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$ 577. If the bail be disallowed, the defendant must be detained in custody until lawfully discharged.

Section five hundred and eighty-one is amended so as to read as follows:

$ 581. The bail must be put in by a written undertaking, executed by a sufficient surety, with or without the defendants, in the discretion of the magistrate, and acknowledged before the court or its clerk in open court or the magistrate in substantially the following form : “An indictment having been found on the

day of

, eighteen hundred and in the court of sessions of the county of Albany (or as the case may be] charging A. B. with the crime of (designating it generally), and he having been duly admitted to bail in the sum of

dollars. “We, A. B., defendant [if the defendant join in the undertaking,] and C. D., surety or sureties, as the case may be, of [stating his place of residence and occupation,) and E. F., of [stating his place of residence and occupation,] hereby jointly and severally undertake that the above-named A. B. shall appear and answer the indictment above mentioned, in whatever court it may be prosecnted, and shall at all times render himself amenable to the orders and process of the court; and if convicted, shall appear for judgment, and render himself in execution thereof; or if he fails to perform either of these conditions, that we will pay to the people of the state of New York the sum of

dollars” [inserting the sum in which the defendant is admitted to bail).

Section five hundred and ninety-eight is amended so as to read as

follows: Applica- $ 598. The application must be upon at least five days' notice to ono notice the district attorney of the county served with copies of the affidavits

and papers on which it is founded, and can be granted only upon payment of the costs and expenses incurred in the proceedings for the enforcement of the forfeiture.

Section five hundred and ninety-nine is amended so as to read as follows:

$ 599. The court to which the committing magistrate returns the

deposition and statement, or in which an indictment or appeal is penddefendant. ing, or to which a judgment on appeal is remitted to be carried into

effect, may, by an order entered upon its minutes, or if the court be not in session, any judge thereof may direct the arrest of the defendant, and his commitment to the officer to whose custody he was committed at the time he was admitted to bail, and his detention until legally discharged, in the following cases :

1. When, by reason of his failure to appear, he has incurred a forferture of his bail, or of money deposited instead thereof, is provided in section five hundred and ninety-three.

2. When it satisfactorily appears to the court that his bail, or either of them, are dead, or insufficient, or have removed from the state.

3. Upon an indictment being found in the cases provided in section three hundred and six.

Section six hundred and five is amended so as to read as follows: Form of

8 605. When bail is taken upon the recommitment of the defendant,

the undertaking of bail must be in substantially the following form : laking “An order having been made on the day of

tion be

Court may
direct
arrest of

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eighteen hundred and , by the court of (paming the court,] that A. B. be admitted to bail in the sum of dollars, in an action pending in that court against him in behalf of the people of the state

under

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district

unless

.

into in

defendant.

of New York, upon an [information, presentment, indictment, or appeal, as the case may be).

“We, A. B., defendant [if the defendant join in the undertaking,] and C. D., surety of [stating his place of residence and occupation, and E. F., surety of (stating his place of residence and occupation, hereby, jointly and severally, undertake that the above-named A. B. shall appear in that or any other court in which his appearance may be lawfully required, upon that (information, presentment, indictment or appeal, as the case may be,] and shall at all times render himself amenable to its orders and process, and appear for judgment and surrender himself in execution thereof; or if he fail to perform either of these conditions, that we will pay to the people of the state of New York the sum of dollars, [inserting the sum in which the defendant is admitted to bail).

Section six hundred and forty-two is amended so as to read as follows :

8 642. If the application be made to the court, it may be without Without notice to the district attorney, unless the court direct notice to be notice to given, in which case it must prescribe the manner of giving the same,

attorney If made to one of the officers mentioned in the last section, the ap- court plication must be upon five days' notice to the district attorney served otherwise with a copy of the affidavit upon which it is founded,

Chapter five, before section six hundred and fifty-eight, is amended 80 as to read :

“ Inquiry into the insanity of the defendant, before or during the Inquiring trial, or after conviction.”

sanity of Section six hundred and ninety-nine is amended so as to read as follows:

8 699. In the cases in which the courts of special sessions or police Charge to courts have jurisdiction, when the defendant is brought before the magistrate, the charge against him must be distinctly read to him, and he must be required to plead thereto.

