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§ 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.

§ 679. Certificate of the magistrate and return.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 depositions and certificate, in the manner prescribed in section 221.

§ 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.

If an

§ 681. Appearance, and plea to indictment. 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.

§ 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.

CHAPTER X.

ENTITLING AFFIDAVITS. SEC. 683. Afidavits 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.

CHAPTER XI.

ERRORS AND MISTAKES, IN PLEADINGS AND OTHER PROCEED

INGS.

SEC. 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 res ect 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.

CHAPTER XII.

DISPOSAL OF PROPERTY, STOLEN OR EMBEZZLED. SEC. 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. 638. 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 con

missioners of charities and corrections. 690. Receipt for money or property, taken from person

arrested for a public offense. 691. Duties of police clerks in the city of New York, etc.

$ 685. Property stolen or embezzled in custody of officer.- When property, alleged to have been stolen or embezzled, cornes 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.

§ 686. Order for its delivery to owner. On satisfactory 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.

$ 687. Magistrate must deliver property 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 be deemed necessary in furtherance of justice, be delivered to the owner, on satisfactory proof of his title, and on his paying the necessary expenses incurred in its preservation, to be certified by the magistrate.

$ 688. Court in which trial is had may order such delivery to owner.-If property stolen or embezzled have not been delivered to the owner, the court before which a trial is had for stealing or embezzling it, may, on proof of his title, order it to be restored to the

owner.

§ 689. If not claimed in six months, how disposed of.—If property stolen or embezzled be not claimed by the owner, before the expiration of six months from the conviction of a person for stealing or embezzling it, the magistrate or other officer having it in his custody must, on payment of the necessary expenses incurred in its preservation, deliver it to the county superintendents of the poor, or in the city of New York, to the commissioners of charities and corrections, to be applied for the benefit of the poor of the county or city, as the case may be.

§ 690. Receipt for money or property, taken from a person arrested.--Except in the city of New York, when money or other property is taken from a defendant, arrested upon a charge of a crime, the officer taking it must, at the time, give duplicate receipts therefor, specifying particularly the amount of money or the kind of property taken; one of which receipts he must deliver to the defendant, and the other of which he must forth

with file with the clerk of the court to which the depositions and statement must be sent, as provided in section 221.

§ 691. Duties of police clerks in the city of New York, etc.—The commissioners of police of the city of New York may designate some person to take charge of all property alleged to be stolen or embezzled, and which may be brought into the police office, and all property taken from the person of a prisoner, and may prescribe regulations in regard to the duties of the clerk or clerks so designated, and to require and take security for the faithful performance of the duties imposed Ly this section, and it shall be the duty of every officer into whose possession such property may come, to deliver the same forthwith to the person so designated,

CHAPTER XIII.

REPRIEVES, COMMUTATIONS AND PARDONS. SEC. 692, Power of governor to grant reprieves, commutations

and pardons. 693. His power, in respect to convictions for treason.

Duty of the legislature, in such cases. 694. Governor to communicate annually to legislature,

reprieves, commutations and pardons. 695. Report of case, how, and from wbom required. 696. Notice to district attorney, of application for pardon. 697. Publication of notice. 698. Papers relating to application, to be filed with secre

tary of state. $ 692. Power of governor to grant reprieves, commutations and pardons.—The governor has power to grant reprieves, commutations and pardons, after conviction, for all offenses, except treason and cases of impeachment, upon such conditions, and with such restrictions and limitations, as he may think proper, subject to the regulations provided in this chapter.

Pardon does not bar other proceedings. Anon, 86 N. Y., 563.

§ 693. His power in respect to convictions for treason. Duty of the legislature, in such cases.—He may also suspend the execution of the sentence, upon a conviction for treason, until the case can be reported to the legislature, at its next meeting, when the legislature must either pardon or commute the sentence, direct the . execution thereof, or grant a further reprieve.

§ 694. Governor to communicate annually to legislature.—He must annually communicate to the legislature, each case of reprieve, commutation or pardon ; stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the commutation, pardon or reprieve.

§ 695. Report of case, how and from whom required. When application is made to the governor for a pardon, commutation or reprieve, it shall be the duty of the presiding judge of the court before which the conviction was had, and the district attorney by whom the criminal action was prosecuted, or the district attorney of the county where the conviction was hud, holding office at the time of such application, to supply the governor, upon his request therefor, and without delay, with a statement of the facts proved on the trial; or, if a trial was not had, the facts appearing before the grand jury which found the indictment, and of any other facts having reference to the propriety of granting or refusing such pardon, commutation or reprieve. [Am'd ch. 356 of 1884.]

$ 696. Repealed.

§ 697. Repealed.

§ 698. Repealed.

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