TITLE XI.

Miscellaneous Provisions, respecting Special Proceedings of a Criminal
Nature.

SEC. 950. Parties to a special proceeding, how designated.

951. Provisions respecting entitling affidavits, applicable.

952. Courts and magistrates to issue subpoenas, and punish disobedience
of witnesses.

§ 950. Parties to a special proceeding, how designated. — The party prosecuting a special proceeding of a criminal nature, is designated in this Code, as the complainant, and the adverse party as the defendant.

People ex rel. Scherer v. Walsh, 33 Hun, 346; 2 N. Y. Cr. 327; 67 How. 484; Killoran v. Barton, 26 Hun, 650.

§ 951. Provisions respecting entitling affidavits, applicable. The provisions of this Code, in respect to entitling affidavits in a criminal action, are applicable to special proceedings of a criminal nature.

People ex rel. Scherer v. Walsh, 33 Hun, 345; 2 N. Y. Cr. 327; 67 How. 484; Com'rs, etc. v. Hammill, 33 Hun, 348.

§ 952. Courts and magistrates to issue subpoenas, and punish disobedience of witnesses. - All courts and magistrates having before them special proceedings of a criminal nature, may issue subpœnas for witnesses, and punish their disobedience in the same manner as in criminal actions.

People ex rel. Scherer v. Walsh, 33 Hun, 345; 2 N. Y. Cr. 327; 67,How. 484; Com'rs. etc. v. Hammill, 38 Hun, 348.

t

GENERAL PROVISIONS AND

DEFINITIONS AP

PLICABLE TO THIS CODE.

SEC. 953. Abatement of nuisance.

954. No part of this Code retroactive, unless expressly so declared.

955. Present tense includes future, etc.

956. Definition of "writing."

957. Definition of "oath.'
958. Definition of "signature."

959. Definition of "magistrate."

960. Definition of " peace officer."

961. Definition of "court of sessions."

962. To what actions and proceedings this Code applies.
963. When Code to take effect.

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§ 953. Abatement of nuisance. Where a person is convicted of keeping or maintaining a public nuisance, and sentenced to punishment, the court may in its judgment, in addition to or in place of other punishment, direct that the nuisance be abated, and issue an order to the sheriff of the proper county to execute the judgment as therein directed.

Syracuse, etc. Co. v. People, 66 Barb. 25; Anderson v. Doty, 33 Hun, 163.

§ 954. No part of this Code retroactive, unless expressly so declared. No part of this Code is retroactive, unless expressly so declared.

§ 955. Present tense includes future, etc.—[Repealed by ch. 677 of 1892.]

§ 956. Definition of “writing.”—[Repealed by ch. 677 of 1892.] § 957. Definition of “oath.”—[Repealed by ch. 677 of 1892.]

§ 958. Definition of “signature.”— The term "signature"? includes a mark, when the person can not write; his name being written near it, and the mark being witnessed by a person who writes his own name as a witness, except to an affidavit or deposition, or a paper executed before a judicial officer; in which case the attestation of the officer is sufficient.

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§ 959. Definition of "magistrate."- Unless when otherwise provided, the term "magistrate" signifies any one of the magistrates mentioned in section 147.

§ 960. Definition of "peace officer."-Unless when otherwise provided, the term "peace officer" signifies any one of the officers mentioned in section 154.

§ 961. Definition of "court of sessions."— The term "court of sessions" includes "the court of general sessions in the city and county of New York," wherever such inclusion does not conflict with other provisions of this Code.

§ 962. To what actions and proceedings this Code applies.This Code applies to criminal actions, and to all other proceedings in criminal cases which are herein provided for, from the time when it takes effect; but all such actions and proceedings, theretofore commenced, must be conducted in the same manner as if this Code had not been passed; except that if in any local statute confined, by its terms, to a town or village or to a county or city other than the city and county of New York, any proceeding is prescribed, in addition to those prescribed by this Code and not inconsistent with it, the same shall remain unaffected by it.

See 719 of Penal Code. Willett v. People, 27 Hun, 471; Ostrander v. People, 28 id. 48; 29 id. 513; 1 N. Y. Cr. 274, People ex rel. Sherwin v. Mead, 92 N. Y 415; 28 Hun, 431; 64 How. 41; Com'rs, etc. v. Hammill, 33 Hun, 348; People v. Holmes, 41 id. 55; 5 N. Y. Cr. 130; Matter of McMahon, 1 N. Y. Cr. 58; 64 How. 285; People v. Hovey, 92 N. Y. 558; 1 N. Y. Cr. 282; McKeon v. People, 94 N Y. 648; N. Y. Cr. 456; People v. Bork, 96 N. Y. 188; 2 N. Y. Cr. 56, 177; People v. Beckwith, id 29, People v. Augsburgh, id. 561; People v. Sessions, 10 Abb. N. C. 192; 62 How. 415.

§ 963. When Code to take effect. This Code shall take effect on the first day of September, 1881. When construed in connection with other statutes, it must be deemed to have been enacted on the fourth day of January, eighteen hundred and eighty-one, so that any statute enacted after that day is to have the same effect as if it had been enacted after this Code.

Willett v. People, 27 Hun, 470; Matter of McMahon, 1 N. Y. Cr. 58; 64 How. 284; People v. Welch, 1 N. Y. Cr. 488; People v. Jefferson, 101 N. Y. 20; 3 N. Y. Cr. 575; People v. Petrea, 92 N. Y. 128; People v Sessions, 10 Abb N. C. 192; 62 How. 415; People ex rel. Van Houton v. Sadler, 2 N. Y. Cr. 439; Matter of Ramscar, 1 N. Y. Cr. 33; 10 Abb. N. C. 442; 63 How. 285; Matter of Waters, 66 How. 174.

when jury discharged by reason of, new trial may be had.............. 430

of persons employed by governor, on return of fugitives from justice... 836

ADMINISTRATION OF CRIMINAL JUSTICE-(See CRIMINAL ACTION.)