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trict attorney of the county, and may call and examine witnesses and compel their attendance. The counsel of the defendant may take part in the proceedings. When the commissioners have concluded their examination they must forthwith report the facts to the court with their opinion thereon.

Commissioner's oath. Code Civ. Proc., $ 1016 ; Peo. v. Rhinelander, 2 N. Y. Cr., 335.

§ 659. If found insane, trial or judgment suspended, etc. 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.

$ 660. Bail exonerated. — 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 and discharge of defendant.-If the defendant be received into the asylum, he must be detained there until he become sane. When he becomes sane, the superintendant must give a written notice of that fact to a judge of the supreme court of the disirict 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.

§ 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.


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SEC. 663. Certain crimes, for which the party injured has a civil

action, may be compromised.
664. Compromise to be by permission of the court. Order

665. Order, a bar to another prosecution.
666. No public offense to be compromised, except as pro-

vided in this chapter.
§ 663. Certain crimes for which the party injured
has a civil action may be compromised.—When a de-
fendant 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

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. [Am'd ch. 63 of 1881.]

§ 664. Compromise to be by permission of the court; order thereon.—If the party injured appear before the ma jistrate, 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 coinmitment 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 payınent of the costs and expenses incurred, if such magistrate or court shall see fit so to direct, order all proceedlings 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. [An'l ch. 63 of 1884.)

Cannot compromise after conviction. Peo. v. Bishop, 2 Wend., 111. Nor stay trial because civil action pending, but may sento

Peo. v. Judges of Genesee, 13 Johns., 85; Fagan v. Knox, 66 N. Y., 52); rev'g & J. and Sp., 41.

§ 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 other offense to be compromised.-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.




SEC. 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 teim 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 ueposit of money

refunded. 671. Court may order indictment to be dismissed. 672. Nolle prosequi abolished. No indictment to be dis.

missed or abandonei, except according to this

chapter. 673. Dismissal, a bar, in misdemeanor ; but not in felony. § 667. Dismissal, when no indictment at next term. When a person has been held to answer for a crime, if an indictment be not found against him, at the next term of the court at which he is held, to answer, the court may on application of the defendant order the prosecution to be dismissed, unless good cause to the contrary be shown.

§ 668. When indictment is not brought to trial at the next term.-If a defendant, indicted for a crime whose trial has not been postponed upon his application, be not brought to trial at the next term of the court in which the indictment is triable, after it is found the court may, on application of the defendant, order the indictment to be dismissed, unless good cause to the contrary be shown. · Peo. v. Smith, 2 N. Y. Cr., 45. Peo., etc., v. Warden, C. P., 17

271. § 669. Court may order action to be continued, etc.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 meantime 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.


§ 670. If action dismissed, defendant to be discharged, etc.-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.

§ 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.

§ 672. Nolle prosequi abolished.- The entry of a noile 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.

§ 673. Dismissal, a bar, in misdemeanor, but not in fəlony.- 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.


REMITTING THE PUNISHMENT, IN CERTAIN CASES. SEC. 674. Punishment, upon conviction of a master of a vessel

from a foreign country. § 674. Punishment, when remitted. 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.




SEC. 675. Summons upon an


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. Appearance, and plea to an indictment, and pro

ceedings thereon. 682. Fine,on conviction, how collected. § 675. Information against a corporation.— 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 specitied time and place, to answer the charge; the time to be not less than ten days after the issuing of the summons.

$ 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.] “Dated at the city, (or “town,"] of

the day of

G. H., Justice of the peace.

(or as the case may be.]

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§ 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.

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