§ 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 nolle 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 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. CHAPTER VIII. 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. CHAPTER IX. PROCEEDINGS AGAINST CORPORATIONS. SEC. 675. Summons upon an information or 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 proceedings 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 specified 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 day of the 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. § 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. § 681. Appearance, and plea to indictment. — 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. When § 682. Fine, on conviction, how collected. 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. 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. CHAPTER XI. ERRORS AND MISTAKES, IN PLEADINGS AND OTHER PROCEED INGS. SEC. 684. Errors, etc., when not material. - Neither a § 684. Errors, etc., when not material. 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. 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. 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. Property stolen or embezzled in custody of 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. § 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 |