at the time of the commission of the crime; and, second, when a person in confinement under indictment, whether before or after conviction, appears to be insane, to determine his mental condition at the time of the examination. People v. McElvaine, 36 St. Rep., 180; 125 N. Y., 605; 8 N. Y. Cr.,

159.

Discretion.-It invests the trial judge with a discretion to appoint or not appoint a commission, as in the exercise of his judgment he may deem it proper or necessary to do. Id.

Duty of court.-It is the duty of the court, when the subject is brought to its attention by responsible parties to examine sufficiently to determine the good faith of the application. Id.

Under the second paragraph of this section, it is only when the necessity of such an examination is made to appear, that the court is bound to order an examination. Id.

Commission.-No provision is made for a commission to take testimony to be read upon an inquiry by commissioners, appointed under this section, into the sanity of a defendant under indictment. People v. Haight, 3 N. Y. Cr., 63; 13 Abb. N. C., 199.

See People v. Taylor, 52 St. Rep., 920; 138 N. Y., 408.

§ 659. If found insane, trial or judgment suspended, and defendant to be committed to state lunatic asylum, if his discharge be dangerous to the public peace or safety.-If the commission find the defendant insane the trial or judgment must be suspended, until he becomes sane; and the court, if it deem his discharge dangerous to the public peace or safety, must order that he be, in the meantime, committed by the sheriff to a state lunatic asylum, and that upon his becoming sane, he be re-delivered by the superintendent of the asylum to the sheriff.

Not final. The report of the commissioners is not a final determination of the question of the defendant's sanity at the time when it is alleged that he committed the offense. People v. Haight, 3 N. Y. Cr., 61; 13 Abb. N. C., 198.

The provisions of this section do not deprive the court of the power to review the action of the commission. People v. Rhinelander, 3 N. Y. Cr., 338.

The court has discretion as to suspending the trial of the indictment. Id. Test. It is sufficient, in such a proceeding, to put the defendant to his defense that he is capable of rightly understanding his own condition, the nature of the charge against him, and of conducting his defense in a rational manner. Id.

§ 660. If defendant committed, bail exonerated or deposit of money refunded.-The commitment of the defendant, as mentioned in the last section, exonerates his bail, or entitles a person authorized to receive the property of the defendant, to a return of any money he may have deposited instead of bail.

§ 661. Detention of defendant in asylum and proceedings on his becoming sane.-If the defendant be received into the asylum, he must be detained there until he become sane. When he becomes sane, the superintendent must give a written notice of that fact to a judge of the supreme court of the district in which the asylum is situated. The judge must require the sheriff without delay to bring the defendant from the asylum, and place him in the proper custody until he be brought to trial, judgment, or execution as the case may be, or be legally discharged.

The report of the commissioners will not prevent the defendant from

having the question of his sanity passed upon by the jury on the trial of the indictment. People v. Haight, 3 N. Y. Cr., 61; 13 Abb. N. C., 198.

§ 662. Expenses incident to sending defendant to asylum, how paid. The expenses of sending the defendant to the asylum, of keeping him there, and of bringing him back, are, in the first instance, chargeable to the county from which he was sent; but the county may recover them from the estate of the defendant, if he have any, or from a relative, town, city, or county, bound to provide for and maintain him elsewhere.

CHAPTER VI.

COMPROMISING CERTAIN CRIMES, BY LEAVE OF THE COURT. SECTION 663. What crimes may be compromised.

664. When proceedings may be stayed and the defendant discharged.

665. Order, a bar to another prosecution.

666. No public offense to be compromised, except as provided in this chapter.

§ 663. What crimes may be compromised.-When a defendant is brought before a magistrate, or is held to answer on a charge of a misdemeanor, for which the person injured by the act constituting the crime has a remedy by civil action, the crime may be compromised, as provided in the next section, except when it was committed,

1. By or upon an officer of justice while in the execution of the duties of his office;

2. Riotously; or

3. With an intent to commit a felony.

Amended by chap. 63 of 1884.

This amendment inserted the words "is brought before a magistrate, or." The termination of a prosecution by compromise, as provided for by this and the following section, does not constitute such a termination as will justify an action for malicious prosecution. Gallagher v. Stoddard, 13 St. Rep., 218; 47 Hun, 103.

§ 664. When proceedings may be stayed and the defendant discharged. If the party injured appear before the magistrate, or before the court to which the depositions and statements are required, by section two hundred and twenty-one, to be returned at any time before trial or commitment by the magistrate, or trial on indictment for the crime, and acknowledge in writing that he has received satisfaction for the injury, the magistrate or court may, in his or its discretion, on payment of the costs and expenses incurred, if such magistrate or court shall see fit so to direct, order all proceedings to be stayed upon the prosecution and the defendant be discharged therefrom. But in that

case, the reason for the order must be set forth therein and entered upon the minutes.

