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Plea of guilty, how put in,
$ 335. A plea of guilty can only be put in by the defendant himself in open court, except upon an indictment against a corporation, in which case it may be put in by counsel.
Summons upon an information or presentment against a corporation, by
whom issued, and when returnable. $ 675. Upon an information 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.
(3 R. S. 1046, $$ 56, 57, 58.) Form of the summons.
$ 676. The summons must be in substantially the following form: “County of Albany, (or as the case may be.] “In the name of the people of the State of New York:
“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., for [designating the offense, generally). “Dated at the city, (or 'town,'] of the
, 18 “G. H., Justice of the Peace."
[Or as the case may be.] When and how served.
$ 677. The summons must be served at least five days before the day of appearance fixed therein, by delivering & copy thereof and showing the original to the president, or other head of the corporation, or to the secretary, cashier or managing agent thereof.
Examination of the charge.
$ 678. At the time appointed in the summons, the magistrate must proceed to 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.
Certificate of the magistrate, and return thereof with depositions.
$ 679. 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 manner prescribed in section 221.
Grand jury may proceed as in the case of a natural person.
$ 680. 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.
Appearance, and plea to indictment, and proceedings thereon.
$ 681. If an indictment be found against a corporation, it may appear by counsel, to answer the same. If it do not thus appear, a plea of not guilty must be entered, and the same proceedings had thereon as in other cases.
Fine, on conviction, how collected,
$ 682. 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 in a civil action.
THE PENAL CODE OF THE
OF NEW YORK.
PORTIONS THEREOF APPLICABLE AND RELATING TO RAILROAD
CORPORATIONS. Compelling employee to agree not to join any labor organization a nis
demeanor. SECTION 1714. Any person or persons, employer or employers of labor, and any person or persons of any corporation or corporations on behalf of such corporation or coporations, who shall hereafter coerce or compel any person or persons, employee or employees, laborer or mechanic, to enter into an agreement, either written or verbal from such person, persons, employee, laborer or mechanic, not to join or become a member of any labor organization, as a condition of such person or persons securing employment, or continuing in the employment of any such person or persons, employer or employers, corporation or corporations, shall be deemed guilty of a misdemeanor. The penalty for such misdemeanor shall be imprisonment in a penal institution for not more than six months, or by a fine of not more than two hundred dollars, or by both such fine and imprisonment. (Chap. 688, Laws of 1887.) Use of force or violence declared not unlawful in certain cases, etc.
Subdivision 5, section 223.
5. When committed by a carrier of passengers, or the authorized agents or servants of such carrier, or by any person assisting them, at their request, in expelling from a carriage, railway car, vessel or other vehicle, a passenger who refuses to obey a lawful and reasonable regulation prescribed for the conduct of passengers, if such vehicle has first been stopped and the force or violence used is not more than sufficient to expel the offending passenger, with a reasonable regard to his personal safety.
Advising or inducing employees not to wear uniform a misdemeanor,
$425. A person who,
1. Advises or induces any one, being an officer, agent or employee of a railway company, to leave the service of such company, because
it requires a uniform to be worn by such officer, agent.or employee, or to refuse to wear such uniform, or any part thereof; or,
2. Uses any inducement with a person employed by a railway company to go into the service or employment of any other railway company, because a uniform is required to be worn; or,
3. Wears the uniform designated by a railway company without authority; Is guilty of a misdemeanor.
(2 R. 9., 634, $ 40; 2 R. 8., 560, S 143; Laws of 1867, chap. 483, $ 1.) Arson in second degree.
$ 487. A person who,
4. Willfully burns, or sets on fire, in the night-time, a car, vessel or other vehicle, or a structure or building, ordinarily occupied at night by a human being, although no person is within it at the time.
Arson in third degree.
$ 488. A person who willfully burns, or sets on fire, either,
1. A vessel, car, or other vehicle, or a building, structure or other erection, which is at the time insured against loss or damage by fire, with intent to prejudice the insurer thereof; or,
2. A vessel, car or other vehicle, or a building, structure or other erection under circumstances not amounting to arson in the first or second degree. Burglary in third degree.
$ 498. A person who either,
1. With intent to commit a crime therein, breaks and enters a building, or room, or any part of a building; or,
2. Being in any building, commits a crime therein and breaks out of the same;
Is guilty of burglary in the third degree.
(R. S. 941, $$ 18, 19.) Unlawfully entering building.
$ 505. A person who, under circumstances or in a manner not amounting to a burglary, enters a building, or any part thereof, with intent to commit a felony or a larceny, or any malicious mischief, is guilty of a misdemeanor. “Building," defined.
$ 504. The term “building,” as used in this chapter, includes a railway car, vessel, booth, tent, shop or other erection or inclosure.
Riding on freight or wood trains ; getting on car or train while in motion;
obstructing, etc., horse or street railroad cars; punishment. $426. Riding on freight trains,
1. A person who rides on any engine or any freight or wood car of any railway company, without authority or permission of the proper officers of the company or of the person in charge of said car or engine; or,
2. Who gets on any car or train while in motion (for the purpose of obtaining transportation thereon as a passenger) or,
3. Who willfully obstructs, hinders or delays the passage of any car lawfully running upon any steam or horse or street railway;
Is guilty of a misdemeanor. (As amended by chap. 458, Laws of 1890.) (Laws of 1871, chap. 261; Laws of 1879, chap. 474; Laws of 1880, chap. 870.)
Penalty for attempting to forward any explosive by railroad without
revealing true nature thereof. $ 389. A person who makes or keeps gunpowder, nitro-glycerine, or any other explosive or combustible material, within a city or village, or carries such materials through the streets thereof, in a quantity or manner prohibited by law or by ordinance of the city or village is guilty of a misdemeanor. And a person who, by the careless, negligent or unauthorized use or management of gunpowder or other explosive substance, injures, or occasions the injury of, the person or property of another, is punishable by imprisonment for not more than two years. Any person or persons who shall knowingly present, attempt to present, or cause to be presented or offered for shipment, to any railroad, steamboat, steamship, express or other company engaged as common carriers of passengers or freight, dynamite, nitroglycerine, powder or other explosives dangerous to life or limb, without revealing the true nature of said explosive, or substance so offered or attempted to be offered to the company or carrier to which it shall be presented shall be guilty of a felony, and upon conviction shall be fined in any sum not exceeding one thousand dollars and not less than three hundred dollars or imprisonment in a state prison for not less than one nor more than five years or be subject to both such fine and imprisonment. (As amended by chap. 689, Laws of 1887.)
Endangering life by maliciously placing explosive near building, car,
etc. $ 645. A person who places in, upon, under, against or near to, any building, car, vessel or structure, gunpowder or any other explosive substance, with intent to destroy, throw down or injure the whole or