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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 18 by the court of (naming the conrt,) 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 Istating 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 subpænas, on information or

presentment. 609. District attorney may issue subpænas for witnesses

before grand jury. 610. He may also issue subpenas, for the people, on trial

of an indictment. 611. Clerk may issue blank subpænas, for witnesses for

defendant, on trial. 612. Form of subpæna. 613. Requirement in subpæna, to produce books, papers

and documents. 614. Subpæna, by whom served. 615. How served. 616. Payment of expenses of witness, when he is from with

out the county, or is poor. 617. County treasurer to pay on order. 618. Witnesses residing or served with subpera, out of the

county, when and how compelled to attend. 619. Disobedience to subpena, 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 subpæna.

$ 608. Magistrate may issue subpoenas, for witnesses before grand jury. - A magistrate, before whom an information is laid, may issue subpænas, 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 subpænas, 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 subpænas 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 subpænas, 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 subpona.-A subpæna, authorized by the last four sections, must be substantially in the following forın :

“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

or “the court of sessions of the county 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

[as the case may be,] the day of 18

“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. Subpæna duces tecum.

If books, papers or documents be required, a direction to the following effect must be contained in the subpena: “And you are l'equired 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 subpæna may, however, be served by any other person.

§ 615. How served.--A subpæna is served,by delivering it, or by showing it, and delivering a copy thereof, to the witness personally.

$ 616. Paymənt of witness, when from without the county, or is poor.When a person attends before a magistrate, grand jury or court, as a witness on behalf of the people, upon a subpæna, or pursuant to an undertaking, and it appears that he has come from a place out of the county, or that he is poor, the court, if the attendance of the witness be upon a trial, by an order entered upon its minutes, or in any other case, the county judge, cr in the city of New York, the recorder or city judge, or judge of the general sessions of that city, by a written order, may direct the county treasurer to pay the witness a reasonable sum, to be specified in the order, for his expenses.

§ 617. County treasurer to pay on order.—Upon the production of the order, or a certified copy thereof, the county treasurer must pay the witness the sum specified therein, out of the county treasury

$ 618. Witnesses out of the county, how com. pelled to attend.-No person is obliged to attend as a witness, before a court or magistrate out of the county where the witness resides or is served with the subpæna, unless the judge of the court in which the crime is triable, or a judge of the supreme court, or a county judge, or in the city of New York, the recorder or city judge, or judge of the general sessions of that city, upon an affidavit of the prosecutor or district attorney, or of the defendant or his counsel, stating that he believes that the evidence of the witness is material, and his attendance at the examination or trial necessary, shall endorse on the subpæna an order for the attendance of the witness.

§ 619. Disobedience to subpoena, how punished.Disobedience to a subpæna, or a refusal to be sworn or to testify, may be punished by the court or magistrate, as for a criminal contempt in the manner provided in the Code of Civil Procedure.

See Code Civil Proc., $ 8–13, 853–863 Witness is to be allowed a reasonable time to attend. Wilkie v. Chadwick, 13 Wend., 49. Extreme poverty will excuse non-attendance. Peo. v. Davis, 15 Wend., 602. When subpoena is defective. Peo. v. Dutcher, 3 Abb. N. S., 151. When not. Peo. v. Van Wyck, 2 Cai., 233. A refusal of a witness to answer before grand jury, may be punished as a contempt in court. Peo. v. Kelly, 24 N. Y., 74; Peo. v. Fancher, 2 Hun, 226. Proof for an attachment against witness failing to answer need not be in writing. Baker v. Williams, 12 Barb., 527.

CHAPTER III.

EXAMINATION OF WITNESSES, CONDITIONALLY. SEC. 620. Witnesses to be examined conditionally, for the

defendant as provided in this chapter. 621. In what cases defendant may apply for order. 622. Application, on what facts to be founded. 623. If during term, to be made to the court. 624. If not during term, to whom to be made. 625. The order, when granted and what to contain. 626. If made by the court, may direct examination before

a judge or magistrate. If made by a judge, exam

ination to be before him. 627. On proof of service, if district attorney absent, exam

ination to proceed.' 628. If facts on which order was founded, be disapproved,

examination not to proceed. 629. Testimony, how taken and authenticated. 630. Deposition, how, by whom and when filed. 631. When it may be read in evidence. 632. When to be be excluded. 633. On reading the deposition, on trial, what objections

may be taken. 634. Attendance of witness for examination, how com

pelleil. 635. Disobedience of witness, how punished. § 620. Witnesses to be examined conditionally for the defendant. - When a defendant has been helio answer a charge of a crime, he may, either before or after indictment, have witnesses examined conditionally on his behalf, as prescribed in this chapter, and not otherwise.

$ 621. When defendant may apply for order.When a material witness for the defendant is about to leave the state, or is so sick or infirm, as to afford rea

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