§ 691. Duties of police clerks in the city of New York, etc.-The commissioners of police of the city of New York may designate some person to take charge of all property alleged to be stolen or embezzled, and which may be brought into the police office, and all property taken from the person of a prisoner, and may prescribe regulations in regard to the duties of the clerk or clerks so designated, and to require and take security for the faithful performance of the duties imposed by this section; and it shall be the duty of every officer into whose possession such property may come to deliver the same forthwith to the person so designated.

CHAPTER XIII.

REPRIEVES, COMMUTATIONS AND PARDONS.

SECTION 692. Power of governor to grant reprieves, commutations and pardons.

693. His power, in respect to convictions for treason; duty of the legislature in such cases.

694. Governor to communicate annually to legislature reprieves, commutations and pardons.

695. Report of case; how and from whom required.

696. Conditional pardon; procedure on violation of.

697. Order to show cause why pardon should not be adjudged void; trial.

698. Idem.

§ 692. Power of governor to grant reprieves, commutations and pardons. The governor has power to grant reprieves, commutations and pardons, after conviction, for all offenses, except treason and cases of impeachment, upon such conditions, and with such restrictions and limitations, as he may think proper, subject to the regulations provided in this chapter. See State Const., art. 4, § 5; 5 Alb. L. J. 17; 7 id. 210; 6 Crim. L. Mag. 457; 59 Am. Dec. 575; 10 Cr. L. Mag. 292; 13 id. 71. 76, note.

A provision in a pardon that it shall not remove disabilities is void. People v. Pease, 3 Johns. Cas. 333.

Pardon of one imprisoned for life does not restore the rights of previous marriage or guardianship. 4 R. S. (8th ed.) 2596, § 7.

The court cannot go behind a pardon, though fraudulently obtained. In re Endymoin, 8 How. Pr. 478.

In case of a breach of a conditional pardon, the recipient may be remanded, and the original sentence executed. People v. Potter, 1 Park. 47.

The governor of a state has power to pardon for contempt. State, ex rel. Van Orden, v. Sauvinet, 24 La. Ann. 119; 13 Am. Rep. 115.

The power to pardon after conviction was vested in the governor by the con. stitution of Arkansas. Held, that the exercise of the power to pardon before conviction, by the legislature, was not unconstitutional. State v. Nichols, 26 Ark. 74; 7 Am. Rep. 600.

The constitution of Massachusetts placed in the governor the power of pardoning offenses, but provided that no pardon before conviction should avail the party pleading the same. Held, that a pardon granted after verdict of guilty and before sentence was valid. Com. v. Lockwood, 109 Mass. 323; 12 Am. Rep. 699.

The governor was authorized to grant pardons "after conviction." Held, that a pardon after verdict and judgment, but pending an appeal taken by the prisoner, was valid. State v. Alexander, 76 N. C. 231; 22 Am. Rep. 675.

The governor of Virginia commuted defendant's sentence for a felony (three years in the penitentiary) to one year in jail, with the consent of the prisoner. Held, (1) that the governor had the constitutional authority to do such an act; (2) that the act was a conditional pardon and not a commutation, as it substi tated a different punishment; (3) that the prisoner could be lawfully held to the performance of the condition. Lee v. Murphy, 22 Gratt. 789; 12 Am. Rep.

563.

The governor may annex to a pardon the condition that the recipient shall refrain from the use of intoxicating liquors as a beverage during the remainder of the term of sentence; that he shall use proper exertions for the support of his mother and sister; and that he shall not during the same time be convicted of any criminal offense in the state; and may provide that for a violation of either condition the recipient shall be liable to summary arrest upon the gov ernor's warrant; and upon the breach of the first condition, may revoke the pardon and recommit the recipient. Arthur v. Craig, 48 Iowa, 264; 30 Am. Rep. 395. See 27 Alb. L. J. 241.

A pardon by the president of the United States of one convicted of embez zlement, in a federal court, restores the offender to his right as a voter in the state. Jones v. Board of Registrars, 56 Miss. 766; 31 Am. Rep. 385. See, also, 2 Am. St. Rep. 862, note.

A pardon may be granted after the offense is fully expiated. State v. Foley, 15 Nev. 64; 37 Am. Rep. 458; citing People v. Bowen, 43 Cal. 439; 13 Am. Rep. 148; U. S. v. Jones, 2 Wheeler C. C. 451.

693. His power, in respect to convictions for treason; duty of the legislature in such cases. He may also suspend the execution of the sentence, upon a conviction for treason, until the case can be reported to the legislature, at its next meeting, when the legislature must either pardon or commute the sentence, direct the execution thereof, or grant a further reprieve.

694. Governor to communicate annually to legislature, reprieves, commutations and pardons.- He must annually

communicate to the legislature, cach case of reprieve, commuta. tion or pardon; stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the commutation, pardon or reprieve.

