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and county of New York, “ to the keeper of the city prison of the city of New York :"]

“An order having been this day made by me, that A. B. be held to answer to the court of upon a charge of (stating briefly the nature of the crime,] you are commanded to receive him into your custody and detain him, until he be legally discharged.

Dated at the city of Albany, (or as the case may be,] this day of

C. D., Justice of the Peace,

(or as the case may be.] It may be amended. Ex parte Hogan, 55 How. Pr., 458.

g 215. Undertaking of witnesses to appear.-On holding the defendant to answer, the magistrate may take from each of the material witnesses examined before him on the part of the people, a written undertaking, to the effect that he will appear and testify at the court to which the depositions and statement are to be sent, or that he will forfeit the sum of one hundred dollars.

§ 216. Security for appearance of witnesses. When the magistrate is satisfied, by proof on oath, that there is reason to believe that any such witness is an accomplice in the commission of the crime charged, he may order the witness to enter into a written undertaking, with such sureties, and in such sum as he may deem proper, for his appearance as specitied in the last section. [Am'd ch. 416 of 1883.]

1 Park. Cr., 567; 3 10., 463; 5 Bar., 514.

$ 217. [Repealed ch. 416 of 1883.)

$ 218. Witness to be committed on refusal.-If a witness, required to enter into an undertaking to appear and testify, either with or without sureties, refuse compliance with the order for that purpose, the magistrate must commit him to prison until ho comply or be legally discharged.

$ 219. Witness unable to give security, may be conditionally examined.-A witness may be conditionally examined, on behalf of the people, in the manner and with the effect provided in this Code. [Am'd ch. 416 of 1883.]

See $$ 620-635, post.

§ 220. [Repealed ch. 416 of 1883.]

§ 221.–Magistrate to return depositions, etc.When a magistrate has discharged a defendant, or has held him to answer, as provided in sections 207 and 208, he must return to the next court of oyer and terminer or court of sessions of the county, or city court having power to inquire into the offense by the intervention of a grand jury, at or before its opening on the first day, the warrant, if any, the depositions, the statement of the defendant, if he have made one, and all undertakings of bail, or for the appearance of witnesses, taken by him.

TITLE IV. Of Proceedings after Commitment, and before Invict

ment. CHAPTER I. Preliminary provisions.

II. Formation of the grand jury; its powers and duties.



SEC. 222. Crimes ; how prosecuted.

$ 222. Crimes ; how prosecuted.--All crimes prosecuted in a court of oyer and terminer, or in a court of sessions, or in a city court, must be prosecuted by indictment.


SEC. 223, 224. Grand jury defined.

225, 226, 227. For what coarts to be drawn; the order.
228. Misdescription in order.
229. Mode of selecting grand jurors.
230. If sixteen grand jarors do not appear, additional

number to be ordered..
231, 232, 233. Manner of designating the additional grand

jurors. 234. Summoning the additional grand jurors, and compel.

ling their attendance. 235. When new grand jury may be summoned for the

same court. 236. Grand jary, how drawn when more than a sufficient

Gumber attends. 237. Who may challenge an individual grand juror. 238. Causes of discharge of the panel. 239. Causes of challenge to an individual granı juror. 240. Manner of taking

and trying the challenges. 241. Decision upon the challenge. 242. Effect of allowing a challenge to an individual grand

juror. 243. Violation of last section. 214. Appointment of foreman. 245, 246, 247. Oath of the foreman and the other grand

jurors. 248. Charge of the court. 249. Retirement of the grand jary. 250. Appointment of a clerk, and his duties. 251. Discharge of the grand jury. 252. Power of grand jury to inquire into crimes, etc. 253. Foreman may administer oaths. 254. Definition of an indictment. 255. Evidence receivable before the grand jury. 256. Same. 257. Grand jury not bound to hear evidence for the

defendant, but may order explanatory evidence to

be produced. 258. Degree of evidence, to warrant an indictment. 259. Grand jurors mnst declare their knowledge as to

commission of a crime. 260. Grand jury must inquire as to persons imprisoned on

criminal charges and not indicted; the condition of public prisons; and the misconduct of public

oficers. 261. Grand jury entitled to access to public prisons, and to

examine public records. 262, 263, 264. When and from whom they may ask advice,

and who may be present during their sessions. 265. Secrets of the grand jury to be kept. 266. Grand jury, when bound to disclose the testimony of

a witness. 267. Grand juror not to be questioned for his conduct as such.

