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"Proof by affidavit having been this day made before me, by [naming every person whose affidavit has been taken,] that [stating the particular grounds of the application, according to section 881; or if the affidavits be not positive, "that there is probable cause for believing that,"-stating the ground of the application in the same manner;]

"You are thereupon commanded, in the day time, [or "at any time of the day or night," as the case may be, according to section 890,] to make immediate search on the person of C. D., [or "in the house, situated,"-describing it or any other place to be searched with reasonable particularity, as the case may be,] for the following property: [describing it with reasonable particularity;"] and if you find the same or any part thereof, to bring it forth with before me, at [stating the place.] "Dated at the city of Albany, [or as the case may

be] the

day of

1849.

E. F., Justice of the peace, [or as the case may be.]

§ 887. A search warrant may, in all cases, be served by any of the officers mentioned in its direction, but by no other person, except in aid of the officer, on his requiring it, he being present and acting in its execution.

§ 888. The officer may break open any outer or inner door or window of a house, or any part of the house,

or any thing therein, to execute the warrant, if, after notice of his authority and purpose, he be refused admittance.

§ 889. He may break open any outer or inner door or window of a house, for the purpose of liberating a person, who, having entered to aid him in the execution of the warrant, is detained therein, or when necessary for his own liberation.

§ 890. The magistrate must insert a direction in the warrant, that it be served in the day time, unless the affidavits be positive that the property is on the person, or in the place to be searched; in which case, he may insert a direction that it be served at any time of the day or night.

§ 891. A search warrant must be executed and returned to the magistrate by whom it was issued, if issued in the city and county of New-York, within five days after its date, and if in any other county, within ten days. After the expiration of those times respectively, the warrant shall, unless executed, be void.

§ 892. When the officer shall have taken any property under the warrant, he must give a receipt for the property taken, (specifying it in detail,) to the person from whom it was taken by him, or in whose possession it was found, or, in the absence of any person, he shall leave it in the place where he found the property.

§ 893. When the property is delivered to the magistrate, he shall, if it was stolen or embezzled, dispose of it as provided in sections 76 to 771 both inclusive. If it were taken on a warrant issued on the grounds stated in the second and third subdivisions of section 881, he shall retain it in his possession, subject to the order of the court to which he is required to return the proceedings before him, or of any other court in which the of fence, in respect to which the property was taken, is triable.

§ 894. The officer shall forthwith return the warrant to the magistrate, and at the same time deliver to him a written inventory of the property taken, made publicly, or in the presence of the person from whose possession it was taken and of the applicant for the warrant, if they be present; verified by the affidavit of the officer at the foot of the inventory, and taken before the magistrate at that time, to the following effect: "I, R S., the officer by whom the annexed warrant was executed, do swear that the above inventory contains a true and detailed account of all the property taken by me on the warrant."

$95. The magistrate shall thereupon, if required, deliver a copy of the inventory to the person from whose possession the property was taken, and to the applicant for the warrant.

§ 896. If the grounds on which the warrant was issued be controverted, he must proceed to take testimony in relation thereto.

§ 897. The testimony given by each witness must be reduced to writing and authenticated in the manner presc. ibed in section 19.

§ 898. If it appear that the property taken is not the same as that described in the warrant, or that there is no probable cause for believing the existence of the grounds on which the warrant was issued, the magistrate shall cause it to be restored to the person from whom it was taken.

§ 899. The magistrate shall annex together the depositions, the search warrant, and return and the inventory, and return them to the next court of sessions of the county, or mayor's or recorder's court, having power to inquire into the offences in respect to which the search warrant was issued, by the intervention of a grand jury, at or before its opening on the first day.

§ 900. Whoever shall maliciously, and without probable cause, procure a search warrant to be issued and executed, shall be deemed guilty of a misdemeanor.

§ 901. A peace officer, who, in executing a search warrant shall wilfully exceed his authority, or exercise it with unnecessary severity, shall be deemed guilty of a

misdemeanor.

§ 502. When a person charged with a felony, is supposed by the magistrate before whom he is brought, to

have upon his person a dangerous weapon, or any thing which may be used as evidence of the commission of the offence, the magistrate may direct him to be searched in his presence, and the weapon or other thing to be retained, subject to his order or the order of the court in which the defendant may be tried.

TITLE III.

OF THE OUTLAWRY OF PERSONS CONVICTED OF TREASON.

§ 903. When, upon a bench warrant issued for the apprehension of a person who has pleaded guilty, or against whom a verdict has been rendered, upon an indictment for treason, it is duly returned that the defendant cannot be found, the district attorney of the county may apply to the court in which indictment is pending, for judgment of outlawry.

904. The application shall be founded upon the return of the bench warrant, and upon proof, by affidavit, that the defendant has escaped, and on diligent search cannot be found within the county.

§ 905. The court, upon being satisfied that the defendant has escaped and cannot, upon diligent search, be found within the county, shall make an order that he appear on the first day of the next term, to receive judgment upon the conviction or be outlawed.

§ 906. The order shall be immediately published, once a week for six successive weeks, in a newspaper

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