Cal. Rep. Cit. 54, 101; 54, 413; 54, 414; 63, 346; 65, 218; 69, 540; 74, 576; 82, 109; 85, 516; 91, 29; 99, 101; 100, 3; 100, 6; 113, 284; 113, 285; 116, 154; 127, 374; 133, 357; 140, 658; 144, 56. Subd. 2-77, 447; 116, 152; 127, 373; 130, 162; 133, 351; 136, 294.

Crim. Prac. Act, sec. 593.

290. En. 1851, 212.

En. April 20, 1850. Rep. 1851,

Crim. Prac. Act, sec. 594. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Cal. Rep. Cit. 19, 549.

Dismissal before indictment: See ante, sec. 941.

§ 1383. Continuance and discharge from custody. If the defendant is not charged or tried, as provided in the last section, and sufficient reason therefor is shown, the court may order the action to be continued from time to time, and in the meantime may discharge the defendant from custody on his own undertaking of bail for his appearance to answer the charge at the time to which the action is continued. En. February 14, 1872. Am'd. 1880, 29.

Cal. Rep. Cit. 54, 413.

Crim. Prac. Act, sec. 595. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Cal. Rep. Cit. 19, 550.

§ 1384. If action dismissed, defendant to be discharged, etc. If the court directs the action to be dismissed, the defendant must, if in custody, be discharged therefrom; or if admitted to bail, his bail is exonerated, or movey deposited instead of bail must be refunded to him. En. February 14,

1872.

Cal. Rep. Cit. 54, 414.

Crim. Prac. Act, sec. 596. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 1385. Dismissed on motion of court or application of district attorney. The court may, either of its own motion or upon the application of the district attorney, and n furtherance of justice, order an action or indictment to be dismissed. The reasons of the dismissal must be set forth in an order entered upon the minutes. En. February 14, 1872.

Cal. Rep. Cit. 48, 253; 64, 263; 71, 546; 85, 590; 127, 130, 75; 132, 16; 143, 599; 144, 635.

64;

Crim. Prac. Act, sec. 597. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 1386. Nolle prosequi abolished. 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 public offense, except as provided in the last section. En. February 14, 1872.

Cal. Rep. Cit. 85, 590.

Crim. Prac. Act, sec. 598. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 1387. Dismissal of actions, order for 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 any other prosecution for the same offense, if it is a misdemeanor, un less such order is explicitly made for the purpose of ariending the complaint in such action, in which instance such order for dismissal of the action shall not act as a par to a prosecution upon such amended complaint; but an order for the dismissal of the action is not a bar if the offense is a felony. En. February 14, 1872. Am'd. 1905, 724.

Inserts in the section relating to an order for dismissal being a bar in cases of misdemeanor, a provision that where the order explictly is made for the purpose of allowing an amended complaint to be filed, the order for dismissal shall not constitute a bar. This revision corrects a manifest abuse. The bill is earnestly urged by the district attorney of Napa county.-Code Commisssioner's Note. Cal. Rep. Cit. 48, 253; 52, 464; 64, 263; 123, 155; 127, 64; 130, 75; 132, 16; 136, 295; 136, 299; 143, 599; 144, 481. Crim. Prac. Act, sec. 599. En. April 20, 1850. Rep. 1851, En. 1851, 212.

290.

§ 1388. Judgment suspended in the case of a minor, when. Final judgment may be suspended on any conviction, charge, or prosecution of a minor, for misdemeanor or felony, where in the judgment of the court in which such proceeding is pending there is reasonable ground to believe that such minor may be reformed, and that a commitment to prison would work manifest injury in the premises. Such suspension may be for as long a period as the circumstances of the case may seem to warrant, and subject to the following further provisions: During the period of such suspension, or

of any extension thereof, the court or judge may, under such limitations as may seem advisable, commit such minor to the custody of the officers or managers of any strictly nonsectarian charitable corporation conducted for the purpose of reclaiming criminal minors. Such corporation, by its officers or managers, may accept the custody of such minor for a period of two months (to be further extended by the court or judge should it be deemed advisable), and should said minor be found incorrigible and incapable of reformation, he may be returned before the court for final judgment for his offense. Such charitable corporation must accept the custody of said minor as aforesaid, upon the distinct agreement that it and its officers will use all reasonable means to effect the reformation of such minor, and provide him with a home and instruction. No application for guardianship of such minor by any person, parent, or friend can be entertained by any court during the period of such suspension, and custody, save upon recommendation of the court before which the criminal proceedings are pending. Such court may further, in its discretion, direct the payment of the expenses of the maintenance of such minor during such period of two months, not to exceed, in the aggregate, the sum of twentyfive dollars, which sum includes board, clothing, transportation, and all other expenses, to be paid by the county where such criminal proceeding is pending, or direct action to be instituted for the recovery thereof out of the estate of such minor, or from his parents. Such court may also revoke such order of suspension at any time. En. Stats. 1883, 377. Am'd. 1905, 704.

The change consists in the insertion of the words "of a minor," after "prosecution," and in the insertion of the word "the" before "custody."-Code Commissioner's Note.

Cal. Rep. Cit. 71, 628; 71, 631; 71, 633; 93, 640; 113, 588.

§ 1389. Prohibiting minors to visit houses of ill-fame. En. Stats. 1887, 119. Rep. 1905, 761.

The matter now in section 1389, which incorrectly stands in a chapter entitled "Dismissal of the Action," is put into a new section desig. nated as 273e, and is put in its proper chapter, with the other sections relative to children, and section 1389 accordingly repealed.Code Commissioner's Note.

Pen. Code-31

CHAPTER IX.

PROCEEDINGS AGAINST CORPORATIONS.

§ 1390. Summons upon information against corporation. § 1391. Form of summons.

§ 1392. When and how served.

§ 1393. Examination of the charge.

1394.

§ 1395.

Certificate of magistrate and return of depositions.
Grand jury to investigate if there is sufficient cause.

§ 1396. Appearance and plea.

§ 1390.

Summons upon information against corporation. Upon an information or presentment 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. En. February 14, 1872.

§ 1391. Form of summons. stantially in the following form:

The summons must be sub

County of [as the case may be]:

The people of the state of California 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. [or the presentment of the grand jury of the county, as the case may be], for [designating the offense generally]. Dated at the city [or township] of

this

G. H., justice of the peace, [or as the case may be]. En. February 14, 1872.

§ 1392. 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. ruary 14, 1872.

En. Feb

§ 1393. Examination of the charge. At the appointed time in the summons, the magistrate must proceed to investigate the charge in the same manner as in the case of a natural person, so far as these proceedings are applicable. En. February 14, 1872.

§ 1394. Certificate of magistrate and return of depositions. After hearing the proofs, the magistrate 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 deposition and certificate, as prescribed in section 883. En. February 14, 1872. § 1395. Grand jury to investigate if there is sufficient cause. If the magistrate returns a certificate that there is sufficient cause to believe the corporation guilty of the offense charged, the grand jury may proceed, or the district attorney file an information thereon, as in case of a natural person held to answer. En. February 14, 1872. Am'd. 1880, 29.

§ 1396. Appearance and plea. If an indictment is found, or information filed, the corporation may appear by counsel to answer the same. If it does not thus appear, a plea of not guilty must be entered, and the same proceedings had thereon as in other cases. En. February 14, 1872. Am'd. 1880, 29.

§ 1397. 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 its real and personal property, in the same manner as upon an execution in a civil action. En. February 14, 1872.