§ 223. Grand jury defined. A grand jury is a body of men, returned at stated periods from the citizens of the county, before a court of competent jurisdiction, and chosen by lot, and sworn to inquire of crimes committed or triable in the county.

§ 224. Id.—The grand jury must consist of not less than sixteen and not more than twenty-three persons, and the presence of at least sixteen is necessary for the transaction of any business.

Peo. v. King, 2 Cai., 98. § 225. For what courts to be drawn.- A grand jury must be drawn for every term of the following courts :

1. The court of oyer and terminer, except in the city and county of New York, and the county of Kings, and except for extraordinary or adjourned terms.

2. The court of general sessions of the city and county of New York and the court of sessions of the county of Kings; and

3. The city courts whenever an indictment can be there found.

$ 226. Id.-A grand jury may also be drawn:

i. For every other court of sessions, when specially ordered by the court, or by the board of supervisors.

2. For the court of oyer and terminer in the city and county of New York, upon the order of a judge of the supreme court elected in the first judicial district.

3. For the court of oyer and terminer, of the county of Kings, upon the order of a judge of the supreme court elected in the second judicial district.

§ 227. Order how filed. If made by the court or a judge thereof, the order for a grand jury must be entered upon its minutes, and a copy thereof filed with the county clerk, at least twenty days before the term for which the jury is ordered. If made by the board of supervisors a copy thereof, certified by the clerk of the board, must be filed with the county clerk, at least twenty days before the term; and when so filed, is conclusivo evidence of the authority for drawing the jury.

Ý 228. Misdescription.—A misdescription of the title of the court in an order for a grand jury does not affect the validity of the order, if it can be plainly understood therefrom what court is intended.

$ 229. Selection of grand jurors. — The mode of ser lecting grand jurors is prescribed by special statutes.

See Code Civ. Proc., $$ 2293–2301, 3314, 3351 ; 3 Rev. St. (6th ed.), pp. 1015-1019.

$ 230. If sixteen jurors do not appear, others to be ordered. - If at any court of oyer and terminer or court of sessions, except in the counties of Genesee, Orleans, and St. Lawrence, there shall not appear at least sixteen persons, duly qualified to serve as grand jurors, who have been summoned, or if the number of grand jurors attending shall be reduced below sixteen, such court must, by order to be entered in its minutes, l'equire the clerk of the county to draw, and the sheriff to sumnion, such additional number of grand jurors as shall ha necessary, and must specify the number required in the order.

§ 231. Designation of additional jurors. — The clerk of the county must forth with bring into the court the box containing the names of the grand jurors, from which grand juidrs in the county are required to be drawn; and he must, in the presence of the court, proceed publicly to draw the number of grand jurors specified in the order; and when such drawing is completed, he must make two lists of the persons so drawn, each of which must be certified by him to be a correct list of the names of the persons so drawn by him, one of which he must file in his office, and the other he must deliver to the sheriff.

$ 232. Summoning jurors. - The sheriff must accordingly, in the manner required in respect to the grand jurors originally drawn, forthwith summon the persons whose names are drawn or designated in the list, provided in section 231, to appear in the court requiring their attendance at the time designated, and they must attend and serve as if they had been originally summoned as grand jurors, and subject to the same penalties, unless excused or discharged by the court.

§ 233. Court may order drawn or appoint.—In the counties of Genesee, Orleans and St. Lawrence, the names

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