The Revised Statutes, Codes and General Laws of the State of New York

47 Transfer or concealment of prisoner to elude writ. Any one, having in his custody, or under his power, a person entitled to a writ of habeas corpus or a writ of certiorari, as prescribed in this article,* or a person for whose relief a writ of habeas corpus or a writ of certiorari has been duly issued, as prescribed in this article, who, with intent to elude the service of the writ, or to avoid the effect thereof, transfers the prisoner to the custody, or places him under the power or control, of another, or conceals him, or changes the place of his confinement, is guilty of a misdemeanor; and, upon conviction thereof, shall be punished as specified in the last section. Code Civ. Pro., § 2052.

See § 63, post.

48 Assisting in same. A person who knowingly assists in the violation of the last section, is guilty of a misdemeanor; and, upon conviction thereof, shall be punished as specified in the last section but one. Code Civ. Pro., § 2053. 49 Warrant when prisoner about to be carried out of state, etc. Where it appears, by proof satisfactory to a court or judge, authorized to grant either writ, that a person is held in unlawful confinement or custody, and that there is good reason to believe, that he will be carried out of the state, or suffer irreparable injury, before he can be relieved by a writ of habeas corpus or a writ of certiorari; the court or judge must issue a warrant, reciting the facts, directed to a particular sheriff, or generally to any sheriff or constable, or to a person specially designated therein; and commanding him to take, and forthwith to bring before the court or judge, the prisoner, to be dealt with according to law. If the warrant is issued by a court, it must be under the seal thereof; if by a judge, it must be under his hand. Code Civ. Pro., § 2054.

41 Hun, 188; s. c. 4 N. Y. Cr. R. 289; 4 N. Y. St. R. 162.

See Fugitives from Justice.

50 Same: arrest of person detaining prisoner. Where the proof, specified in the last section, is also sufficient to justify an arrest of the person having the prisoner in his custody, as for a criminal offence, committed in taking or detaining him, the warrant must also contain a direction to arrest that person, for the offence. Code Civ. Pro., § 2055.

41 Iun, 193; s. c. 4 N. Y. Cr. R. 297.

51 Execution of warrant; proceedings thereupon. The officer or other person, to whom the warrant is directed and delivered, must execute it by bringing the prisoner therein named, and also, if so commanded in the warrant, the person who detains him, before the court or judge issuing it; and thereupon the person detaining the prisoner must make a return, in like manner, and the like proceedings must be taken, as if a writ of habeas corpus had been issued in the first instance. Code Civ. Pro., § 2056.

41 Hun, 192; s. c. 4 N. Y. Cr. R. 296.

52 Same: commitment, etc., of offender. If the person, having the prisoner in his custody, is brought before the court or judge, as for a criminal offence, he is entitled to be examined, and must be committed, bailed, or discharged, by the court or judge, as in any other criminal case of the same nature. Code Civ. Pro., § 2057.

41 Hun, 188; s. c. 4 N. Y. Cr. R. 289.

53 Appeals. An appeal may be taken from an order refusing to grant a writ of habeas corpus, or a writ of certiorari, as prescribed in this article,* or from a final order, made upon the return of such a writ, to discharge or remand a prisoner, or to dismiss the proceedings. Where a final order is made, to discharge a prisoner, upon his giving bail, an appeal therefrom may be taken, before bail is given; but where the appeal is taken by the people, the discharge of the prisoner upon bail shall not be stayed thereby. An appeal does not lie, from an order of the court or judge, before which or whom the writ is made returnable, except as prescribed in this section. Code Civ. Pro., § 2058.

*This subject, §§ 10-61.

17 Abb. Pr. 326, n.; 16 Barb. 362; 6 id. 366; 24 id. 521; 15 id. 153; 35 id. 444; s. c. 13 Abb. Pr. 405; 6 Abb. N. C. 43; 5 Hill, 16; 96 N. Y. 381; 5 N. Y. Cr. R. 132; 16 Civ. Pro. 126, 128; 59 Hun, 320; 36 N. Y. St. R. 750; 3 N. Y. Supp. 143, 752; 12 id. 943; 19 N. Y. St. R. 903; 64 How. Pr. 252.

54 Same, by people. An appeal from a final order, discharging a prisoner committed upon a criminal accusation, or from the affirmance of such an order, may be taken, in the name of the people, by the attorney-general or the districtattorney. Code Civ. Pro., § 2059.

