less defendant has interposed the objection at the first available opportunity. People v. Winness, 3 N. Y. Cr. Rep. 89; citing Pierson v. People, 79 N. Y. 424. Section 809, Penal Code of California, authorizes a proceeding by informa tion only where a defendant has been examined and committed as provided in section 372 of the Penal Code. Held, that where prisoner has been committed by the magistrate upon the oral testimony of the witnesses, and without reducing them to writing (as required by the section referred to), that an infor mation against him was rightly dismissed and constituted no bar to another information. Kalloch v. Superior Ct., 56 Cal. 229.

§ 149. Depositions, what to contain. The depositions must set forth the facts stated by the prosecutor and his witnesses, tending to establish the commission of the crime and the guilt of the defendant.

See Loomis v. Reader, 41 Hun, 269; Tracy v. Seamans, 7 State Rep. 145; People v. Pratt, 22 Hun, 300.

The depositions must set forth the facts tending to establish the crime (perjury), and not merely the conclusion of the witnesses. Matter of Rothaker, 11 Abb. N. C. 122.

The deposition may be upon information and belief where the acts and circumstances on which such information and belief are founded are given. People v. McIntosh, 5 N. Y. Cr. Rep. 38.

$150. In what case warrant of arrest may be issued.— If the magistrate be satisfied therefrom, that the crime complained of has been committed, and that there is reasonable ground to believe that the defendant has committed it, he must issue a warrant of arrest.

See People v. McIntosh, 5 N. Y. Cr. Rep. 40; Fraser v. Board, etc., 17 State Rep. 875; Tracy v. Seamans, 7 id. 145; Killoran v. Barton, 26 Hun, 648. It is enough when a magistrate is reasonably certain that a crime has been committed. Pratt v. Bogardus, 49 Barb. 89; Abbott v. Booth, 50 id. 551. Not necessary that, in a criminal warrant, to set out the circumstances of the offense. Atchinson v. Spencer, 9 Wend. 62.

Just grounds of suspicion sufficient. Samuel v. Payne, Doug. 359; Halley 7. Mir, 3 Wend. 350; Cowles v. Dunham, 2 C. & P. 565.

A justice of the peace, before he is authorized to issue a warrant for the ar rest of a person, must be satisfied, by examination upon oath of the complainant, that a crime has been committed. Wilkinson v. Robinson, 6 How. 110. A justice has jurisdiction to issue a warrant of arrest though he abuse it grossly. Campbell v. Ewalt, 7 How. 399; Stewart v. Hawley, 21 Wend. 553.

151. Form of the warrant. A warrant of arrest is an order in writing in the name of the people, signed by a magistrate, commanding the arrest of the defendant, and may be substantially in the following form:

"COUNTY OF ALBANY [or as the case may be].

"In the name of the people of the state of New York. To any peace officer in this state [or in the county of Albany, or as the case may be, as provided in sections one hundred and fiftyfive and one hundred and fifty-six].

"Information upon oath having been this day laid before me, that the crime of [designating it,] has been committed, and accusing C. D. thereof.

"You are therefore commanded, forthwith to arrest the abovenamed C. D., and bring him before me, at [naming the place,] or in case of my absence or inability to act, before the nearest or most accessible magistrate in this county.

"Dated at the city of Albany, [or as the case may be,] this day of eighteen hundred

"E. F.,

Justice of the peace,
[Or as the case may be.]"

See Killoran v. Barton, 26 Hun, 648; People v. Johnson, 46 id. 671; Fraser v. Board, etc., 17 State Rep. 875; People v. Mead, 92 N. Y. 420.

A warrant stating that “information upon oath having been this day laid before me that the crime of malicious trespass upon lands owned or occupied by * * has been committed, and accusing * * thereof," is suffi

*

*

cient in form. It is not necessary to set out the circumstances of the offense., People v. Upton, 29 State Rep. 778.

§ 152. Name or description of the defendant, in the warrant and statement of the offense. The warrant must specify the name of the defendant, or if it be unknown to the magistrate, the defendant may be designated therein by any name. It must also state an offense in respect to which the magistrate has authority to issue the warrant, and the time of issuing it, and the city, town or village where it is issued, and be signed by the magistrate with his name of office

See People v. Beatty, 39 Hun, 477; 4 N. Y. Cr. Rep. 288.

Not necessary in a criminal warrant to set out the circumstances of the offense. Atchinson v. Spencer, 9 Wend. 62; People v. Upton, 29 State Rep. 778 It is sufficient if a criminal warrant indicate with reasonable certainty the offense sought to be charged. Pratt v. Bogardus, 49 Barb. 87.

Requisites of a criminal warrant as to time, place and the description of th offense. Blythe v. Tompkins, 2 Abb. 468.

Warrant for larceny good though it omit to state the value of the propert stolen. Payne v. Barnes, 5 Barb. 465.

A warrant reciting a complaint against John R. Miller for a felony, and commanding the officer to arrest the said William Miller, is no justification for the arrest of John R. Miller, though the person intended. Miller v.

Barb. 630.

Foley, 28

A misnomer of a person in a process on which an arrest is made, subjects the actors to an action for false imprisonment. Scall v. Ely, 4 Wend. 552. In a criminal proceeding a warrant at common law must be under seal. Beekman v. Traver, 20 Wend. 77; People v. Holcomb, 3 Park. 656; Smith v. Randall, 3 Hill, 495.

Warrants of arrest need not contain the facts on which the charge is predicated, but are sufficient if the nature of the offense be clearly specified. People v. McLeod, 1 Hill, 377.

An omission in a warrant of arrest which is merely clerical "and which does not mislead any one," will not render such warrant invalid. Payne v. Barnes, 5 Barb. 465.

