ises. Such suspension may be for as long a period as the circumstances of the case may seem to warrant, and subject to the following further provisions: During the period of such suspension, or of any extension thereof, the court or judge may, under such limitations as may seem advisable, commit such minor to the custody of the officers or managers of any strictly non-sectarian charitable corporation conducted for the purpose of reclaiming criminal minors. Such corporation, by its officers or managers, may accept the custody of such minor for a period of two months (to be further extended by the court or judge should it be deemed advisable), and should said minor be found incorrigible and incapable of reformation, he may be returned before the court for final judgment for his offense. Such charitable corporation must accept the custody of said minor as aforesaid, upon the distinct agreement that it and its officers will use all reasonable means to effect the reformation of such minor, and provide him with a home and instruction. No application for guardianship of such minor by any person, parent, or friend can be entertained by any court during the period of such suspension and custody, save upon recommendation of the court before which the criminal proceedings are pending. Such court may further, in its discretion, direct the payment of the expenses of the maintenance of such minor during such period of two months, not to exceed, in the aggregate, the sum of twenty-five dollars, which sum includes board, clothing, transportation, and all other expenses, to be paid by the county where such criminal proceeding is pending, or direct action to be instituted for the recovery thereof out of the estate of such minor, or from his parents. Such court may also revoke such order of suspension at any time. [Amendment approved 1905; Stats. 1905, p. 704.] 1 Probationary treatment: See ante, §§ 1203, 1215. Legislation § 1388. 1. Added by Stats. 1883, p. 377. 2. Amendment by Stats. 1901, p. 497; unconstitutional. § 5, ante. See note, 3. Amended by Stats. 1905, p. 704, in first sentence, (a) adding "of a minor" after "or prosecution," and (b) omitting "a" before "reasonable ground"; (2) in sentence beginning "Such corporation," changing "misdemeanor" to "offense," at end of sentence; (3) in sentence beginning "Such charitable," changing (a) "shall accept custody" to "must accept the custody," and (b) "officers shall use" to "officers will use"; (4) in sentence beginning "No application," (a) changing "or friend shall" to "or friend can," and (b) omitting "first obtained" from end of sentence; (5) in sentence beginning "Such court may," changing (a) "the sum of $25 (twenty-five dollars), which sum shall include," to "the sum of twenty-five dollars, which sum includes," and (b) “said minor" to "such minor." § 1389. Prohibiting visits of minors in employ of corporations or persons to houses of questionable repute. [Repealed 1905; Stats. 1905, p. 761.] Legislation § 1389. 1. Added by Stats. 1887, p. 119. 2. Repeal by Stats. 1901, p. 498; unconstitutional. See note, § 5, ante. 3. Repealed by Stats. 1905, p. 761; the code commissioner saying, "The matter in § 1389, which has incorrectly stood in a chapter entitled 'Dismissal of the Action,' is put into a new section designated as 273e, and is put in its proper chapter, with the other sections relative to children, and § 1389 accordingly repealed" CHAPTER IX. Proceedings Against Corporations. § 1390. Summons upon information, etc., against; by whom issued and when returnable. § 1394. § 1395. § 1396. Examination of the charge. Certificate of the magistrate, and return thereof with the Grand jury to investigate if magistrate certifies there is suf- § 1397. Fine on conviction, how collected. § 1390. Summons upon information, etc., against; by whom issued and when returnable. Upon an information or presentment 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. Legislation § 1390. 1. Enacted February 14, 1872. (N. Y. Code Crim. Proc., § 675.) 2. Amendment by Stats. 1901, p. 498; unconstitutional. See note, § 5, ante. § 1391. Form of summons. stantially in the following form: The summons must be sub County of (as the case may be). The People of the State of California 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. (or the presentment of the grand jury of the county, as the case may be), for (designating the offense generally). Dated at the city (or township) of -, eighteen [nineteen] - G. H., Justice of the Peace (or as the case may be.) Summons, issuance and form of: See post, § 1427. Legislation § 1391. 1. Enacted February 14, 1872. (N. Y. Code Crim. Proc., § 676.) 2. Amendment by Stats. 1901, p. 498; unconstitutional. § 5, ante. See note, § 1392. 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. Time and manner of service of summons: See post, § 1427. Legislation § 1392. Enacted February 14, 1872. (N. Y. Code Crim. Proc., § 677.) § 1393. Examination of the charge. At the appointed. time in the summons, the magistrate must proceed to investigate the charge in the same manner as in the case of a natural person, so far as these proceedings are applicable. Legislation § 1393. Enacted February 14, 1872. (N. Y. Code Crim. Proc., § 678.) § 1394. Certificate of the magistrate, and return thereof with the depositions. 