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TITLE I.

Prevention of Public Offenses.

Chapter I. Lawful Resistance. §§ 692-694.

II.

III.

IV.

Intervention of the Officers of Justice. §§ 697, 698.
Security to Keep the Peace. §§ 701-714.

Police in Cities and Towns, and Their Attendance at Ex-
posed Places. §§ 719, 720.

V. Suppression of Riots. §§ 723-734.

§ 692.

CHAPTER I.

Lawful Resistance.

Lawful resistance, by whom made.

§ 693. By the party, in what cases and to what extent.
By other parties, in what cases.

§ 694.

§ 692. Lawful resistance, by whom made. Lawful resistance to the commission of a public offense may be made: 1. By the party about to be injured;

2. By other parties.

Personal rights: See Civ. Code, §§ 43-54.

Legislation § 692. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 79); in exact language of Crim. Prac. Act, Stats. 1851, p. 213, § 15.

§ 693. By the party, in what cases and to what extent. Resistance sufficient to prevent the offense may be made by the party about to be injured:

1. To prevent an offense against his person, or his family, or some member thereof.

2. To prevent an illegal attempt by force to take or injure property in his lawful possession.

Legislation § 693. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 80); in language almost identical with that of Crim. Prac. Act, Stats. 1851, p. 213, § 16.

§ 694. By other parties, in what cases. Any other person, in aid or defense of the person about to be injured, may make resistance sufficient to prevent the offense.

Legislation § 694. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 81); in exact language of Crim. Prac. Act, Stats. 1851, p. 214, § 17.

CHAPTER II.

Intervention of the Officers of Justice.

§ 697.

Intervention of officers, in what cases.

§ 698. Persons acting in their aid justified.

§ 697. Intervention of officers, in what cases.

Public

offenses may be prevented by the intervention of the officers

of justice:

1. By requiring security to keep the peace;

2. By forming a police in cities and towns, and by requiring their attendance in exposed places;

3. By suppressing riots.

Subd. 1. Security to keep the peace: See post, §§ 701–714. Subd. 2. Police force: See post, §§ 719, 720. Officers authorized to preserve peace: Post, § 720.

Subd. 3. Suppression of riots: See post, §§ 723-734.

Legislation § 697. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 82); in exact language of Crim. Prac. Act, Stats. 1851, p. 214, § 18.

§ 698. Persons acting in their aid justified. When the officers of justice are authorized to act in the prevention of public offenses, other persons, who, by their command, act in their aid, are justified in so doing.

Legislation § 698. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 83); in language almost identical with that of Crim. Prac. Act, Stats. 1851, p. 214, § 19.

CHAPTER III.

Security to Keep the Peace.

§ 701. Information of threatened offense.
§ 702. Examination of complainant and witnesses.
§ 703. Warrant of arrest.

§ 704.

$705.

§ 706.

§ 707.

Proceedings on charges being controverted.
Person complained of, when to be discharged.
Security to keep the peace, when required.
Effect of giving or refusing to give security.

Person committed for not giving security, how discharged.
Undertaking to be filed in clerk's office.

Security, when required for assault committed in the presence
of a court or magistrate.

§708.

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Undertaking, when broken.

§ 712.

Undertaking, when and how prosecuted.

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§ 714.

Security for the peace not required, except in accordance with this chapter.

§ 701. Information of threatened offense. An information may be laid before any of the magistrates mentioned in section eight hundred and eight, that a person has threat

ened to commit an offense against the person or property of another.

Legislation § 701. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 84); in substance the same as Crim, Prac. Act, § 20, as amended by Stats. 1863, p. 158, § 2. The code commissioners say: "The section referred to is § 103 of the Crimes and Punishment Act of 1851; the word 'information' is used in place of the word 'complaint,' as more expressive."

§ 702. Examination of complainant and witnesses. When the information is laid before such magistrate he must examine on oath the informer, and any witness he may produce, and must take their depositions in writing, and cause them to be subscribed by the parties making them.

Legislation § 702. Enacted February 14, 1872 (N. Y. Code Crim, Proc., § 85); in substance the same as Crim. Prac. Act, Stats. 1851, p. 214, § 21.

§ 703. Warrant of arrest. If it appears from the depositions that there is just reason to fear the commission of the offense threatened, by the person so informed against, the magistrate must issue a warrant, directed generally to the sheriff of the county, or any constable, marshal, or policeman in the state, reciting the substance of the information, and commanding the officer forthwith to arrest the person informed of and bring him before the magistrate.

Legislation § 703. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 86); in substance the same as Crim, Prac. Act, Stats. 1851, p. 214, § 22.