153. Warrant to be directed to and executed by a peace officer. — The warrant must be directed to, and executed by, a peace officer.

Warrant not directed to the proper officer is void. Russell v. Hubbard, 6 Barb. 654.

A warrant legally issued can only be directed to an officer of the county in which the justice of the peace who issued it was a magistrate. People v. Shaver, 4 Park. 45.

Where a warrant is issued, directed to the sheriff or any constable of the county, the justice cannot, by indorsement thereon, authorize a private person to make the arrest; the warrant itself must be directed to the person by whom the arrest is made, or it is no protection. Abbott v. Booth, 51 Barb. 546.

of

154. Who are peace officers.- A peace officer is a sheriff a county, or his under-sheriff or deputy, or a constable, marshal, police constable or policeman of a city, town or village.

$155. Warrant issued by certain judges.- If the warrant be issued by a judge of the supreme court, or of the superior court, or court of common pleas, recorder, city judge or judge of a court of general sessions in the city and county of New York or by a county judge, or by a judge of the city court, it may be directed generally to any peace officer in the state, and may be executed by any of those officers to whom it may be delivered. See opinion of Nelson, Ch. J., Moak v. De Forest, 5 Hill, 607.

$156. Warrant by other magistrates. If it be issued by any other magistrate, it may be directed generally to any peace officer in the county in which it is issued, and may be executed in that

county; or if the defendant be in another county, it may be exe cuted therein, upon the written direction of a magistrate of such other county indorsed upon the warrant, signed by him with his name of office, and dated at the city, town or village where it is made, to the following effect: "This warrant may be executed in the county of Monroe," [or as the case may be.]

A justice of the peace, for a misdemeanor committed within his view, cannot pursue the offender and arrest him outside the justice's jurisdiction. Butolph v. Blust, 5 Lans. 84; 4 How. Pr. 481.

Where a person arrested by virtue of a criminal warrant, indorsed pursuant to statute, is discharged from arrest by a justice of the peace of the county where he is arrested, on giving a recognizance, the warrant has spent itself, and the officer has no right to arrest the prisoner again without new process. Doyle v. Russell, 30 Barb. 300.

A justice of the peace has no power to issue process of arrest for a crime committed in another county, though the offender be in the county where the justice resides. People v. Cassels, 5 Hill, 167; id. 607.

A person arrested by virtue of a warrant, indorsed pursuant to statute, for an offense punishable by imprisonment in the state prison, cannot be let to bail in the county where the arrest is made, but must be taken to the county in which the warrant was issued. Clark v. Cleveland, 6 Hill, 344. See People v. Cleros, 77 N. Y. 39; also, Garslone's Case, 10 Abb. 182; People, ex rel., Chapman, 30 How. 202.

Where an offender arrested under a warrant, indorsed in pursuance of the act "for the better apprehending of felons," etc., was taken to the county where the magistrate resided who issued the warrant, he not being a justic of the county where the offense was committed, it was held that the action for false imprisonment was properly brought, he not having complied with the requirements of the statute. Green v. Rumsey, 2 Wend. 611.

157. Indorsement on the warrant, for service i another county, how and upon what proof to be made. The indorsement mentioned in the last section cannot, however be made, unless upon the oath of a credible witness, in writing indorsed on or annexed to the warrant, proving the handwritin of the magistrate by whom it was issued. Upon this proof, th magistrate indorsing the warrant is exempted from liability to civil or criminal action, though it afterward appear that th warrant was illegally or improperly issued.

See cases cited under last section.

§ 158. Defendant, arrested for felony. If the crin charged in the warrant be a felony the officer making the arre must take the defendant before the magistrate who issued t

warrant, or some other magistrate in the same county, as provided in section 164.

See People v. Frink, 41 Hun, 193; Fraser v. Board, etc., 17 State Rep. 778; People v. Navagh, 4 N. Y. Cr. Rep. 297.

If the offense charged in the warrant be punishable with death or imprisonment in a state's prison, the officer making the arrest shall convey the prisoner to the county where the warrant was originally issued, before some magistrate thereof, etc. People v. Chapman, 30 How. 202; People v. Clews, 77 N. Y. 39; and cases cited under section 156, ante.

If the

§ 159. Defendant, arrested for a misdemeanor. crime charged in the warrant be a misdemeanor, and the aefendant be arrested in another county, the officer must, upon being required by the defendant, take him before a magistrate in that county, who must admit the defendant to bail, for his appearance before the magistrate named in the warrant, and take bail from him accordingly.

If the offense charged in the warrant be not punishable by death or by imprisonment in a state's prison, the prisoner may let to bail by a magistrate of the county in which he is arrested. People v. Chapman, 30 How. 202; Peo

ple v. Clercs, 77 N. Y. 39.

160. Proceedings on taking bail from the defendant in such case. On taking bail the magistrate must certify that fact on the warrant, and deliver the warrant and undertaking of bail to the officer having charge of the defendant. The officer must then discharge the defendant from arrest, and, withcut delay, deliver the warrant and undertaking to the magistrate before whom the defendant is required to appear.

161. Proceedings, where he is admitted to bail in such case, but bail is not given.-If, on the admission of the defendant to bail, as provided in section one hundred and fiftynine, bail be not forthwith given, the officer must take the defendant before the magistrate who issued the warrant, or some other magistrate in the same county, as provided in section one hundred and sixty-four.

Fraser v. Board, etc., 17 State Rep. 875.

$162. Prisoner carried from county to city. An offieer who has arrested a defendant on a criminal charge, in any County, may carry such prisoner through such parts of any