§ 574. Other testimony may be received as to their sufficiency. The magistrate may also receive other testimony, either for or against the sufficiency of the bail, and may from time to time adjourn the taking of bail, to afford an opportunity of proving or disproving its sufficiency. § 575. Decision as to their sufficiency; and filing affidavits of justification and undertaking. When the examination is closed, the magistrate must make an order, either allowing or disallowing the bail, and must forthwith cause the same, with the affidavits of justification, and the undertaking of bail, to be filed with the clerk of the court to which the depositions and statement must be sent, as prescribed in section 221. People v. Davis, 122 App. Div. 569. § 576. On allowance of bail, and execution of undertaking, defendant to be discharged. Form of discharge. Upon the allowance of the bail and the execution of the undertaking, the court or magistrate must make an order, signed by him, with his name of office, for the discharge of the defendant, to the following effect: "To the sheriff of the county of [or, in the city and county of New York, "to the keeper of the city prison of the city of New York: "] "A. B., who is detained by you on a commitment to answer a charge for the crime of, [designating it generally,] having given sufficient bail to answer the same, you are commanded forthwith to discharge him from your custody." § 577. If bail disallowed. If the bail be disallowed, the defendant must be detained in custody until lawfully discharged. Am'd L. 1882, ch. 360. 184 ARTICLE III. Bail, Upon an Indictment, Before Conviction. Sec. 578. In misdemeanor, officer to take defendant before a magistrate. 579. In felony, to deliver him into custody. 580. Taking bail, when offense is bailable. 581. Bail, how put in. Form of undertaking. 582. Sections applicable to qualifications of bail, to putting in and justifying bail, and to incidental proceedings. § 578. In misdemeanor, officer to take defendant before a magistrate. When the crime charged in the indictment is a misdemeanor, the officer serving the bench warrant must, if required, take the defendant before a magistrate in the county in which it is issued, or in which he is arrested, for the purpose of giving bail as prescribed in sections 302 and 305. Matter of Gorsline, 21 How. Pr. Rep. 83. § 579. In felony, to deliver him into custody. If the crime charged in the indictment be a felony, the officer arresting the defendant must deliver him into custody, according to the command of the bench warrant, as prescribed in section 301. § 580. Taking bail, when offense is bailable. When the defendant is so delivered into custody, if the felony charged be bailable, and the amount of bail have been fixed. bail may be taken by the judge presiding in the court in which the indictment was found, or to which it is sent or removed, or by any magistrate in the county belonging to the class mentioned in the second subdivision of section 557.* § 581. Bail, how put in. Form of undertaking. The bail must be put in by a written undertaking, executed by a sufficient surety, with or without the defendants, in the discretion of the magistrate, and acknowledged before the court or its clerks in open court or the magistrate, in substantially the following form: "An indictment having been found on the ..... day of 18.., in the county court in the county of Albany [or as the case may be], charging A. B. with the crime of [designating it generally], and he having been duly admitted to bail in the sum of dollars, "We, A. B., defendant [if the defendant join in the undertakIng] and C. D., surety or sureties, as the case may be, of [stating his place of residence and occupation], and E. F., of [stating his place of residence and occupation], hereby jointly and severally undertake, that the above-named A. B. shall appear Same failure to change the wording as in § 558, supra. and answer the indictment above mentioned, in whatever court it may be prosecuted, and shall at all times render himself amenable to the orders and process of the court; and, if convicted, shall appear for judgment, and render himself in execution thereof; or if he fails to perform either of these conditions, that we will pay to the people of the state of New York the sum of dollars [inserting the sum in which the defendant is admitted to bail]. Am'd L. 1895, ch. 880. Failure of principal to acknowledge. People v. Hammond, 26 N. Y. St. Rep. 486; 7 N. Y. Supp. 219. § 582. Sections applicable to qualifications of bail, to putting in and justifying bail, and to incidental proceedings. The provisions contained in sections 569 to 577, both inclusive, apply to the qualifications of the sureties, and to all the proceedings respecting the putting in and justification of bail, and incidental thereto. 186 ARTICLE IV. Bail Upon an Appeal. Sec. 583. Who may admit to bail. 584. Notice of the application, when required. 583. Who may admit to bail. In the cases in which the defendant may be admitted to bail upon an appeal, as provided in section 556, the order admitting him to bail may be made, either by the court from which the appeal is taken, or a judge thereof, or by the appellate court, or a judge thereof, or by a judge of the supreme court. Am'd L. 1895, ch. 880. When application should be entertained. 58 How. Pr. Rep. 393. People ex rel. Crowley v. Bowe, 584. Notice of the application, when required. The court or officer to whom the application for bail is made may require such notice thereof as he deems reasonable, to be given to the district attorney of the county in which the verdict or judgment was originally rendered. 585. Qualifications of bail and how put in. The sureties must possess the qualifications, and the bail must be put in, in all respects, in the manner prescribed by sections 569 to 577, both inclusive; except that the undertaking must be to the effect that the defendant will, in all respects, abide the orders and judgment of the appellate court upon the appeal, and will surrender himself in execution of the judgment, if the certificate of reasonable doubt be vacated, as provided in section 529. Am'd L. 1897, ch. 427. People v. Connolly, 88 App. Div. 302. 187 ARTICLE V. Deposit Instead of Bail. Sec. 586. Deposit, when and how made. 587. May be made after bail given, and before forfeiture; and in such case bail discharged. 588. Bail may be given after deposit; and in such case money deposited to be refunded. 589. Deposit to be applied to payment of judgment of fine, and surplus to be refunded. § 586. Deposit, when and how made. The defendant, at any time after an order admitting him to bail, instead of giving bail, or a witness committed in default of an undertaking to appear and testify, instead of entering into such an undertaking, may deposit with the county treasurer of the county in which he is held to answer or appear, the sum mentioned in the order or commitment; and upon delivering to the officer, in whose custody he is, a certificate of the deposit, he must be discharged from custody. Am'd L. 1892, ch. 220. People ex rel. Gilbert v. Laidlaw, 102 N. Y. 588; McShane v. Pinkham, 46 N. Y. St. Rep. 65; Sutherland v. St. Lawrence County, 101 App. Div. 299. Taking money without authority. v. Wallace, 97 App. Div. 76. Eagan v. Stevens, 39 Hun, 311; McNamara § 587. May be made after bail given, and before forfeiture; and in such case bail discharged. If the defendant have given bail, he may, at any time before the forfeiture of the undertaking, in like manner deposit the sum mentioned in the undertaking; and upon the deposit being made the bail is exonerated. Deposit. People ex rel. Gilbert v. Laidlaw, 102 N. Y. 588. § 588. Bail may be given after deposit; and in such case money deposited to be refunded. If money be deposited, as provided in the last section, bail may be given, in the same manner as if it had been originally given upon the order for admission to bail, at any time before the forfeiture of the deposit. The court or magistrate before whom the bail is taken must thereupon direct, in the order of allowance, that the money deposited be refunded by the county treasurer to the defendant; and it must be refunded accordingly. Deposit. People ex rel. Gilbert v. Laidlaw, 102 N. Y. 588. § 589. Deposit to be applied to payment of judgment of fine, and surplus to be refunded. When money has been deposited, if it remain on deposit and unforfeited at the time of a judgment for the payment of a fine, the county treasurer must, under direction of the court, apply the money in satisfaction thereof, and after satisfying the fine, must refund the surplus, if any, to the defendant. Deposit of third person. People ex rel. Gilbert v. Laidlaw, 102 N. Y. 588; McShane v. Pinkham, 46 N. Y. St. Rep. 65. |