county, the sheriff of the latter must upon demand, deliver him to the sheriff of the former county, upon being served with a copy of the indictment, and upon a receipt endorsed thereon by the sheriff of the former county, of the body of the defendant; and is, on filing the copy of the indictment and the receipt, exonerated from all liability in respect to the custody of the defendant.

The first sentence of this section is in conformity with 2 R. S. 3d ed., 813, sec. 50. The second sentence is in accordance with the decision of the supreme court, in The People v. Mason, 9 Wend. 505.

§ 137. In the case of an accessary after the fact in the commission of a public offence, the jurisdiction is in the county where the offence of the accessary was committed, notwithstanding the principal offence was committed in another county.

Same as 2 R. S. 3d ed., 813, sec. 48; except that it is confined to accessaries after the fact; the distinction between an accessary before the fact and a principal being abolished by this code.

§ 138. When an act charged as a public offence, is within the jurisdiction of another state, country or territory, as well as of this state, a conviction or acquittal thereof in the former, is a bar to a prosecution or indictment therefor in this state.

Same as 2 R. S. 3d ed., 746, sec. 7.

§ 139. When an offence is within the jurisdiction of two or more counties, a conviction or acquittal thereof

in one county, is a bar to a prosecution or indictment

therefor in another.

Necessary to prevent two convictions for the same offence in different counties.

TITLE II.

OF THE TIME OF COMMENCING CRIMINAL ACTIONS.

SECTION 140. Prosecution for murder may be commenced at any time. 141. Limitation of two years, in indictments for personating another and marrying in such assumed character, and for abduction and seduction.

142. Limitation of three years, in all other cases.

143. Exception, when defendant is out of the state.

144. Indictment deemed found, when presented in court and filed.

140. There is no limitation of time, within which a prosecution for murder must be commenced. It may be commenced at any time after the death of the person killed.

Same as 2 R. S., 3d ed, 812, sec. 37.

§ 141. An indictment for a public offence must be found within two years after its commission, in the following cases:

1. Falsely representing or personating any person, and in such assumed character marrying another:

2. Inveigling, enticing or taking away an unmarried female of previous chaste character, under the age of twenty-five years, for the purpose of prostitution:

3. Seducing and having illicit connection with an unmarried female of previous chaste character, under promise of marriage.

The limitation of a prosecution for falsely representing or personating any person, and in such assumed character marrying another, is, by the existing statutes, the same as prescribed in this section. 2 R. S., 3d ed., 763, sec. 49.

also, in the case of abduction. Laws of 1848, p. 118, ch. 105. Seduction has been included, as being within the principle of the other cases. See Laws of 1848, p. 148,' ch. 111.

§ 142. In all other cases, an indictment for a public offence must be found withing three years after its commission.

Same as 2 R. S.. 3d ed, 812, sec. 37.

§ 143. If, when the offence is committed, the defendant be out of the state, the indictment may be found within the term herein limited after his coming within the state; and no time, during which the defendant is not an inhabitant of or usually resident within the state, is part of the limitation.

Substantially the same as 2 R. S., 3d ed., 812, sec. 37.

§ 144 An indictment is found, within the meaning of the last three sections, when it is duly presented by the grand jury in open court, and there received and filed.

Intended to render the rule as to the period of computation, definite and certain.

TITLE III.

OF THE INFORMATION, AND PROCEEDINGS THEREON TO THE COMMITMENT INCLUSIVE.

CHAPTER 1. The information.

II. The warrant of arrest.

III. Arrest by an officer, under a warrant.
IV. Arrest by an officer, without a warrant.
V. Arrest by a private person.

VI. Re-taking, after an escape or rescue.

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

CHAPTER I.

THE INFORMATION.

SECTION 145. Information, defined.

146. Magistrate, defined.

147. Who are magistrates.

§145. The information is the allegation made to a magistrate, that a person has been guilty of some designated public offence.

§ 146. A magistrate is an officer, having power to issue a warrant for the arrest of a person charged with a public offence.

The definition of the term "magistrate," as used throughout the code, is here given, to save the unnecessary repetition of the official names of the officers who come within this description.

§ 147. The following persons are magistrates:

1. The judges of the supreme court:

2. The county judges, and special county judges:

3. The judges of the superior court of the city of New-York:

4. The judges of the court of common pleas of the city of New-York:

5. City judges:

6. Justices of the peace:

7. Police and other special justices, appointed or elected in a city, village, or town:

8. The mayors and recorders' of cities.

The same as 2 R. S., 3d ed., 792, sec. 1; except in the omission of aldermen, who, in the opinion of the Commissioners, need not possess the powers of magistrates, and the addition of the city judges.

CHAPTER II.

THE WARRANT OF ARREST.

SECTION 148. Examination of the prosecutor and his witnesses, upon the infor

152. Name or description of the defendant, in the warrant, and statement

of the offence.

153. Warrant to be directed to and executed by a peace officer.

154. Who are peace officers.

155, 156. To what peace officers warrant to be directed, and when and how to be executed in another county.

157. Endorsement on the warrant, for service in another county, how and upon what proof to be made.

158. Defendant to be taken before the magistrate issuing the warrant, or
another magistrate in the same county.

159. Defendant, arrested for a misdemeanor in another county, to be
taken before a magistrate therein, and admitted to bail.
160. Proceedings on taking bail from the defendant, in such case.
161. Proceedings, where he is admitted to bail in such case,

not given.

but bail is

162. Before what magistrate in the same county, defendant is to be taken, when the magistrate issuing the warrant is unable to act.

163. Defendant, in all cases to be taken before a magistrate, without delay.

164. If defendant taken before another magistrate than the one who issued the warrant, depositions to be sent to the magistrate, or witnesses to be examined anew.