mitted, on refuse compliance with the order for that refusal to give se curity for istrate must commit him to prison until he comply or be legally discharged. appear ance. Witness, unable to give security, may be conditionally ex amined. Last sec may be § 219. When, however, it satisfactorily appears, by the examination on oath of the witness or of any other person, that the witness is unable to procure sureties, he forthwith conditionally examined, on behalf of the people, in the manner and with the effect provided in this Code, and must thereupon he discharged. § 220. The last section does not apply to the prosecutor applicable or to an accomplice in the commission of the crime charged. tion not to prose cutors or accom Magistrate to return plice. § 221. When a magistrate has discharged a defendant, or has held him to answer, as provided in sections 207 and tions, 208, he must return to the next court of oyer and terminer deposi statement and under witnesses, to the court. takings of 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 INDICTMENT. CHAPTER I. Preliminary provisions. II. Formation of the grand jury; its powers and duties. CHAPTER I. Crimes; PRELIMINARY PROVISIONS. SECTION 222. Crimes; how prosecuted. § 222. All crimes prosecuted in a court of oyer and ter how pros- miner, or in a court of sessions, or in a city court, must be ecuted. CHAPTER II. FORMATION OF THE GRAND JURY, ITS POWERS AND DUTIES. SECTION 223, 224. Grand jury defined. 225, 226, 227. For what courts to be drawn; the order. 228. Misdescription in order. 229. Mode of selecting grand jurors. 230. If sixteen grand jurors 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 compelling their attendance. 235. When new grand jury may be summoned for the same court. 236. Grand jury, how drawn when more than a sufficient number attends. 237. Who may challenge an individual grand juror. 238. Causes of discharge of the panel. 239. Causes of challenge to an individual grand 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. 244. 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 jury. 250. Appointment of a clerk, and his duties. 251 Discharge of the grand jury. 252. Power of grand jury to inquire into crimes, &c. 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 must declare their knowledge as to commission of a crime. 260. Grand jury must inquire as to persons imprisoned on crimi. nal charges and not indicted; the condition of public prisons; and the misconduct of public officers. 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. Grand jury defined. Id. For what § 223. 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. 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. § 225. A grand jury must be drawn for every term of be drawn; the following courts: courts to the order. Id. Id. Misdescription in order. 1. The court of oyer and terminer, except in the city and county of New York; 2. The court of general sessions of the city and county of New York, and 3. The city courts, whenever an indictment can be there found. § 226. A grand jury may also be drawn: 1. 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. § 227. 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 conclusive evidence of the authority for drawing the jury. § 228. 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 § 229. The mode of selecting grand jurors is prescribed Mode of by special statutes. selecting grand jurors. grand not ap pear, addi number to § 230. If at any court of oyer and terminer or court of If sixteen sessions, except in the counties of Genesee, Orleans, and St. Jurors do Lawrence, there shall not appear at least sixteen persons, tional duly qualified to serve as grand jurors, who have been be ordered 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, require the clerk of the county to draw, and the sheriff to summon, such additional number of grand jurors as shall be necessary, and must specify the number required in the order. designat ditional grand § 231. The clerk of the county must forthwith bring Manner of into the court the box containing the names of the grand a jurors, from which grand jurors in the county are required jurors. 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. The sheriff must accordingly, in the manner re- Id. quired in respect to the grand jurors originally drawn, forthwith summon the persons whose names are drawn or desig. nated 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. In any other county, the names of the persons re- id quired to complete the grand jury may, in the discretion of the court, be drawn as provided in the last section, or may be publicly designated by the court, from the bystanders or the body of the county. Summon ing the ad grand jurors, and compelling § 234. The sheriff must accordingly, in the manner reditional quired in respect to the grand jurors originally drawn, forthwith summon the persons whose names are drawn or designated, as provided in the last two sections, who must attend and serve as if they had been originally summoned as grand jurors, and are subject to the same penalties, unless excused or discharged by the court. their attendance. When new grand § 235. If a crime be committed during the sitting of the court, after the discharge of the grand jury, the court moned for may, in its discretion, direct an order to be entered, that jury may be sum the same court. Grand jury, how drawn when a sufficient number attends. the sheriff summon another grand jury; and the same shall be summoned, in the manner prescribed for grand juries in general. § 236. When more than twenty-three persons summoned as grand jurors attend for service, the clerk must prepare more than separate ballots containing their names, folded as nearly alike as possible, and so that the names cannot be seen, and must deposit them in a box. He must then openly draw out of the box twenty-three ballots; and the persons whose names are drawn constitute the grand jury. The names remaining in the box, as well as those drawn, must be returned to the box of drawn grand jurors. Who may challenge § 237. A person held to answer a charge for a crime may an individ- challenge an individual grand juror. ual grand juror. Causes of discharge of the panel. 238. There is no challenge allowed to the panel or to the array of the grand jury, but the court may, in its discretion, at any time discharge the panel and order another to be summoned, for one or more of the following causes: 1. That the requisite number of ballots was not drawn from the grand jury box of the county; 2. That notice of the drawing of the grand jury was not given; 3. That the drawing was not had, in the presence of the officers designated by law; and 4. That the drawing was not had, at least fourteen days |