Page:1887 Compiled Laws of Dakota Territory.pdf/1233

Entitling Affidavits.

§ 7578. No public offense can be compromised, nor can any proceeding for the prosecution or punishment thereof, upon a compromise, be stayed, except as provided in sections 1575 and 7576.

§ 7579. Upon a 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.

§ 7580. The summons must be in substantially the following form:

County of.....

In the name of the territory of Dakota.

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 to the charge made against you, upon the information of AB, or the presentment of the grand jury of the county of..... ...for (designating the offense generally).

Dated at the city, or town of.........., the ..... day of ...., 18.....

GH, justice of the peace (or as the case may be).

§ 7581. 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.

§ 7582. At the time appointed in the summons, the magistrate must 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.

§ 7583. 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 same manner prescribed in section 7187.

§ 7584. 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.

§ 7585. If an indictment be found, the corporation may appear by counsel to answer the same. If they do not thus appear, a plea of not guilty must be entered, and the same proceedings had thereon, as in other cases.

§ 7586. 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.

§ 7587. It is not necesary to entitle an affidavit, or deposition in the action, whether taken before or after indictment, or