559. At what time defendant may be admitted to bail by a magistrate. 560. In cities, if crime be felony, application for admission to bail must be on notice. 561. Form of order, if made by the court. 562. Form of order, if made by a magistrate. 563. If application be denied by a magistrate, no subse quent application can be made to another magis trate. 564. Violation of last section a misdemeanor. Admission to bail in such case, how revoked or vacated. 565. Construction of last two sections. 566. Decision final. 567. Bail, by whom taken. 568. How put in; and form of undertaking. 570-572. Bail, how to justify. 573. Bail may be examined as to sufficiency. 574. Other testimony may be received as to their sufficiency. 575. Decision as to their sufficiency; and filing affidavits of justification and undertaking. 576. On allowance of bail, and execution of undertaking, defendant to be discharged. Form of discharge. 577. If bail disallowed. § 557. Who may admit to bail.-When the defendant has been held to answer, as provided in section 208, the admission to bail may* 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 cenviction, as provided in section 554. Peo. v. Dutcher, 83 N. Y., 240. § 558. Id. When, by reason of the degree of the crime, the committing magistrate has not authority to ad.nit to bail, the defendant may be admitted to bail by one of the officers having authority to admit to bail in the case, as provided in the second subdivision of the last section, or by the court to which the depositions and statements are returned by the committing magistrate, as provided in section 221, if the case be triable therein, or if not, by the court to which, after indictment, it may be sent or removed for trial. § 559. When magistrate may bail.-The defendant may be admitted to bail by a magistrate, as provided in the last two sections, upon being held to answer, * Sic. or at any time before the return of the depositions and statement, to the court. After that time he can be admitted to bail, only by a judge presiding in the court in which the crime is triable, if it be sitting, or if not, by one of the magistrates mentioned in the second subdivision of section 557. Court alone can bail while in session. Ex Parte Babcock, 2 Abb. Pr. N. S., 204. See Peo. v. Clews, 77 N. Y., 39; Peo. v. Mead, 28 Hun, 227; s. c., 92 N. Y., 415; Peo. v. Sherwin, 17 W. D., 125. § 560. When must be on notice. In the several cities of this state, if the crime charged be a felony, the application for admission to bail must be upon notice of at least two days, to the district attorney of the county, unless the magistrate by order fixes a shorter time; and the committing magistrate, upon the like notice, in writing, requiring him to do so, must transmit the depositions and statement, or a copy thereof, to the court or magistrate to whom the application for bail is to be made. - § 561. Form of order made by the court. If the application be to the court, an order must be made, granting or denying it, and if it be granted, stating the sum in which bail may be taken. § 562. Form of order made by a magistrate.— If the application be to a magistrate, he must certify, in writing, his decision granting or denying the same; and if he grant the application, must state in the certificate the sum in which bail may be taken; which certificate he must cause to be forthwith filed with the clerk of the court to which the depositions and statement are required to be sent. § 563. If application be denied.— If an application for admission to bail, made to a magistrate, be denied, not more than two subsequent applications therefor can be made to other magistrates, except that an application can be made to any magistrate mentioned in subdivision two of section 557, if no application has been previously made to a magistrate mentioned therein. See Peo. v. Cunningham, 3 Park., 531. § 564. Violation of last section.-A violation of the last section is punishable as a misdemeanor, and the admission of the defendant to bail contrary thereto may be revoked by the magistrate who made it, or vacated by the court to which the depositions and statement are or must be sent, as provided in section 221, or to which, after indictment, the action must be sent for trial. § 565. Construction of last two sections. — The provisions of the last two sections shall not be construed to limit the power of any judge presiding in the court in which the offense is triable to let the defendant to bail. § 566. When decision final.—The decision of the judge presiding in the court in which the crime is triable, granting or denying bail, is final, except as provided in section 563. § 567. Bail, by whom taken.- If the defendant be admitted to bail by a magistrate, the bail must be taken by the magistrate granting the order, unless the order shall specify that the same may be taken by some other designated magistrate. § 568. How put in; and form of undertaking.