and instructions for the execution of the duties therein prescribed, and to be distributed among the officers therein mentioned; the expense of which must be paid by the treasurer, on the warrant of the comptroller. He must also annually report to the legislature, the results of the information obtained in pursuance of this title. TITLE XI. Miscellaneous Provisions, respecting Special Proceedings of a Criminal Nature. SEC. 950. Parties to a special proceeding, how designated. 951. Provisions respecting entitling affidavits, applicable. 952. Courts and magistrates to issue subpoenas, and punish disobedience of witnesses. § 950. Parties to a special proceeding how designated. The party prosecuting a special proceeding of a criminal nature, is designated in this Code, as the complainant, and the adverse party as the defendant. § 951. Provisions respecting entitling affidavits, applicable.—The provisions of this Code, in respect to entitling affidavits in a criminal action, are applicable to special proceedings of a criminal nature. § 952. Courts and magistrates to issue subpœnas, and punish disobedience of witnesses.-All courts and magistrates having before them special proceedings of a criminal nature, may issue subpoenas for witnesses, and punish their disobedience in the same manner as in criminal actions. GENERAL PROVISIONS AND DEFINI- SEC. 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." peace officer. 961. Definition of "court of sessions." 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. See Syracuse, etc., Co. v. Peo., 66 Barb., 25. § 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 otherwise 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 person. § 956. Definition of "writing."-The term "writing" includes printing. $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 deposition, 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 " Unless peace officer." when otherwise provided, the term "peace officer" signifies any one of the officers mentioned in section 154. § 961 Definition of 'court of sessions.” — The term "court of sessions" 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 in 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. Peo. v. Sessions, 62 How. P. R., 415. $963. When Code to take effect.-This Code shall take effect on the first day of September, 1881. When construed in connection with other statutes, it must be deemed to have been enacted on the fourth day of January, eighteen hundred and eighty-one, so that any statute enacted after that day is to have the same effect as if it had been enacted after this Code. INDEX. A. ABATEMENT. of nuisance on conviction..... ABANDONING. family. (See DISORDERLY PERSONS.) ABSCONDING PARENT-(See PARENT.) ABSENCE. from state of defendant, limitation... of defendant, ground for new trial for felony....... ..... ...... 465 ACCEPTATION. 282 usual, of words to be taken....... ACCIDENT. when jury discharged by reason of, new trial may be had.... 430 of coroner, how audited... 788 of persons employed by governor, on return of fugitives from justice... 836 ACCUSATION-(See INFORMATION)............. 145 ACCUSED. not to be subjected to unnecessary restraint. ACQUITTAL. no second prosecution after... in another state or county, a bar.......... defendant entitled to, on reasonable doubt. SECTION. 10 9 139-140 340-341 447 447 449 452 454 (See FORMER CONVICTION OR ACQUITTAL.) verdict of, cannot be reconsidered... general verdict of.. judgment and proceedings thereon.. on ground of insanity. ACT, OVERT. evidence of, in cases of treason-(See TREASON.) ADJOURNMENT-(See COURTS.) ADMINISTRATION OF CRIMINAL JUSTICE-(See CRIM- ADMITTANCE. to building, etc., if refused, officer may break........175–178 ADVERSE PARTY. in civil action, may be challenged as juror.............. sub. 3, 377 of agent on return of commission. defectively entitled valid.. for allowance of appeal from special sessions.. entitling of, in special proceedings... |