§ 173. When a public offence is committed in the presence of a magistrate, he may, by a verbal order, command any person to arrest the offender, and may thereupon proceed as if the offender had been brought before him on a warrant of arrest.

CHAPTER V.

Arrest by a private person.

§ 174. A private person may arrest another,

1. For a public offence committed or attempted in his presence:

2. When the person arrested has committed a felony, although not in his presence:

3. When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it.

§ 175. He must, before making the arrest, 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 offence, or when he is arrested on pursuit immediately after its commission.

§ 176. If the person to be arrested have committed a felony, and a private person, after notice of his intention to make the arrest, be refused admittance, he may break open any outer or inner door or window of dwelling house, for the purpose of making the arrest.

§ 177. A private person who has arrested another for the commission of a public offence, must, without unnecessary delay, take him before a magistrate, or deliver him to a peace officer.

CHAPTER VI.

Retaking after an escape or rescue.

§ 178. 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 within the state.

§ 179. To retake the person escaping or rescued, the person pursuing may, after notice of his intention and refusal of admittance, break open any outer or inner door or window of a dwelling house.

CHAPTER VII.

Examination of the case, and discharge of the defendant, or holding him to answer.

§ 180. When the defendant is brought before a magistrate upon an arrest either with or without warrant, on a charge of having committed a public offence, the magistrate shall 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.

§ 181. He shall also allow the defendant a reasonable time to send for counsel, and adjourn the examination for that purpose; and shall, upon the request of the defendant, require a peace officer to take a message to

such counsel within the town or city as the defendant The officer shall without delay and with

may name.

out fee, perform that duty.

§ 182. The magistrate shall immediately after the appearance of counsel, or if the defendant require the aid of counsel, after waiting a reasonable time therefor, proceed to examine the case.

§ 183. The examination must be completed at one session, unless the magistrate, for good cause shown by affidavit, adjourn it. The adjournment cannot be for more than two days at each time, nor more than six days in all, unless by consent or on motion of the defendant.

§ 184. If an adjournment be had for any cause, the magistrate shall commit the defendant for examination, or discharge him from custody upon the deposite of money as provided in sections 636 and 666, as security for his appearance at the time to which the examination is adjourned.

§ 185. The commitment for examination shall be by an endorsement signed by the magistrate, on the warrant of arrest, to the following effect: "The within named A. B., having been brought before me under this warrant, is committed for examination, to the sheriff of the county of or, in the city and county of NewYork, "to the keeper of the city prison of the city of New-York."

186. At the examination, the magistrate shall, 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, shall summon the witnesses so examined, if they be within the county. He shall also issue subpoenas for any additional witnesses required by the prosecutor or the defendant, as provided in section 688.

§ 187. The witnesses shall be examined in the presence of the defendant, and may be cross-examined in his behalf.

§ 188. When the examination of the witnesses on the part of the people is closed, the magistrate shall distinctly 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 to waive making a statement, and that his wavier cannot be used against him on the trial.

§ 189. 1f the defendant waive his right to make a statement, the magistrate shall make a note thereof, immediately following the depositions of the witnesses against the defendant; but the fact of his waiver shall not be used against the defendant on the trial.

§ 190. If the defendant choose to make a statement, the magistrate shall proceed to take the same in writing,

without oath, and shall 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.

§ 191. The answer of the defendant 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 shall be corrected until it is made conformable to what he declares is the truth.

§ 192. The statement must be reduced to writing by the magistrate, or under his direction, and authenticated in the following form:

1. It must set forth in detail, that the defendant was informed of his rights as provided by section 188, 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 190 and 191.

3. It may be signed by the defendant, or he may refuse to sign it: but if he refuse to sign it, his reason therefor must be stated as he gives it:

4. It must be signed and certified by the magistrate.