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§ 209. Infants and married women, who are material witnesses against the defendant, may in like manner be required to procure sureties for their appearance, as provided in the last section.

§ 210. If a witness, required to enter into an undertaking to appear and testify, either with or without sureties, refuse compliance with the order for that purpose, the magistrate shall commit him to prison until he comply or be legally discharged.

§ 211. When, however, it shall satisfactorily appear, by the examination on oath of the witness or any other person, that the witness is unable to procure sureties, he may be forthwith conditionally examined, on behalf of the people, in the manner and with the effect provided in sections 710 to 714, both inclusive, and shall thereupon be discharged.

§ 212. The last section shall not apply to the prosecutor, or to an accomplice in the commission of the offence charged.

§ 213. When a magistrate has discharged a defendant, or has held him to answer, as provided in sections 201 and 202, he must return to the next court of oyer and terminer of the county, or mayor's or recorder's court having power to inquire into the offence, by the intervention of a grand jury, (or in the city and county of New-York, to the next court of sessions,) at or before its opening on the first day, the warrant if any, the de

positions, the statement of the defendant, if he have made one, and all undertakings of bail, or for the appearance of witnesses, taken by him.

TITLE IV.

OF PROCEEDINGS AFTER COMMITMENT, AND BEFORE INDICTMENT.

CHAPTER I. Preliminary provisions.

II. Formation of the grand jury.

III. Powers and duties of the grand jury.
IV. Presentment, and proceedings thereon.

CHAPTER I.

Preliminary provisions.

§ 214. All public offences prosecuted in a court of oyer and terminer, or in a court of sessions, or in a mayor's or recorder's court, must be prosecuted by indictment, except as provided in the next section.

§ 215 Where, however, the proceedings are had for the removal of justices of the peace, or judges or justices of inferior courts not of record, or their clerks, before a court of general sessions, they may be commenced by an accusation in writing, as provided in sections 108 and 109.

CHAPTER II.

Formation of the grand jury.

§ 216. A grand jury is a body of men, not less than sixteen nor more than twenty-three in number, returned at state i periods from the citizens of the county, before a court of competent jurisdiction, and sworn to inquire of public offences committed or triable within the county.

§ 217. The grand jury shall be drawn and summoned, from the persons whose names are in the ballots kept by the county clerk in the grand jury box.

§ 218. A grand jury must be drawn and summoned for every court of oyer and terminer, except in the city and county of New-York, and for every mayor's and recorder's court having criminal jurisdiction; and no grand jury shall be summoned for a court of sessions, unless when specially ordered by the court, or by the board of supervisors; nor shall a grand jury be drawn for the court of oyer and terminer in the city and county of New-York, except upon the order of a judge of the supreme court elected in the first judicial district.

§ 219. The order for the drawing and summoning of a grand jury, as provided in the last section, must be filed with the clerk of the county, at least thirty days before the court for which it is required, in the manner prescribed in sections 391 to 393 both inclusive.

§ 220. To constitute a grand jury, thirty-six ballots shall be drawn from the grand jury box, for the court of sessions in the city and county of New-York, and twenty-four for the courts in every other city and county.

§ 221. The drawing shall take place at the office of the county clerk, not less than fourteen nor more than twenty days before the holding of the court.

§ 222. At least six days notice of the time and place of the drawing shall be given, by publication in a newspaper of the county, or if there be none, by affixing the notice on the outer door of the house where the court is to be held.

§ 223. A copy of the notice must also be served on the sheriff of the county, and on one of the persons authorized to sit as a judge of the court, at least three days before the time appointed for the drawing.

§224. At the time appointed, the sheriff or under sheriff, and the judge upon whom notice has been served. as prescribed in the last section, shall attend at the of fice of the county clerk to superintend the drawing.

§ 225. If either of those officers do not appear, the clerk must adjourn the drawing to the next day, and must, by written notice, require the delinquent sheriff or judge, or any two justices of the peace, or special justices to attend the drawing at that time.

$226. If the officers notified shall then appear, but not otherwise, the clerk shall proceed in their presence to draw the grand jury.

§ 227. The drawing shall be conducted as follows: 1. The clerk shall shake the box containing the ballots, so as to mix them as much as possible :

2. He shall then publicly draw out of the box, as

many of the ballots as there shall be grand jurors required:

3. A minute of the drawing shall be kept, in which shall be entered the name contained on every ballot drawn, before any other ballot shall be drawn:

4. If when the whole number of ballots required is drawn, it shall satisfactorily appear that a person, whose name is contained on any ballot, is dead or has become insane or has permanently removed from the county, that fact shall be entered in the minute of the drawing, and the ballot containing the name shall be destroyed :

5. Another ballot shall then be drawn in place of that destroyed, and the name contained thereon shall in like manner be entered in the minute of the drawing:

6. The same proceedings shall be had as often as necessary, until the requisite number of ballots is drawn:

7. The minute of the drawing shall then be signed by the clerk and the attending officers, and forthwith filed in the clerk's office:

8. A list of the names of the person drawn as grand jurors, with their places of residence and occupations respectively, and stating for what court they were drawn shall then be made and certified by the clerk and the attending officers, and delivered without delay to the sheriff of the county.

§ 228. If the grand jury be drawn for a mayor's or recorder's court, the clerk shall return to the grand jury box all ballots except those containing the names of [FOURTH REP.]

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