 Wend. 350; Long v. State, 12 Ga. 293; Doering v. State, 49 Ind. 56. The chief distinction between the power of an officer and of a private person to arrest a person for the commission of a felony that is past is, should the arrested one be found not guilty, that the private person will not be justified unless a felony has been actually committed by some one, while the officer is justified though no offense has been committed; yet both must have had reasonable cause to suspect the one apprehended: Burns v. Erben, 40 N. Ŷ. 463; Eanes v. State, 6 Humph. 53; Commonwealth v. Presby, 14 Gray, 65; Lewis v. State, 3 Head, 127, 146; 1 Bishop's Crim. Proc., sec. 181. If a felony has been in fact committed, and a private person has reasonable cause to suspect a particular person, he may, acting in good faith, arrest him without incurring any liability, civil or criminal, should the suspicion prove unfounded: Id., sec. 168; Ledwith v. Catchpole, Cald. 291; Brockway v. Crawford, 3 Jones, 433; Wakely v. Hart, 6 Binn. 316. Authorities expressing a different view are found, but they are contrary to the general current of authority: Rohan v. Sawin, 5 Cush. 281; Commonwealth v. Carey, 12 Id. 246, 251; Kindred v. Stitt, 51 Ill. 401. I Oct. 19, 1864, 376. § 1582. [376.] A private person, who has arrested another for the commission of a crime, must without unnecessary delay take him before a magistrate or deliver before magis him to a peace officer. Private person must take person arrested trate or to peace officer. Id., § 377. Pursuit of Id., § 378. In making recapture, may use means proper on original arrest. § 1583. [377.] 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 this state. § 1584. [378.] To retake the person escaping or rescued, the person pursuing may use all the means and do any act necessary and proper in making an original arrest. CHAPTER XXXVII. OF THE EXAMINATION OF THE CASE AND DISCHARGE OF § 1585. Magistrate to inform defendant of the charge and his right to Time to send, and sending for counsel. § 1586. § 1591. Witnesses, when to be subpoenaed; statement and depositions to be read. Only four witnesses to be subpoenaed on either side without an order. § 1592. $ 1593. § 1594. $ 1595. § 1596, 1597. Defendant to be informed of his right to make a statement. Statement of defendant, how taken. § 1598. How reduced to writing and how authenticated. § 1605. § 1606. § 1607. Same subject. § 1608. § 1609. Informant may employ counsel, but district attorney authorized to control proceedings. Defendant, when and how discharged. Defendant, when to be committed; order for commitment. Defendant, how committed. § 1610. Form of commitment. § 1612. Commitment to be directed to sheriff of county, and how defendant § 1616. Infants and married women may be required to give security. Witness refusing to give undertaking must be committed. § 1617. § 1618. To what court, and when, magistrate to return proceedings and papers. $379. Magistrate to ant of charge. § 1585. [379.] When the defendant is brought be- Oct. 19, 1864, fore a magistrate upon an arrest, either with or without warrant, on a charge of having committed a crime, the inform defendmagistrate must immediately inform him of the charge against him, and of his right to the aid of counsel, before any further proceedings are had. Charge need not be in writing in order to give court jurisdiction: Hannah v. Wells, 4 Or. 249. $380. Time to send, for counsel. § 1586. [380.] He must allow the defendant a reason- Oct. 19, 1864, able time to send for counsel, and adjourn the examination for that purpose; and may, upon the request of the and sending defendant, require a peace officer to take a message to such counsel in the precinct, town, or village as the defendant may name. The officer, when required by the magistrate, must take the message without delay. 381. § 1587. [381.] Immediately after the appearance of Oct. 19, 1864, counsel, or if, after waiting a reasonable time, none appear, or if the defendant do not require counsel, the when to magistrate must proceed to examine the case. Examination, proceed. § 382. § 1588. [382.] The examination must be completed Oct. 19, 1864, at one session, unless the magistrate, for good cause Examination, shown by affidavit, adjourn it; and the adjournment when comcannot be for more than one day at each time, nor more than six days in all, unless by consent or on motion of the defendant. Person surrendered on requisition from another state is entitled to his discharge if the examination is not brought