§ 136. Jurisdiction of crime on board a vessel. When a crime is committed in this state on board of a vessel navigating a river, lake or canal, or lying therein in the course of her voy age, or in respect to any portion of the cargo or lading of such boat or vessel, the jurisdiction is in any county through which, or any part of which, such river or canal passes, or in which such lake is situated or on which it borders, or in the county where such voyage terminates, or would terminate if completed.

An offense committed on board a vessel navigating a river must be tried in some county through which it passed, and not in its port of destination. People v. Hulse, 3 Hill, 309.

An offense committed on a steamboat close to the Long Island shore, in Suffolk county, upon a trip from the city of New York to Norwich, Conn., is not indictable in the county of New York. Manly v. People, 7 N. Y. 295; Haskins v. People, 16 id. 344.

In order to confer jurisdiction over an offense committed on board a boat upon a canal in respect to the cargo thereof, it must be averred in the indictment and proved that the crime was committed on board the boat or vessel, and on that trip or voyage she had passed through some part of the county where the indictment was found. Larkin v. People, 61 Barb. 226.

§ 137. Of crime committed in the state on board of any railway train, etc. When a crime is committed in this state, in or on board of any railway engine, train or car, making a passage or trip on or over any railway in this state, or in respect to any portion of the lading or freightage of any such railway train or engine car, the jurisdiction is in any county through which, or any part of which, the railway train or car passes, or has passed in the course of the same passage or trip, or in any county where such passage or trip terminates, or would terminate if completed.

See People v. Dowling, 84 N. Y. 478; 23 Alb. L. J. 353.

§ 138. Indictment for libel. When a crime of libel is committed by publication in any paper in this state, against a person residing in the state, the jurisdiction is in either the county where the paper is published, or in the county where the party libeled resides. But the defendant may have the place of trial changed to the county where the libel is printed, on executing a bond to the complainant in the penal sum of not less than two hundred and fifty dollars nor more than one thousand dollars, conditioned, in case the defendant is convicted, for the payment

of the complainant's reasonable and necessary traveling expenses in going to and from his place of residence and the place of trial, and his necessary expenses in attendance thereon, which bond must be signed by two sufficient sureties, to be approved by a judge of a court of record exercising criminal jurisdiction.

Whenever the crime of libel is committed against a person not a resident of this state, the defendant must be indicted and the trial thereof had in the county where the libel is printed and published. But if the paper does not, upon its face, purport to be printed or published in a particular county of this state, the defendant may be indicted and the trial thereof had in any county where the paper is circulated. In no case, however, can the defendant be indicted for the printing or publication of one libel in more than one county of this state.

[See Penal Code, § 249.

$139. Conviction or acquittal in another state, a bar, where the jurisdiction is concurrent. When an act charged as a crime is within the jurisdiction of another state, territory or country, as well as within the jurisdiction of this state, a conviction or acquittal thereof in the former, is a bar to a prosecution. or indictment therefor in this state.

See Penal Code, § 679; Fed. Const., Fifth Amendment.

140. Conviction or acquittal in another county, a bar, where the jurisdiction is concurrent. - When a crime is within the jurisdiction of two or more counties of this state, a conviction or acquittal thereof in one county is a bar to a prosecu tion or indictment thereof in another.

TITLE II.

OF THE TIME OF COMMENCING CRIMINAL ACTIONS.

SECTION 141. Prosecution for murder may be commenced at any time. 142. Limitation of five years.

143. Defendant out of state.

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

§ 141. Prosecution for murder may be commenced at any time. There is no limitation of time within which a prosecution for murder must be commenced. It may be com menced at any time after the death of the person killed.

§ 142. Limitation of five years.- An indictment for a felony, other than murder, must be found within five years after its commission, except where a less time is prescribed by statute. And an indictment for a misdemeanor must be found within two years after its commission.

See People v. O'Donnell, 46 Hun, 362; People v. Durrin, 2 N.Y.Cr. Rep. 333. § 143. Defendant out of state. If, when the crime 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.

