against him for perjury in giving his testimony, or upon his trial therefor.

§ 269. A grand juror cannot be questioned for anything he may say, or any vote he may give, in the grand jury, relative to a matter legally pending before the jury, except for a perjury of which he may have been guilty, in making an accusation, or giving testimony to his fellow jurors.

Declaratory of the existing privileges of the grand jury.

CHAPTER IV.

PRESENTMENT, AND PROCEEDINGS THEREON.

SECTION 270. Presentment must be by twelve grand jurors, and signed by fore

man.

271. Must be presented in the presence of the grand jury, and filed.

272. Depositions, or minutes of testimony, must be returned with pre

sentment.

273. Depositions, how filed and kept.

274. Violation of last section, a contempt and misdemeanor.

275. Copy of depositions to be furnished to defendant.

276. Finding of presentment, not to be disclosed, until defendant ar rested.

277. Violation of last section, a contempt and misdemeanor.

278. If facts stated in presentment constitute a public offence, court to order bench warrant.

279. Bench warrant by whom and how issued.

280. Form of bench warrant.

281. Bench warrant, how served.

282. Proceedings of the magistrate, on defendant being brought before him.

283. Copy of presentment and depositions to be furnished to magistrate *

This chapter is designed to provide for the mode of finding a presentment, and of proceeding thereon, in accordance with the views stated in the note at the head of chapter 3, of this title, p. 115-129. In other respects, the provisions of this chapter sufficiently explain themselves.

§ 270. A presentment cannot be found, without the concurrence of at least twelve grand jurors. When so found, it must be signed by the foreman.

271. The presentment, when found, must be presented by the foreman, in the presence of the grand jury, to the court, and must be filedwith the clerk.

§ 272. When the grand jury make a presentment, they must return to the court therewith, the depositions of the witnesses examined before them, or the minutes, or a copy thereof, of the testimony on which the presentment is made.

§ 273. When the depositions are returned, as provided in the last section, they must be filed with the clerk of the court, and can not be inspected by any person, except the court, the clerk and his deputies or assistants, and the district attorney, until after the arrest of the defendant.

§ 274. A violation of the provisions of the last section is punishable as a contempt, and as a misde

meanor.

§ 275. After the arrest of the defendant, the clerk must, on payment of his fees, at the rate of five cents for every hundred words, within two days after the demand, furnish a copy of the depositions to the defendant or his counsel.

§ 276. No grand juror, district attorney, clerk, judge or other officer, can disclose the fact of a presentment

having been made for a felony, until the defendant has been arrested. But this prohibition does not extend to a disclosure, by the issuing or in the execution of a warrant to arrest the defendant.

§ 277. A violation of the provisions of the last section is punishable as a contempt, and as a misde

meanor.

§ 278. If the court deem that the facts stated in the presentment constitute a public offence, triable in the county, it must direct the clerk to issue a bench warrant for the arrest of the defendant.

§ 279. 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, under his signature and the seal of the court, into one or more counties.

§ 280. The bench warrant, upon a presentment, must 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. A presentment having day of

[SEAL.] been made on the

1850, to the court of 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 take him before E. F., a magistrate of this county, or in case of his absence or inability to act, before the nearest or most accessible magistrate in this county.

"City [or "town"] of the

་

day of 1850,

"G. H., clerk."

281. The bench warrant may be served in any county; and the officer serving it must proceed thereon, in all respects, as upon a warrant of arrest on an information, as provided in sections 158 to 161, both inclusive, except that when served in another county, it need not be endorsed by a magistrate of that county.

§ 282. The magistrate, when the defendant is brought before him, must proceed upon the charge contained in the presentment, in the same manner in all respects as upon a warrant of arrest on an information, as provided in sections 187 to 220, both inclusive.

§ 283. Upon the arrest of the defendant, the clerk with whom the presentment and depositions are filed, must, without delay, furnish to the magistrate before whom the defendant is taken, a certified copy of the presentment and depositions.

SECTION 284. Indictment must be found by twelve grand jurors, and endorsed by

fureman.

285. If not so found, depositions &c. must be returned to the court, with

dismissal endorsed.

286. Effect of dismissal.

287. Names of witnesses must be inserted at foot of indictment, or en

dorsed thereon.

288. Indictment must be presented in presence of the grand jury, and filed.

§ 284. An indictment cannot be found, without the concurrence of at least twelve grand jurors. When so found, it must be endorsed, "A true bill," and the endorsement must be signed by the foreman of the grand jury.

§ 285. If twelve grand jurors do not concur in finding an indictment, the depositions, (and statement, if any,) transmitted to them, must be returned to the court, with an endorsement thereon, signed by the foreman, to the effect that the charge is dismissed.