— Bail is put in, by a written undertaking, executed by sufficient surety (with or without the defendant, in the discretion of the magistrate), and acknowledged before the magistrate in substantially the following form : "An order having been made on the day of 18 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 dollars; of We, (C. D., defendant, if the defendant join in the undertaking), of (stating his place of residence and 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). § 569. Qualifications of bail. bail are as follows: The qualifications of 1. He must be a resident, and a house holder or freeholder within the state, and, unless the magistrate otherwise direct, within the county; 2. He must be worth the amount specified in the undertaking, exclusive of property exempt from execution; but the magistrate, on taking bail, may require two sureties, or may allow two or more to justify severally in amounts less than that expressed in the undertaking, if the whole justification be equivalent to that of one sufficient surety. Attorney cannot be surety. Rule 5, Sup. Ct. § 570. Bail, how to justify.-Except as prescribed in the next section, the bail may, in the exercise of a just discretion, be taken, and may justify, without notice to the district attorney, or reasonable notice of the intention to give bail may be required by the court or magistrate, to be given to the district attorney. When given, the notice shall be as prescribed in the next section. § 571. Notice of application for bail-In the several cities of this state, if the crime charged be a felony, a previous notice in writing of at least two days, of the time and place of giving the bail, must be served upon the district attorney of the county, stating: 1. The names, places of residence and occupations of the proposed surety or sureties; 2. A general description of the real or personal property of the surety or sureties, in respect to which they propose to justify as to their sufficiency, with the incumbrances thereon, by mortgage, judgment or otherwise, if any. The district attorney may waive the giving of the notice herein provided for, or a shorter time than two days may be directed by the court or magistrate requir ing the notice. §572. Affidavit of sureties.-The surety or sureties must in all cases justify by affidavit, taken before the magistrate. The affidavit must state that each of the sureties possesses the qualifications provided in section 569. See Stratton v. Peo., 20 Hun, 288; 81 N. Y., 629. § 573. Bail may be examined. The district attorney, or the magistrate, may thereupon further examine the sureties upon oath, concerning their sufficiency, in such manner as the magistrate may deem proper. The questions put to the sureties, and their answers must be reduced to writing, and must be subscribed by them. § 574. Decision as to their sufficiency. The magistrate may also receive other testimony, either for or against the sufficiency of the bail, and may from time to time adjourn the taking of bail, to afford an opportunity of proving or disproving its sufficiency. § 575. Filing affidavits and undertaking.—When the examination is closed, the magistrate must make an order, either allowing or disallowing the bail, and must forthwith cause the same, with the affidavits of justification, and the undertaking of bail, to be filed with the clerk of the court to which the depositions and statement must be sent, as prescribed in section 221. §576. Discharge.-Upon the allowance of the bail and the execution of the undertaking, the court or magistrate must make an order, signed by him, with his name of office, for the discharge of the defendant, to the following effect: "To the sheriff of the county of [or, in the city and county of New York, "to the keeper of the city prison of the city of New York: "] "A. B., who is detained by you on a commitment to answer a charge for the crime of, [designating it generally,] having given sufficient bail to answer the same, you are commanded forthwith to discharge him from your custody." § 577. If bail disallowed.-If the bail be disallowed, the defendant inust be detained in custody until lawfully discharged. ARTICLE III. BAIL, UPON AN INDICTMENT BEFORE CONVICTION. SEC. 578. In misdemeanor, officer to take defendant before a magistrate. 579. In felony, to deliver him into custody. 580. Taking bail, when offense is bailable. 581. Bail, how put in. Form of undertaking. 582. Sections applicable to qualifications of bail, to putting in and justifying bail, and to incidental proceedings. § 578. In misdemeanor, officer to take defendant before a magistrate.-When the crime charged in the indictment is a misdemeanor, the officer serving the |