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, as provided in section 655:

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 323.

§ 662. The order for the re-commitment of the defendant must recite, generally, the facts upon which it is founded, and direct that the defendant be arrested by any sheriff, constable, marshal or policeman in this state, and committed to the officer to whose custody he was committed, at the time he was admitted to bail, to be detained until legally discharged.

§ 663. The defendant may be arrested pursuant to the order, upon a certified copy thereof, in any county, in the same manner as upon a warrant of arrest; except, that when arrested in another county, the order need not be endorsed by a magistrate of that county.

§ 664. If the order recite, as the ground upon which it is made, the failure of the defendant to appear for judgment upon conviction, the defendant must be committed, according to the requirement of the order.

§ 665. If the order be made for any other cause, and the offence be bailable, the court may fix the amount of bail, and may direct in the order, that the defendant be admitted to bail in the sum fixed, which must be specified in the order.

§ 666. When the defendant is admitted to bail, the bail may be taken by any magistrate in the county, having authority, in a similar case, to admit to bail upon the holding of the defendant to answer before indictment, as prescribed in sections 618 and 619, or by any other magistrate to be designated by the court.

§ 667. When bail is taken upon the re-commitment of the defendant, the undertaking of bail must be in substantially the following form:

day of

"An order having been made on the 1850, 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 of New-York, upon an [information presentment, indictment, or appeal, as the case may be,]

"We, C. D., of [stating his place of residence and occupation,] and E. F., of [stating his place of residence and occupation,] hereby 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.]

§ 668. The bail must possess the qualifications, and must be put in, in all respects, in the manner prescribed by sections 631 to 639, both inclusive.

CHAPTER II.

COMPELLING THE ATTENDANCE OF WITNESSES.

SECTION 669. Subpoena, defined.

670. Magistrate may issue subpoenas, on information or presentment. 671. District attorney may issue subpœnas for witnesses before grand

jury.

672. He may also issue subpoenas, for the people, on trial of an indictment. 673. Clerk may issue blank subpoenas, for witnesses for defendant, on trial. 674. Form of subpoena.

675.

Requirement in subpœna, to produce books, papers and documents. 676. Subpoena, by whom served.

677. How served.

678, 679. Payment of expenses of witness, when he is from without the county, or is poor.

680. Witnesses residing or served with subpœna, out of the county, when and how compelled to attend.

681. Disobedience to subpoena, or refusal to be sworn or to testify, how

punished.

682. Witness for defendant, disobeying a subpœna, to forfeit fifty dollars.

§ 669. The process by which the attendance of a witness, before a court or magistrate is required, is a subpœna.

§ 670. A magistrate, before whom an information is laid, or to whom a presentment of a grand jury is sent,

may issue subpoenas, subscribed by him, for witnesses. within the state, either on behalf of the people or of the defendant.

The power contained in this section, is not now expressly conferred, but is indispensably necessary.

§ 671. The district attorney of the county may issue subpoenas, subscribed by him, for witnesses within the state, in support of the prosecution or for such other witnesses as the grand jury may direct, to appear before the grand jury, upon an investigation pending before them.

§ 672. The district attorney may, in like manner, issue subpoenas subscribed by him, for witnesses within the state, in support of an indictment, to appear before the court at which it is to be tried.

The power of the district attorney, as it now exists, to issue subpoenas, is conferred by the section of the revised statutes, which provides, that "the district attorney of every county, shall have power to issue subpoenas for witnesses in support of any prosecution, to appear at any court, without the seal of such court; and every such subpoena, subscribed by the district attorney issuing the same, shall be as valid and effectual, as if the seal of the court, at which any witness named therein, is required to appear, had been affixed thereto." 2 R. S. 3d. ed. 815, sec. 64.

The last two sections extend this power, to the case of witnesses before the grand jury, as well as before the court; and in the former case, make it the duty of the district attorney to issue subpoenas to witnesses, not merely on the part of the people, but to such other witnesses as the grand jury may direct. This provision is in accordance with sec. 261, p. 130.

§ 673. The clerk of the court at which an indictment is to be tried, must, at all times, upon the application of the defendant, and without charge, issue as many blank subpoenas, under the seal of the court and subscribed by him as clerk, for witnesses within the state, as may be required by the defendant.

In substantial conformity with 2 R. S., 3d ed. 814, 815, sec. 60-63.

§ 674. A subpoena, authorised by the last four sections must be substantially in the following form:

"In the name of the people of the state of New-York: To A. B.

"You are commanded to appear before C. D. a justice of the peace of the town of , [or "the grand jury

of the county of

the county of

or "the court of sessions of

or as the case may be,] at

[naming the place,] on [stating the day and hour,] as a witness in a criminal action prosecuted by the people of the state of New-York, ga inst E. F.

"G. H., justice of the peace," [or "I. K., district attorney," or "By order of the court, L. M., clerk," as the case may be.]

§ 675. If books, papers or documents be required, a direction to the following effect must be contained in the subpoena: "And you are required also, to bring with you the following," [describing intelligibly the books, papers or documents required.]