Section seven hundred and three is amended so as to read as follows:

$ 703. If a trial by jury be demanded, the court shall issue an order Venire for directed to any constable of the county or marshal of the city where a jury. the offence* is to be tried and having authority to execute process from the court, commanding him to summon twelve good and lawful men, qualified to serve as jurors, and not exempt from such service by law, and who shall be in no wise of kin, either to the complainant or the defendant, to appear before such court, at a time not more than three days from the date of the order, and at a place to be named therein, to make a jury for the trial of snch offense.

Section seven hundred and nine is amended so as to read as follows:

$ 709. If the officer to whom the order is delivered do not return it, Failure to as required by section seven hundred and four, he may be punished by venire may the court, as for contempt; and the court must issue a new order for be punthe summoning of jurors, in substantially the same form ; upon which ishod. the same proceedings must be had as upon the one first issued.

Section seven hundred and fourteen is amended so as to read as follows :

8 714. When the jury have agreed on their verdict, they must deliver it publicly to the court, which must enter it in its minutes.

Section seven hundred and fifteen is amended so as to read as follows: 8715. The jury cannot be discharged after the cause is submitted Jurs, dis,

charge of. *So in original.

be read to defendant,

return

tion.

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to them, until they have agreed upon and rendered their verdict, unless, for some cause within the meaning of sections four hundred and twenty-eight and four hundred and twenty-nine, the court sooner discharge them.

Section seven hundred and twenty-one is amended so as to read as

follows: Form of § 721. When a conviction is had upon a plea of guilty, or upon a record of trial, the court must make and sign a certificate in substantially the

following form :

“ Court of special sessions or police court.
“County of Albany, town of Berne, for as the case may be.]
“The People of the State of New York

against
A. B.

January 1, 18
“ The above named A. B., having been brought before C. D., justice
of special sessions, justice of the peace, for other magistrate as the case
may be) or police justice of the town, Tor city or village) of (as the
case may be charged with [briefly designating the offense).

And, having thereupon pleaded guilty or not guilty, (or as the case may be] and demanded (or 'failed to demand,' as the case may bel a jury, and having been thereupon duly tried, and upon such trial duly convicted. It is adjudged that he be imprisoned in the jail of this county

days (or ‘pay a fine of dollars and be imprisoned until it be paid, not exceeding days,' or both as the case may be]. • Dated at the town (or 'city,'] of

the

day of eighteen hundred and

C. D. Justice of the peace or police justice or other magistrate [as the case may be) of the town for 'city'] of (as the case inay be).”

Section seven hundred and thirty-eight is amended so as to read as as follows:

“$ 738. The undertaking must be in substantially the following form:

A. B., having been duly charged before C. D. a justice of the

peace in the town or city] of [as the case may be) with the ofappeal. fence* of [desiguating the offence* generally] We undertake jointly and

generally that he shall appear thereon from time to time, until judgment, at a court of special sessions in the town, or village (or city) of

(as the case may be] competent to try the case, or that he will pay to the county of [naming the county in which the court is held) the sum of dollars, [inserting the sum fixed by the magistrate]

“ Dated at the town (or city] of (as the case may be]

Section seven hundred and fifty is amended so as to read as follows: Appeal § 750. An appeal may be allowed for an erroneous decision or de

termination of law or fact upon the trial.

Section seven hundred and sixty-four is amended so as to read as follows:

§ 764. After hearing the appeal the court must give judgment ou appeal.

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Form of undertaking in

when allowed.

without regard to technical errros or defects which have not prejudiced the substantial rights of the defendants, and may render the judgment which the court below should bave rendered, or may, according to the

*So in original.

Judgment

coroner's warrant.

66

sition]

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justice of the case affirm or reverse the judgment, in whole or in part, as to all or any of the defendants, if there be more than one, or may order a new trial, or may modify the sentence.

Section seven hundred and eighty-one is amended so as to read as follows:

$ 781. The coroner's warrant must be in substantially the following form of form :

"County of Albany (or as the case may be.]
“In the name of the people of the state of New York :
" To any peace officer in this state:

" An inquisition having been this day found by a coroner's jury, before me, stating that A. B. has come to his death by the act of C. D. by criminal means (or as the case may be, as found by the inqui

" You are therefore commanded forth with to arrest the above-named C. D. and take him before the nearest or most accessible magistrate in this county.

