§ 181. May take before a magistrate a person arrested by a bystander for breach of the peace.

A peace officer may take before a magistrate a person who, being engaged in a breach of the peace, is arrested by a bystander and delivered to him.

§ 182. Magistrate may commit by verbal or written order, for offenses committed in his presence.

When a crime is committed in the presence of a magistrate, he may, by a verbal or written order, command any person to arrest the offender, and may thereupon proceed as if the offender had been brought before him on a warrant of arrest.

People v. Glennon (1903), 175 N. Y. 55; People v. Jeratino (1909), 62 Misc. 587, 116 N. Y. Supp. 1121.

:

CHAPTER V.

ARREST BY A PRIVATE PERSON.

SECTION 183. In what cases allowed.

184. Must inform the party of the cause of arrest, except when actually committing the offense or on pursuit after escape.

185. Must immediately take prisoner before a magistrate, or deliver him to a peace officer.

§ 183. In what cases allowed.

A private person may arrest another:

1. For a crime committed or attempted in his presence;

2. When the person arrested has committed a felony, although not in his presence.

People v. Shanley (1886), 40 Hun 478; People ex rel. Gunn v. Webster (1894), 75 Hun 281, 58 St. Rep. 227, 26 N. Y. Supp. 1007; Woodhull v. Mayor, etc. (1894),76 Hun 397, 28 N. Y. Supp. 120; Stevens v. Van Ness (1892), 47 St. Rep. 385, 19 N. Y. Supp. 950; Smith v. Botens (1891), 13 N. Y. Supp. 224, 36 St. Rep. 54; Ball v. Harrigan (1892), 19 N. Y. Supp. 913; Murphy v. Snitzpan (1896),15 Misc. 500, 72 St. Rep. 288, 36 N. Y. Supp. 1013; Athletic Club v. Wurster (1897), 19 Misc. 450, 43 N. Y. Supp. 703; Grinnell v. Weston (1904), 95 App. Div. 457, 88 N. Y. Supp. 781; McMorris v. Howell (1903), 89 App. Div. 278, 85 N. Y. Supp. 1018; Tobin v. Bell (1902), 73 App. Div. 41, 45, 76 N. Y. Supp. 425; People ex rel. Clapp v. Listman (1903), 40 Misc. 874, 82 N. Y. Supp. 263; People v. Glennon (1902), 37 Misc. 1, 5, 74 N. Y. Supp. 794; People v. Hochstim (1901), 36 Misc. 562, 571, 73 N. Y. Supp. 626; Johnston v. Bruekleimer (1909), 133 App. Div. 649, 118 N. Y. Supp. 189; Gearity v. Strasbourger (1909), 133 App. Div. 701, 118 N. Y. Supp. 257.

§ 184. Must inform the party of the cause of arrest, except when actually committing the offense or on pursuit after escape.

A private person, before making an arrest, must inform the person to be arrested of the cause thereof, and require him to submit, except when he is in the actual commission of the crime, or when he is arrested on pursuit immediately after its commis

§ 185. Must immediately take prisoner before a magistrate, or deliver him to a peace officer.

A private person, who has arrested another for the commission of a crime, must, without unnecessary delay, take him before a magistrate, or deliver him to a peace officer.

Cunningham v. Shea (1896), 11 App. Div. 627, 97 N. Y. Supp. 884; Tobin v. Bell (1902), 73 App. Div. 41, 46, 76 N. Y. Supp. 425; People ex rel. Clapp v. Listman (1903), 40 Misc. 374, 82 N. Y. Supp. 263.

CHAPTER VI.

RETAKING, AFTER AN ESCAPE OR RESCUE.

SECTION 186. May be at any time, or in any place in the state.

187. May break open a door or window, if admittance refused.

§ 186. May be at any time, or in any place in the state. If a person arrested escape or be rescued, the person, from whose custody he escaped or was rescued, may immediately pursue and retake him, at any time, and in any place in the state.

§ 187. May break open a door or window, if admittance refused.

To retake the person escaping or rescued, the person pursuing may, after notice of his intention and refusal of admittance, break open an outer or inner door or window of a building.

CHAPTER VII.

EXAMINATION OF THE CASE, AND DISCHARGE OF THE DEFENDANT OR HOLDING HIM TO ANSWER.

SECTION 188. Magistrate to inform defendant of the charge, and his right to

counsel.

189. Time to send, and sending for counsel.

190. On appearance of counsel, or waiting for him a reasonable time

examination to proceed.

191. When to be completed; adjournment.

192. On adjournment, defendant to be committed, or discharged on deposit of money.

193. Form of commitment for examination.

194. Depositions, to be read on examination, and witnesses examined. 195. Examination of witnesses to be in presence of defendant, and witnesses to be cross-examined in his behalf.

196. Defendant to be informed of his right to make a statement.

197. Waiver of his right, and its effect.

198, 199. Statement, how taken.

200. How reduced to writing, and authenticated.

201. After statement or waiver, defendant's witnesses to be examined. 202. Witnesses to be kept apart.

203. Who may be present at examination.

204. Testimony, how taken and authenticated.

205. Depositions and statement, how and by whom kept.

206. Defendant entitled to copies of depositions and statement.

207. Defendant, when and how to be discharged.

208. When and how to be committed.

209. Order for commitment.

210. Certificate of bail being taken.

211. Defendant to choose how he shall be tried.

212. Order for bail, on commitment.

213, 214. Form of commitment.

215. Undertaking of witnesses to appear, when and how taken.
216. Security for appearance of witness, when and how required.

217. Witness under sixteen.

218. Witness to be committed, on refusal to give security for appear

ance.

219. Witness, unable to give security, may be conditionally examined. 220. Justice's criminal docket.

221. Magistrate to return depositions, etc.

221a. Recognizances and other papers to be filed.

§ 188. Magistrate to inform defendant of the charge, and his right to counsel.