CHAPTER V. Arrest by a Private Person. Sec. 188. In what cases allowed. 184. Must inform the party of the cause of arrest, except when actually committing the offense or on pursuit after escape. 185. Must immediately take prisoner before a magistrate, or deliver him to a peace officer. § 183. In what cases allowed. A private person may arrest another, 1. For a crime, committed or attempted in his presence; 2. When the person arrested has committed a felony, although not in his presence. People v. Shanley, 40 Hun, 477; 4 N. Y. Cr. Rep. 472; People ex rel. Gunn V. Webster, 75 Hun, 278; Ball v. Harrigan, 47 N. Y. St. Rep. 384; Greater N. Y. Ath. Club v. Wurster, 19 Misc. 443. Subd. 1. People v. Morehouse, 6 N. Y. Supp. 763; Smith v. Botens, 36 N. Y. St. Rep. 53; Murphy v. Snitzpan, 15 Misc. 496; Phillips v. Trull, 11 John. 486; People v. Hochstim, 36 Misc. 562. Subd. 2. Holley v. Dix, 3 Wend. 350; Brown v. Chadsey, 39 Barb. 253; Burns v. Erben, 40 N. Y. 463. 184. Must inform the party of the cause of arrest, except when actually committing the offense or on pursuit after escape. A private person before making an arrest, must inform the person to be arrested of the cause thereof, and require him to submit, except when he is in the actual commission of the crime, or when he is arrested on pursuit immediately after its commission. Pointing gun. People v. Morehouse, 6 N. Y. Supp. 763. 185. Must immediately take prisoner before a magistrate, or deliver him to a peace officer. A private person, who has arrested another for the commission of a crime, must, without unnecessary delay, take him before a magistrate, or deliver him to a peace officer. See Tobin v. Bell, 73 App. Div. 41. 61 CHAPTER VI. Retaking, After an Escape or Rescue. Sec. 186. May be at any time, or in any place in the state. 187. May break open a door or window, if admittance refused. § 186. May be at any time, or in any place in the state. If a person arrested escape or be rescued, the person, from whose custody he escaped or was rescued, may immediately pursue and retake him, at any time, and in any place in the state. § 187. May break open a door or window, if admittance refused. To retake the person escaping or rescued, the person pursuing may, after notice of his intention and refusal of admittance, break open an outer or inner door or window of a building. 62 CHAPTER VII. Examination of the Case, and Discharge of the Defendant or Holding Him to Answer. Sec. 188. Magistrate to inform defendant of the charge, and his right to counsel. 189. Time to send, and sending for counsel. 190. On appearance of counsel, or waiting for him a reasonable time, examination to proceed. 191. When to be completed; adjournment. 192. On adjournment, defendant to be committed, or discharged on deposit of money. 193. Form of commitment. 194. Depositions, to be read on examination, and witnesses examined. 198. Defendant to be informed of his right to make a statement. 198, 199. Statement, how taken. 200. How reduced to writing, and authenticated. 201. After statement or waiver, defendant's witnesses to be examined. 202. Witnesses to be kept apart. 203. Who may be present at examination. 204. Testimony, how taken and authenticated. 205. Depositions and statement, how and by whom kept. 206. Defendant entitled to copies of depositions and statement. 207. Defendant, when and how to be discharged. 208. When and how to be committed. 209. Order for commitment. 210. Certificate of bail being taken. 211. Defendant to choose how he shall be tried. 212. Order for bail, on commitment. 213, 214. Form of commitment. 215. Undertaking of witnesses to appear, when and how taken. 216. Security for appearance of witnesses, when and how required. 217. Witness under sixteen. 218. Witness to be committed, on refusal to give security for appear ance. 219. Witnesses for people, conditional examination of. 220. Justices' criminal docket. 221. Magistrate to return depositions, statement and undertaking of witnesses to the court. { 188. Magistrate to inform defendant of the charge, and his right to counsel. When the defendant is brought before a magistrate upon an arrest either with or without warrant on a charge of having committed a crime, the magistrate must immediately inform him of the charge against him, and of his right to the aid of counsel in every stage of the proceedings, and before any further proceedings are had. Right to counsel. N. Y. Const., art. 1, § 6. See 8, ante. People v. Haines, 1 N. Y. Supp. 55; People v. Mondon, 103 N. Y. 211; 4 N. Y. Cr. Rep. 552; Hommert v. Gleason, 38 N. Y. St. Rep. 343. Sections 188-200 refer only to judicial examinations therein provided for. Criminal act. Rep. 287. People ex rel. Baker v. Beatty, 39 Hun, 476; 4 N. Y. Cr. Confining a child unlawfully. People ex rel. Navagh v. Frink, 41 Hun, 188; 4 N. Y. Cr. Rep. 289. Application. People v. Cook, 45 Hun, 34. See People ex rel. Gunn v. Webster, 75 Hun, 278. Perjury by witness on examination. People v. Collins, 57 App. Div. 257. ex rel. Wilson v. Warden, 123 App. Div. 288. 