$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 attorney-general, nor the district attorney, can discontinue or abandon a prosecution for a crime, except as provided in the last section. 3 R. S., 1022, § 56. $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. New. (See § 9, ante, and cases there cited.) 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. 3 R. S., 978, § 67, 68: Laws 1833, ch. 230, §§ 1, 2 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 person. 681. Appearance, and plea to indictment, and proceedings thereon. 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. 3 R. S., 1046, §§ 56, 57, 58. § 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 made against you, upon the information of A. B., for [designating the offense, generally.] 18 "Dated at the city, [or 'town,'] of New in form. (See Id.) the day of G. H., Justice of the peace." § 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. Id. §678. Examination of the charge.-At the time appointed in the summons, the magistrate must proceed to investigate the charge, in the same manner as in the case of a natural person brought before him, so far as those proceedings are applicable. Id. $679. Certificate of the magistrate, and return thereof with the depositions.— After hearing the proofs, the magis trate must certify upon the depositions, either that there is or is not sufficient cause to believe the corporation guilty of the offense charged, and must return the depositions and certificate, in the manner prescribed in section two hundred and twenty-one. Id. $ 680. Grand jury may proceed as in the case of a natural person. If the magistrate return a certificate that there is sufficient cause to believe the corporation guilty of the offense charged, the grand jury may proceed thereon, as in the case of a natural person held to answer. Id. § 681. Appearance, and plea to indictment, and proceedings thereon. If an indictment be found against a corporation, 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. Id. -- § 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, out of their real and personal property, in the same manner as upon an execution in a civil action. Id. 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. New. (a) Omission of name. — An affidavit is not defective because the christian name of a party is omitted from the title. (Maury v. Van Arnum, 1 Hill, 370.) (b) Unsigned affidavit. - An affidavit need not be signed by deponent. (Hall v. Spicer, Col. & Caines, 495; 3 Caines, 190; Kenyon v. Virgil, 3 Johns., 540; Soule v. Chase, 1 Rob., 222; 1 Abb. [N. S.], 48.) (c) Title of office. - An affidavit is prima facie sufficient if by the officer before whom it is taken, though he omit the title of his office. (Hunter v. Lacorde, 6 Cow., 728; People v. Rens. Common Pleas., 6 Wend., 543.) (d) Need not state that deponent appeared. Also good though the officer do not expressly state that deponent appeared before him. (Merritt v. Guman, 2 Cow., 552.) 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 his prejudice in respect to a substantial right. New. 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 superintendent of the poor, or in New York, to commissioners of charities and corrections. 690. Receipt for money or property taken from a person arrested for a public offense. 691. Duties of police clerks in the city of New York, etc. § 685. When property, alleged to be stolen or embezzled, comes into custody of peace officer.-When property, alleged to have been stolen or embezzled, comes into the custody of a peace officer, he must hold it, subject to the order of the magistrate authorized by the next section to direct the disposal thereof. 3 R. S., 1046, § 51. On satisfactory §686. Order for its delivery to owner. proof of the title of the owner of the property, the magistrate before whom the information is laid, or who examines the charge against the person accused of stealing or embezzling the property, may order it to be delivered to the owner, unless its temporary retention be deemed necessary in furtherance of justice, on his paying the reasonable and necessary expenses incurred in its preservation, to be certified by the magistrate. The order entitles the owner to demand and receive the property. Id., 52. The magistrate before whom the property is brought, has authority to order the delivery thereof to the party entitled to it. (Houghton v. Backman et al., 47 Barb., 388.) §687. When it comes into custody of magistrate, he must deliver it to owner on proof of title and payment of expenses. If property stolen or embezzled come into the custody of a magistrate, it must, unless its temporary retention |