§ 574. Decision as to their sufficiency, and filing affidavits of justification and undertaking. The magistrate may also receive other testimony, either for or against the sufficiency of the bail, and may, from time to time, adjourn the taking of bail, to afford an opportunity of proving or disproving its sufficiency. New. § 575. When the examination is closed, the magistrate must make an order, either allowing or disallowing the bail, and must forthwith cause the same, with the affidavits of justification and the undertaking of bail, to be filed with the clerk of the court to which the depositions and statement must be sent, as prescribed in section two hundred and twenty-one. New. § 576. On allowance of bail and execution of undertaking, defendant to be discharged; form of discharge.—Upon the allowance of the bail and the execution of the undertaking, the court or magistrate must make an order, signed by him, with his name of office, for the discharge of the defendant, to the following effect: "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 of New York:'] A. B., who is detained by you on a commitment to answer a charge for the crime of [designating it generally], having given sufficient bail to answer the same, you' are commanded forthwith to discharge him from your custody." New. § 577. (Amended 1882.) If bail disallowed. — If the bail be disallowed, the defendant must be detained in custody until lawfully discharged. New, ARTICLE III. BAIL, UPON AN INDICTMENT BEFORE CONVICTION. SECTION 578. In misdemeanor, officer to take defendant before a magistrate. 579. In felony, to deliver him into custody. 580. Taking bail, when offense is bailable. 581. Bail, how put in; form of undertaking. 582. Sections applicable to qualifications of bail, to putting in and justifying bail, and to incidental proceedings. $578. In misdemeanor, officer to take defendant before magistrate. When the crime charged in the indictment is a misdemeanor, the officer serving the bench warrant must, if required, take the defendant before a magistrate in the county in which it is issued, or in which he is arrested, for the purpose of giving bail as prescribed in sections three hundred and two and three hundred and five. New. (a) Must be taken to proper county. A person arrested on a bench warrant cannot be let to bail before being taken to the county where he was indicted. (Ex parte Gorsline, 21 How., 85; 10 Abb., 282; People v. Chapman, 30 How., 202; see, also, People v. Folmsbee, 60 Barb., 480.) $579. In felony, to deliver him into custody. If the crime charged in the indictment be a felony, the officer arresting the defendant must deliver him into custody, according to the command of the bench warrant, as prescribed in section three hundred and one. New. (See People v. Cleros, 14 Hun, 90; 77 N. Y., 39.) $580. Taking bail, when offense is bailable. When the defendant is so delivered into custody, if the felony charged be bailable, and the amount of bail have been fixed, bail may be taken by the judge presiding in the court in which the indictment was found, or to which it is sent or removed, or by any magistrate in the county belonging to the class mentioned in the second subdivision of section five hundred and fifty-seven. New. $581. (Amended 1882.) Bail, how put in; form of undertaking. — The bail must be put in by a written undertaking, exeented by a sufficient surety, with or without the defendants, in the discretion of the magistrate, and acknowledged before the court or its clerk in open court or the magistrate in substantially the following form: "An indictment having been found on the day of eighteen hundred and in the court of sessions of the county of Albany [or as the case may be] charging A. B. with the crime of [designating it generally], and he having been duly admitted to bail in the sum of dollars. "We, A. B., defendant [if the defendant join in the undertaking], and C. D., surety or sureties, as the case may be, of [stating his place of residence and occupation], and E. F., of [stating his place of residence and occupation], hereby jointly and severally undertake that the above-named A. B. shall appear and answer the indictment above mentioned, in whatever court it may be prosecuted, and shall at all times render himself amenable to the orders and process of the court; and if convicted, shall appear for judgment, and render himself in execution thereof; or if he fails to perform either of these conditions, that we will pay to the people of the state of New York the sum of [inserting the sum in which the defendant is admitted to bail.] New in form. dollars" § 582. Sections applicable to qualifications of bail, to putting in and justifying bail, and to incidental proceedings. The provisions contained in sections five hundred and sixty-nine to five hundred and seventy-seven, both inclusive, apply to the qualifications of the sureties, and to all the proceedings respecting the putting in and justification of bail, and incidental thereto. New. ARTICLE IV. BAIL UPON AN APPEAL. SECTION 583. Who may admit to bail. 584. Notice of the application, when required. - 8583. Who may admit to bail. In the cases in which the defendant may be admitted to bail upon an appeal, as provided in section five hundred and fifty-six, the order admitting him to bail may be made, either by the court from which the appeal is taken, or the presiding judge thereof, or by the appellate court, or a judge thereof, or by a judge of the supreme court. New. $584. Notice of the application, when required. — The court or officer to whom the application for bail is made may require such notice thereof as he deems reasonable, to be given to the district attorney of the county in which the verdict or judgment was originally rendered. New. $585. Qualifications of bail, and how put in. The sureties must possess the qualifications, and the bail must be put in all respects, in the manner prescribed by sections five hundred and sixty-nine to five hundred and seventy-seven, both inclusive; except that the undertaking must be to the effect that the defendant will, in all respects, abide the orders and judgment of the appellate court upon the appeal. New. ARTICLE V. DEPOSIT INSTEAD OF BAIL. SECTION 586. Deposit, when and how made. 587. May be made after bail given, and before forfeiture; and in such case bail discharged. 588. Bail may be given after deposit; and in such case money depos ited to be refunded. 589. Deposit to be applied to payment of judgment of fine, and surplus to be refunded. § 586. Deposit, when and how made. The defendant, at any time after an order admitting him to bail, instead of giving bail, may deposit with the county treasurer of the county in which he is held to answer, the sum mentioned in the order; and upon delivering to the officer, in whose custody he is, a certificate of the deposit, he must be discharged from custody. New. 8587. May be made after bail given, and before forfeiture; and in such case bail discharged. If the defendant have given bail, he may, at any time before the forfeiture of the undertaking, in like manner deposit the sum mentioned in the undertaking; and upon the deposit being made the bail is exonerated. 3 R. S., 773, §§ 38, 40. § 588. Bail may be given after deposit; and in such case money deposited to be refunded. — If money be depos ited, as provided in the last section, bail may be given in the same manner as if it had been originally given upon the order for admission to bail, at any time before the forfeiture of the deposit. The court or magistrate before whom the bail is taken must thereupon direct, in the order of allowance, that the money deposited be refunded by the county treasurer to the defendant; and it must be refunded accordingly. Id. § 589. Deposit to be applied to payment of judgment of fine, and surplus to be refunded. When money has been deposited, if it remain on deposit and unforfeited at the time of a judgment for the payment of a fine, the county treasurer must, under direction of the court, apply the money in satisfaction thereof; and after satisfying the fine, must refund the surplus, if any, to the defendant. New. ARTICLE VI. SURRENDER OF THE DEFENDANT. SECTION 590. Surrender, by whom, when and how made. 591. By whom, when and where defendant may be arrested for the purpose of a surrender. 592. On surrender before forfeiture, money deposited to be refunded; order therefor, how obtained. 590. Surrender, by whom, when and how made.-At any time before the forfeiture of the undertaking, any surety may surrender the defendant in his exoneration, or the defendant may surrender himself, to the officer to whose custody he was committed, at the time of giving bail, in the following manner: 1. A certified copy of the undertaking of the bail must be delivered to the officer, who must detain the defendant in his custody thereon, as upon a commitment, and by a certificate in writing acknowledge the surrender; |