189. Time to send, and sending for counsel. He must also allow the defendant a reasonable time to send for counsel, and adjourn the examination for that purpose; and must, upon the request of the defendant, require a peace officer to take a message to such counsel in the town or city, as the defendant may name. The officer must, without delay and without fee, perform that duty. Confining a child. People ex rel. Navagh v. Frink, 41 Hun, 188; 4 N. Y. Application. People v. Cook, 45 Hun, 34. See People v. Haines, 1 N. Y. Supp. 55; People v. Restell, 3 Hill, 289. § 190. On appearance of counsel, or waiting for him a reasonable time, examination to proceed. The magistrate, immediately after the appearance of counsel, or if none appear and the defendant require the aid of counsel, must, after waiting a reasonable time therefor, proceed to examine the case, unless the defendant waives examination and elects to give bail, in which case the magistrate must admit the defendant to bail if the crime is bailable, as provided in section two hundred and ten; and in that case witnesses in attendance or shown to be material for the people may be required to appear and testify, or to be examined conditionally as prescribed in sections two hundred and fifteen, two hundred and sixteen, two hundred and seventeen, two hundred and eighteen, two hundred and nineteen and two hundred and twenty. Am'd L. 1882, ch. 360. Confining a child. People ex rel. Navagh v. Frink, 41 Hun, 188; 4 N. Y. 191. When to be completed; adjournment. The examination must be completed at one session, unless the magistrate, for good cause shown, adjourn it. The adjournment cannot be for more than two days at each time, unless by consent or on motion of the defendant. Am'd L. 1882, ch. 360. See People ex rel. Phelps v. Westbrook, 12 Hun, 646; Pratt v. Hill, 16 f 192. On adjournment, defendant to be committed, or discharged on deposit of money. If an adjournment be had for any cause, the magistrate must commit the defendant for examination, or discharge him from custody, upon his giving bail to appear during the examination, or upon the deposit of money as provided in this Code, to make sure of his appearance at the time to which the examination is adjourned. Bail. People v. McKenna, 62 App. Div. 327. See People ex rel. Farley v. Crane, 94 App. Div. 397; Sutherland v. St. Lawrence County, 101 App. Div. 299. § 193. Form of commitment for examination. The commitment for examination must be to the following effect: State of New York, County of ss.: ... "In the name of the people of the state of New York. "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 and county of New York "). 'A. B. having been brought before me under a warrant of arrest upon the charge of (stating briefly the nature of the crime) is committed for examination 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 "). "Dated at the city of .... day of (or as the case may be), this ." C. D.," "Justice of the Peace." Am'd L. 1899, ch. 608. 194. Depositions, to be read on examination, and witnesses examined. At the examination, the magistrate must, in the first place, read to the defendant the depositions of the witnesses examined on the taking of the information, and if the defendant request it or elects to have the examination, must summon for cross-examination the witnesses so examined, if they be in the county. He must also issue subpoenas for additional witnesses required by the prosecutor or defendant. See People v. Restell, 3 Hill, 289; Son v. People, 12 Wend. 344. § 195. Examination of witnesses to be in presence of defendant, and witnesses to be cross-examined behalf. in his The witnesses must be examined in the presence of the defendant, and may be cross-examined in his behalf. People v. Restell, 3 Hill, 289; People v. Williams, 35 Hun, 516; People v. Fish, 125 N. Y. 136. § 196. Defendant to be informed of his right to make a statement. When the examination of the witnesses on the part of the people is closed, the magistrate must inform the defendant, that it is his right to make a statement in relation to the charge against him (stating to him the nature thereof); that the statement is designed to enable him, if he see fit, to answer the charge and to explain the facts alleged against him; that he is at liberty |