Amended by chap. 63 of 1884.

This amendment gave to the magistrate the same power as the court had by the original section.

§ 665. Order, a bar to another prosecution. The order authorized by the last section is a bar to another prosecution for the same offense.

$666. No public offense to be compromised, except as provided in this chapter.-No crime can be compromised, nor can any proceeding for the prosecution or punishment thereof upon a compromise, be stayed, except as provided in sections 663 and

664.

CHAPTER VII.

DISMISSAL OF THE ACTION, BEFORE OR AFTER INDICTMENT, FOR WANT OF PROSECUTION OR OTHERWISE.

SECTION 667. Dismissal, when a person held to answer is not indicted at the next term thereafter.

668. When a person indicted is not brought to trial at the next

term thereafter.

669. Court may order action to be continued, and in the mean time discharge defendant from custody, on his own undertaking, or on bail.

670. If action dismissed, defendant to be discharged from custody, or his bail exonerated, or deposit of money refunded.

671. Court may order indictment to be dismissed.

672. Nolle prosequi abolished; no indictment to be dismissed or abandoned, except according to this chapter.

673. Dismissal, a bar, in misdemeanor; but not in felony.

§ 667. Dismissal, when a person held to answer is not indicted at the next term th reafter.-When a person has been held to answer for a crime, if an indictment be not found against him, at the next terri f the court at which he is held, to answer, the court may application of the defendant order the prosecution to b ismissed, unless good cause to the contrary be

shown.

§ 668. When a person indicted is not brought to trial at the next term thereafter.-If a defendant, indicted for a crime, whose trial has not been postponed upon his application, be not brought to trial a' the next term of the court in which the indictment is triable, fter if und the court may, on application of the defend. nt, rth indictment to be dismissed, unless good cause to the contrary be shown.

Indictment dismissed. This section is new, and was not law previous to the Code. People v. Beckwith, 2 N. Y. Cr., 31.

Where there are several indictments against the same defendant, it is neither wise nor just for the prosecution to allow years to elapse between the trials on the indictment. People v. Smith, 2 N. Y. Cr., 45.

The former statute, which contemplated the discharge of a prisoner who is not brought to trial within the time mentioned in the statutes, did not give an absolute right to a release. Matter of People ex rel. Estes v. Warden, etc., 11 W. Dig., 271. If the prosecution could furnish a good reason to the contrary, the application need not to be granted. Id.

$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 mean time 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 notes under preceding section.

The circumstances, in People v. Smith, 2 N. Y. Cr., 45, were held to be such as to require the discharge of the defendant on his own recognizance.

§ 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 if admitted to bail, his bail is exonerated, or money deposited instead of bail must be refunded to him.

Sce notes under section 668, ante.

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

See People v. Smith, 2 N. Y. Cr., 46.

This section is new, and was not law prior to the Code. People v. Beckwith. 2 N. Y. Cr., 31

Dismissal. The Code has not taken away the power which the court formerly possessed over indictments, but has rather enlarged it. People v. Brickner, 8 N. Y. Cr., 221; 15 N. Y. Supp., 530.

The power given by this section may be exercised upon the application of the district attorney or on motion of the court. Id. The court may act either upon its own motion or at the suggestion of an amicus curice, or upon the request of the defendant, if he can make it appear that a proper case exists. Id.

An indictment, filed previous to the time that the Code of Criminal Procedure took effect, cannot be dismissed upon the motion of the defendant under this section. People v. Beckwith, 2 Ñ. Y. Cr., 29; People v. Smith, id.

45.

§ 672. Nolle prosequi abolished. No indictment to be dismissed or abandoned except according to this chapter.-The entry of a nolle prosequi is abolished; and neither the attorneygeneral, nor the district attorney, can discontinue or abandon a prosecution for a crime except as provided in the last section. This section abolishes the old practice of entering a nolle prosequi. People v. Beckwith, 2 N. Y. Cr., 52.

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

See section 9, ante, and notes under such section.

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 corporation, 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 depositions.

680. Grand jury may proceed as in the case of a natural person. 681. Bringing an indicted corporation into court.

682. Fine, on conviction, how collected.

§ 675. 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 specified time and place, to answer the charge; the time to be not less than ten days after the issuing of the summons.

20.

See People v. Equitable Gas Light Co., 6 N. Y. Cr., 191; 5 N. Y. Supp.

§ 676. Form of the summons.-The summons must 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 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