§ 695. Report of case; how and from whom required. When application is made to the governor for a par don, commutation or reprieve, it shall be the duty of the presiding judge of the court before which the conviction was had, and the district attorney by whom the criminal action was prosecuted, or the district attorney of the county where the conviction was had, holding office at the time of such application, to supply the governor, upon his request therefor, and without delay; with a statement of the facts proved on the trial; or, if a trial was not had, the facts appearing before the grand jury which found the indictment, and of any other facts having reference to the propriety of granting or refusing such pardon, commutation or reprieve.

§ 696. Conditional pardon; procedure on violation of.— If any person who has been discharged from imprisonment, by virtue of any conditional pardon, or conditional commutation of his sentence, shall violate such condition or neglect to perform it, his pardon or commutation shall be void and he shall be remanded to the place of his former imprisonment and there confined for the unexpired term for which he had been sentenced. When complaint, upon oath, shall be made to a magistrate, that any such person, within his county, has violated or failed to perform the condition of his pardon or commutation, the magistrate shall issue a warrant as provided in chapter two, title three, part four of this act. When the defendant shall have been brought before him, the magistrate, if there is then sitting in his county, any of the courts mentioned in titles three or five of part one of this act, shall remit to it the complaint and deposition, if any, that have been taken before him. If no such court is then in session the magistrate shall proceed to examination of the defendant, in the manner prescribed in chapter seven, title three, part four of this act, and shall either discharge him or shall hold him to answer the charge against him at the next term of such court to be held in the county, and the defendant shall either give bail so to appear and answer, or shall be committed as prescribed in said chapter seven. The warrant may also be issued

by

any

of the courts mentioned in this section upon the like complaint as if application is made to a magistrate.

In effect, as amended, Jan. 1, 1896; Laws 1895, chap. 880.

$697. Order to show cause why pardon should not be adjudged void; trial. When the defendant shall be brought before the court it shall, forthwith, make an order that the defendant show cause why his pardon or commutation should not be adjudged to be void, and he should not be remanded to the place of his former imprisonment for the unexpired term of his sentence. The order shall set forth the facts which constitute the violation of or the neglect to perform the condition of the pardon or commutation. The defendant shall plead to said order in writing. If he admit the facts the court shall at once proceed to pronounce judgment. If the defendant shall deny any material fact, the issue so joined shall be tried by a jury. Upon such trial the people and the defendant shall each be allowed five peremptory challenges, and no more. Upon the return of the verdict the court shall, without delay, proceed to judgment. If judg ment is rendered against the defendant it shall adjudge that his pardon or commutation is void, and shall commit him to the place of imprisonment from which he had been discharged, upon his pardon or commutation, there to be confined for that portion of the term of his former sentence which had not expired, when he had been discharged by virtue of the pardon or commutation. Added and in effect May 3, 1894; Laws 1894, ch. 392.

$698. Idem. If an issue of fact upon a material question shall be raised by the answer of the defendant, and it shall appear that the violation of, or the failure to perform the condition took place in a county other than that in which the arrest was made, the court may, in its discretion, in furtherance of justice change the place of trial to such other county. The papers in the case shall be filed with the clerk of the county to which the place of trial was changed, with the order changing the place of trial, and a copy of such order shall be sent to the district attorney of such County, and the defendant shall be committed to the custody of the sheriff of said county, or be held to bail to appear at the next term of the court in which the subsequent proceedings shall be had. All subsequent proceedings shall be had in the supreme court or county court of the county, to which the place of trial had been changed, with the same effect as if they had originally been begun in that court.

In effect, as amended, Jan. 1, 1896; Laws 1895, chap. 880.

PART V.

OF PROCEEDINGS IN COURTS OF SPECIAL SESSIONS AND POLICE COURTS.

TITLE I. OF THE PROCEEDINGS IN COURTS OF SPECIAL SESSIONS IN

THE COUNTIES OTHER THAN NEW YORK.

II. OF THE PROCEEDINGS IN THE COURTS OF SPECIAL SES

SIONS IN THE CITY AND COUNTY OF NEW YORK.

III. OF APPEALS FROM THE COURTS OF SPECIAL SESSIONS.

TITLE I.

OF PROCEEDINGS IN COURTS OF SPECIAL SESSIONS IN THE COUNTIES OTHER THAN NEW YORK.

BECTION 699. Charge to be read to defendant, and he required to plead. 700. The plea, and how put in.

701. Issue, how tried.

702. Defendant may demand a trial by jury.

703. Jury, how summoned.

704. Summoning the jury, and returning the list.

705. Depositing ballots in box.

706. Drawing the jury.

707. Challenges.

708. Talesmen, when and how ordered and summoned

709. Punishing officer for not returning list, and issuing new order

for jury.

710. Jury, how constituted.

711. Their oath.

712. Trial, how conducted.

713. Jury may decide in court, or retire; oath of officer on their

retirement.

714. Delivering verdict, and entry thereof.

715. Discharge of jury without verdict.

716. In such case, cause to be retried.

717. Judgment on conviction.

718. Judgment of imprisonment, until fine be paid; extent of imprisonment.

719. Defendant, on acquittal, to be discharged; order that prosecn tor pay the costs.

720. Judgment against prosecutor for costs.

721, 722. Certificate of conviction; its form.