107 N. Y. 607; 41 Hun, 58; 42 id. 277; 5 N. Y. Cr. R. 129; 14 Civ. Pro. 244; s. c. 48 Hun, 166; 59 id. 320; 36 N. Y. St. R. 750; 12 N. Y. Supp. 945; 2 App. Div. 113; 15 N. Y. St. R. 640; 13 id. 108. 55 Bail pending appeal. Where a prisoner, who stands charged, upon a criminal accusation, with a bailable offence, has perfected, or intends to take, an appeal from a final order dismissing the proceedings, remanding him, or otherwise refusing to discharge him, made as prescribed in this article, the court or judge, upon his application, either before or after the final order, must, upon such notice to the district-attorney as the court or judge thinks proper, make an order, fixing the sum in which the applicant shall be admitted to bail, pending the appeal; and thereupon, when his appeal is perfected, he must be admitted to bail accordingly. Code Civ. Pro., § 2060.

3 N. Y. Cr. R. 457.

56 Same; recognizance, etc. The recognizance for that purpose must be conditioned, that the prisoner will appear at a term of the appellate division of the supreme court to be held at a time and place designated in the order, and abide by and perform the judgment of order of the appellate court. It must be taken and approved by a justice of the supreme court, or by the court or judge from whose order the appeal is taken, or by the county judge of the county in which the order was made. In all other respects, the proceedings are the same as prescribed in this article, where it appears, upon the return of a writ of certiorari, that the prisoner is entitled to be admitted to bail. Code Civ. Pro., § 2061, as am'd L. 1895,

c. 946.

57 Same; on appeal to court of appeals. Where a prisoner, who stands charged with an offense, specified in the last section, has perfected an appeal, to the court of appeals, from a final order of the supreme court, affirming an order refusing his discharge, or reversing an order granting his discharge; the court, from whose order the appeal is taken, or a judge thereof, must, upon his application, admit him to bail, as prescribed in the last section; except that the recognizance must be conditioned to appear, at a term of the appellate division of the supreme court from which the appeal is taken, to abide by and perform its judgment or order, made after the determination of the appeal. Code Civ. Pro., § 2062, as am'd L. 1895, c. 946.

58 Custody of prisoner until he gives bail. Where the sum, in which a prisoner shall be admitted to bail, has been fixed, as prescribed in either of the last two sections, he must remain in the custody of the sheriff of the county in which he then is, until he is admitted to bail, as therein prescribed; or, if he does not give the requisite bail, until the time to appeal has expired, or the appeal is disposed of, and the further direction of the court, made thereupon. Code Civ. Pro., § 2063.

59 Recognizance valid for adjourned terms. Where no order or other direction of the court, relating to the disposition of the prisoner, is made at the term specified in a recognizance, given as prescribed in section two thousand and sixtyone or section two thousand and sixty-two of this act, the matter is deemed adjourned without an order to that effect, to the next term of the appellate division of the supreme court, to be held in the same department; and thereafter to each successive term, until such an order or direction is made. The prisoner is bound to attend at each successive term of the appellate division; and the recognizance

*This subject. SS 10-61.

is valid for his attendance accordingly, without any notice or other formal proceedings. Code Civ. Pro., § 2064, as am'd L. 1895, c. 946.

60 Officer to deliver copy of authority for detention. An officer or other person, who detains any one by virtue of a mandate, or other written authority, must, upon reasonable demand, and tender of his fees, deliver a copy thereof to any person who applies therefor, for the purpose of procuring a writ of habeas corpus or a writ of certiorari, in behalf of the prisoner. If he knowingly refuses so to do, he forfeits two hundred dollars to the prisoner. Code Civ. Pro., § 2065. 9 Johns. 395; 8 Cow. 249.

61 Application of foregoing provisions. Except as otherwise expressly prescribed by statute, the provisions of this article* apply to and regulate the proceedings upon every common law or statutory writ of habeas corpus, as far as they are applicable; and the authority of a court or a judge, to grant such a writ, or to proceed thereupon, by statute or the common law, must be exercised in conformity to this article,* in any case therein provided for. Code Civ. Pro., § 2066.

24 Barb. 521; 60 N. Y. 559; 6 T. & C. 258; 1 Duer, 709. See Constitution, § 4.

Penal Provisions.

62 Reconfining persons discharged upon writ. A person who either solely, or as a member of a court, or in the execution of a judgment, order or process, knowingly recommits, imprisons or restrains of his liberty, for the same cause, any person who has been discharged from imprisonment upon a writ of habeas corpus, or certiorari, is guilty of a misdemeanor, punishable by a fine not exceeding one thousand dollars, or by imprisonment not exceeding six months, or both; and in addition to the punishment prescribed therefor, he forfeits to the party aggrieved, one thousand two hundred and fifty dollars to be recovered in a civil action. Pen. Code, § 379.

16 How. Pr. 303.

See $ 45, 46, ante.

