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§ 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 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 of

dollars ; 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. — The qualifications of bail are as follows:

1. He must be a resident, and a horse holder or freeholder within the state, and, unless the mag state 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 tiine 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 requiring 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, 289; 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 reluced to writing, and must be subscribed by them.

$ 674. 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 forth with 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 :”] “Ā. 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 forth with 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

bench-warrant must, if required, take the defendant before a magistrate in the county in which it is issued, or in which he is arrested, for the purpose of giving bail as prescribed in sections 302 and 305.

s 579. In felony, to deliver him into custody:If the crime charged in the indictment be a felony, the officer arresting the defendant must deliver him into custody, according to the command of the bench-warrant, as prescribed in section 301.

§ 580. Taking bail, when offense is bailable. When the defendant is so delivered into custody, if the felony charged be bailable, and the amount of bail have been fixed, bail may be taken by the judge presiding in the court in which the indictment was found, or to which it is sent or removed, or by any magistrate in the county belonging to the class mentioned in the second subdivision of section 557.

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581. Bail, how put in. Form of undertaking. 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 day of

18 in the court of sessions of the county of Albany, [or 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. ]

$ 582. Sections applicable hereto.-The provisions contained in sections 569 to 577, both inclusive, apply to the qualifications of the sureties, and to all the proceedings respecting the putting in and justification of bail, and incidental thereto.

ARTICLE IV.

BAIL UPON AN APPEAL.

SEC. 583. Who may admit to bail.

584. Notice of the application, when required.

585. Qualifications of bail, and how put in. § 583. Who may admit to bail.- In the cases in which the defendant may be admitted to bail upon an appeal, as provided in section 556, the order admitting him to bail may be made, either by the court from which the appeal is taken, or the presiding judge thereof, or by the appellate court, or a judge thereof, or by a judge of the supreme court.

Peo. v. Bowe, 58 How. Pr., 393.

§ 584. Notice of the application, when required. The court or officer to whom the application for bail is made may require such notice thereof as he deems reasonable, to be given to the district attorney of the county in which the verdict or judgment was originally rendered.

§ 585. Qualifications of bail, and how put in.The sureties must possess the qualifications, and the bail must be put in all respects, in the manner prescribed by sections 569 to 577, both inclusive; except that the undertaking must be to the effect that the defendant will, in all respects, abide the orders and judgment of the appellate court upon the appeal.

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