$601. Defendant may be arrested in any county. The defendant may be arrested pursuant to the order, upon a certified copy thereof, in any county, in the same manner as upon a warrant of arrest; except, that when arrested in another county, the order need not be indorsed by a magistrate of that county. § 602. If for failure to appear for judgment, defendant must be committed. If the order recite, as the ground upon which it is made, the failure of the defendant to appear for judgment upon conviction, the defendant must be committed according to the requirement of the order. § 603. If for other cause, he may be admitted to bail. If the order be made for any other cause, and the crime be bailable, the court may fix the amount of bail, and may direct in the order, that the defendant be admitted to bail in the sum fixed, which must be specified in the order. § 604. Bail in such case, by whom taken. When the defendant is admitted to bail, the bail may be taken by any magistrate in the county, having authority, in a similar case, to admit to bail upon the holding of the defendant to answer before indictment, as prescribed in sections 557 and 558, or by any other magistrate to be designated by the court. § 605. Form of the undertaking. When bail is taken upon the recommitment of the defendant, the undertaking of bail must be in substantially the following form: "An order having been made on the day of 18-, by the court of [naming the court], that A. B. be admitted to bail in the sum of - dollars, in an action pending in that court against him in behalf of the people of the state of New York, upon an [information, presentment indictment or appeal, as the case may be], "We, A. B., defendant [if the defendant join in the undertaking], and C. D., surety of [stating his place of residence and occupation], and E. F., surety of [stating his place of residence and occupation], hereby, jointly and severally, undertake that the abovenamed A. B. shall appear in that or any other court in which his appearance may be lawfully required, upon that [information, presentment indictment or appeal, as the case may be], and shall at all times render himself amenable to its orders and process, and appear for judgment and surrender himself in execution thereof; or if he fail to perform either of these conditions, that we will pay to the people of the state of New York the su.n of --- dollars" [inserting the sum in which the defendant is admitted to bail]. § 606. Qualifications of bail and how put in. The bail must possess the qualifications, and must be put in, in all respects, in the manner prescribed by sections 569 to 577, inclusive, CHAPTER II, COMPELLING THE ATTENDANCE OF WITNESSES. SECTION 607. Subpoena, defined. 608. Magistrate may issue subpoenas, on information or presentment. ment. 611. Clerk may issue blank subpoenas, for witnesses for defendant, on trial. 612. Form of subpoenɛ. 613. Requirement in subpoena, to produce books, papers and documents. 614. Subpoena, by whom served. 615. How served. 616. Fees of witnesses in behalf of the people. 617. Fees of defendant's witnesses. 618. Duty of witness, on service of subpoena. 618a. Subpoena of witnesses to testify in criminal actions without the state. 607. Subpoena, defined. The process by which the attendance of a witness, before a court or magistrate is required, is a subpœna. § 608. Magistrate may issue subpoenas, for witnesses before grand jury. A magistrate, before whom an information is laid, may issue subpœnas, subscribed by him, for witnesses within the state, either on behalf of the people or of the defendant. 609. District attorney may issue subpoenas for witnesses before grand jury. The district attorney of the county may issue subpoenas, subscribed by him, for witnesses within the state, in support of the prosecution or for such other witnesses as the grand jury may direct, to appear before the grand jury, upon an investigation pending before them. 3 R. S. 1019, § 32. 610. He may also issue subpoenas, for the people, on trial of an indictment. The district-attorney may, in like manner, issue subpoenas subscribed by him, for witnesses within the state, in support of an indictment, to appear before the court at which it is to be tried. 3 R. S. 1023, § 66. $611. Clerk may issue blank subpœnas for witnesses for defendant, on trial. The clerk of the court at which an indictment is to be tried, must, at all times, upon the application of the defendant, and without charge, issue as many blank subpoenas, under the seal of the court and subscribed by him as clerk, for witnesses within the state, as may be required by the defendant. Id. § 62. § 612. Form of subpoena. A subpoena, authorized by the last four sections, must be substantially in the following form: 66 "In the name of the people of the state of New York: To A. B. 'You are commanded to appear before C. D., à justice of the peace of the town of——, [or "the grand jury of the county of or the county court of the county of," or as the case may be], at [naming the place], on [stating the day and hour], as a witness in a criminal action prosecuted by the people of the state of New York, against E. F. of "Dated at the town of 18-. [as the case may be], the- day “G. H., justice of the peace," [or “I. K., district-attorney," or "By order of the court, L. M., clerk," as the case may be.] § 613. [am'd 1897.] Requirement in subpoena, to produce, etc. If chattels, books, papers or documents be required, a direction to the following effect must be contained in the subpoena "And you are required also to bring with you the following" (describing intelligibly the chattels, books, papers or documents required). § 614. Subpoena, by whom served. A peace officer must serve, in his county, city, town or village, as the case may be, any subpoena delivered to him for service, either on the part of the people or of the defendant and must make a written return of the service, subscribed by him, stating the time and place of service without delay. A subpoena may, however, be served bp any other person. : 2615. How served. A subpoena is served, by delivering it, or by showing it, and delivering a copy thereof, to the witness personally. § 616. [am'd 1899.] Fees of witnesses in behalf of the people. - A witness in behalf of the people in a criminal action in a court of record is entitled to the same fees and mileage as a witness in a civil action in the same court, payable by the treasurer of the county upon the certificate of the clerk of the court, stating the number of days the witness actually attended and the