demurrer or written plea to be verified in like manner as a pleading in a civil action, at a time and place to be specified in such summons, such time to be not less than five days after the issue thereof. The summons may be substantially in the following form:

Court of oyer and terminer of the county of

proper county or court as the case may be) The People of the State of New York

VS.

The A. B. Company.

(state the

You are hereby summoned to appear in this court and, by demurrer or plea in writing duly verified, answer an indictment filed against you by the grand jury of this county, on the day of charging you with the crime of (designating the offense generally), at a term of the court of oyer and terminer (or as the cause may be) of this county, at (naming the place) on (stating the day and hour), and in case of your failure to so appear and answer, judgment will be pronounced against you.

day of District Attorney.

(or by order of the court, E. F. Clerk, as the case may be). 2. The summons must be served at least four days before the appearance fixed therein, in the same manner as is provided for the service of a summons upon a corporation in a civil action; and if the corporation does not appear in the manner and at the time and place specified in the summons, judgment must be pronounced against it.

3. Nothing contained in this section shall be construed as preventing the appearance of a corporation by counsel to answer an indictment, without the issuance or service of the summons as above provided. And when an indictment shall have been filed against a corporation it may voluntarily appear and answer the same by counsel duly authorized to so appear for it; in which case the court acquires full jurisdiction over the corporation in the same manner as if the summons had been issued and served. [AM'D, CH. 219 OF 1892. IN EFFECT SEPT. 1, 1892.]

People v. Gas-light Co. 6 N. Y. Cr. 193.

§ 682. Fine, on conviction, how collected. 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.

CHAPTER X.

ENTITLING AFFIDAVITS.

SEC. 683. Affidavits defectively entitled, valid.

§ 683. Affidavits defectively entitled, valid.-It is not 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 is 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 XI.

ERRORS AND MISTAKES, IN PLEADINGS AND OTHER PROCEEDINGS. SEC. 684. Errors, etc., when not material.

§ 684. Errors, etc., when not material. 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, renders it invalid, unless it have actually prejudiced the defendant, or tend to his prejudice, in respect to a substantial right.

See §§ 285, 542, ante. People v. Holmes, 41 Hun, 55; 5 N. Y. Cr. 131; People . Courtney, 1 id. 557; Tillotson v. Marshall, 40 Hun, 322; People v. Williams, 18 N. Y. St. Rep. 405; People v. Dimick, 107 N. Y. 13, 34; People ex rel. Pickard v. Sheriff, etc., 11 Civ. Pro. 186; People v. Willett, 27 Hun, 469; People v. Otto, 4 N. Y. Cr. 149; People v Menken, 3 id. 238; 36 Hun, 95; Schrumpfe. People, 14 id. 13; People v. Chacon, 4 N. Y. Cr. 173; 1 Sil. (Ct. App.), 38; People v. Hagan, 37 N. Y. St. Rep. 661; People v. Gillman, 125 N. Y. 372; People v. Tower, 42 N. Y. St. Rep. 164, 166.

CHAPTER XII.

DISPOSAL OF PROPERTY, STOLEN OR EMBEZZled.

SEC. 685. When property, alleged to be stolen or embezzled, comes into custody of peace officer.

686. Order for its delivery to owner.

687. When it comes into custody of magistrate, he must deliver it to owner, on proof of title and payment of expenses.

688. Court in which trial is had for stealing or embezzling it, may order it to be delivered to owner.

689. If not claimed in six months, to be delivered to county superintend ent of the poor, or in New York, to commissioners of charities and corrections.

690. Receipt for money or property taken from a person arrested for a public offense.

691. Duties of police clerks in the city of New York, etc.

§685. When property, etc., stolen or embezzled comes into custody of peace officer. When property, alleged to have been stolen or embezzled, comes into the custody of a peace officer, he must hold it, subject to the order of the magistrate authorized by the next section to direct the disposal thereof.

Simpson v. St. John, 93 N. Y. 365.

§ 686. Order for its delivery to owner. On satisfactory proof of the title of the owner of the property, the magistrate before whom the information is laid, or who examines the charge against the person accused of stealing or embezzling the property, may order it to be delivered to the owner, unless its temporary retention be deemed necessary in furtherance of justice, on his paying the reasonable and necessary expenses incurred in its preservation, to be certified by the magistrate. The order entitles the owner to demand and receive the property.

Simpson v. St. John, 93 N. Y. 365; Houghton v. Backman, 47 Barb. 388.

§ 687. When it comes into custody of magistrate he must deliver property to owner, on proof of title and payment of expenses.— If property stolen or embezzled come into the custody of a magistrate, it must, unless its temporary retention be deemed necessary in furtherance of justice, 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.

Simpson v. St. John, 93 N. Y. 365; Houghton v. Bachman, 47 Barb. 393.