§ 144. Indictment deemed found when presented in court and filled. 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.

TITLE III.

OF THE INFORMATION AND PROCEEDINGS THEREON TO THE

COMMITMENT, INCLUSIVE.

CHAPTER I. 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. Retaking, 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. Information defined.- The information is the allegation made to a magistrate that a person has been guilty of some designated crime.

See People v. Johnson, 46 Hun, 671; People v. Noah, 24 State Rep. 375. A person arrested after the filing of the coroner's inquisition is entitled to a hearing before a magistrate as though arrested on an ordinary information. Matter of Ramscar, 63 How. 255; 10 Abb. N. C. 442; 1 N. Y. Cr. Rep. 36. But see People v. McGloin, 91 N. Y. 241; 12 Abb. N. C. 172.

$146. Magistrate defined. A magistrate is an officer having power to issue a warrant for the arrest of a person charged with a crime.

$147. Who are magistrates. The following persons are magistrates:

1. The judges of the supreme court;

2. The judges of any city court;

3. The county judges and special county judges;

4. The city judge of the city of New York and the judge of the court of general sessions in the city and county of New York; 5. The justices of the peace;

6. The police and other special justices, appointed or elected in a city, village or town;

7. The mayors and recorders of cities.

See People v. McGloin, 91 N. Y. 241; 12 Abb. N. C. 172; People v. Nowak, 24 State Rep. 275; People v. Bates, 38 Hun, 181; 4 N. Y. Cr. Rep. 215.

CHAPTER II.

THE WARRANT OF ARREST.

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

information.

149. Depositions, what to contain.

150. In what case warrant of arrest may be issued.

151. Form of the warrant.

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

ment of the offense.

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

154. Who are peace officers.

SECTION 155. Warrant issued by certain judges.

156. Warrant issued by other magistrates.

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

158. Defendant, arrested for felony.

159. Defendant, arrested for a misdemeanor.

160. Proceedings on taking bail from the defendant, in such case. 161. Proceedings, where he is admitted to bail in such case, but bail

is not given.

162. Prisoner carried from county to city.

163. Power and privilege of officer.

164. When magistrate issuing the warrant is unable to act.

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

delay.

166. Defendant, before another magistrate than the one who issued

the warrant.

§ 148. Examination of the prosecutor and his witnesses, upon the information. When an information is laid before a magistrate, of the commission of a crime, he must examine on oath the informant and prosecutor, and any witnesses he may produce, and take their depositions in writing, and cause them to be subscribed by the parties making them.

See Tracy v. Seamans, 7 State Rep. 145; People v. Nowak, 24 id. 275.

The law does not require the information to be reduced to writing previously to issuing the warrant. Payne v. Barnes, 5 Barb. 465; Ex parte Boswell, 34 How. 347.

The omission of the magistrate to reduce the complaint to writing does not make the prosecutor a trespasser. Sleight v. Ogle, 4 E. D. Smith, 445.

The complaint need not be on oath, but the examination of complainant must be on oath. Ex parte Boswell, 34 How. 347.

A magistrate has no authority to order a person accused of a criminal offense to be committed until a subsequent day for examination without having first the accused brought before him. Pratt v. Hill, 16 Barb. 303.

Where the complaint is made on information the magistrate has power to issue subpoenas for witnesses. People v. Hicks, 15 Barb. 153.

The same strictness is not required in an information as on an indictment. People v. Robertson, 3 Wheel. C. C. 180.

The original information and depositions taken before the warrant was issued, however formerly drawn up, are not in themselves evidence against the accused at the trial. People v. Restell, 3 Hill, 290.

A written complaint made before a magistrate alleging that certain goods had been stolen, and that the complainant has probable cause to suspect and does suspect that A. stole them, is insufficient to justify the issuing a warrant for the arrest of the accused. Blodgett v. Race, 18 Hun, 132.

The omission of complainant or his witnesses to sign the deposition as required by this section is an irregularity, which will be held to be waived un