on in six days: Ex parte plete. § 1589. [383.] If an adjournment be had for any oct. 19, 1864, cause, the magistrate must commit the defendant for $383. examination, or may, in his discretion, discharge him Oct. 19, 1864, 383. On adjourn from custody until the close of the examination, upon his giving bail or depositing money in lieu thereof, as ment, defend provided in this code, for his appearance at the time to which the examination is adjourned. ant to be committed or give bail. Oct. 19, 1864, Oct. 19, 1864, $385. Witness, when to be subpoenaed. Feb. 26, 1885, $1. Laws of 1885, p. 134. One form subpoenas to be issued on either side without an order. Undertaking, in order to create in an indictment or commitment: Hanliability, need not detail the crime nah v. Wells, 4 Or. 249. with the same exactness as is required § 1590. [384.] The commitment for examination is by an indorsement, signed by the magistrate, on the warrant of arrest, to the following effect: "The withinnamed A B, having been brought before me under this warrant, is committed for examination to the custody of the officer having him in charge; or (if the magistrate sit in the vicinity of the county jail) to the jailer of the county of.” § 1591. [385.] At the examination, the magistrate must, in the first place, read to the defendant the statement and depositions upon which the warrant of arrest is issued, and if the defendant request it, must subpœna the informant and witnesses so examined, if they be within the county or twenty miles of the place where the magistrate sits; and if they be within such limits or distance, he must issue subpoenas for additional witnesses, when required by the informant or the defendant. § 1592. Hereafter [in] all criminal proceedings had before any magistrate in this state, the defendant and the state may each subpoena four witnesses, and no more; provided, the county judge of the county where any such proceedings may be pending may, for good cause shown, make an order allowing a greater number of witnesses to be subpoenaed by either party, in which event said witnesses may attend and be paid as now provided by law; and provided further, that this act [section] shall not be so construed as to prevent any person or persons from voluntarily attending and testifying before any such magistrate, but they shall not be paid by the county where such proceedings may be had or pending. § 1593. [386.] The witnesses must be examined in $ 386. the presence of the defendant, and may be cross-exam- Oct. 19, 1834, ined in his behalf or against him. Examination Id., § 387. Defendant to be informed of his right to make a statement. § 1594. [387.] When the examination of the wit- of witness. nesses on the part of the state is closed, the magistrate must inform the defendant that it is his right to make a statement in relation to the charge against him; that the statement is designed to enable him, if he see fit, to answer the charge and explain the facts alleged against him; that he is at liberty to waive making a statement, and that his waiver cannot be used against him on the trial. testimony was voluntary and free Defendant may be a witness. -- The accused may become a witness for or against himself at a preliminary examination; and if it appear that his § 1595. [388.] If the defendant waive his right to Id., § 388. make a statement, the magistrate must make a memo- Waiver of randum thereof in the proceedings; but the fact of his waiver cannot be used against the defendant on the trial. his right. § 1596. [389.] If the defendant choose to make a Id., § 389. statement, the magistrate must proceed to take it in Statement of writing, without oath, and must put to the defendant the following questions only: 1. What is your name and age? 2. Where were you born? 3. Where do you reside, and how long have you resided there? 4. What is your business or occupation? 5. Give any explanation you may think proper of the circumstances appearing in the testimony against you, and state any facts which you think will tend to your exculpation. defendant. § 1597. [390.] The answer of the defendant to each 14., § 890. of the questions must be read to him as it is taken down. Same subject. He may thereupon correct or add to his answer until it is made conformable to what he declares to be the truth. § 1598. [391.] The statement of the defendant must Id., § 391. be reduced to writing by the magistrate or under his Statement of direction, and authenticated in the following form: defendant, how authenticated. |