63 Concealment, etc., of prisoner to elude writ. A person having in his custody or power, or under his restraint, one who would be entitled to a writ of habeas corpus or certiorari, or for whose relief a writ of habeas corpus or certiorari has been issued, who, with intent to elude the service of such writ, or to avoid the effect thereof, transfers the party to the custody, or places him under the power or control of another, or conceals or changes the place of his confinement, or who without lawful excuse refuses to produce him, is guilty of a misdemeanor, punishable as prescribed in the last section. Pen. Code, § 380. 2 Duer, 42.

See § 47, ante.

APPEALS IN PROCEEDINGS BY; see Military Code, § 124. ·

APPLICATIONS FOR:

BY PERSON ARRESTED FOR BEING ABOUT TO ENGAGE IN PRIZE FIGHT; see Prize Fighting, § 7.

BY PRISONER COMMITTED AS DISORDERLY PERSON; see Disorderly Persons, § 2.

BY PRISONER IN COMMON JAIL DURING SITTINGS OF OYER AND TERMINER; see County Law, § 99.

TO BRING PRISONER BEFORE COURT ON CHARGE OF CONTEMPT; see Contempt, §§ 14-18. FOR CONVICT, FOR ARRAIGNMENT AND TRIAL; see Prisons, § 140, 141.

FOR CONVICT AS WITNESS; see Prisons, §§ 133, 138.

COURTS OF OYER AND TERMINER AND SESSIONS MAY BRING UP PRISONER WITHOUT WRIT
OF; see Trials, § 225.

FEES OF SHERIFF FOR BRINGING UP PRISONER UPON; see Sheriff, § 28, subd. 16.
FOR MINOR BY PARENT; see Domestic Relations Law, SS 40, 41.
BY PERSON CONFINED IN LUNATIC ASYLUM; see Insanity Law,

73.

FOR PRISONER COMMITTED FOR CONTEMPT; see Contempt, § 1; Trusts, etc., § 56. PRIVILEGE OF, WHEN NOT TO BE SUSPENDED; see Constitution, 4; Rights, Bill of, § 10.

*This subject, § 10-61.

RIGHT OF PERSONS ARRESTED AS CRIMINALS FROM ANOTHER STATE TO TAKE OUT; see Fugitives from Justice, § 1.

FOR TENANT FOR LIFE; see Tenants for Life, § 6.

See also Certiorari; State Writs.

For earlier laws on this subject see Birdseye's Chronological Table of Statutes, under L. 1787, c. 39; L. 1801, Revised Acts. c. 49 (1 K. & R. 239, § 12; id., c. 65, pp. 286–290); 1 R. L. 1813, p. 160, § 12; id., c. 57, pp. 354-358; 2 R. B., pp. 559-575, 148, 149, and 44, § 15.

HABITUAL CRIMINALS.

1 When convicts adjudged to be. Where a person is hereafter convicted of a felony, who has been, before that conviction, convicted in this state, of any other crime, or where a person is hereafter convicted of a misdemeanor who has been already five times convicted in this state of a misdemeanor, he may be adjudged by the court, in addition to any other punishment inflicted upon him, to be an habitual criminal. Pen. Code, § 690.

Supervision of. The person of an habitual criminal shall be at all times subject to the supervision of every judicial magistrate of the county, and of the supervisors and overseers of the poor of the town where the criminal may be found, to the same extent that a minor is subject to the control of his parent or guardian. Pen. Code, $ 691.

3 Effect of pardon. The governor may grant a pardon which shall relieve from judgment of habitual criminality as from any other sentence; but upon a subsequent conviction for felony of a person so pardoned, a judgment of habitual criminality may be again pronounced on account of the first conviction, notwithstanding such pardon. Pen. Code, § 692.

4 When convict adjudged an habitual criminal. When a person is hereafter convicted of a felony, who has been, before that conviction, convicted in this state of any other crime, he may be adjudged by the court, in addition to other punishment inflicted upon him, to be an habitual criminal. A person convicted of a misdemeanor, who has been already five times convicted in this state of a misdemeanor may be adjudged by the court in addition to, or instead of, other punishment, to be an habitual criminal. Code Crim. Pro., § 510.

3 Cow. 347; 45 How. Pr. 97; 54 N. Y. St. R. 190; 24 N. Y. Supp. 201.

Judgment accordingly, how entered, etc. The judgment specified in the last section must be entered in a separate book, kept for that purpose. A copy of the entry, duly certified by the clerk of the court, is proof of the judgment, and a copy, so certified, must be forthwith transmitted to the police department of each city, and to the district attorney of each county in the state. Code Crim. Pro., § 511.