§ 688. Court in which trial is had, etc., may order such delivery to owner. If property stolen or embezzled have not been delivered to the owner, the court before which a trial is had for stealing or embezzling it, may, on proof of his title, order it to be restored to the

owner.

§ 689. If not claimed in six months, to be delivered, etc.—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 magistrate or other officer having it in his custody must, on payment of the necessary expenses incurred in its preservation, deliver it to the county superintendents of the poor, or in the city of New York, to the commissioners of charities and corrections, to be applied for the benefit of the poor of the county or city, as the case may be.

§ 690. Receipt for money or property, taken from a person arrested, etc.- Except in the city of New York, when money or other property is taken from a defendant, arrested upon a charge of a crime, the officer taking it must, at the time, give duplicate receipts therefor, specifying particularly the amount of money or the kind of property taken; one of which receipts he must deliver to the defendent, and the other of which he must forthwith file with the clerk of the court to which the depositions and statement must be sent, as provided in section 221.

(691. Duties of police clerks in the city of New York, etc.The commissioners of police of the city of New York may designate some person to take charge of all property alleged to be stolen or embezzled, and which may be brought into the police office, and all property taken from the person of a prisoner, and may prescribe regulations in regard to the duties of the clerk or clerks so designated, and to require and take security for the faithful performance of the duties imposed by this section, and it shall be the duty of every officer into whose possession such property may come, to deliver the same forthwith to the person so designated.

CHAPTER XIII.

REPRIEVES, COMMUTATIONS AND PARDONS.

SEC. 692. Power of governor to grant reprieves, commutations and pardons. 693. His power in respect to convictions for treason. Duty of the legislature, in such cases.

694. Governor to communicate annually to legislature, reprieves, commutations and pardons.

695. Report of case, how, and from whom required.

696.

§ 692. Power of governor to grant reprives, commutations and pardons.-The governor has power to grant reprives, commutations and pardons, after conviction, for all offenses, except treason and cases of impeachment, upon such conditions, and with such restrictions and limitations, as he may think proper, subject to the regulations provided in this chapter.

Pardon does not bar other proceedings. Anon, 86 N. Y. 563; People v. Potter, 1 Park. 47; People v. Pease, 3 John. Cas. 333; In re Edymion, 8 How. 478; Arthur e. Craig, 48 Iowa, 264; 30 Am. Rep. 395; State v. Foley, 15 Nev. 64; 37 Ám. Rep. 458; State v. Alexander, 76 N. C. 231; 22 Am. Rep. 675.

§ 693. His power in respect to convictions for treason; duty of the legislature, in such cases.-- He may also suspend the execution of the sentence, upon a conviction for treason, until the case can be reported to the legislature, at its next meeting, when the legislature must either pardon or commute the sentence, direct the execution thereof, or grant a further reprieve.

§ 694. Governor to communicate annually to legislature, etc.— He must annually communicate to the legislature, each case of reprieve, commutation or pardon; stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the commutation, pardon or reprieve.

§ 695. Report of case, how and from whom required.— When application is made to the governor for a pardon, commutation or reprieve, it shall be the duty of the presiding judge of the court before which the conviction was had, and the district attorney by whom the criminal action was prosecuted, or the district attorney of the county where the conviction was had, holding office at the time of such application, to supply the governor, upon his request therefor, and without delay, with a statement of the facts proved on the trial or, if a trial was not had, the facts appearing before the grand jury which found the indictment, and of any other facts having reference to the propriety of granting or refusing such pardon, commutation or reprieve. [AM'D CH. 356 OF 1884.]

§ 696. Repealed.

;

§ 697. Repealed.

§ 698. Repealed.

PART V.

OF PROCEEDINGS IN COURTS OF SPECIAL SESSIONS AND POLICE COURTS. TITLE I. OF THE PROCEEDINGS IN COURTS OF SPECIAL SESSIONS IN THE COUNTIES OTHER THAN NEW YORK.

II. OF THE PROCEEDINGS IN THE COURTS OF SPECIAL SESSIONS

IN THE CITY AND COUNTY OF NEW YORK.

III. OF APPEALS FROM THE COURTS OF SPECIAL SESSIONS.

TITLE I.

Of Proceedings in Courts of Special Sessions in the Counties other than

New York.

SEC. 699. Charge to be read to defendant, and he required to plead.

700. The plea, and how put in.

701. Issue, how tried.

702. Defendant may demand a trial by jury.

703. Jury, how summoned.

704. Summoning the jury, and returning the list.

705. Depositing ballots in box.

706. Drawing the jury.

707. Challenges.

708. Talesmen, when and how ordered and summoned.

709. Punishing officer for not returning list, and issuing new order for jury.

710. Jury, how constituted.

711. Their oath.

712. Trial, how conducted.

713. Jury may decide in court, or retire. Oath of officer on their retire

ment.

714. Delivering verdict, and entry thereof.

715. Discharge of jury without verdict.