$211. [am'd 1897.] Defendant to choose how he shall be tried. If the crime with which the defendant is charged be one triable, as provided in subdivision thirty-seven of section fifty-six, by a court of special sessions of the county in which the same was committed, the magistrate, before holding the defendant to answer, must inform him of his right to be tried by a court of special sessions, and must ask him how he will be tried. If the defendant shall not require to be tried by a court of special sessions, he can only be held to answer to a court having authority to inquire by the intervention of a grand jury in offenses triable in the county. § 212. Order for bail, on commitment. If the crime be bail able, and the defendant be admitted to bail, but bail have not been taken, the following words, or words to the same effect, must be added to the indorsement mentioned in section 208, and that he be admitted to bail in the sum of. dollars, and be committed to 66 [or in the city and county of New York, "to the keeper of the city prison of the city of New York" until he give such bail. § 213. Form of commitment. If the magistrate order the defendant to be committed as provided in sections 209 and 212, he must make out a commitment, signed by him, with his name of office, and deliver it, with the defendant, to the officer to whom he is committed, or, if that officer be not present, to a peace officer, who must immediately deliver the defendant into the proper custody, together with the commitment. 214. Form of commitment. The commitment must be to the following effect: In the name of the people of the state of New York: "To the sheriff of the county of Albany' [or in the city and county of New York, to the keeper of the city prison of the city of New York '] : “An order having been this day made by me, that A. B. be held to answer to the court of upon a charge of [stating briefly the nature of the crime], you are commanded to receive him into your custody and detain him, until he be legally discharged. "Dated at the city of Albany [or as the case may be], this day of 18-. § 215. Undertaking of witnesses to appear, when and how taken. On holding the defendant to answer, the magistrate may take from each of the material witnesses examined before him on the part of the people, a written undertaking, to the effect that he will appear and testify at the court to which the depositions and statement are to be sent, or that he will forfeit the sum of $100. $216. Security for appearance of witnesses, when and how required. When the magistrate is satisfied, by proof on oath, that there is reason to believe that any such witness is an accomplice in the commission of the crime charged, he may order the witness to enter into a written undertaking, with such suretics, and in such sum as he may deem proper, for his appearance as specified in the last section. $217. [Original § 217 was repealed 1883; this section added 1888, am'd 1892.] Witnesses under sixteen. Children under the age of sixteen years, when witnesses, may be committed as provided by section two hundred and ninety-one of the Penal Code subject to the order of the trial court. § 218. Witness to be committed on refusal to give security for appearance. If a witness, required to enter into an undertaking to appear and testify, either with or without sureties, refuse com pliance with the order for that purpose, the magistrate must commit him to prison until he comply or be legally discharged. § 219. [am'd 1887.] Conditional examination of witnesses. A witness may be conditionally examined on behalf of the people in the manner and with the effect provided by title 12, chapter 3 of this Code, for taking examination of witnesses conditionally on behalf of the defendant. A copy of the order and affidavit upon which the application is made, together with notice of the time and place where the examination is to be taken, shall be served on the defendant, and his counsel, if he have any, at least two days before the time fixed for such examination, and the defendant may be present personally upon such examination to confront the witness produced against him. if the defendant have no counsel the order shall contain a provision assigning counsel to him for the purpose of such examination upon whom a copy of said order, affidavit and notice shall be served. § 220. [am'd 1897.] Justices' criminal docket.-Every justice of the peace and every police or other special justice appointed or elected in a city, village or town other than in the city and county of New York, shall forthwith enter correctly at the time thereof, full minutes of all business done before him as such justice and as a court of special sessions in criminal actions and in criminal proceedings and including cases of felony, a in book to be furnished to him by the clerk of the city, village or town where he shall reside, and which shall be designated “justice › criminal docket,” and shall be at all times open for inspection to the public. Such docket shall be and remain the property of the city, village or town of the residence of such justice and at the expiration of the term of office of such justice shall be forthwith filed by him in the office of the clerk of said city, village or town. The minutes in every such docket shall state the names of the witnesses sworn, and their places of residence and if in a city, the street and house number; and every proceeding had before him. Any justice of the peace or police or other special just ce who shall willfully fail to make and enter in such docket forthwith, the entries by this section required to be made or to exhibit such docket when reasonably required, shall be guilty of a misdemeanor and shall upon conviction in addition to the punishment provided by law for a misdemeanor forfeit his office. § 221. [am'd 1895, 1896.] Magistrate to return depositions, statement and undertaking of witnesses to court: Whenever a magistrate has discharged a defendant, or held him to answer, as provided in sections two hundred and seven and two hundred and eight, he must, within five days thereafter, return to the clerk of the supreme court or county court or other court having power to inquire into the offenses by the intervention of a grand jury, the warrant, if any, the depositions, the statement of the defendant, if he have made one, and a 1 undertakings of bail, or for the appearance of witnesses, taken by him. |