gerous to the public peace or safety.-If the commission find the defendant insane, the trial of 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. For the extent and limitation of the power of such commission, see ante, § 658, notes. § 660. If defendant committed, bail exonerated or deposit of money refunded. 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 of defendant in asylum, and proceedings on his becoming sane. If the defendant be received into the asylum, he must be detained there until he becomes sane. When he becomes sane, the superintendent must give a written notice of that fact to a judge of the supreme court of the district 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. 2 R. S. 6th Ed. 847, § 31. § 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. 2 R. S. 6th Ed. 848, § 32. CHAPTER VI. COMPROMISING CERTAIN CRIMES, BY LEAVE OF THE COURT. SECTION 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 thereon. 666. No public offense to be compromised, except as provided in this § 663. (Amended 1884.) Certain crimes for which the party injured has a civil action, may be compromised.—When a defendant 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 a civil action, the crime may be compromised, as provided in the next section, except when it was committed, 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. 3 R. S. 6th Ed. 1024, §§ 70. 73. $664. (Amended 1884.) Compromise to be by permission of the court; order thereon.-If the party injured appear before the magistrate, or before the court to which the deposition and state, ments are required, by section two hundred and twenty-one, to be returned at any time before trial or commitment 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 payment of the costs and expenses incurred, if such magistrate or court shall see fit so to direct, order all proceedings 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. Id. A misdemeanor cannot be compounded by the parties unless by consent of the court or with the approbation of the district attorney. (Gilmore's case, 2 C. H. Rec., 29.) (a) After conviction.-An assault and battery cannot be compromised after conviction.-(People v. Bishop, 5 Wend., 111.) $665. Order a bar to another prosecution.-The order authorized by the last section is a bar to another prosecution for the same offense. Id.. § 72. § 666. No public offense to be compromised, except as provided in this chapter. No crime can be compromised, nor can any proceeding for the prosecution or punishment thereof upon a compromise be staid, except as provided in sections six hundred and sixty-three and six hundred and sixty-four. (See Penal Code, § 125 et seq.) CHAPTER II. DISMISSAL OF THE ACTION BEFORE OR AFTER INDICTMENT, OR WANT OF PROSECUTION OR OTHERWISE. SECTION 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 term thereafter. SECTION 663. Court may order action to be continued, and in the meantime 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 deposit of money refunded. 671. Court may order indictment to be dismissed. 672. Nolle prosequi abolished; no indictment to be dismissed or abandoned, except according to this chapter. 673. Dismissal, a bar, in misdemeanor, but not in felony. § 667. Dismissal, when a person held to answer is not indicted at the next term thereafter.-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. 3 R. S. 6th Ed. 1046, § 59. § 668. When a person indicted is not brought to trial at the next term thereafter.-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. 3 R. S. 6th Ed. 1031, §§ 34, 35. § 669. Court may order action to be continued, and in the mean. time discharge defendant from custody, on his own undertaking, or on bail. 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. Id., § 36. § 670. If action dismissed, defendant to be discharged from custody, or his bail exonerated, or deposit of money refunded.-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 'ustice order an action, after indictment, to be dismissed. (a) When does not apply.-This section does not apply to offenses, or indictments found before this code went into effect. (People v. Beckwith, 2 N. Y. Cr. R., 31. § 672. Nolle prosequi abolished; no indictment to be dismissed or abandoned except according to this chapter.-The entry of a nolle prosequi is abolished; and neither the attorney-general, nor the district attorney, can discontinue or abandon a pros ecution for a crime, except as provided in the last section. 3 R. S. 6th 3d, 1022, § 56. § 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. SECTION 674. Punishment, upon conviction of a master of a vessel from a foreign country. $ 674. Punishment upon conviction of a master of a vessel from a foreign country. 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. 3 R. S., 6th Ed., 978, §§ 67, 68; Laws 1833, ch. 230, §§ 1, 2. CHAPTER IX. PROCEEDINGS AGAINST CORPORATIONS. SECTION 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 indictment, and proceedings thereon. 682. Fine, on conviction, how collected. $675. Summons upon an information or presentment against a corporation, by whom issued, and when returnable.-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. 3 R. S., 6th Ed., 1046, §§ 56, 57, 58. § 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 [designat ing the offense, generally.] 18 66 Dated at the city, [or town,'] of the day of 99 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. Id. § 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, as far as those proceedings are applicable. Id. § 679. Certificate of the magistrate, and return thereof with the deposition. 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 two hundred and twenty-one. Id. § 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. Id. § 681. Appearance, and plea to indictment, and proceedings thereon. 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. Id. |