Page:United States Statutes at Large Volume 76A.djvu/641

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–545–

-545§ 4904. Delivery by trial court If the property stolen or embezzled has not been delivered to the owner, the court before which a trial is had for stealing or embezzling it, may, if the time for appeal has expired and no appeal has been taken, on proof of his title, order it to be restored to the owner. § 4905. Unclaimed property If the property stolen or embezzled is not claimed by the owner before the expiration of six months from the conviction of a person for stealing or embezzling it, the court shall order it sold on such terms and under such conditions as the court directs. The officer making the sale shall return the proceeds into court, whereupon the court shall order the balance of the proceeds, after deducting therefrom the expenses incurred in the preservation and sale of the property, to be delivered to the Canal Zone Government to be covered into the Treasury of the United States as miscellaneous receipts. § 4906. Money or property taken from arrested person When money or other property is taken from a defendant, arrested upon a charge of a public oflfense, the officer taking it shall at the time give duplicate receipts therefor, specifying particularly the amount of money or the kind of property taken. The officer shall deliver one of the receipts to the defendant and forthwith file the other, together with the money or property, with the desk officer of the police station. § 4907. Police department entries The clerk or person having charge at the police department shall enter in a suitable book a description of every article of property alleged to be stolen or embezzled and brought into the office or taken from the person of a prisoner, and shall attach a number to each article, and make a corresponding entry thereof.

CHAPTER 235—CORPORATIONS AS DEFENDANTS Sec.

4941. 4942. 4943. 4944.

Summons on complaint against corporation; service. Preliminary examination, information, and subsequent proceedings. Actions triable in magistrate's court. Collection of fine.

§ 4941. Summons on complaint against corporation; service (a) Upon the filing of a complaint against a corporation in a criminal action triable in the district court or a magistrate's court, a summons shall be issued as provided by Rule 4 of the Federal Rules of Criminal Procedure and section 3702 of this title, summoning the corporation to appear before the magistrate to answer the charge at a stated time and place. The time may not be less than 10 days after the issuance of the summons. (b) The summons to the corporation shall be served as provided by Rule 4(c)(1), (2), and (3) and Rule 9(c)(1) of the Federal Rules of Criminal Procedure and return thereof shall be made as provided by Rule 4(c)(4). The service shall be made at least five days before the date of appearance stated in the summons. § 4942. Preliminary examination, information, and subsequent proceedings If the action is triable in the district court, the magistrate before whom the corporation is summoned to appear shall hold a preliminary examination as in the case of a natural person and certify either that there is or is not sufficient cause to believe the corporation guilty of the offense charged. In either case, the United States attorney may conduct an investigation and present an information to the district court and thereafter the same proceedings shall be had as in the case of a natural person.