Page:Revised Codes of the State of North Dakota 1895.pdf/1510

§§ 8500-8510 § 8500. Reasons for dismissal set forth in order. The court may, either of its own motion or upon the application of the state's attorney, and in furtherance of justice, order an action, information or indictment to be dismissed; but in that case the reasons of the dismissal must be set forth in the order, which must be entered on the minutes.

§ 8501. Nolle prosequi abolished. The entry of a nolle prosequi is abolished, and the state's attorney cannot discontinue or abandon a prosecution for a public offense, except as provided in the last section.

§ 8502. Dismissal not a bar. An order for the dismissal of the action, as provided in this article, is not a bar to any other prosecution for the same offense.

CHAPTER 16.

GENERAL PROVISIONS AND DEFINITIONS APPLICABLE TO THIS CODE.

§ 8503. Rule of construction of code. The rule of common law that penal statutes are to be strictly construed, has no application to this code. This code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to promote its objects, and in furtherance of justice.

§ 8504. Code not retroactive. No part of this code is retroactive unless expressly so declared.

§ 8505. Construction of certain words. Unless when otherwise provided, words used in this code in the present tense include the future as well as the present. Words used in the masculine comprehend as well the feminine and neuter. The singular number includes the plural, and the plural the singular. And the word "person" includes a corporation as well as a natural person.

§ 8506. What writing includes. The term "writing," includes printing and typewriting,

§ 8507. What oath includes. The term "oath," includes an affirmation.

§ 8508. What signature includes. The term “signature, includes a mark when the person cannot write, his name being written near it, and the mark being witnessed by a person who writes his own name as a witness, except to an affidavit or deposition, or a paper executed before a judicial officer, in which case the attestation of the officer is sufficient.

§ 8509. To what this code applies. This code applies to criminal actions and to all other proceedings in criminal cases which are herein provided for.

§ 8510. Common law prevails when code silent. The procedure, practice and pleadings in the district courts of this state, in criminal actions or in matters of a criminal nature, not specially provided for in this cole, shall be in accordance with the procedure, practice and pleadings under the common law.

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