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void, when not authorized by law

298

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299

When forfeited ...

.....

offence need not be set forth m, with particularity of indictment.... 299
not necessary that principal should unite with surety

How taken

....

when taken in open conrt...

when taken out of court...

Lien of, upon real estate

in city of New York

...

....

...

if condition becomes impossible by act of God, or of obligee or conu-
see, the performer is excused....

so, also, when party dies, or is committed to another prison.
when principal enlists....

recognizance when satisfied

when forfeiture accrues.

....

Estreating the recognizance.
how estreated....

proceedings upon....

Forfeited recognizances how remitted.

who has power to

.....

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(See Titles EXAMINATION OF PRISONERS, BASTARDY, SEARCH WAR-
RANTS, SURETIES OF THE PEACE, CORONERS' INQUESTS and SUM-
MARY CONVICTIONS, for recognizances under these proceedings.)

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RECORDS OF CONVICTION (See JUDGMENT, and Titles there referred to).

REMOVAL OF INDICTMENT (See INDICTMEnt).

REPLICATIONS.

REPRIEVE OF CONVICTS ...

313

288

421

REQUISITIONS FOR THE ARREST OF FUGITIVES FROM JUS-
TICE, UPON THE GOVERNORS OF OTHER STATES:

application must be made by district attorney or his deputy........
the rules and practice of the executive department in granting requi-
sitions.

78

78, 79

REQUISITIONS FOR THE ARREST OF FUGITIVES FROM JUSTICE,
UPON THE GOVERNORS OF OTHER STATES (Continued):
duplicates of papers to be furnished.................

affidavits for requisitions not to be taken before notary public
governor no power to require surrender of fugitives from British pro-
vinces....

expense of requisitions, when county charge.

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the taking must not precede the violence or putting in fear..

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cases cited illustrating the rule................

701

not necessary that property should continue in possession of thief... 701

instances of......

701

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assault on prosecutor, while another took his bundle.

703

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SEARCH WARRANTS, AND THE SEARCHING OF PRISONERS FOR
PROPERTY

91

provisions of the U. S. Constitution in respect to
their legality .....

....

91

91

search warrant for children detained by shakers..

92

to obtain the delivery of books and papers by public
officers to their successors....

92

for stolen or embezzled property.

93

who may issue.

93

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disposition of property taken on search warrant.

pany search warrant......

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97

when warrant for arrest of thief should be incorporated in, or accom-

search warrant when a protection to officer
search warrants for mineral-water bottles...
searching premises for property

.....

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97

97

97

98

98

99

100

712

indictment must be found in two years

712

defendant married man, and prosecutrix aware of fact...

712

what is meant by previous chaste character..

712

conditional promise......

712

not necessary that female should be corroborated on every material
statement

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PAGE.

when made......

how pronounced..

court to ascertain defendant's trade, &c.....

sheriff to transmit name, age, &c.....

court to demand what defendant has to say

defendant may allege ground in arrest of judgment

SENTENCE (See JUDGMENT):

when corporal punishment to be inflicted, defendant to be present.. 390

389, 390

389

390-394

391

391

391

court may correct sentence

no authority to suspend sentence

when affidavits may be submitted in mitigation of
no service of affidavits required......

a joint sentence may be passed....

when party subject to two distinct punishments.
what court sentence is rendered in.................

how rendered, when conviction is removed.....
sentence to expire between March and November..
the above provision is merely directory.....

sentence where there are several convictions.

persons under sixteen, may be sentenced to house of refuge

provisions in relation to certain judicial districts......

age, how ascertained.....

persons over sixteen and under twenty-one, may be sentenced to
penitentiary....

391

391

392

..

392

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393

393

393

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394

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395

... 395

396

what state prisons convicts to be sentenced to be confined in
female convicts, where sentenced to be confined

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for term less than two years, suspends civil rights, &c................

person sentenced to be imprisoned for life, deemed civilly dead

sentenced for felony, not competent to testify

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list of punishments for felonies....

punishment for misdemeanors...

surety of the peace may be required in addition to punishment

punishment of accessories and principals in the second degree

punishment for attempts to commit offences....

for committing second offences..

sentence of death, execution of, and proceedings on.

SEPARATE TRIAL OF DEFENDANTS JOINTLY INDICTED:

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SESSIONS, COURTS OF:

organization of....

in city and county of New York..

jurisdiction of.....

nor to enter nolle prosequi for offence not triable in that court

45

45

connty judge to designate terms of..

no power to arraign and receive plea for murder..

county judge may open court to take recognizances........

their power to grant new trials.....

their power to send indictments to oyer and terminer.
adjournments of.......

when petit jurors to attend.

46

47

47

47

48

48

48

authorized to continue their sittings..

SESSIONS, GENERAL:

court of.......

its jurisdiction..

SUBPOENAS (See GRAND JURY, SPECIAL SESSIONS, SUMMARY CONVIC-

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trial in, without jury...

what officers have power to punish in summary manner

power founded on Legislative authority.....

no new offence cognizable on, unless expressly made so by statute.. 137

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no intendment admitted to help out a defective description.

139

of the warrant...

140

141
parties may voluntarily appear, join issue or confess the complaint.. 141
appearance and plea
141

...

general regulations in regard to form and requirements of the warrant 140
the term warrant implies seal, except when seal is dispensed with by
statute ....

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