Page:Revised Codes of the State of North Dakota 1895.pdf/1498

§§ 8418-8423 ceedings as they appear on his docket, und in the same manner as prescribed in section 7978.

§ 8418. Certificate of probable cause. Procedure. If the magistrate returns a certificate that there is sufficient cause to believe the corporation guilty of the offense charged, the state's attorney may, at the next term of the district court, file an information therefor, as in the case of a natural person held to answer. The state's attorney of the county may, by leave of the court, file an information against a corporation in like manner charging it with the commission of a public offense, or the grand jury may return an indictment therefor, without any previous action on the part of a magistrate.

§ 8419. Appearance of corporation. Pleas. If an information is filed or an indictment returned, 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.

§ 8420. Information filed or indictment returned. Summons. When an information is filed, without a preliminary examination, or an indictment returned against a corporation, the clerk of the district court must issue a summons in its corporate name, commanding it to appear and answer the information or indictment, and such summons must be served in the manner provided for the service of a summons in the code of civil procedure.

§ 8421. Defendant's default. Plea. Fine collected. When the sheriff or other officer returns the summons with his certificate showing due service thereof, the corporation, on and after the day appointed in such summons for its appearance, must be considered in default, and the court must order the clerk to enter the plea of not guilty for said corporation in the minutes of the court, and all further proceedings shall be had in said action as if the corporation had appeared and pleaded not guilty to the information or indictment, and if upon the trial the corporation is found guilty, the court must impose a fine upon it as prescribed by law and enter judgment for the amount of such fine and the costs of said action in the same manner as on a judgment in a civil action.

ARTICLE 5.-ENTITLING AFFIDAVITS.

§ 8422. Affidavits need not be entitled. It is not necessary to entitle an affidavit or deposition in an action, whether taken before or after information or indictment 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 refers to the proceedings, information, indictment or appeal in which it is made.

ARTICLE 6.-ERRORS AND MISTAKES IN PLEADINGS OR OTHER PROCEEDINGS.

§ 8423. Informalities in pleadings not fatal. Neither a departure from the form or mode prescribed in this code in respect to any pleadings or proceeding, nor an error or mistake therein, renders it invalid, unless it has actually prejudiced the defendant or tended to his prejudice, in respect to a substantial right.

1464