number of miles traveled by him in order to attend. Such certificate shall only be issued by the clerk upon the production of the affidavit of the witness, stating that he attended as such either on subpoena or request of the district attorney, the number of miles necessarily traveled and the duration of attendance. An officer in any state department who attends as a witness under this section in his official capacity, or in consequence of any official action taken by him, and who receives a fixed sum in lieu of expenses, or who is entitled to receive the actual expenses incurred by him in the discharge of his official duties, is not entitled to the compensation herein provided. § 617. [am'd 1895.] Fees of defendant's witnesses. In any such action, the court may also, in its discretion, by order, direct the county treasurer to pay a reasonable sum, to be specified in the order, to any witness attending in behalf of the defendant. not exceeding the amount payable to a witness in a civil action in the same court. Upon the production of the order or a certified copy thereof, the county treasurer must pay the witness the sum specified therein, out of the county treasury. Νο § 618. [am'd 1895.] Duty of witness, on service of subpoena. A person served with a subpoena, issued by any officer of any court of.record of this state, a district attorney or a county clerk, must attend in obedience to the subpoena, at the time and place and before the court therein named within any county of this state. person is obliged to attend as a witness upon a subpoena, issued by any person or court other than a judge of a court of record, a court of record, a district attorney, or a county clerk, out of the county where the witness resides or is served with the subpoena, unless the county judge of the county where such subpoena is returnable, a justice of the supreme court, or a court of record, upon an affidavit of the prosecutor or district attorney, or of the defendant or his counsel, stating that he believes that the evidence of the witness is material, and his attendance at the trial or examination necessary, shall indorse on the subpoena an order for the attendance of the witness. 618a. [added 1902.] Subpoena of witnesses to testify in criminal actions without the state. If a judge of a court of record in any state bordering on this state which by its laws has heretofore made provision for commanding persons within its borders to attend and testify in criminal actions in this state. certifies under the seal of such court that there is a criminal action pending in such court, wherein the defendant is charged with a crime of the grade of a felony, and that a person residing or being within this state is believed to be a material and necessary witness in such action, a judge of a court of record in this state, upon the presentation of such certificate and such proof of the materiality and necessity of such witness as he may require, opportunity being given such witness to appear before such judge and be heard in opposition thereto, and upon request so to do by the clerk of the court issuing such certificate, shall issue and attach to such certificate a subpoena commanding such witness to appear and testify in the court where such criminal action is pending at the time and place to be stated therein. If any person on whom such subpoena has been served in the' manner provided by this chapter, having been tendered by the party asking for the subpoena the sum of ten cents for each mile to be traveled to and from such court, and the sum of five dollars for each day that his attendance is required, the number of days to be specified in the subpoena, shall unreasonably neglect to attend and testify at such court, he shall be punished in the manner provided for the punishment of disobedience of any other subpoena issued from a clerk of a court of record in this state, provided, however, that the laws of the state in which the trial is to be held gives to persons coming in the state under such subpoena, protection from the service of papers and arrest. § 619. Disobedience to subpoena, or refusal to be sworn or to testify, how punished. Disobedience to a subpoena, or a refusal to be sworn or to testify. may be punished by the court or magistrate, as for a criminal contempt in the manner provided in the Code of Civil Procedure. Code Civ. Pro. §§ 8-13, 853-963. CHAPTER III. EXAMINATION OF WITNESSES, CONDITIONALLY. Section 620. Witnesses to be examined conditionally, for the defendant as provided in this chapter. 621. In what cases defendant may apply for order. 624. If not during term, to whom to be made. 625. The order, when granted and what to contain. 626. If made by the court, may direct examination before a judge or magistrate. If made by a judge, examination to be before him. 627. On proof of service, if district attorney absent, examination to proceed. 628. If facts on which order was founded, be disapproved, examination not to proceed. 629. Testimony, how taken and authenticated. 630. Deposition, how, by whom and when filed. 631. When it may be read in evidence. 632. When to be excluded. 633. On reading the deposition, on trial, what objections may be taken. 634. Attendance of witness for examination, how compelled. 635. Disobedence of witness, how punished. 620. Witnesses to be examined conditionally, for the defendant as provided in this chapter. When a defendant has been held to answer a charge of a crime, he may, either before or after indictment, have witnesses examined conditionally on his behalf, as prescribed in this chapter, and not otherwise. 3 R. S. 1025, § 79. § 621. In what cases defendant may apply for order. When a material witness for the defendant is about to leave the state, or is so sick or infirm, as to afford reasonable grounds for apprehending that he will be unable to attend the trial, the defendant may apply for an order that the witness be examined conditionally. 3 R. S. 653, § 2. § 622. Application, on what fact to be founded. plication must be made upon affidavit, showing: 1. The nature of the crime charged; 2. The state of the proceedings in the action; The ap 3. The name and residence of the witness, and that his testimony is material to the defense of the action; and, 4. That the witness is about to leave the state, or is so sick or infirm as to afford reasonable grounds for apprehending that he will be unable to attend the trial. 3 R. S. 1025, § 79. § 623. If during term, to be made to the court. The application, if made during the term, must be made to the court. Id. |