fore a magistrate in the same manner as if he had been arrested upon an ordinary information as defined by section 145. Matter of Ramscar, 63 How. Pr. 255; 1 N. Y. Cr. Rep. 33. In People v. McGloin, 91 N. Y. 241; 12 Abb. N. C. 172, it was held that sections 188-200, Code Crim. Proc., refer in terms only to the judicial examinations therein provided for, regularly instituted before one of the magistrates described in section 147 for the examination of criminals, and do not include a statement made after arrest to a coroner, not acting in an official capacity, but simply as a clerk to take down said statement. $189. Time to send, and sending for counsel. He must also allow the defendant a reasonable time to send for counsel, and adjourn the examination for that purpose; and must, upon the request of the defendant, require a peace officer to take a message to such counsel in the town or city, as the defendant may name. The officer must, without delay and without fee, perform that duty. See references under § 188, ante. § 190. On appearance of counsel, or waiting for him a reasonable time, examination to proceed. The magistrate, immediately after the appearance of counsel, or if none appear and the defendant require the aid of counsel, must, after waiting a reasonable time therefor, proceed to examine the case, unless the defendant waives examination and elects to give bail, in which case the magistrate must admit the defendant to bail if the crime is bailable, as provided in section two hundred and ten; and in that case witnesses in attendance or shown to be material for the people may be required to appear and testify, or to be examined conditionally as prescribed in sections two hundred and fifteen, two hundred and sixteen, two hundred and seventeen, two hundred and eighteen, two hundred and nineteen and two hundred and twenty. See references under § 188, ante. 191. When to be completed; adjournment.— The examination must be completed at one session, unless the magistrate, for good cause shown, adjourn it. The adjournment cannot be for more than two days at each time, unless by consent or on motion of the defendant. See People v. McGloin, 91 N. Y. 248; 12 Abb. N. C. 172; People v. Mondon, 103 N. Y. 221; reversing 38 Hun, 191. A magistrate has no authority to commit for a hearing on a subsequent day until the accused has been first brought before him. Pratt v. Hill, 16 Barb. 303, A state magistrate may commit for a further hearing touching a crime against the United States. Ex parte Smith, 5 Cow. 273. In a temporary commitment by a magistrate for further examination on a charge of larceny, not necessary to state whether grand or petit. People v. Nash, 5 Park. 473; 16 Abb. Pr. 281. § 192. On adjournment, defendant to be committed, or discharged on deposit of money. If an adjournment be had for any cause, the magistrate must commit the defendant for examination, or discharge him from custody, upon his giving bail to appear during the examination, or upon the deposit of money as provided in this Code, to make sure of his appearance at the time to which the examination is adjourned. See People v. McGloin, 91 N. Y. 248; 12 Abb. N. C. 172; People v. Mondon, 103 N. Y. 221; reversing 38 Hun, 191. § 193. Form of commitment for examination.- The commitment for examination 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..... ." (or in the city and county of New York "to the keeper of the city prison of the city and county of New York.") "A. B. having been brought before me under a warrant of arrest upon the charge of (stating briefly the nature of the crime) is committed for examination to the sheriff of the county of ," or in city or county of New York "to the keeper of the city prison of the city of New York." day of..... 'C. D.' 'Justice of the Peace' (or as the case may be.) Amended, Laws 1899, chap. 608. Taking effect Sept. 1, 1899. $194. Depositions, to be read on examination, and witnesses examined. At the examination, the magistrate must, in the first place, read to the defendant the depositions of the witnesses examined on the taking of the information, and if the defendant request it, or elects to have the examination, must summon for cross-examination the witnesses so examined, if they be in the county. He must also issue subpœnas for additional witnesses required by the prosecutor or defendant. See People v. McGloin, 91 N. Y. 248; 12 Abb. N. C. 172; People v. Mondon, 38 Hun, 191; 103 N. Y. 221; People v. Restell, 3 Hill, 289; Son v. People, 12 Wend. 344. $195. Examination of witnesses to be in presence of defendant, and witnesses to be cross-examined in his behalf. The witnesses must be examined in the presence of the defendant, and may be cross-examined in his behalf. See People v. McGloin, 91 N. Y. 248; 12 Abb. N. C. 172; People v. Restell, 3 Hill, 289; Bebee v. People, 5 id. 33. $196. Defendant to be informed of his right to make a statement. - When the examination of the witnesses on the part of the people is closed, the magistrate must inform the defendant, that it is his right to make a statement in relation to the charge against him (stating to him the nature thereof); that the statement is designed to enable him, if he sees fit, to answer the charge and to explain the facts alleged against him; that he is at liberty to waive making a statement; and that his waiver cannot be used against him on the trial. See People v. McMahon, 2 Park. 669, 670; People v. Hendrickson, 1 id. 416; People v. McGloin, 91 N. Y. 248; 12 Abb, N. C. 172; People v. Mondon, 103 N. Y. 221; 4 N. Y. Cr. Rep. 561; People v. Chapleau, 30 State Rep. 992. § 197. Waiver of his right and its effect. If the defendant waive his right to make a statement, the magistrate must make a note thereof, immediately following the depositions of the witnesses against the defendant. See People v. McGloin, 91 N. Y. 248; 12 Abb. N. C. 172; People v. Mondon, 38 Hun, 191. 