Where there are names given by law to offenses, they express in some de gree the nature of the crime, and their recital in the commitment is a sub stantial conformance in terms to the requirements of this section. People v. Johnson, 13 St. Rep., 48; 46 Hun, 667; 7 N. Y. Cr., 492. § 215. Undertaking of witnesses to appear, when and how taken. On holding the defendant to answer, the magistrate may take from each of the material witnesses examined before him on the part of the people, a written undertaking, to the effect that he will appear and testify at the court to which the deposi tions and statement are to be sent, or that he will forfeit the sum of one hundred dollars. § 216. Magistrate may order witness to enter into undertaking for appearance.-When the magistrate is satisfied, by proof on oath, that there is reason to believe that any such witness is an accomplice in the commission of the crime charged, he may order the witness to enter into a written undertaking, with such sureties, and in such sum as he may deem proper, for his appearance as specified in the last section. Amended by chap. 416 of 1883. This amendment dropped from the original section the words "will not appear and testify, unless security is required," and substituted the words "is an accomplice in the commission of the crime charged. § 217. Commitment of witnesses under sixteen.-Children under the age of sixteen years, when witnesses, may be com mitted as provided by section two hundred and ninety-one of the Penal Code, subject to the order of the trial court. Original section repealed by chap. 416 of 1883. New section added by chap. 220 of 1888. Amended by chap. 279 of 1892. This amendment omitted the word "such" before the word "witnesses," from the new section, and added the words "subject to the order of the trial court." § 218. Witness to be committed on refusal to give security for appearance. If a witness, required to enter into an undertaking to appear and testify, either with or without sureties, refuse compliance with the order for that purpose, the magistrate must commit him to prison until he comply or be legally discharged. § 219. Witnesses for people, conditional examination of.— A witness may be conditionally examined on behalf of the people in the manner and with the effect provided by title twelve, chapter three of this Code, for taking examination of witnesses conditionally on behalf of the defendant. A copy of the order and affidavit upon which the application is made, together with notice of the time and place where the examination is to be taken, shall be served on the defendant, and his counsel, if he have any, at least two days before the time fixed for such examination, and the defendant may be present per sonally upon such examination to confront the witness pro duced against him; if the defendant have no counsel the order shall contain a provision assigning counsel to him for the pur § 220. Justices' criminal docket. Every justice of the peace and every police or other special justice appointed or elected in a city, village or town other than in the city and county of New York, shall forthwith enter correctly at the time thereof, full minutes of all business done before him as such justice and as a court of special sessions in criminal actions and in criminal proceedings and including cases of felony, in a book to be furnished to him by the clerk of the city, village or town where he shall reside, and which shall be designated "justices' criminal docket," and shall be at all times open for inspection to the public. Such docket shall be and remain the property of the city, village or town of the residence of such justice, and at the expiration of the term of office of such justice, if in a city shall remain on file in the police office of such justice, or in the office of the police clerk, and if in a village or town shall be forthwith filed by him in the office of the clerk of such village or town. The minutes in every such docket shall state the names of the witnesses sworn and their places of residence, and if in a city, the street and house number; and every proceeding had before him. It shall be the duty of every justice of the peace and every police or other special justice in villages and towns, at least once a year and upon the last audit day of such village or town, to present his docket to the auditing board of said village or town, which board shall examine the said docket, and enter in the minutes of its proceedings the fact that such docket book has been duly examined, and that the fines therein collected have been turned over to the proper officials of the village or town as required by law. Any justice of the peace or police or other special justice who shall willfully fail to make and enter in such docket forthwith, the entries by this section required to be made or to exhibit such docket when reasonably required, or present his docket to the auditing board as herein required, shall be guilty of a misdemeanor and shall, upon conviction, in addition to the punishment provided by law for a misdemeanor, forfeit his office. Amended by L. 1910, ch. 268. In effect September 1, 1910. of Ne meant count Amet in magistrate, within five days after so discharging or holding a defendant, must also return to the district attorney of the county a statement of the name and address of the defendant, the crime charged, the name and address of the informant, and the names and addresses of all of the witnesses subpoenaed or sworn upon the examination, or who have made depositions in support of the information. Amended by L. 1905, chap. 267. In effect September 1, 1905. be prosecuted by indictment. Am'd by chap. 880 of 1895. In effect January 1, 1896. See section 6, art. 1 of State Constitution; art. 5 of Federal Constitution. Neither inquiry, nor prosecution, relates to or includes, within its com mon meaning, the evidence which may be given, or the degree of proof CHAPTER II. FORMATION OF THE GRAND JURY, ITS POWERS AND DUTIES. SECTION 223, 224. Grand jury defined. 225, 226, 227. For what courts to be drawn, etc. 228. Misdescription in order. 229. Mode of selecting grand jurors. 230. If sixteen grand jurors do not appear, etc. 231, 232. Manner of designating the additional grand jurors. 233. In counties named. 234. Summoning the additional grand jurors, and compelling their 235. When new grand jury may be summoned for the same court. 237. Individual grand jurors, who may challenge. 238. Causes of discharge of the panel. 239. Causes of challenge. 240. Manner of taking and trying the challenges. 241. Decisions upon the challenge. 242. Effect of allowing same. 243. Violation of last section. 244. Appointment of foreman. 245, 246, 247. Oath of the foreman and the other grand jurors. 