§ 193. After the waiver of the defendant to make a statement, or after he has made it, his witnesses, if he produce any, shall be sworn and examined.

§ 194. The witnesses produced on the part either of the people or of the defendant, shall not 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 a'so cause the witnesses to be kept separate, and to be prevented from conversing with each other, until they are all examined.

§ 195. The magistrate shall 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 districtattorney of the county, the defendant and his counsel, and the officer having the defendant in custody.

196. 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 form:

1. It must state the name of the witness, his place of residence, and his business or profession:

2. It must 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 is 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.

§ 197. The magistrate or his clerk shall 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 shall not permit them to be inspected by any person except a judge of a court having jurisdiction of the offence, the attorney-general, the district attorney of the county, and the defendant, and his counsel.

§ 198. A violation of the provisions of the last section is punishable as a misdemeanor.

§ 199. 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, shall, 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 of either of them, or permit him to take a copy.

§ 200. After hearing the proofs and the statement of the defendant, if he have made one, if it appear, either that a public offence has not been committed, or that there is no sufficient cause to believe the defendant guilty thereof, the magistrate shall order the defendant to be discharged, by an endorsement on the depositions and statement, signed by him, to the following effect: "There being no sufficient cause to believe the within named A. B guilty of the offence within mentioned, I order him to be discharged."

§ 201. If, however, it appear from the examination,` that a public offence has been committed and that there is sufficient cause to believe the defendant guilty thereof, the magistrate shall in like manner, endorse on the depositions and statement, an order, signed by him, to the following effect: "It appearing to me by the within depositions (and statement, if any,) that the offence therein mentioned, [or any other offence, according to the fact, stating generally the nature thereof,] has been committed, and that there is sufficient cause to believe the within named A. B. guilty thereof, I order that he be held to answer the same."

§ 202. If the offence be not bailable, the following words, or words to the same effect, shall be added to the endorsement: "and that he be committed 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."]

203. If the offence be bailable, and bail be taken by the magistrate, the following words, or words to the same effect, shall be added to the endorsement mention in section 201; "and I have admitted him to bail, to answer, by the undertaking hereto annexed.”

§ 204. If the offence be bailable and the defendant be admitted to bail, but bail have not been taken, the following words, or words to the same effect, shall be added to the endorsement mentioned in section 201; "and that he be admitted to bail in the sum of dollars, and be committed 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,"] until he gives such bail."

§205. If the magistrate order the defendant to be committed as provided in sections 202 and 204, he shall make out a commitment, signed by him, with his name of office, and deliver it, with the defendant, to the officer to whom he is committed, or if that officer be not present, to a peace officer, who shall deliver the defendant into the proper custody, together with the commitment.

§ 206. The commitment must be to the following effect:

66

County of Albany, [or as the case may be.]

"In the name of the people of the State of New-York: "To the sheriff of the county of Albany," [or in the city and county of New-York, "to the keeper of the city prison of the city of New-York :"]

"An order having been this day made by me, that A. B. be held to answer upon a charge of [stating briefly the nature of the offence,] you are commanded to receive him into your custody and detain him until he be legally discharged."

Dated at the city of Albany, [or as the case may be,] this day of

1849."

§ 207. On holding the defendant to answer, the magistrate shall take from each of the material witnesses examined before him on the part of the people, a written undertaking, to the effect that he will appear and testify at the court to which the depositions and statement are to be sent, or that he will forfeit the sum of one hundred dollars.

§ 208. Whenever the magistrate shall be satisfied by proof on oath, that there is reason to believe that any such witness will not fulfil his undertaking to appear and testify unless security be required, he may order the witness to enter into a written undertaking, with such sureties, and in such sum as he may deem meet, for his appearance as specified in the last section.