poration, such corporation must be arraigned thereon, and the court acquires jurisdiction over the corporation, in the manner following:

1. The clerk of the court wherein such indictment is found, or to which it is sent or removed, or the district attorney of the county, must issue a summons signed by him with his name of office, requiring such corporation to appear and answer the indictment by a 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:

Supreme court, county of

(state the proper county

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

VS.

The A. B. Company.

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 supreme court (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.

Dated at the city (or town) of

the

C. D.

18

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.

§ 682. [am'd 1892.] Fine, on conviction, how collected. When a fine is imposed upon a corporrtion upon conviction, it may be collected in the same manner as a judgment in a civil action, and if an execution issued upon such judgment be returned unsatisfied, the district attorney of the county may thereupon bring an action in the name of the people of the State of New York, to procure a judgment sequestrating the property of the corporation, as provided by the Code of Civil Procedure.

1

CHAPTER X

ENTITLING AFFIDAVITS.

SECTION 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.

SECTION 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 bis prejudice, in respect to a substantial right.

CHAPTER XII.

DISPOSAL OF PROPERTY, STOLEN OR EMBEZZLED.

SECTION 385. When property, alleged to be stolen or embezzled, comes into custody of peace officer.

386. Order for its delivery to owner.

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

689. If not claimed in six months to be delivered to county - superintendent of the poor or in New York, to commissioners of charities and corrections. If property stolen or embezzled be not claimed by the owner, before the expiration of six months from 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.

Id. § 55.

§ 690. Receipt of money or property, taken from a person arrested for a public offense. 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 dupli cate receipts thereof, or specifying particularly the amount of money or the kind of property taken; one of which receipts he must deliver to the defendant, 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 desig nated, 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.

SECTION 692 Power of governor to grant reprieves, commutations and paraons. 693. His power in respect to convictions for treason; duty of the legis lature, in such cases.

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

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

696. Conditional pardon.

697. Same.

698. Same.

692. Power of governor to grant reprieves, commutation and pardons. The governor has power to grant reprieves, commu tations and pardons, after conviction, for all offenses, except treason and cases of impeachment, upon such conditions, and with such