249. Retirement of the grand jury. 250. Appointment of a clerk, and his duties. 251. Discharge of the grand jury. 252. Power of grand jury to inquire into crimes, etc. 253. Foreman may administer oaths. 254. Definition of an indictment. 255. Evidence receivable before a grand jury. 256. Same. 257. Grand jury not bound to hear evidence for the defendant, but 258. Degree of evidence, to warrant an indictment. 259. Grand jurors must declare their knowledge as to commission of 260. Grand jury must inquire as to person imprisoned on criminal 261. Grand jury entitled to access to public prisons, and to examine 262, 263, 264. When and from whom they may ask advice, and who 265. Secrets of the grand jury to be kept. 266. Grand jury, when bound to disclose the testimony of a witness. § 223. Grand jury defined.-A grand jury is a body of men, Grand jury.-—A grand jury is defined in this section. People v. Petrea, The grand jury, all through this chapter, is recognized as a body separate The grand jury is merely an appendage or adjunct of the court. Matter of Choate, 8 N. Y. Cr., 7; 24 Abb. N. C., 430; 18 Civ. Pro, 180; People v. Naughton, 7 Abb. N. S., 421; People v. Kelley, 24 N. Y., 74; People v. Fancher, 4 T. & C., 476; People ex rel. Hackley v. Kelly, 21 How., 54. The grand jury is the grand inquest between the government and the citizen. People v. Briggs, 60 How., 42. § 224. Grand jury defined.-The grand jury must consist of not less than sixteen and not more than twenty-three persons, and the presence of at least sixteen is necessary for the transaction of any business. Where more than twenty-three persons are sworn and sit upon a grand jury, and an indictment is found by them, to which the defendant pleads, and is tried and found guilty, the court will not, upon motion, quash the indictment. Conkey v. People, 5 Park., 38; 1 Abb. App. Dec., 418. But the defendant, in an indictment found by them, may, if that fact appears upon the caption of the indictment, bring error in law. Id. People . King, 2 Caines, 98. If it does not so appear, then he may bring error in fact. Id. $ 225. For what courts to be drawn, etc.- A grand jury must be drawn for every terin of the following courts: 1. The supreme court, except in the city and county of New York, and the county of Kings, and except for extraordinary or adjourned terms. But whenever in any other county than New York and Kings, more than four terms of the supreme court shall be appointed to be held in any year, the justices of the supreme court, or a majority of them, of the district in which said county is situated may designate four terms of the supreme court in said county for which a grand jury shall be drawn, and a grand jury shall attend at such terms only; and 2. The court of general sessions of the city and county of New York and the court of sessions of the county of Kings. Am'd by chap. 880 of 1895. In effect January 1, 1896. Amended by chap. 360 of 1882. This amendment added to the first subdivision the words " and the county of Kings, and except for extraordinary or adjourned terms:" and to the second 26. Grand jury; for what courts to be drawn. grand jury may also be drawn: For every other county court, when specially ordered by ourt, or by the board of supervisors. For the supreme court in the city and county of New York, the order of a justice of the supreme court, clected in the judicial district. For the supreme court, of the county of Kings, upon the of a justice of the supreme court elected in the second ial district. For an extraordinary term of the supreme court upon the ended by L. 1907, ch. 615. In effect September 1, 1907. es for le v. y the ork, the the judi the of su pervisors is not essential to legalize the summoning and drawing of a grand jury at a term of the court, designated by the county judge under section 45 of the Criminal Code. People v. Rugg, 98 N. Y., 537, 3 N. Y. Cr., 176; aff'g 21 W. Dig., 84. This section was intended to provide for the drawing of a grand jury wher no designation had been made by the courty judge in pursuance of the provisions of section 45, or when special circumstances existed which required that a grand jury be drawn and summoned independent of those which were provided for in the above section. Id. § 227. For what courts to be drawn; the order.-If made by the court or a judge thereof, the order for a grand jury must be entered upon its minutes, and a copy thereof filed with the county clerk, at least twenty days before the term for which the jury is ordered. If made by the board of supervisors a copy thereof, certified by the clerk of the board, must be filed with the county clerk, at least twenty days before the term; and when so filed, is conclusive evidence of the authority for drawing the jury. § 228. Misdescription in order.-A misdescription of the title of the court in an order for a grand jury does not affect the validity of the order, if it can be plainly understood there from what court is intended. § 229. Mode of selecting grand jurors.-The mode of selecting grand jurors is prescribed by special statutes. See sections 1041, 2293-2301, 3314, 3351 of Code of Civil Procedure; 3 R. S., 1015-1019. See notes under section 223, ante. The cases of People v. Duff and People v. Fitzgerald, 1 N. Y. Cr., 307, were reversed or overruled by 1 N. Y. Cr., 425. § 230. If sixteen jurors do not appear, etc.-If at any term of the supreme court or county court, except in the counties of Genesee, Orleans and St. Lawrence, there shall not appear at least sixteen persons, duly qualified to serve as grand jurors, who have been summoned, or if the number of grand jurors attending shall be reduced below sixteen, such court must, by order to be entered in its minutes, require the clerk of the county to draw, and the sheriff to summon, such additional number of grand jurors as shall be necessary, and must specify the number required in the order. Am'd by chap. 880 of 1895. In effect January 1, 1896. § 231. Manner of designating the additional grand jurors.-The clerk of the county must forthwith bring into court the box containing the names of the grand jurors, from which grand jurors in the county are required to be drawn; and he must, in the presence of the court, proceed publicly to draw the number of grand jurors specified in the order; and when such drawing is completed, he must make two lists of the persons so drawn, each of which must be certified by him to be a correct list of the names of the persons so drawn by him, one of which he must file in his office, and the other he must deliver to the sheriff. § 232. Manner of designating the additional grand jurors.The sheriff must accordingly, in the manner required in respect to the grand jurors originally drawn, forthwith summon the persons whose names are drawn or designated in the list, provided |