“ Dated at the city of Albany (or as the case may be] the day of eighteen hundred and

E. F.,

Coroner of the county of Albany, (or as the case may be].

Section seven hundred and ninety-seven is amended so as to read as follows: $ 797. The warrant must be in substantially the following form: Forn of

County of Albany (or as the case may be). “In the name of the people of the state of New York :

“ To any peace officer in the county of Albany, (or as the case may be proof by affidavit having been this day made before me, by [naming every person whose affidavit has been taken), that [stating the particular grounds of the application, according to section seven hundred and ninety-two or if the affidavit be not 'positive that there is probable cause for believing that, stating the ground of the application in the same manner).

“You are therefore commanded in the day time, [oró at any time of the day or night,' as the case may be, according to section eight hundred and one), to make immediate search on the person of C. D., (or

in the building situated,' describing it, or any other place to be searched, with reasonable particularity as the case may be,] for the following property : [describing it with reasonable particularity), and if you find the same, or any part thereof, to bring it forth with before me at [stating the place).

Dated at the city of Albany (or as the case may be,] the day of eighteen hundred

search warrant.

E, F.,

Justice of the peace of the city (or town] of (or as the case may be)."

Section eight hundred and fifty-three is amended so as to read as follows:

$ 853. During the examination and until the defendant is discharged Defendant by the magistrate, he must remain in the custody of the officer who in custody arrested him, unless an undertaking have been given for his appear-uness

undertakance, as provided in sections eight hundred and forty-four and eight ing be hundred and forty-nine; and when committed to prison, he must be given. actually confined therein.

remain

Record of conviction to be filed in office of county clerk, etc.

Ibid

Section eight hundred and ninety-two is amended so as to read as follows:

$ 892. The magistrate must immediately cause the certificate, which constitutes the record of conviction, to be filed in the office of the clerk of the county, and must, by a warrant signed by him with his name of office, commit the vagrant, if not a notorious offender, and a proper object for such relief, to the county poorhouse, if there be one, or to the almshouse or poorhouse of the city, village or town, for not exceeding six months at hard labor, or if the vagrant be an improper person to be committed, he must be committed for a like term to the county jail, or in the city of New York to the city prison or penitentiary of said city, or in the county of Kings to the penitentiary of that county.

Section nine hundred and three of said act is amended so as to read as follows:

$ 903. The magistrate must immediately cause the certificate which constitutes the record of conviction to be filed in the office of the clerk of the county, and must, by a warrant signed by him with his name of office, commit the defendant to the county jail, or in the city of New York to the city prison or penitentiary of that city, or in the county of Kings to the penitentiary of that county, for not exceeding six months at hard labor, or until he give the security prescribed in section nine hundred and one.

Section eight hundred and ninety-four is amended so as to read as follows:

$ 894. It is the duty of every peace officer of the county, city, village, or town, where a person described in the seventh subdivision of section eight hundred and eighty-seven is found, to arrest and take him before a magistrate mentioned in section eight hundred and cighty-eight, to be proceeded against as a vagrant.

$ 2. The heading of chapter two of title five of part one is amended so as to read as follows:

“ Courts of sessions in counties other than New York and Kings. That of chapter three of the same title so as to read as follows:

The court of general sessions in the city and county of New York and the court of sessions in the county of Kings.

That of title ten of part four by making it read title XI.
And that of title eleven of the same part by making it read title XII.

$ 3. Sections six hundred and ninety-six, six hundred and ninety-
seven, six hundred and ninety-eight, eight hundred and thirty-six and
eight hundred and thirty-seven, are repealed.
§ 4. This act shall take effect immediately.

Arrest of vagrants,

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CHAP 861.

AN ACT in relation to fares for carrying passengers on street railroads in the city of Buffalo.

ASSED June 24, 1882 ; three-fifths being present. The People of the State of New York, represented in Senate and

Assembly, do enact as follows: Tickets to SECTION 1. The several street railroad companies in the city of be kept for sale at Buffalo shall keep for sale on all cars running on its roads passenger

tickets, in packages of not more than five each, which shall be sold at

five cents each.

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