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in the last section, the district attorney may, after the adjournment of the court, proceed against any surety upon his undertaking. Such proceeding shall be by action only, except in the city and county of New York, where it shall be in the method now prescribed by special statute.

§ 596. Deposit when forfeited, how disposed of. -If, by reason of the neglect of the defendant to appear, as provided in section 593, money deposited instead of bail is forfeited, and the forfeiture be not discharged or remitted, as provided in sections 594 and 597, the county treasurer with whom it is deposited may at any time after the final adjournment of the court apply the money deposited to the use of the county.

§ 597. Remission of forfeiture.-After the forfeiture of the undertaking or deposit, as provided in this article, the court directing the forfeiture, the county court of the county, or in the city of New York, the court of common pleas of that city, may remit the forfeiture or any part thereof, upon such terms as are just.

Peo. v. Spear, 1 N. Y. Cr., 538.

§ 598. Application therefor, and terms.-The application must be upon at least five days' notice to the district attorney of the county served with copies of the affidavits and papers on which it is founded, and can be granted only upon payment of the costs and expenses incurred in the proceedings for the enforcement of the forfeiture.

ARTICLE VIII.

RE-COMMITMENT OF THE DEFENDANT, AFTER HAVING GIVEN BAIL, OR DEPOSITED MONEY INSTEAD OF BAIL.

SEC. 599. In what cases.

600. Contents of the order.

601. Defendant may be arrested in any county.

602. If for failure to appear for judgment, defendant must be committed.

603. If for other cause, he may be admitted to bail.

604. Bail in such case, by whom taken.

605. Form of the undertaking.

606. Qualifications of bail, and how put in.

§ 599. In what cases.-The court to which the committing magistrate returns the deposition and statement, or in which an indictment or appeal is pending, or to which a judgment on appeal is remitted to be carried into effect, may, by an order entered upon its minutes, or if the court be not in session, any judge thereof may direct the arrest of the defendant, and his commitment to the officer to whose custody he was committed at the time 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 593.

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 306.

§ 600. Contents of the order.-The order for the recommitment 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.

§ 601. Defendant may be arrested in any county. -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.

§ 602. For failure to appear for judgment, defendant must be committed. 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.

$ 603. For other cause, he may be admitted to bail. If the order be made for any other cause, and the

crime 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.

§ 604. Bail in such case, by whom taken.-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 557 and 558, or by any other magistrate to be designated by the court.

§ 605. Form of the undertaking.—When bail is taken upon the recommitment of the defendant, the undertaking of bail must be in substantially the following form: "An order having been made on the day of

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18 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 peopie of the state of New York, upon an [information, presentment, indictment, or appeal, as the case may be.]

"We A. B., defendant (if the defendant join in the undertaking,) and C. D., surety of [stating his place of residence and occupation,] and E. F., surety of stating his place of residence and occupation,] hereby jointly and severally, 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 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.]

§ 606. Qualifications of bail.-The bail must possess the qualifications, and must be put in, in all respects, in the manner prescribed by sections 569 to 577, inclusive.

CHAPTER II.

COMPELLING THE ATTENDANCE OF WITNESSES.

SEC. 607. Suppona, defined.

608. Magistrate may issue subpoenas, on information or presentment.

609. District attorney may issue subpoenas for witnesses before grand jury.

610. He may also issue subpoenas, for the people, on trial of an indictment.

611. Clerk may issue blank subpoenas, for witnesses for defendant, on trial.

612. Form of subpoena.

613. Requirement in subpoena, to produce books, papers and documents.

614. Subpoena, by whom served.

615. How served.

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

617. County treasurer to pay on order.

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

619. Disobedience to subpoena, or refusal to be sworn or to testify, how punished.

607. Subpoena, defined. The process by which the attendance of a witness, before a court or magistrate is required, is a subpœna.

§ 608. Magistrate may issue subpoenas, for witnesses before grand jury.-A magistrate, before whom an information is laid, may issue subpoenas, subscribed by him, for witnesses within the state, either on behalf of the people or of the defendant.

§ 609. District attorney may issue subpoenas for witnesses before grand jury. 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.

§ 610. Id.; for trials.-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.

§ 611. Clerk may issue blank subpoenas for witnesses for defendant, on trial.-The clerk of a 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.

§ 612. Form of subpœna.-A subpoena, authorized 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.

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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

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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, against E. F.

"Dated at the town of

the day of

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, [as the case may be,]

"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.]

§ 613. Subpoena duces tecum. - 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.]

§ 614. Subpoena, by whom served.—A peace officer must serve, in his county, city, town or viltage, as the case may be, any subpoena delivered to him for service, either on the part of the people or of the defendant; and must make a written return of the service, subscribed by him, stating the time and place of service, without delay. A subpœna may, however, be served by any other person.

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