CHAPTER II. SECURITY TO KEEP THE PEACE. SECTION 84. Information of threatened crime. 85. Examination of complainant and witnesses. 87. Proceedings, on complaint being controverted. 91. Person committed for not giving security, how discharged. 93. Security, when required, for assault, etc., in presence of a court 94. Appearance of party bound, upon his undertaking. 95. Person bound, may be discharged, if complainant does not appear. 96. Proceedings in sessions, on appearance of both parties. 97. Undertaking, when broken. 98. Undertaking, when and how to be prosecuted. 99. Security for the peace not required, except according to this chapter. 884. Information of threatened crime.-An information may be laid before any magistrate that a person has threatened to commit a crime against the person or property of another. See People v. Boyle, 2 N. Y. Cr. Rep. 54; Wright v. Church, 110 N. Y. 463. To justify the issuing of a warrant to require a person to find sureties of the peace there must be a formal complaint in writing upon oath, in addition to the examination required by statute. Bradstreet v. Furguson, 17 Wend. 181; 23 id. 638. § 85. Examination of complainant and witnesses.When the information is laid before a magistate, he must examine on oath the complainant and any witnesses he may produce, and must reduce their examination to writing, and cause them to be subscribed by the parties making them. To justify the issuing of a warrant the examination must declare the necessity of it. Bradstreet v. Furguson, 17 Wend. 181; 23 id. 638. § 86. Warrant of arrest.— If it appear from such examinations that there is just reason to fear the commission of the crime threatened, by the person complained of, the magistrate must issue a warrant, directed generally to the sheriff of the county, or any constable, marshal or policeman of the city or town, reciting the substance of the information, and commanding the officer forthwith to arrest the person complained of, and bring him before the magistrate. When a person uses abusive or reproachful language to the court it is sufficient cause for issuing warrant. Richmond v. Dayton, 10 Johns. 393. So, also, where a prosecutor, in his own testimony, discloses his own infamy. Carpenter's Case, 1 C. H. Rec. 164. Also where a person rents property for the purposes of prostitution. People v. Parkes, 15 How. 551. There must, however, be a formal complaint to justify the issuing of a warrant. Bradstreet v. Furguson, 17 Wend. 181; 23 id. 638. 87. Proceedings, on complaint being controverted, — When the person complained of is brought before the magistrate, if the charge be controverted, the magistrate must take testimony in relation thereto. The evidence must be reduced to writing and subscribed by the witnesses. See People v. Boyle, 2 N. Y. Cr. Rep. 55. In a summary proceeding to require a man to give sureties for his good behavior on the ground that he has abandoned his family, evidence is admissible that the complainant is not in fact his wife. Duffy v. People, 6 Hill, 75. The question to be tried is, has the complainant just cause to entertain the fears expressed in his complaint. 26 Ind. 141; 21 id. 225; 35 id. 379; 48 id. 146. § 88. Person complained of, when to be discharged. If it appear that there is no just reason to fear the commission of the crime alleged to have been threatened, the person complained of must be discharged. See People v. Boyle, 2 N. Y. Cr. Rep. 55. § 89. Security to keep the peace; when required. — If, however, there be just reason to fear the commission of the crime, the person complained of may be required to enter into an undertaking, in such sum, not exceeding one thousand dollars, as the magistrate may direct, with one or more sufficient sureties, to abide the order of the next court of sessions of the county, and in the meantime to keep the peace towards the people of this state, and particularly towards the complainant. The court of general sessions of the city and county of New York has no jurisdiction to discharge a prisoner committed by a police magistrate in default of giving an undertaking required. People v. Boyle, 2 N. Y. Cr. Rep. 54. Where a person uses abusive and reproachful language to a justice relative to his judicial conduct, the latter may issue his warrant and require the offender to find sureties for his good behavior. Richmond v. Dayton, 10 Johns. 393. A prosecutor who, in his own testimony, discloses his own infamy will be recognized for his good behavior. Carpenter's Case, 1 C. H. Rec. 164. A landlord who rents a house for purposes of prostitution may be held to bail under the statute. People v. Parkes, 15 How. 551. A person who neglects to support his wife may be held under the statute. People v. Mitchell, 2 S. C. 172. Though the evidence comes short of making out a clear case of crime, the court may be justified in requiring sureties. 1 Bish. Crim. Law, § 945; Ritchey v. Davis, 11 Iowa, 124; Steele v. State, 4 Ind. 561; Com. v. Ward, 4 Mass. 497; Com. v. Morey, 8 id. 78; Conklin v State, 8 Ind. 458; Long v. State, 10 id. 353; Collins v. State, 11 id. 312. The court may also, on the coming in of a verdict of not guilty, order the prisoner to give sureties. Bamber v. Com., 10 Barr. 339, Respublica v. Donegan, 2 Yeates, 437; People v. Berner, 13 Johns. 