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may direct.

tu bail.

that when the judgment is of death the appeal stays the execution of course until the determination of the appeal.

And the appellate court may order a new trial if it be satisfied that the verdict against the prisoner was against the weight of evidence or against law, or that justice required a new trial, whether any exception shall have been taken or not in the court below.

Section five hundred and twenty-eight is amended so as to read as follows :

$ 528. An appeal to the court of appeals, from a judgment of the supreme court, affirming a judgment of conviction, stays the execution of the judgment appealed from, upon filing, with the notice of appeal, a certificate of a judge of the court of appeals or of the supreme court, that in his opinion there is reasonable doubt whether the judgment should stand, but not otherwise, except that when the judgment is of death the appeal stays the execution of course until the determination of the appeal.

Section five hundred and forty-six is amended so as to read as

follows: Judgment $ 546. On a judgment of affirmance against the defendant, the ance, how original judgment must be carried into execution as the appellate to be car court may direct, and if the defendant be at large, a bench warrant effect. may be issued for his arrest. If a judgment be corrected, the cor

rected judgment must be carried into execution as the appellate court

Section five hundred and fifty-two is amended so as to read as

follows: Admitting $ 552. The defendant cannot be admitted to bail except by a judge

of the supreme court or by a court of oyer and terminer where he is charged,

1. With a crime punishable with death, or

2. With the infliction of a probably fatal injury upon another, and under such circumstances, as that, if death ensue, the crime would be murder.

Section five hundred and fifty-four is amended so as to read as follows:

$ 554. Before conviction, a defendant may be admitted to bail :

i. For his appearance before the magistrate on the examination of the charge, before being held to answer.

2. To appear at the court to which the magistrate is required by section two hundred and twenty-one to return the depositions and

statements upon the defendant being held to answer after examination. Ibid. 3. After indictment either upon the bench warrant issued for his

arrest or upon an order of the court committing him or enlarging the amount of bail, or upon his being surrendered by his bail, to answer the indictment in the court in which it is found, or to which it may be sent or removed for trial. And any captain or sergeant of police in any city or village of this state may take bail for appearance before a competent and accessible magistrate the next morning from any person arrested for a misdemeanor between two o'clock in the after. noon and eight o'clock the next morning, if a magistrate competent to take the bail be not found within an hour after the arrest. When such captain or sergeant of police takes bail he must take it by an undertaking in the form in this section mentioned, execated in his presence by the defendant and at least one surety, who must justify under oath and for that purpose the officer may administer the oath. The amount of bail taken by a captain or sergeant of police under

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this section must be as follows: If the offense be the violation of a corporation ordinance, the amount of the bail must be one hundred dollars, except that if a conviction upon the charge would render the defendant liable only for a fine, the amount of the bail must be double the largest fine that could be imposed ; if the conviction would render him liable to imprisonment for thirty days or less, the amount of bail must be two hundred dollars. In all other cases the amount of bail - must be five huudred dollars. The form of the undertaking must be as follows:

We, A. B., defendant, and residing at number in Form of and C. D., defendant, residing at hereby jointly and severally under.

taking. undertake that the above A. B., defendant, shall appear and answer the complaint (describing it briefly) before the magistrate before whom he would be arraigned if not bailed on the

day of

eighteen hundred and at o'clock, to answer to the complaint, and there remain to answer, subject to any order of the magistrate, and render himself in execution thereof, or if he fail to perform either of these conditions, then we will pay to the people of the state of New York the sum of

Section five hundred and fifty-seven is amended so as to read as follows:

$ 557. When the defendant has been held to answer, as provided in Ibid section two hundred and eight, the admission to bail may be by the magistrate by whom he is so held, if he be one of the magistrates mentioned in section one hundred and forty-seven, and the crime charged is a misdemeanor, or a felony punishable with imprisonment, not exceeding five years; or if he be a judge of the supreme court; or any judge authorized to preside in a court having jurisdiction to try indictments, in all cases where bail may be taken, before conviction, as provided in section five hundred and fifty-four.

Section five hundred and sixty-eight is' amended so as to read as follows:

& 568. Bail is put in by written undertaking executed by sufficient Form of surety (with or without the defendant, in the discretion of the magis- taking. trate) and acknowledged before the magistrate in substantially the following form: An order having been made on the

eighteen hundred and by A. B. a justice of the peace of the town of [or as the case may be] that C. D. be held to answer upon a charge of [stating briefly the nature of the crime), upon which he has been duly admitted to bail in the sum of dollars.

“We [C. D., defendant, if the defendant join in the undertaking), of [stating his place of residence and his occupation) and E. F. (and G. H., stating place of residence and occupation), surety or sureties (as the case may be), hereby undertake, jointly and severally, that the above-named C. D. shall appear and answer the charge above mentioned, in whatever court it may be prosecuted; 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 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 five hundred and seventy-seven is amended so as to read as follows:

day of

id.

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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

, eighteen hundred and in the court of sessions of the county of Albany for 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 prosecuted, 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 on notice. the district attorney of the county served with copies of ëhe 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 penddesendant. 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 forfeiture of his bail, or of money deposited instead thereof, its 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:

$ 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

, eighteen hundred and

by the court of [naming 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

Court may direct arrest of

Form of under

into in

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

“We, A. B., defendant lif 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 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 listine 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 so 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 defendant. 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 defendant. 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 Ventre 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 such 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, Fallure to as required by section seven hundred and four, he may be punished by retire

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 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: 8 715. The jury cannot be discharged after the cause is submitted Jurs, dis,

charge of. *So in original.

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, (or 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, (or 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 be] 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 (or "city'] of (as the case may 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: Form of A. B., having been duly charged before C. D. a justice of the undertaking in 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 deallowed. termination of law or fact upon the trial.

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

follows: Judgment $ 764. After hearing the appeal the court must give judgment ou appeal. 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 have rendered, or may, according to the

*So in original.

when

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