§ 148. When an information is laid before a magistrate, of the commission of a public offence, he must examine on oath the informant or prosecutor, and any witnesses he may produce, and take their depositions in writing, and cause them to be subscribed by the parties making them.

Substantially the same as 2 R. S., 3d ed. 793, sec. 2.

§ 149. The depositions must set forth the facts stated by the prosecutor and his witnesses, tending to establish the commission of the offence and the guilt of the defendant.

This section is intended to obviate the loose practice in use in the taking of depositions, by which, instead of stating the particular facts, conclusions of law are stated. It is very common, for example, to state in cases of larceny, nothing more, than that the property was feloniously stolen, taken and carried away, and that the complainant suspects that it was so stolen, &c., by the person charged. To sustain an indictment for perjury on the affidavit, if false, the particular matters of fact should be stated; leaving the conclusion of law to the magistrate.

§ 150. If the magistrate be satisfied therefrom, that the offence complained of has been committed, and that there is reasonable ground to believe that the defendant has committed it, he must issue a warrant of arrest.

Substantially the same as 2 R. S., 3d ed. 793, sec. 3.

§ 151. A warrant of arrest is an order in writing in the name of the people, signed by a magistrate, commanding the arrest of the defendant, and may 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, [or in the county of Albany, or as the case may be, as provided in sections 155 and 156.]

"Information upon oath having been this day laid before me, that the crime of, [designating it, has been committed, and accusing C. D., thereof,

"You are therefore commanded, forthwith to arrest the above named C. D., and bring him before me, at— [naming the place,] or in case of my absence or inability to act, before the nearest or most accessible magistrate in this county.

"Dated at the City of Albany, [or'as the case may be,]

this

day of

1850."

E. F. Justice of the peace,
[or as the case may be.]

§ 152. The warrant must specify the name of the defendant, or if it be unknown to the magistrate, the defendant may be designated therein by any name. It must also state an offence in respect to which the magistrate has authority to issue the warrant, and the time of issuing it, and the city, town or village where it is issued, and be signed by the magistrate with his name of office.

§ 153. The warrant must be directed to, and executed by, a peace officer.

§ 154. A peace officer is a sheriff of a county, or a constable, marshal or policeman of a city, town or village.

§ 155. If the warrant be issued by a judge of the supreme court, or of the superior court or court of common pleas, in the city and county of New-York, or by a county judge, or by the presiding judge of a city court, it may be directed generally to any sheriff, constable, marshal or policeman in the state, and may be executed by any of those officers to whom it may be delivered.

§ 156. If it be issued by any other magistrate, it may be directed generally to any sheriff, constable, marshal or policeman in the county in which it is issued, and may be executed in that county; or if the defendant be in another county, it may be executed therein, upon the written direction of a magistrate of that county endorsed upon the warrant, signed by him, with his name of office, and dated at the city, town or village where it is made, to the following effect: "This warrant may be executed in the county of Monroe," [or as the case may be.]

157. The endorsement mentioned in the last section, cannot, however, be made, unless upon the oath of a credible witness, in writing, endorsed on or annexed to the warrant, proving the hand writing of the magistrate by whom it was issued. Upon this proof,

the magistrate endorsing the warrant is exempted from liability to a civil or criminal action, though it afterwards appear that the warrant was illegally or improperly issued.

The last three sections are in substantial conformity with 2 R. S, 3d ed., 793. sec. 4-6.

§ 158. If the offence charged in the warrant be a felony, the officer making the arrest must take the defendant before the magistrate, who issued the warrant, or some other magistrate in the same county, as provided in section 162.

Substantially the same as 2 R. S., 31 ed., 794, sec. 11.

§ 159. If the offence charged in the warrant be a misdemeanor, and the defendant be arrested in another county, the officer must, upon being required by the defendant, take him before a magistrate in that county who must admit the defendant to bail, and take bail from him accordingly.

Substantially the saine as 2 R. S. 3d ed. 793, sec. 8.

§ 160. On taking bail, the magistrate must certify that fact on the warrant, and deliver the warrant and undertaking of bail to the officer having charge of the defendant. The officer must then discharge the defend`ant from arrest, and must without delay, deliver the warrant and undertaking to the clerk of the court at which the defendant is required to appear.

Substantially the same as 2 R. S., 3d ed., 791, sec. 9.

§ 161. If, on the admission of the defendant to bail, as provided in section 159, bail be not forthwith given, the officer must take the defendant before the magistrate who issued the warrant, or some other magistrate in the same county, as provided in the next section.

Substantially the same as 2 R. S., 3d ed., 794, sec. 10.

§ 162. When, by the preceding sections of this chapter, the defendant is required to be taken before the magistrate who issued the warrant, he may, if the magistrate be absent or unable to act, be taken before the nearest or most accessible magistrate in the same county. The officer must, at the same time, deliver to the magistrate, the warrant with his return endorsed and subscribed by him.

Founded upon and the same in principle as 2 R. S., 3d ed., 794, sec. 12.

§ 163. The defendant must, in all cases, be taken before the magistrate without unnecessary delay.

§ 164. If the defendant be taken before a magistrate other than the one who issued the warrant, the depositions on which the warrant was granted must be sent to that magistrate, or if they cannot be procured, the prosecutor and his witnesses must be summoned to give their testimony anew.

The last two sections are new, but necessary to carry out the spirit of the previous secti ns.