383; Doyle's Case, 19 Abb. Pr. 269. Drunkenness with disorderly conduct not necessarily a breach of the peace (Rankin v. Com., 9 Bush, 553); but libel is such a breach. Com. v. Braynard, 6 Pick. 113. $90. Effect of giving or refusing to give security. If the undertaking required by the last section be given, the party complained of must be discharged. If it is not given, the magistrate must commit him to prison, specifying in the warrant the cause of commitment, the amount of security required, and the omission to give the same. See Wright v. Church, 110 N. Y. 463. It is sufficient in the mittimus to state that the party is convicted for refusing to give sureties. Bradstreet v. Ferguson, 17 Wend. 181; 23 id. 638. It is not necessary to state in the mittimus the crime for which prisoner stands committed. Id. A disorderly person may be committed until he find sureties to keep the peace. Doyle's Case, 19 Abb. 269. When a justice of the peace, after an examination, has adjudicated that a person brought before him shall give sureties to keep the peace, and the prisoner has refused to do so, it is his duty to issue his warrant of commitment. Gano v. Hall, 5 Park. 651; 42 N. Y. 67. Form of warrant on a refusal to give sureties. Id. § 91. Person committed for not giving security; how discharged. - If the person complained of be committed for not giving security, he may be discharged by any two justices of the peace of the county, or police or special justices of the city, upon giving the security. § 92. Undertaking, to be transmitted to sessions. — An undertaking given as provided in section eighty-nine, must be transmitted by the magistrate to the next court of sessions of the county. § 93. Security, when required, for assault, etc., in presence of a court or magistrate. - A person who, in the presence of a court or magistrate, assaults or threatens to assault another, or to commit a crime against his person or property, or who contends with another in angry words, may be thereupon ordered by the court or magistrate to give security as provided in section eighty-nine, or if he refuses to do so, may be committed as provided in section ninety. Where a person uses abusive or reproachful language to a justice relative to his judicial conduct, the latter may issue his warrant. Richmond v. Dayton, 10 Johns. 393 § 94. Appearance of party bound, upon his undertaking. A person who has entered into an undertaking to keep the peace, must appear on the first day of the next term of the court of sessions of the county. If he do not, the court may forfeit his undertaking, and order it to be prosecuted, unless his default be excused. § 95. Person bound, may be discharged if complainant does not appear. If the complainant do not appear, the person complained of may be discharged, unless good cause to the contrary be shown. $96. Proceedings in sessions, on appearance of both parties. If both parties appear, the court may hear their proofs and allegations, and may either discharge the undertaking, or require a new one, for a time not exceeding one year. § 97. Undertaking, when broken. An undertaking to keep the peace is broken, on the failure of the person complained of to appear at the court of sessions, as provided in section ninety-four, or upon his being convicted of any crimes involving a breach of the peace. § 98. Undertaking, when and how to be prosecuted. -Upon the district attorney producing evidence of such conviction to the court of sessions to which the undertaking is returned, that court must order the undertaking to be prosecuted; and the district attorney must thereupon commence an action upon it in the name of the people of this state. See People v. Doyle, 2 N. Y. Cr. Rep. 54. § 99. Security for the peace not required except according to this chapter. - Security to keep the peace or be of good behavior, cannot be required, except as prescribed in this chapter. See Matter of McMahon, 64 How. 285; 1 N. Y. Cr. Rep. 58. A justice before whom one has been convicted as a disorderly person has no power, singly, to take a recognizance for good behavior. People v. Brown, 23 Wend. 47. Also, after a summary conviction as a disorderly person, recognizance for good behavior cannot be taken. People v. Duffy, 5 Barb. 205. CHAPTER III. POLICE IN CITIES AND VILLAGES, AND THEIR ATTENDANCE AT EXPOSED PLACES. SECTION 100. Organization and regulation of the police. 101. Force to preserve the peace, at public meetings, when and how ordered. § 100. Organization and regulation of the police. The organization and regulation of the police in the cities and villages of this state are governed by special statutes. § 101. Force to preserve the peace, at public meetings, when and how ordered. The mayor or other officer having the direction of the police in a city or village, must order a force, sufficient to preserve the peace, to attend any public meeting, when he is satisfied that a breach of the peace is to be appre hended. |