the magistrate the warrant with his return indorsed and subscribed by him.

§ 165. Defendant in all cases to be taken before a magistrate without delay.-The defendant must in all cases be taken before the magistrate without unnecessary delay, and he may give bail at any hour of the day or night. In each of the cities of New York or Brooklyn a police justice to be designated from time to time by the mayors of those cities, respectively, must be in attendance at the police head-quarters of the city from four o'clock in the afternoon of each day to ten o'clock the next morning to take bail in proper cases, if bail be offered.

Cannot commit defendant for future hearing until he is brought before court. Pratt v. Hill, 16 Barb., 303.

§ 166. Magistrate other than the one who issued warrant. 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.

CHAPTER III.

ARREST BY AN OFFICER, UNDER A WARRANT.

SEC. 167. Arrest, defined.

168. By whom an arrest may be made.

169. Every person bound to aid an officer in an arrest.
170. Wh n the arrest may be made.

171. How an arrest is made.

172. No further restraint allowed, than is necessary.

173. Officer must state his authority, and show warrant, if required.

174. If defendant flee or resist, officer may use all necessary means to effect arrest.

175, 176. When officer may break open a door or window.

§ 167. Arrest defined.-Arrest is the taking of a person into custody that he may be held to answer for a crime. Illegal arrest. Peo. v. Rowe, 1 Sheld., 581.

§ 168. Who may arrest. -An arrest may be,
1. By a peace officer, under a warrant;
2. By a peace officer, without a warrant; or
3. By a private person.

§ 169. Every person bound to aid. Every person must aid an officer in the execution of a warrant, if the officer require his aid and be present and acting in its execution.

§ 170. When arrest may be made. If the crime charged be a felony, the arrest may be made on any day, and at any time of the day or during any night. If it be a misdemeanor, the arrest cannot be made on Sunday, or at night, unless by direction of the magistrate indorsed upon the warrant.

§ 171. How arrest made. An arrest is made by an actual restraint of the person of the defendant, or by his submission to the custody of the officer.

§ 172. No further restraint than necessary. — The defendant is not to be subjected to any more restraint than is necessary for his arrest and detention.

§ 173. Officer to state authority, and show warrant.The defendant must be informed by the officer that he acts under the authority of the warrant, and he must also show the warrant, if required.

§ 174. If defendant resist, officer may use necessary means to arrest. If, after notice of intention to arrest the defendant, he either flee or forcibly resist, the officer may use all necessary means to effect the arrest.

Conraddy v Peo., 5 Park., 234.

§ 175. When officer may break open a door or window. The officer may break open an outer or inner door or window of any building, to execute the warrant, if, after notice of his authority and purpose, he be refused admittance.

§ 176. Id. An officer may break open an outer or inner door or window of any building, for the purpose of liberating a person, who, having entered for the purpose of making an arrest, is detained therein, or when necessary for his own liberation,

CHAPTER IV.

ARREST BY AN OFFICER, WITHOUT A WARRANT.

8rc. 177. In what cases allowed.

178. May break open a door or window, if admittance
refused.

179. May arrest at night, on reasonable suspicion of felony.
180. Must state his authority, and cause of arrest, except
where party is committing felony or is pursued after
escape.
181. May take before a magistrate, a person arrested by a
by-stander for breach of the peace.

182. Magistrate may commit by verbal or written order, for
offenses committed in his presence.

§ 177. When arrest allowed. A peace officer may, without a warrant, arrest a person,

1. For a crime, committed or attempted in his pres

ence;

2. When the person arrested has committed a felony, although not in his presence;

3. When a felony has in fact been committed, and he has reasonable cause for believing the person to be arrested to have committed it.

See Peo. ex rel. Kingsley v. Pratt, 22 Hun, 300; Burns v. Erben, 40 N. Y., 463; Schneier v. McLane, 3 Keyes, 568; Harft v. McDonald, 1 C. C. R., 181; Meyer v. Clark, 9 J. & Sp., 107; Stemack v. Brooks, 7 Daly, 142; Peo. v. Pratt, 22 Hun, 300; McIntyre v. Radmus, 14 J. & Sp., 123.

§ 178. May break in, if admittance refused. — To make an arrest, as provided in the last section, the officer may break open an outer or inner door or window of a building, if, after notice of his office and purpose, he be refused admittance.

$179. When may arrest at night. He may also, at night, without a warrant, arrest any person whom he has reasonable cause for believing to have committed a felony, and is justified in making the arrest, though it afterward appear that a felony had been committed, but that the person arrested did not commit it.

180. To state authority, and cause, except in case of felony or pursuit. When arresting a person without a warrant the officer must inform him of the authority

of the officer and the cause of the arrest, except when the person arrested is in the actual commission of a crime, or is pursued immediately after an escape.

181. May take a person arrested by a by-stander for breach of the peace.- A peace officer may take before a magistrate, a person, who, being engaged in a breach of the peace, is arrested by a by-stander and delivered to him.

Wark's Case, 5 C. H. Rec., 4.

$182. Offenses committed in magistrate's presence.When a crime is committed in the presence of a magistrate, he may, by a verbal or written order, command any person to arrest the offender, and may thereupon proceed as if the offender had been brought before him on a warrant of arrest.

Order cannot be delayed. McKay's case, 5 C. H. Rec., 95. See Butolph v. Blust, 5 Lans., 84; Sands v. Benedict, 2 Hun, 479; Lindsay v. l'eo., 67 Barb., 548

CHAPTER V.

ARREST BY A PRIVATE PERSON.

SEC. 183. In what cases allowed.

184. Must inform the party of the cause of arrest, except when actually committing the offense or on pursuit after escape.

185. Must immediately take prisoner before a magistrate, or deliver him to a peace officer.

§ 183. When arrest allowed.—A private person may arrest another,

1. For a crime, committed or attempted in his presence; 2. When the person arrested has committed a felony, although not in his presence.

Phillips v. Trull, 11 Johns., 486.

§ 184. Must inform party of the cause of arrest, except when actually committing offense or on pursuit. A private person before making an arrest, must inform the person to be arrested of the cause thereof, and

require him to submit, except when he is in the actual commission of the crime, or when he is arrested on pursuit immediately after its commission.

§ 185. Must immediately take prisoner before a magistrate, or deliver him to a peace officer.- A private person, who has arrested another for the commission of a crime, must, without unnecessary delay, take him before a magistrate, or deliver him to a peace officer.

CHAPTER VI.

RETAKING, AFTER AN ESCAPE OR RESCUE.

SEC. 186. May be at any time, or in any place in the state. 187. May break open a door or window, if admittance refused.

186. May be at any time, or in any place in the state. If a person arrested escape or be rescued, the person, from whose custody he escaped or was rescued, may immediately pursue and retake him, at any time, and in any place in the state.

§ 187. May break in, if admittance refused. To retake the person escaping or rescued, the person pursuing may, after notice of his intention and refusal of admittance, break open an outer or inner door or window of a building.

CHAPTER VII.

EXAMINATION OF THE CASE, AND DISCHARGE OF THE DEFENDANT OR HOLDING HIM TO ANSWER.

SEC. 188. Magistrate to inform defendant of the charge, and his right to counsel.

189. Time to send, and sending for counsel.

190. On appearance of counsel, or waiting for him a rea. sonable time examination to proceed.

191. When to be completed; adjournment.

192. On adjournment, defendant to be committed, or discharged on deposit of money.

193. Form of commitment.

194. Depositions, to be read on examination, and witnesses

examined.