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 deposition and certificate, as prescribed in section eight hundred and eighty-three. Legislation § 1394. Enacted February 14, 1872. (N. Y. Code Crim. Proc., § 679.) § 1395. Grand jury to investigate if magistrate certifies there is sufficient cause. If the magistrate returns a certificate that there is sufficient cause to believe the corporation guilty of the offense charged, the grand jury may proceed, or the district attorney file an information thereon, as in case of a natural person held to answer. [Amendment approved 1880; Code Amdts. 1880, p. 29.] Legislation § 1395. 1. Enacted February 14, 1872. (N. Y. Code Crim. Proc., § 680.) 2. Amended by Code Amdts. 1880, p. 29, inserting "or the district attorney file an information," after "the grand jury may proceed." § 1396. Appearance and plea. If an indictment is found, or information filed, the corporation may appear by counsel to answer the same. If it does not thus appear, a plea of not guilty must be entered, and the same proceedings had thereon as in other cases. [Amendment approved 1880; Code Amdts. 1880, p. 29.] Plea by corporation: See ante, § 1018. Proceedings if corporation does not appear: See post, § 1427. Legislation § 1396. 1. Enacted February 14, 1872. (N. Y. Code Crim. Proc., § 681.) 2. Amended by Code Amdts. 1880, p. 29, inserting "or information filed" after "If an indictment is found." § 1397. 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 its real and personal property, in the same manner as upon an execution in a civil action. Legislation § 1397. Enacted February 14, 1872. (N. Y. Code Crim. Proc., § 682.) CHAPTER X. Entitling Affidavits. § 1401. Affidavits defectively entitled, valid. § 1401. Affidavits defectively entitled, valid. It is not necessary to entitle an affidavit or deposition in the action, whether taken before or after indictment or information, 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, information, or appeal in which it is made. [Amendment approved 1880; Code Amdts. 1880, p. 30.] Erroneous title or want of title, effect of: See post, §§ 1460, 1563. Legislation § 1401. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 683); in substance the same as Crim. Prae. Act, Stats. 1851, p. 279, § 600. 2. Amended by Code Amdts. 1880, p. 30, (1) inserting "or infor mation" after "indictment" in first instance, and (2) "information" after "indictment" in second instance. CHAPTER XI. Errors and Mistakes in Pleadings and Other Proceedings. § 1404. When not material. § 1404. When not material. Neither a departure from the form or mode prescribed by this code in respect to any pleading or proceeding, nor an error or mistake therein. renders it invalid, unless it has actually prejudiced the de fendant. or tended to his prejudice, in respect to a substantial right. Errors not affecting substantial rights: See ante, §§ 960, 1258. Legislation § 1404. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 684); in substance the same as Crim. Prac. Act, Stats. 1851, p. 279, § 601. CHAPTER XII. Disposal of Property Stolen or Embezzled. § 1407. When it comes into the custody of the peace-officer, he must hold it subject to the order of magistrate. § 1408. Order for its delivery to owner. § 1409. § 1410. § 1411. § 1412. When it comes into the custody of the magistrate, he must deliver it to owner. Court in which trial is had may order its delivery. If not claimed in six months to be delivered to county treas urer. Receipt by officers for money, etc., taken from a person arrested for a public offense. § 1413. Duties of persons having charge of police-offices in incorporated cities or towns. § 1407. When it comes into the custody of the peaceofficer, he must hold it subject to the order of magistrate. 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. Legislation § 1407. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 685); in substance the same as Crim. Prac. Act, Stats. 1851,p. 279, § 602. § 1408. Order for its delivery to owner. On satisfactory proof of the ownership of the property the magistrate before whom the information is laid, or who examines the charge against the person accused of stealing or embezzling it, must order it to be delivered to the owner, on his paying the necessary expenses incurred in its preservation, to be certified by the magistrate. The order entitles the owner to demand and receive the property. Stolen or embezzled property, how disposed of: See post, § 1536. Legislation § 1408. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 686); in substance the same as Crim. Prae. Act, Stats. 1851, p. 279, § 603. § 1409. When it comes into the custody of the magistrate, he must deliver it to owner. If property stolen or embezzled comes into custody of the magistrate, it must 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. |