320. If offence be bailable, order for bail to be endorsed on bench war.

rant.

321. Bench warrant, how served.

322. Proceedings on bench warrant, when defendant is brought before a

magistrate of another county.

323. Ordering defendant into custody, or increasing bail, when indictment is for felony.

324. Defendant, if present, to be committed; if not, bench warrant to issue.

325. Defendant appearing for arraignment without counsel, to be informed of his right to counsel.

326. Arraignment, how made.

327. Defendant to be informed, if the name in the indictmen! be not his

true name, he must then declare it.

328. If he give no other name, to be proceeded against by the name in the indictment.

329. If he give another name, subsequent proceedings to be had by that name, referring to name in the indictment.

330. Time allowed defendant to answer indictment.

331. How defendant may answer indictment.

§ 313. When the indictment is filed, the defendant must be arraigned thereon, before the court in which it is found, if it be triable therein, or if not, before the court to which it is sent or removed.

314. If the indictment be for a felony, the defendant must be personally present; but if for a misdemeanor only, his personal appearance is unnecessary, and he may appear upon the arraignment by counsel.

§ 315. When his personal appearance is necessary, if he be in custody, the court may direct the officer in whose custody he is, to bring him before it to be arraigned; and the officer must do so accordingly.

§ 316. If the defendant have been discharged on bail, or have deposited money instead thereof, and do not appear to be arraigned, when his personal attendance is necessary, the court, in addition to the forfeiture of

the undertaking of bail or of the money deposited, may direct the clerk to issue a bench warrant for his arrest.

The provisions of the four preceding sections, are substantially the same as the existing practice, except in reference to the deposit of money, instead of bail.

§ 317. The clerk, on the application of the district attorney, may accordingly at any time after the order, whether the court be sitting or not, issue a bench warrant into one or more counties.

§ 318. The bench warrant upon the indictment must, if the offence be a felony, be substantially in the following form:

"County of Albany, [or as the case may be.]

"In the name of the people of the state of New-York:

To

any sheriff, constable, marshal or policeman in this state. An indictment having been

found on the

day of 1850, in the court

[SEAL.] of sessions of the county of Albany, [or as the case may be,] charging C. D. with the crime of

[designating it generally.]

"You are therefore commanded, forthwith to arrest the above named C. D., and bring him before that court, for if the indictment have been sent or removed to another court, before the court of oyer and terminer of that county,[or as the case may be,] to answer the indictment; or if the court have adjourned for the term, that you deliver him into the custody of the sheriff of the county of Albany, [or as the case may be, or in the city and

county of New-York "to the keeper of the city prison

§ 319. If the offence be a misdemeanor, the bench warrant must be in a similar form, adding to the body thereof, a direction to the following effect: "or if he require it, that you take him before any magistrate in that county, or in the county in which you arrest him, that he may give bail to answer the indictment."

§ 320. If the offence charged be bailable, the court, upon directing the bench warrant to issue, must fix the amount of bail; and an endorsement must be made upon the bench warrant and signed by the clerk, to the following effect:-"The defendant is to be admitted to bail in the sum of dollars."

§ 321. The bench warrant may be served in any county, in the same manner as a warrant of arrest, except, that when served in another county, it need not be endorsed by a magistrate of that county.

§ 322. If the defendant be brought before a magistrate of another county for the purpose of giving bail, the magistrate must proceed in respect thereto, in the same manner as if the defendant had been brought before him upon a warrant of arrest, and the same proceedings may be had thereon, as provided in sections 158 to 161, both inclusive.

323. When the indictment is for a felony, and the defendant, before the finding thereof, has given bail 1 r his appearance to answer the charge, the court, to hich the indictment is presented, or sent or removed for trial, may order the defendant to be committed to actual custody, either without bail, or unless he give bail in an increased amount, to be specified in the order.

§ 324. If the defendant be present when the order is made, he must be forthwith committed accordingly. If he be not present, a bench warrant must be issued and proceeded upon, in the manner provided in this chapter.

§ 325. If the defendant appear for arraignment, without counsel, he must be informed by the court that it is his right to have counsel before being arraigned, and must be asked if he desire the aid of counsel.

This section is designed to protect the rights of the defendant and to carry out the principle already referred to in the note to sections 187 to 189, p. 84-87.

§ 326. The arraignment must be made by the court, or by the clerk or district attorney, under its direction, and consists in reading the indictment to the defendant, and delivering to him a copy thereof, and of the endorsements thereon, including the list of witnesses endorsed on it, or appended thereto, as provided in section 287, and in asking him whether he pleads guilty or not guilty to the indictment.

The same as the existing practice, except in requiring a copy of the indictment with the list of witnesses, to be delivered to the defendant upon his arraignment. No good reason is perceived, why the right secured to a party in a civil action, to be served with a copy of the pleading he is called upon to answer, should not be extended to criminal cases.

§ 327. When the defendant is arraigned, he must be informed that if the name by which he is indicted be not his true name, he must then declare his true name, or be proceeded against by the name in the indictment.

§ 328. If he give no other name, the court may proceed accordingly.

§ 329. If he allege that another name is his true name, the court must direct an entry thereof in the minutes of the arraignment; and the subsequent proceedings on the indictment may be had against him, by that name, referring also to the name by which he is indicted.

The last three sections are designed to obviate the necessity of a plea of misnomer, and at the same time to protect the rights of the defendant. A provision, similar in principle, is contained in Liv. Crim. Code, 523, art 280.

§330. If, on the arraignment, the defendant require it, he must be allowed until the next day, or such further time may be allowed him, as the court may deem reasonable, to answer the indictment.

§ 331. If the defendant do not require time, as provided in the last section, or if he do, then on the next day, or at such further day as the court may have al