§ 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.

Id.

CHAPTER X.

ENTITLING AFFIDAVITS.

SECTION 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 withtitle 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.

out

(a) Omission of name.-An affidavit is not defective because the christian name of a party is omitted from the title. Maury v. Van Arnum, 1 Hill, 370.) (b) Title of office.-An affidavit is sufficient if the jurat is subscribed by the officer before whom it is taken, though he omit the title of his office. (Hunter v. Lacorde, 6 Cow., 728; People v. Rens. Common Pleas., 6 Wend., 543.) () Need not state that deponent appeared.-Also good though the officer do not expressly state that deponent appeared before him. (Merritt v. Guman, 2 Cow., 552.)

CHAPTER XI.

ERRORS AND MISTAKES IN PLEADINGS AND OTHER PROCEEDINGS.

SECTION 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 respect to any pleadings or proceedings, nor an error or mistake therein, renders it invalid, unless it have actually prejudice I the defendant, or tend to his prejudice in respect to a substantial right.

For authorities see 115, U. S., 222. (People v. Menken, 3 N. Y. Cr. R., 233; People Buddensieck, 4 N. Y. Cr. R., 261.) N. Y. State Rep. 436.

CHAPTER XII.

DISPOSAL OF PROPERTY STOLEN OR EMBEZZLED.

SECTION 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. When property, alleged to be stolen or embezzled, comes into custody of peace officers.-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. 3 R. S., 6th Ed., 1046, § 51. (Simpson v. St. John, 93 N. Y., 363.)

§ 686. Order for its delivery to owners.-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.

Id., § 52.

The magistrate before whom the property is brought, has authority to order the delivery thereof to the party from whom it was stolen. (Houghton v. Backman et al., 47 Barb., 3SS.)

§ 687. When it comes into custody of magistrate, he must deliver it 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.

Id., § 53; see Houghton v. Backman et al., 47 Barb., 393.

§ 688. Court in which trial is had for stealing or embezzling it, may order it to be delivered to owner.- -If property stolen or embezzled have not been delivered to the owner, the court of which a

trial is had for stealing or embezzling it may, on proof of his title, order it to be restored to the owner.

Id., § 54.

§ 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.-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.

Id., § 55.

§ 690. Receipt for money or property taken from a person arrested for a public offense.-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 forthwith file with the clerk of the court to which the depositions and statement must be sent, as provided in section two hundred and twenty-one.

§ 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 officer, 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 by 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.

SECTION 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, commutation and pardons.

SECTION 695. Report of case; how and from whom required.

§ 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.

N. Y., Const., art. IV., § 5.

(a) Effect of pardon.—Pardon of one imprisoned for life does not restore the rights of previous marriage or guardianship. (3 R. S. 7th Ed., 139, § 7.) (b) Fraudulently obtained pardon.-The court cannot go behind a pardon which appears regular on its face. (In re Endymoin, 8 How., 478.)

(c) Conditional pardon and breach thereof.-In case of breach of the conditions the pardon becomes void and the criminal may be remanded, on his original sentence. (People v. Potter, 1 Park., 47.)

§ 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, reprieves, commuations and pardons.-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. (Amended 1884.) Statement of case on application for pardon.-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 had, 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.

PART V.

OF PROCEEDINGS IN COURTS OF SPECIAL SESSIONS AND
POLICE COURTS.

TITLE I. OF THE PROCEEDINGS IN COURTS OF SPECIAL SESSIONS IN THE COUNTIES OTHER THAN NEW YORK. II. OF THE PROCEEDINGS IN THE COURTS OF SPECIAL SESSIONS IN THE CITY AND COUNTY OF NEW YORK. III. OF APPEALS FROM THE COURTS OF SPECIAL SESSIONS.

TITLE I.

OF PROCEEDINGS IN COURTS OF SPECIAL SESSIONS IN THE COUNTIES OTHER THAN NEW YORK.

SECTION 699. Charge to be read to defendant, and he required to plead.

700. The plea, and how put in.

701. Issue, how tried.

702. Defendant may demand a trial by jury.

703. Jury, how summoned.

704. Summoning the jury, and returning the list.

705. Depositing ballots in box.

706. Drawing the jury.

707. Challenges.

708. Talesmen, when and how ordered and summoned.

709. Punishing officer for not returning list, and issuing new order

for jury.

710. Jury, how constituted.

711. Their oath.

712. Trial, how conducted.

713. Jury may decide in court, or retire; oath of officer on their re

tirement.

714. Delivering verdict, and entry thereof.

715. Discharge of jury without verdict.

716. In such case, cause to be retried.

717. Judgment on conviction.

718. Judgment of imprisonment, until fine be paid; extent of imprisonment.

719. Defendant, on acquittal, to be discharged; order that prosecutor pay the costs.

720. Judgment against prosecutor for costs.

721. 722. Certificate of conviction; its form.

723. Certificate, when filed.

724. Certificate, conclusive evidence.

725. Judgment, by whom executed.

726. Fine, by whom received before commitment, and how applied.

727. Fine, to whom paid after commitment, and how applied.

728. Proceedings against magistrate or sheriff, on neglect to pay fine

into county treasury.

729. Subpoenas for witnesses, and punishing them for disobedience.