198. Statement, how taken. If the defendant choose to make a statement, the magistrate must proceed to take it in writing, without oath, and must put to the defendant the following questions only: What is your name and age? Where were you born? Where do you reside, and how long have you resided there? What is your business or profession? Give any explanation you may think proper, of the circumstances appearing in the testimony against you, and state any facts which you think will tend to your exculpation. See Bellinger v. People, 8 Wend. 595; People v. Moore, 15 id. 419; Matter of Boswell; 34 How. Pr. 347; People v. McGloin, 91 N. Y. 248; People v. Mondon, 103 id. 221; 4 N. Y. Cr. Rep. 561. § 199. Statement, how taken. The answer of the defendant to each of the questions must be distinctly read to him as it is taken down. He may thereupon correct or add to his answer, and it must be corrected until it is made conformable to what he declares to be the truth. See People v. McGloin, 91 N. Y. 248; 12 Abb. N. C. 172; People v. Mondon, 38 Hun, 191. 200. How reduced to writing and authenticated. — The statement must be reduced to writing by the magistrate, or under his direction, and authenticated in the following manner: 1. The authentication must set forth, in detail, that the defendant was informed of his rights as provided in section one hundred and ninety-six, and that, after being so informed, he made the statement; 2. It must contain the questions put to him, and his answers thereto, as provided in sections one hundred and ninety-eight and one hundred and ninety-nine; 3. It may be signed by the defendant, or he may refuse to sign it; but if he refuse to sign, his reason therefor must be stated as he gives it; 4. It must be signed and certified by the magistrate. See People v. Webster, 3 Park. 503; 14 How. 242; People v. McGloin, 91 N. Y. 241; 12 Abb. N. C. 172; People v. Chapleau, 121 N. Y. 266; People v. Restell, 3 Hill, 289; People v. Moore, 15 Wend. 419. The omission of a complainant or his witnesses to sign the deposition taken before a committing magistrate as required by the Code of Criminal Procedure, is an irregularity which will be held to be waived unless the defendant has interposed the objection at the first available opportunity. People v. Winness, 3 N. Y. Cr. Rep. 89. 201. After statement of waiver, defendant's witnesses to be examined. After the waiver of the defendant to make a statement, or after he has made it, his witnesses, if he produce any, must be sworn and examined. § 202. Witnesses to be kept apart. The witnesses produced on the part either of the people or of the defendant cannot be present at the examination of the defendant; and while a witness is under examination, the magistrate may exclude all witnesses who have not been examined. He may also cause the witnesses to be kept separate, and to be prevented from conversing with each other until they are all examined. See 1 Greenl. Ev. (14th ed.), § 432; Thompson Trials, § 275; 16 Am. St. 25. 203. Who may be present at examination.— The mag. istrate may also exclude from the examination every person, except the clerk of the magistrate, the prosecutor and his counsel, the attorney-general, the district attorney of the county, the defendant and his counsel and the officer having the defendant in custody. $204. Testimony, how taken and authenticated.The testimony given by each witness must be reduced to writing, as a deposition, by the magistrate or under his direction, and authenticated in the following manner: 1. The authentication must state the name and age of the witness, his place of residence, and his business or profession; 2. It must, unless deposition by question and answer be waived by the defendant and the witness, contain the questions put to the witness and his answers thereto, each answer being distinctly read to him as it is taken down and being corrected or added to, until it is made conformable to what he declares to be the truth; 3. If a question put be objected to on either side, and overruled, or the witness decline answering it, that fact, with the ground on which the question was overruled or the answer declined, must be stated; 4. The deposition must be signed by the witness, or if he refuse to sign it, his reason for refusing must be stated in writing as he gives it; 5. It must be signed and certified by the magistrate. 6. The foregoing provisions shall apply to preliminary examinations in the city and county of New York only when either the defendant or the district attorney, or the representative of the district attorney shall so elect. Subd. 6 added by chap. 818 of 1896. In effect May 21, 1896. See People v. Johnson, 46 Hun, 671; People v. Winness, 3 N. Y. Cr. Rep. 89. § 205. Depositions and statement; how and by whom kept. The magistrate or his clerk must keep the depositions taken on the information or on the examination, and the statement of the defendant, if any, until they are returned to the proper court; and must not permit them to be inspected by any person, except a judge of a court having jurisdiction of the offense, the attorney general, the district attorney of the county, and the defendant and his counsel, and the complainant and his counsel. See People v. Johnson, 46 Hun, 671. § 206. Defendant entitled to copies of depositions and statement. - If the defendant be held to answer the charge, the |