§ 704. Proceedings on charges being controverted. When the person informed against is brought before the magistrate, if the charge be controverted, the magistrate must take testimony in relation thereto. The evidence must be reduced to writing and subscribed by the witnesses.

Legislation § 704. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 87); in substance the same as Crim. Prac. Act, Stats. 1851, p. 214, § 23.

§ 705. Person complained of, when to be discharged. If it appears that there is no just reason to fear the commission of the offense alleged to have been threatened, the person complained of must be discharged.

Legislation § 705. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 88); in substance the same as Crim. Prac. Act, Stats. 1851, p. 214, § 24.

§ 706. Security to keep the peace, when required. If, however, there is just reason to fear the commission of the offense, the person complained of may be required to enter into an undertaking in such sum, not exceeding five thou

sand dollars, as the magistrate may direct, with one or more sufficient sureties, to keep the peace towards the people of this state, and particularly towards the informer. The undertaking is valid and binding for six months, and may, upon the renewal of the information, be extended for a longer period, or a new undertaking may be required.

Legislation § 706. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 89); in substance the same as Crim. Prac. Act, Stats. 1851, 214, § 25.

$707. Effect of giving or refusing to give security. If the undertaking required by the last section is given, the party informed of must be discharged. If he does not give it, the magistrate must commit him to prison, specifying in the warrant the requirement to give security, the amount thereof, and the omission to give the same.

Effect of giving or refusing to give bond: See post, § 710.

Legislation § 707. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 90); in substance the same as Crim. Prac. Act, Stats. 1851, p. 215, § 26.

$ 708. Person committed for not giving security, how discharged. If the person complained of is committed for not giving the undertaking required, he may be discharged by any magistrate, upon giving the same.

Legislation § 708. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 91); in substance the same as Crim. Prac. Act, Stats. 1851, p. 215, § 27.

§ 709. Undertaking to be filed in clerk's office. The undertaking must be filed by the magistrate in the office of the clerk of the county.

Legislation § 709. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 215, § 28.

§ 710. Security, when required for assault committed in the presence of a court or magistrate. A person who, in the presence of a court or magistrate, assaults or threatens to assault another, or to commit an offense against his person or property, or who contends with another with angry words, may be ordered by the court or magistrate to give security, as in this chapter provided, and if he refuse to do so, may be committed as provided in section seven hundred and seven.

Effect of giving or refusing to give bond: See ante, § 707.

Legislation § 710. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 93); based on Crim. Prac. Act, Stats. 1851, p. 215, § 29.

§ 711. Undertaking, when broken. Upon the conviction of the person informed against of a breach of the peace, the undertaking is broken.

Legislation § 711. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 97); based on Crim. Prac. Act, Stats. 1851, p. 215, § 30.

§ 712. Undertaking, when and how prosecuted. Upon the district attorney's producing evidence of such conviction to the superior court of the county, the court must order the undertaking to be prosecuted, and the district attorney must thereupon commence an action upon it in the name of the people of the state. [Amendment approved 1880; Code Amdts. 1880, p. 32.]

Legislation § 712. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., 98); in substance the same as Crim. Prac. Act, § 31, as amended by Stats. 1863, p. 158, § 3.

2. Amended by Code Amdts. 1880, p. 32, changing "county court" to "superior court."

§ 713. Evidence of breach. In the action the offense stated in the record of conviction must be alleged as a breach of the undertaking, and such record is conclusive evidence of the breach.

Legislation § 713. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 215, § 32.

§714. Security for the peace not required, except in accordance with this chapter. Security to keep the peace, or be of good behavior, cannot be required except as prescribed in this chapter.

Legislation § 714. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 99); based on Crim. Prac. Act, Stats. 1851, p. 215, § 33.

CHAPTER IV.

Police in Cities and Towns, and Their Attendance at Exposed Places.

$719. Organization and regulation of the police.

$720. Force to preserve the peace at public meetings, when and how

ordered.

§ 719. Organization and regulation of the police. The organization and regulation of the police, in the cities and towns of this state, is governed by special laws.

Police insurance and pension bill: See post, Appendix, tit. "Police."

Compensation of police: See post, Appendix, tit. "Police."
Increase of police force: See post, Appendix, tit. "Police."
Vacations for police: See post, Appendix, tit. "Police."

Hours of service of police, act regulating: See post, Appendix, tit. "Police."

Appointment of police on railroads, steamships, etc.: See post, Appendix, tit. "Police."

Legislation § 719. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 100); in substance the same as Crim. Prac. Act, Stats, 1851, p. 215, § 34.

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