Page:Revised Codes of the State of North Dakota 1895.pdf/1497

Miscellaneous Provisions. satisfaction for the injury, the court may in its discretion, on payment of the costs incurred. order all proceedings to be stayed upon the prosecution and the defendant to be discharged therefrom; but in such cases the reasons for the order must be set forth therein and entered on the minutes.

§ 8411. Order to stay is a bar. The order authorized by the last section is a bar to another prosecution for same offense.

§ 8412. Compromise limited. 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 S409 and 8410.

Article 4. — CORPORATIONS, CRIMINAL ACTIONS AGAINST.

§ 8413, Magistrate. Summons, requirements of. Whenever a presentment by a grand jury or a complaint in writing is laid before a magistrate charging a corporation within his jurisdiction, of a public offense within its ability to commit, the magistrate must file the same and thereupon issue a summons signed by him, with his name of office, requiring such corporation to appear before him to answer the charge at a specified place and time, not less than ten days after the issuance of the summons.

§ 8414. Form of summons. The summons must be in substantially the following form:

State of North Dakota,

County of.....

In the name of the state of North 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 to the charge made against you, upon the complaint of A. B., 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....

Justice of the Peace,

(or as the case may be.)

§ 8415. Summons, manner of service. 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.

§ 8416. Charge investigated. Manner of. 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.

§ 8417. Certificate of magistrate. Procedure. After hearing the proofs, the magistrate must certify upon the presentment or the complaint either that there is, or is not, sufficient cause to believe the corporation guilty of the offense charged, and must return the complaint and certificate and the depositions of witnesses, if any have been taken, and exhibits together with a certified copy of the pro- 1463