fendant, in the discretion of the court or magistrate,) and acknowledged before the court or magistrate, in substantially the following form:

"An order having been made on the day of 1849, by A. B., a justice of the peace, of the town of (or as the case may be,) that C. D be held to answer upon a charge of, (stating briefly the nature of the offence,) upon which he has been duly admitted to bail, in the sum of dollars:

"We, E. F., of (stating his place of residence and occupation,) and G. H.,of (stating his place of residence and occupation,) hereby undertake, that the above named C. D. shall appear and answer the charge 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 fail 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.)

§ 649. The qualifications of bail are as follows:

1. Each of them must be a resident, and a householder or freeholder within the state:

2. They must each be worth the amount specified in the undertaking, exclusive of property exempt from execution; but the court or magistrate, on taking bail, may allow more than two bail to justify severally in amounts

less than that expressed in the undertakiug, if the whole justification be equivalent to that of two sufficient bail.

§ 650. Except as prescribed in the next section, the bail may, in the exercise of a just discretion, be taken, and may justify, without notice to the district attorney, or reasonable notice may be required by the court or magistrate, to be given to him of the intention to give bail. When given, the notice shall be as prescribed in the next section.

§ 651. In the several cities of this state, if the offence charged be a felony, a previous notice of at least two days, of the time and place of giving the bail, must be served upon the district attorney of the county, stating,

1. The names, places of residence and occupations of the proposed bail.

2. A general description of the real or personal property of the bail, in respect to which they propose to justify as to their sufficiency, with the incumbrances thereon, by mortgage, judgment or otherwise, if any.

§ 652. The bail shall in all cases justify by affidavit, taken before the court or magistrate, as the case may be. The affidavit must state that they each possess the qualifications provided in section 649.

§ 653. The district attorney, or the court or magis trate, may thereupon further examine the bail upon oath, concerning their sufficiency, in such manner as

The ques

the court or magistrate may deem proper. tions put to the bail, and their answers shall be reduced to writing, and shall be subscribed by them.

$654. The court or 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 their sufficiency.

$655. When the examination is closed, the court or magistrate shall make an order either allowing or disallowing the bail, and shall 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 213.

§ 656. Upon the allowance of the bail and the execution of the undertaking, the court or magistrate shall make an order, signed by him, wih 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 offence of, [designating it generally,] having given sufficient bail to answer the same, you are commanded forthwith to discharge him from your custody."

§ 657. If the bail be disallowed, the defendant shall be detained in custody until other bail be put in and justify.

CHAPTER III.

Bail upon an indictment, before conviction.

§ 658. When the offence charged in the indictment is a misdemeanor, the officer serving the bench-warrant, shall, 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 332 and 335.

§ 659. If the offence charged in the indictment be a felony, the officer arresting the defendant shall deliver him into custody, according to the command of the bench-warrant, as prescribed in section 331.

§ 660. When the defendant is so delivered into custody, if the felony charged be bailable, and the amount of bail have been fixed by the court, as provided in section 333, bail may be taken by the court in which the indictment was found or to which it is sent or removed, or by any magistrate in the county, having authority to admit a defendant to bail, upon being held to answer before indictment, as provided in sections 638 and 639.

§ 661. The bail must be put in by a written undertaking, executed by two sufficient sureties, (with or without the defendant, in the discretion of the court or magistrate,) and acknowledged before the court or magistrate, in substantially the following form:

"An indictment having been found on the

day

of 1849, in the court of sessions of 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, C. D., of [stating his place of residence and occupation,] and E. F., of [stating his place of residence and occupation, hereby undertake, that the above named A. B. shall appear 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 fail 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.]

§ 662. The provisions contained in sections 649 to 657, both inclusive, shall apply to the qualifications of the bail, and to all the proceedings respecting the putting in and justifying of bail, and incident thereto.