§ 669. Court may order action to be continued, and in the meantime discharge defendant from custody, on his own undertaking, or on bail. If the defendant be not indicted or tried, as provided in the last two sections, and sufficient reason therefor be shown, the court may order the action to be continued from term to term, and in the meantime may discharge the defendant from custody, on his own undertaking, or on the undertaking of bail for his appearance to answer the charge at the time to which the action is continued.

See People v. Beckwith, 2 N. Y. Cr. Rep. 31.

§ 670. If action dismissed, defendant to be discharged from custody, or his bail exonerated, or deposit of money refunded. If the court direct the action to be dismissed, the defendant must, if in custody, be discharged therefrom, or i admitted to bail, his bail is exonerated, or money deposited instead of bail must be refunded to him.

See People v. Beckwith, 2 N. Y. Cr. Rep. 31.

§ 671. Court may order indictment to be dismissed. The court may, either of its own motion, or upon the applicatio of the district attorney, and in furtherance of justice, order a action, after indictment, to be dismissed.

See People v. Beckwith, 2 N. Y. Cr. Rep. 29.

§ 672. Nolle prosequi abolisned; no indictment to dismissed or abandoned except according to this cha ter. The entry of a nolle prosequi is abolished; and neith the attorney-general, nor the district attorney, can discontinue abandon a prosecution for a crime, except as provided in the section.

§ 673. Dismissal, a bar in misdemeanor, but not felony. An order for the dismissal of the action, as provi in this chapter, is a bar to another prosecution for the s offense, if it be a misdemeanor; but it is not a bar, if the offe charged be a felony.

See § 9, ante, and cases cited; Rapalje's Crim. Proc., § 129.

CHAPTER VIII.

REMITTING THE PUNISHMENT IN CERTAIN CASES.

SECTION 674. Punishment, upon conviction of a master of a vessel from a foreign country.

§674. Punishment, upon conviction of a master of a vessel from a foreign country. - When the master of a vessel arriving from a foreign country is convicted of having knowingly brought a person convicted therein of a crime, which, if committed in this state, would be a felony, to a place within the state, the court before which the conviction 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 IX.

PROCEEDINGS AGAINST CORPORATIONS.

SECTION 675. Summons upon an information or presentment against a corpo. ration, by whom issued, and when returnable.

676 Form of the summons.

677. When and how served.

678. Examination of the charge.

679. Certificate of the magistrate, and return thereof with the depo

sitions.

680. Grand jury may proceed as in the case of a natural perso". 681. Appearance, and plea to indictment, and proceedings thereon. 682. Fine, on conviction, how collected.

8675. Summons upon an information or presentment against a corporation, by whom issued, and when returnable.-Upon an information against a corporation, the magistrate must issue a summons, signed by him, with his name of office, requiring the corporation to appear before him, at a speciied time and place, to answer the charge; the time to be not less than ten days after the issuing of the summons.

§ 676. Form of the summons. substantially the following form:

The summons must be in

"County of Albany, [or as the case may be.]

"In the name of the people of the state of New York: "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., for [designat ing the offense, generally.]

18

"Dated at the city, [or 'town,'] of

G. H., Justice of the peace."
[Or as the case may be.]

§ 677. When and how served. 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 the secretary cashier, or managing agent thereof.

§ 678. Examination of the charge.-At the time appointed in the summons, the magistrate must proceed to investigate th charge, in the same manner as in the case of a natural perso brought before him, so far as those proceedings are applicable.

§ 679. Certificate of the magistrate, and return thered with the depositions. After hearing the proofs, the magi trate must certify upon the depositions, either that there is or not sufficient cause to believe the corporation guilty of the offens charged, and must return the depositions and certificate, in th manner prescribed in section two hundred and twenty-one.

$ 680. Grand jury may proceed as in the case of natural person. If the magistrate return a certificate th there is sufficient cause to believe the corporation guilty of t offense charged, the grand jury may proceed thereon, as in t case of a natural person held to answer.

See People v. Equitable Gas-light Co., 6 N. Y. Cr. Rep. 193.

§ 681. Appearance, and plea to indictment, and proce ings thereon.— If an indictment be found against a corporati

it may appear by counsel, to answer the same. If it do not thus appear, a plea of not guilty must be entered, and the same proceedings had thereon as in other cases.

See People v. Equitable Gas-light Co., 6 N. Y. Cr. Rep. 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, ont of their real and personal property, in the same manner as upon an execution in a civil action.

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.

8684. 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, ante; People v. Willett, 27 Hun, 469, 471; People v. Menken, 3N, Y. Cr. Rep. 238; 36 Hun, 95; Schrumpf v. People, 14 id. 13; People v. Holmes, 41 id. 55; 5 N. Y. Cr. Rep. 131; People v. Courtney, 1 id. 557; Tillotson v. Mar tin, 40 Hun, 322; People v. Williams, 18 N. Y. State Rep. 405; People, ex rel., v. Smith, 11 Civ. Proc. Rep. 186; People v. Dimick, 107 N. Y. 13, 34; People v. Gillman, 125 id. 372; People v. Hagan, 37 State Rep. 661.

CHAPTER XII.

DISPOSAL OF PROPERTY STOLEN OR EMBEZZLED.

SECTION 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 super
intendent of the poor, or in New York, to commissioners o
charities and corrections.

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

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

§ 685. When property, alleged to be stolen or embez zled, comes into custody of peace officer.-When propert alleged to have been stolen or embezzled, comes into the custod of a peace officer, he must hold it, subject to the order of t magistrate authorized by the next section to direct the dispos thereof.

See Simpson v. St. John, 93 N. Y. 363.

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

See Simpson v. St. John, 93 N. Y. 363; Houghton v. Backman, 47 Barb.