GENERAL PROVISIONS AND DEFINITIONS APPLICABLE TO THIS CODE. SECTION 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." 961. Definition of 60 county court." 962. To what actions and proceedings this Code applies. 963. When Code to take effect. § 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. § 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. Unless when other. wise provided, words used in this Code in the present tense, include the future as well as the present. Words used in the masculine gender comprehend as well the feminine and neuter. The singular number includes the plural, and the plural the singular. And the word "person" includes a corporation, as well as a natural per son. 956. Definition of “ writing." The term “ printing. writing" includes § 957. Definition of "oath." The term "oath" includes an affirmation. § 958. Definition of "signature." The term 'signature" includes a mark, when the person cannot 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 deposi tion, or a paper executed before a judicial officer; in which case the attestation of the officer is sufficient. § 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. § 981. Definition of “county court.” The term "county court" 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 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. § 963. When Code to take effect. This Code shall take effect on the first day of September 1881. When construed in conncetion with other statutes, it must be deemed to have been enacted on the fourth day of January, 1881, so that any statute enacted after that day is to have the same effect as if it had been enacted after this Code. Το No. 1. General Form of Information for Warrant. one of the Justices of the Peace [or Police Justices], in and for the County of Albany [or City of, as the case may be]: John Doe, of the town of of said county, being duly sworn, says that on the .. day of at the town of 19.. He there aforesaid, in said county, Richard Roe, late of the city of in said county of did [describe specifically the offense charged]. fore prays that legal process may be issued, and that the said Richard Roe be apprehended and held to answer to said complaint, and be dealt with according to law. In the Name of the People of the State of New York: To any Sheriff, Constable, Marshal, or Policeman in this State [or in the County of provided in sections 155 and 156]: as the case may be, as Information on oath having this day, by information, been laid before me that the crime of [designating it] has been committed and accusing Richard Roe thereof, You are therefore commanded forthwith to arrest the said Richard Roe, and bring him before me, at the police court [or other court], in the city of or in case of my absence or inability to act, before the nearest or most accessible magistrate in this county. Dated at the city of .........., this ...... day of 19.. JOHN JONES. Police Justice [or Justice of the Peace, as the case may be]. 217a No. 3. Oath of Foreman of Grand Jury. (Code Crim. Proc., § 245.) You, as foreman of this grand jury, shall diligently inquire, and a true presentment make, of all such matters and things as shall be given you in charge; the counsel of the people of this State, your fellows and your own you shall keep secret; you shall present no person from envy, hatred, or malice; nor shall you leave any one unpresented through fear, favor, affection, or reward, or hope thereof, but you shall present all things truly as they come to your knowledge, according to the best of your understanding. So help you God! No. 4. Oath of Grand Jurors. (Code Crim. Proc., §.246.). "The same oath which your foreman has now taken before you, on his part, you and each of you shall well and truly observe on your part. So help you God!" The grand jury of the county of by this indictment accuse Richard Roe of the crime of [insert the name of the crime if one is given by statute; if not, briefly describe the crime in conformity with the statute], committed as follows: The said Richard Roe, on the ...... day of at the town [city or village] of ... 19.., in this county [here describe specifically the act charged as an offense]. |