Page images
PDF
EPUB

§ 753. The court may, either of its own motion, or upon the application of the district attorney, and in furtherance of justice, order any action, after indictment, to be dismissed; but in such case, the reasons of the dismissal shall be set forth in the order, which must be entered on the minutes.

$ 754. The entry of a nolle prosequi is abolished; and neither the attorney general, nor the distict attorney, shall hereafter discontinue or abandon a prosecution for a public offence, except as provided in the last section.

$ 755. An order for the dismissal of the action, as provided in this chapter, shall be a bar to another prosecution for the same offence, if it be a misdemeanor; but it shall not be a bar if the offence charged be a felony.

CHAPTER VI.

Remitting punishment, in certain cases.

[ocr errors]

$ 756. When the master of a vessel arriving from a foreign country, is convicted of having, knowingly, brought a person convicted therein of a public offence, which, if committed within this state, would be a felony, to a place within the state, the court before which the convicrion is had, may,if satisfied that the defendant has reconveyed the convict to the place from which he took him, and on payment of the costs of prosecution,

order the punishment upon the conviction to be remitted. .

CHAPTER VII.

Proceedings against corporations.

§ 757. Upon an information or presentment against a corporation, the magistrate shall issue a summons, signed by him, with his name of office, requiring the corporation to appear before him, at a specified time and place, to answer the charge; the time to be not less than ten days after the issuing of the summons.

$ 758. The summons shall be in substantially the following form: “ County of Albany, (or as the case may be.]

In the name of the people of the state of NewYork:

“To the [naming the corporation.] “ You are hereby summoned to appear before me, at (naming the place,) on (specifying the day and hour,] to answer a charge made against you, upon the information of A B., (or “ the presentment of the grand jury of the county of Albany,(or as the case may be,] for [designating the offence, generally.]

“Dated at the city, (or town,) of day of 1849.

G. H., Justice of the Peace,

(or as the case may be.]

, the

$ 759. The summons must be served at least five days before the day of appearance fixed therein, by delivering a copy thereof, and showing the original to the president, or other head of the corporation, or to secretary, cashier, or managing agent thereof.

rm

$ 760. At the time appointed in the summons, the magistrate shall proceed to investigate the charge, in the same manner as in the case of a natural person brought before him, so far as those proceedings are applicable.

$ 761. After hearing the proofs, the magistrate shall certify upon the depositions, either that there is, or is not sufficient cause to believe the corporation guilty of the offence charged, and shall return the depositions and certificate in the manner prescribed in section 213.

$ 762. If the magistrate return a certificate that there is sufficient cause to believe the corporation guilty of the offence charged, the grand jury may proceed thereon, as in the case of a natural person held to answer.

$ 763. If an indictment be found, the corporation may appear by counsel, to answer the same. If they do not thus appear, a plea of not guilty shall be entered, and the same proceedings shall be had thereon, as in other cases.

$764. When a fine is imposed upon a corporation, on conviction, it may be collected by virtue of the order imposing it, by the sheriff of the county, out of their real and personal property, in the same manner as upon an execution in a civil action.

PTER

CHAPTER VIII.

Entitling afidavits. § 765. It shall not be necessary to entitle an affidavit or deposition, in the action, whether taken before or after indictment, or upon an appeal; but if made without a title, or with an erroneous title, it shall be as valid and effectual for every purpose, as if it were duly entitled, if it intelligibly refer to the proceeding, indictment or appeal in which it is made.

CHAPTER IX.

Errors and mistakes in pleadings and other proceedings.

$ 766. Neither a departure from the form or mode prescribed by this code, in respect to any pleadings or proceedings, nor an error or mistake therein, shall render the same invalid, unless it have actually prejudiced the defendant, .or tend to his prejudice, in respect to a substantial right.

CHAPTER X.

Disposal of property stolen or embezzled.

$ 767. When property alleged to have been stolen or embezzled, shall come into the custody of a peace officer, he shall hold the same, subject to the order of the magistrate authorised by the next section to direct the disposal thereof.

$ 768. On satisfactory proof of the title of the owner of the property, the magistrate to whom the information is laid, or who shall examine the charge against the person accused of stealing or embezzling the property, may order it to be delivered to the owner on his paying the reasonable and necessary expenses incurred in its preservation, to be certified by the magistrate. The order shall entitle the owner to demand and receive the property.

$ 769. If property stolen or embezzled come into the custody of a magistrate, it shall be delivered to the owner on satisfactory proof of his title, and on his paying the necessary expenses incurred in its preservation, to be certified by the magistrate.

§ 770. If property stolen or embezzled have not been delivered to the owner, the court before which a conviction is had for stealing or embezzling it, may, on proof of his title, order it to be restored to the owner.

$ 771. If property stolen or embezzled be not claimed by the owner before the expiration of six months from the conviction of a person for stealing or embezzling it the magistrete or other officer having it in his custody, shall, on payment of the necessary expenses incurred

« PreviousContinue »