mitted for examination, to the sheriff of the county of or the city and county of New York, "to the keeper of the city prison of the city of New York." New. (a) Not under seal. (People v. Ransom, 61 Barb., 619; Gano v Hall, 5 Park., 651.) -Warrant of commitment need not be under seal. (b) Must show probable guilt. A commitment is irregular unless it show on its face that the justice had determined that there was probable cause to believe the prisoner guilty of the offense charged. (People v. Rhoner, 4 Park., 166.) (c) Must have prisoner present in order to commit.-A magistrate has no authority to commit for a hearing on a subsequent day until the accused has been brought before him. (Pratt v. Hill, 16 Barb., 303.) (d) Surety of peace; warrant in. - A justice, after deciding a case of surety of the peace, and permitting the defendant to depart, may subsequently issue a warrant of commitment. (Gano v. Hall, 42 N. Y., 67; 5 Park., 651.) (e) Commitment must be directed to an officer. - A warrant of commitment not directed to an officer or class of officers is void, and will be no protection to the officer who executes it. (Russell v. Hubbard, 6 Barb., 654.) A State magistrate may commit for a further hearing touching a crime against the United States. (Ex parte Smith, 5 Cow., 273.) (f) Form of recorder's commitment. Form of commitment by the recorder of New York of a person indicted in court of sessions for larceny. (3 Park., 143.) (g) At special sessions; form of.-A commitment issued upon conviction in special sessions need not contain a statement that the defendant, when brought before magistrate, requested to be tried by court of special sessions. (People v. Moore, 3 Park., 465.) § 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. New. (a) Deposition not evidence. - A deposition taken before a committing magistrate is not evidence against the defendant, unless the witnesses were examined in his presence and the right of cross-examination accorded. (People v. Restell, 3 Hill, 289.) A deposition taken under the police law of 1844 is not admissible without proof of inability to obtain the personal attendance of witnesses. (People v. Hadden, 3 Den., 220.) 195. Examination of witnesses to be in presence of defendant, and witnesses to be cross-examined in his behalf. The witnesses must be examined in the presence of the defendant, and may be cross-examined in his behalf. New. (3 R. S., 1000, § 13.) (a) Witnesses must be examined in presence of prisoner. Wit nesses before committing magistrate must be examined in presence of defendant, who must have right of cross-examining them. (People v. Restell, 3 Hill, 289; Bebee v. People, 5 id., 33.) (b) Prisoner must have witnesses if he desires it, and counsel.—On a preliminary hearing, the defendent is entitled to have his examination taken, to have witnesses sworn and examined on his behalf, and have the assistance of counsel. (Son v. People, 12 Wend., 344.) $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 sees fit, to answer the charge and to explain the facts alleged against him; that he is at liberty to waive making a statement; and that his waiver cannot be used against him on the trial. Id., § 15; 1 R. L., 307, § 2. (a) Must be informed of his rights.- On a judicial examination before a magistrate of a prisoner charged with crime, the accused must be informed as to his rights in refusing to answer questions put to him. (People v. McMahon, 2 Park., 669, 670; see, also, People v. Hendrickson, 1 Park., 416, and cases cited, where the question is fully discussed; see, also, People v. Maxwell, 1 Wh. C. C., 163.) (b) Cannot be made to criminate himself. The statements or oath of a party accused cannot be given in evidence against him. (Lewis' case, 6 Carr & P., 161; David's case, Id., 177; Owens' case, 9 id., 238; Haworth's case, 4 id., 254.) (c) Prisoner's testimony while under arrest inadmissible.— Testimony of prisoner while under arrest cannot be used against him. (9 How., 155; 8 id., 402.) § 197. Waiver of his right and its effect. — If the defendant waive his right to make a statement, the magistrate must make a note thereof, immediately following the depositions of the witnesses against the defendant. New. §198. Statement, how taken. If the defendant choose. to make a statement, the magistrate must proceed to take it in writing, without oath, and must put to the defendant the following questions only: What is your name and age? Where were you born? Where do you reside, and how long have you resided there? What is your business or profession? Give any explanation you may think proper, of the circumstances appearing in the testimony against you, and state any facts which you think will tend to your exculpation. 3 R. S., 1000, § 10. See Bellinger v. People, 8 Wend., 595; People v. Moore, 15 id., 419; see, also, Ex parte Boswell, 34 How., 347. § 199. Statement, how taken. The answer of the defend ant to each of the questions must be distinctly read to him as it is taken down. He may thereupon correct or add to his answer, and it must be corrected until it is made conformable to what he declares to be the truth. 