§ 317. In pleading a judgment or other determination of, or proceeding before, a court or officer of special jurisdiction, the facts conferring jurisdiction need not be stated; but it may be stated that the judgment or determination was duly made, or the proceedings duly had, before such court or officer. The facts constituting the jurisdiction, however, must be established on the trial.

§ 318. In pleading a private statute, or a right derived therefrom, it shall be sufficient to refer to the statute, by its title and the day of its passage, and the court shall thereupon take judicial notice thereof.

$319. An indictment for libel need not set forth any extrinsic facts, for the purpose of shewing the application to the party libelled, of the defamatory matter on which the indictment is founded: but it shall be sufficient to state generally, that the same was published concerning him, and the fact that it was so published must be established on trial.

§ 320. When an instrument, which is the subject of an indictment for forgery, has been destroyed or withheld by the act or procurement of the defendant, and the fact of such destruction or withholding is alleged in the indictment, and established on the trial, the misdescription of the instrument shall be deemed immaterial.

§ 321. In an indictment for perjury or subornation of perjury, it shall be sufficient to set forth the substance of the controversy or matter in respect to which the

offence was committed, and in what court, or before whom, the oath alleged to be false was taken, and that the court or person before whom it was taken, had authority to administer the same, with proper allegations of the falsity of the matter on which the perjury is assigned; but the indictment need not set forth the pleadings, record or proceedings, with which the oath is connected, nor the commission or the authority of the court or person before whom the perjury was committed.

§ 322. Upon an indictment against several defendants, any one or more may be convicted or acquitted.

§ 323. The distinction between an accessary before the fact and a principal, and between principals in the first and second degree, in cases of felony, is abrogated; and all persons concerned in the commission of a felony whether they directly commit the act constituting the offence, or aid and abet in its commission, though not present, shall hereafter be indicted, tried and punished as principals, as in the case of a misdemeanor.

§324. An accessary after the fact to the commission of a felony, may be indicted, tried and punished, though the principal felon be neither tried nor indicted.

§ 325. A person may be indicted for having, with the knowledge of the commission of a public offence, taken money or property of another, or a gratuity or reward, or an engagement or promise therefor, upon agreement or understanding, express or implied, to compound or conceal the offence, or to abstain from a prosecu

tion therefor, or to withhold any evidence thereof though the person guilty of the original offence heve not been indicted or tried.

CHAPTER III.

Arraignment of the defendant.

§ 326. When the indictment is filed, the defendant must be arraigned thereon, before the court in which it is found, if it be triable therein, or if not, before the court to which it is sent or removed.

§ 327. If the indictment be for a felony, the defendant must be personally present; but if for a misdemeanor only, his personal appearance is unnecessary, and he may appear upon the arraignment by counsel.

§ 328. Where his personal appearance is necessary, if he be in custody, the court may direct the officer in whose custody he is, to bring him before it to be arraigned; and the officer shall do so accordingly.

§ 329. If the defendant have been discharged on bail, or have deposited money instead thereof, and do not appear to be arraigned, when his personal attendance is necessary, the court in addition to the forfeitu e of the undertaking of bail or of the money deposited, may direct the clerk to issue a bench warrant for his arrest.

§ 330. The clerk, on the application of the district attorney, may accordingly at any time after the order, whether the court be sitting or not, issue a bench warrant into one or more counties.

§ 331. The bench warrant upon the indictment shall, if the offence be a felony, be substantially in the following form:

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

In the name of the people of the state of New-York To any sheriff, constable, marshal or policeman in this state. An indictment having been found 1849, in the court of

on the

day of

[SEAL.] sessions of the county of Albany, [or as the case may be,] charging C. D. with the crime of [designating it generally.

"You are therefore commanded forthwith to arrest the above named C. D., and bring him before that court, [or if the indictment have been sent or removed to another court, before the court of oyer and terminer of that county, [or as the case may be,] to answer the indictment; or if the court have adjourned for the term, that you deliver him into the custody of the sheriff of the county of Albany, [or as the case may be, or in the city and county of New-York "to the keeper of the city prison of the city of New-York."

§ 332. If the offence be a misdemeanor, the bench warrant shall be in a similar form, adding to the body thereof a direction to the following effect: "or if he require it, that you take him before any magistrate in that

county, or in the county in which you arrest him, that he may give bail to answer the indictment."

§ 333. If the offence charged be bailable, the court upon directing the bench warrant to issue, shall fix the amount of bail; and an endorsement shall be ma 'e upon the bench warrant and signed by the clerk, to the following effect:--"The defendant is to be admitted to bail in the sum of-dollars."

§ 334. The bench warrant may be served in any county, in the same manner as a warrant of arrest, except, that when served in another county, it need not be endorsed by a magistrate of that county.

§ 335. If the defendant be brought before a magistrate of another county, for the purpose of giving bail, the magistrate shall proceed in respect thereto, in the same manner as if the defendant had been brought before him upon a warrant of arrest, and the same proceedings may be had thereon, as provided in sections 151 to 154, both inclusive.

§ 336. When the indictment is for a felony, and the defendant, before the finding thereof, has given bail for his appearance to answer the charge, the court, to which the indictment is presented, or sent or removed for trial, may order the defendant to be committed to actual custody, either without bail, or unless he give bail in an increased amount, to be specified in the order.

§ 337. If such order be made, and the defendant be present, he shall be forthwith committed accordingly.