12 N. Y. Cr. R. 277; 32 Hun, 179-181; 43 id. 40; 75 id. 333; 85 id. 334; 95 N. Y. 624; 140 id. 313; 42 N. Y. St. R. 165; 48 id. 438; 55 id. 669; 58 id. 222; 66 id. 451, 453; 17 N. Y. Supp. 396.

6 Persons so adjudged when liable to arrest and punishment. A person who has been adjudged an habitual criminal is liable to arrest summarily with or without warrant, and to punishment as a disorderly person, when he is found without being able to account therefor, to the satisfaction of the court or magistrate, either,

1. In possession of any deadly or dangerous weapon, or of any tool, instrument, or material, adapted to, or used by criminals for, the commission of crime, or

2. In any place or situation, under circumstances giving reasonable ground to believe that he is intending or waiting the opportunity to commit some crime. Code Crim. Pro., § 512.

45 How. Pr. 97; 96 N. Y. 624.

7 Evidence of character on subsequent trial. A person who, having been adjudged an habitual criminal, is charged with a crime committed thereafter, may be described in the complaint, warrant or indictment therefor, as an habitual criminal; and, upon proof that he has been adjudged to be such, the prosecution may introduce, upon the trial or examination, evidence as to his previous character.

in the same manner and to the same extent as if he himself had first given evidence of his character and put the same in issue. Code Crim. Pro., § 513.

58 N. Y. St. R. 443.

8 Liability to search, etc. The person and the prentises of every one who has been convicted and adjudged an habitual criminal, shall be liable at all times to search and examination by any magistrate, sheriff, constable, or other officer, with or without warrant. Code Crim. Pro., § 514.

45 How. Pr. 216; 58 N. Y. St. R. 222, 443; 75 Hun, 333; 142 N. Y. 38.

EXCLUSION OF FOREIGN; see Emigrants, §§ 46-48; Foreign Convicts.
PARENTS OR GUARDIANS WHO ARE; see Children, § 41.

POSSESSION OF BURGLARS' IMPLEMENTS BY; see Burglary, § 13.

See also Betting and Gaming, § 21; Concealing Birth or Death, 2; Crimes, $$ 38, 39; Criminal Statistics; Disorderly Persons; Sentence, § 2; Vagrants.

HABITUAL DRUNKARDS.

ABANDONING FAMILIES, DEEMED VAGRANTS; see Vagrants, § 1, subd. 2.
ARBITRATION OF ACTIONS BY OR AGAINST; see Arbitrations, §§ 1, 18.

COMMITTEE OF:

CONSENT BY, TO PARTITION; see Partition, §§ 59-62.

GUARDIAN AD LITEM OR SPECIAL GUARDIAN, WHEN APPOINTED IN ACTION OR PROCEEDING IN PLACE OF; see Actions, § 16; Surrogates' Courts, 54, 57, 58.

PROCEEDINGS TO APPOINT; see County Courts, § 1, subd. 4; Insanity Law, §§ 121-127; Sheriff, § 28, subd. 5.

SERVICE OF SUMMONS UPON; see Actions, § 14.

STIPULATION BY, FOR OPEN COMMISSION, FORBIDDEN; see Depositions, §§ 23-25.
TRUST COMPANIES APPOINTED AS; see Banking Law, §§ 156, 157.

CONSENT OF, TO ADOPTION OF CHILD NOT NECESSARY; see Domestic Relations Law, § 61. DESIGNATION OF PERSON TO RECEIVE SERVICE OF SUMMONS IN BEHALF OF; see Actions, §§ 15, 16.

EMPLOYMENT OF; see Highway Law, §§ 158, 159; Liquor Tax Law, SS 41, 42.

EXEMPTED FROM MILITARY DUTY; see Military Code, § 2.

FEMALES, CONVICTED OF BEING, IN KINGS COUNTY; see L. 1872, c. 845.

LETTERS TESTAMENTARY OR OF ADMINISTRATION NOT TO BE GRANTED TO; see Executors, $25; Wills, § 35.

PROCEEDINGS FOR DISPOSITION OF REAL PROPERTY OF; see Insanity Law, §§ 153-172. PROCEEDINGS TO CONDEMN PROPERTY OF; see Condemnation Law, §§ 5, 8, 17; Drainage, $ 47.

SALE OF LIQUOR TO; see Liquor Tax Law, § 30.

SERVICE OF CITATION UPON; see Surrogates' Courts, §§ 53, 54.

ASYLUM FOR INEBRIATES IN THE CITY OF NEW YORK; see L. 1864, c. 141.

INEBRIATES, HOME FOR, KINGS COUNTY; see L. 1867, c. 843; L. 1868, c. 483; L. 1873, c. 797; L. 1896, c. 822.

圖書

The Revised Statutes, Codes and General Laws of the State of New York ...