3 R. S., 1000, § 16, 19. $200. How reduced to writing and authenticated. The statement must be reduced to writing by the magistrate, or under his direction, and authenticated in the following manner: 1. The authentication must set forth, in detail, that the defendant was informed of his rights as provided in section one hundred and ninety-six, and that, after being so informed, he made the statement; 2. It must contain the questions put to him, and his answers thereto, as provided in sections one hundred and ninety-eight and one hundred and ninety-nine; 3. It may be signed by the defendant, or he may refuse to sign it; but if he refuse to sign, his reason therefor must be stated as he gives it; 4. It must be signed and certified by the magistrate. 3 R. S., 1000, § 16. People v. Restell, 3 Hill, 289; see, also, Bellinger v. People, 8 Wend., 595; People v. Moore, 15 id., 419. The prisoner's statement need not be signed by him in order to make it evidence. (People v. Johnson, 1 Wh. C. C., 193; People v. Webster, 3 Park., 503; 14 How., 242.) 201. After statement of waiver, defendant's witnesses to be examined. After the waiver of the defendant to make a statement, or after he has made it, his witnesses, if he produce any, must be sworn and examined. Id., § 17. $202. Witnesses to be kept apart. The witnesses produced on the part either of the people or of the defendant cannot be present at the examination of the defendant; and while a witness is under examination, the magistrate may exclude all witnesses who have not been examined. He may may also cause the witnesses to be kept separate, and to be prevented from conversing with each other until they are all examined. 3 R. S., 1000, § 18: § 203. Who may be present at examination.—The magistrate must also, upon the request of the defendant, exclude from the examination every person, except the clerk of the magistrate, the prosecutor and his counsel, the attorney general, the district attorney of the county, the defendant and his counsel and the officer having the defendant in custody. New. § 204. (Amended 1882.) Testimony, how taken 'and authenticated. - The testimony given by each witness must be reduced to writing, as a deposition, by the magistrate or under his direction, and authenticated in the following manner: 1. The authentication must state the name and age of the witness, his place of residence, and his business or profession; 2. It must, unless deposition by question and answer be waived by the defendant and the witness, contain the questions put to the witness and his answers thereto, each answer being distinctly read to him as it is taken down and being corrected or added to, until it is made conformable to what he declares to be the truth; 3. If a question put be objected to on either side, and overruled, or the witness decline answering it, that fact, with the ground on which the question was overruled or the answer declined, must be stated; 4. The deposition must be signed by the witness, or if he refuse to sign it, his reason for refusing must be stated in writing as he gives it; 5. It must be signed and certified by the magistrate. 3 R. S., 1000, § 19. (a) Prisoner may cross-examine witnesses. A deposition taken before a committing magistrate is not evidence against the defendant, unless the witnesses were examined in his presence, and the right of cross-examination accorded. (People v. Restell, 3 Hill, 289.) (b) Need not reduce evidence to writing. - Held, magistrate not bound to reduce testimony to writing. (Ex parte Boswell, 34 How., 317.) (c) Need not be signed. — The prisoner's examination need not be signed by him in order to make it evidence. (People v. Johnson, 1 Wh. C. C., 193.) (d) Magistrate may commit for refusal to be sworn. - Where a pris oner refuses to be sworn and examined as to the cause of his intoxication, the magistrate has no power to commit him for refusal. (People v. Webber, 3 Park., 503; 14 How., 242.) -- § 205. Depositions and statement; how and by whom kept. The magistrate or his clerk must keep the depositions taken on the information or on the examination, and the statement of the defendant, if any, until they are returned to the proper court; and must not permit them to be inspected by any person, except a judge of a court having jurisdiction of the offense, the attorney general, the district attorney of the county, and the defendant and his counsel. 3 R. S., 1001, § 28. $206. Defendant entitled to copies of depositions and statement. - If the defendant be held to answer the charge, the magistrate or his clerk having the custody of the depositions taken on the information or examination, and of the statement of the defendant, must, on payment of his fees at the rate of five cents. for every hundred words, and within two days after demand, furnish to the defendant, or his counsel, a copy of the depositions and statement, or permit either of them to take a copy. New. - § 207. Defendant, when and how to be discharged. After hearing the proofs, and the statement of the defendant, if he have made one, if it appear, either that a crime has not been committed, or that there is no sufficient cause to believe the defendant guilty thereof, the magistrate must order the defendant to be discharged, by an indorsement on the depositions and statement, signed by him, to the following effect: "There being no |