ment will not consider the thing done punishable; hence it operates in favor of all persons involved in it, whether intended and specified or not. See very excellent article discussing these powers in 6 Crim. L. Mag. 457. See also a valuable note on the exercise of the pardoning power in State v. McIntyre, 59 Am. Dec. 575-581. Power to pardon. As to power of the president to grant pardons, see U. S. Const. art. 2, § 2. The pardoning power, whether exercised under the federal or state constitution, is the same in its nature and effect as that exercised by the representatives of the English crown in this country in colonial times: People v. Bowen, 43 Cal. 439; United States v. Wilson, 7 Pet. 159; Ex parte Wells, 18 How. 307. The pardon may be granted after the offender has suffered the punishment adjudged for his crime: People v. Bowen, 43 Cal. 439; United States v. Jones, 2 Wheel. C. C. 451. The pardoning power has no limitations except those found in the constitution and statutes, and may be excrcised at any time unless otherwise provided: Ex parte Garland, 4 Wall. 380. It would seem in this state that a pardon cannot be granted before conviction, from the fact that the statute expressly provides that the power to pardon is to be exercised after conviction. Conditional pardons. Conditions Oct. 19, 1864, may be annexed to pardons: United $333. States v. Wilson, 7 Pet. 161; Arthur v. Craig, 48 Iowa, 264; S. C., 30 Am. Rep. 395. Where the condition of the pardon is that the defendant shall leave the state, and he either does not leave, or having left, returns, the original sentence revives, and may be enforced: See Ex parte Marks, 64 Cal. 29; Flavel's Case, 8 Watts & S. 197; State v. Chancellor, 1 Strob. 347; People v. Potter, 1 Park. Cr. 47; Ex parte Wells, 18 How. 307. But if the time for departure is specified in the pardon, it will not begin to run during sickness or incapacity: People v. James, 2 Caines, 57. A pardon with a condition precedent does not operate until the condition is performed: Flavel's Case, 8 Watts & S. 197. Effect of pardon. — A pardon is to be construed favorably to the convict; it not only relieves from punishment, but clears the pardoned from the guilt of the offense: Ex parte Hunt, 10 Ark. 284. It removes from the offender the disability to testify where such disability follows conviction of a felony: People v. Bowen, 43 Cal. 439. In Darrah v. Bird, 3 Or. 229, it is held that a pardon does not restore a person convicted of felony to the rights of an elector; but in Wood v. Fitzgerald, 3 Or. 568, this decision is in effect overruled. Laws of 1882, fine paid. § 1538. The governor of the state of Oregon may par- Oct. 26, 1882, § L. don any person who may have been or shall be convicted p. 43. in the state of having been arrested with a dangerous Pardon after weapon and having assaulted another with such weapon; provided, the judgment of the court was or shall be that the person so convicted pay a fine, and such fine has been or shall be paid. § 1539. The effect of the pardon mentioned in the 1a., § 2. last section shall be to restore the person so convicted to Effect of such all the political rights, privileges, and immunities enjoyed by him before such conviction, pardon. § 334. § 1540. [334.] The governor may also suspend the oct. 19, 1864, execution of the sentence, upon a conviction for treason, until the case can be reported to the legislative assembly relation to at its next meeting, when the assembly must either par- treason. Power in conviction for Oct. 19, 1864, 334. Duty of legislature in such cases. Id., § 335. Governor to communicate pardons, etc., to the legislature. Id., § 336. Before grant ing pardon, governor to have report of case from judge or dis don or commute the sentence, direct the execution thereof, or grant a further reprieve. § 1541. [335.] The governor must communicate to the legislative assembly at its next meeting thereafter each case of reprieve, commutation, or pardon, with the reasons for granting the same, 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; and also the like statement of particulars in relation to each case of remission of a penalty or forfeiture, with the amount remitted. § 1542. [336.] When application is made to the governor for a pardon, before granting the same he must require the judge of the court in which the conviction was had, or the district attorney by whom the trict attorney. action was prosecuted, to furnish him without delay with a statement of the facts proved on the trial, and of any other facts having reference to the propriety of granting or refusing the pardon; and this section also applies to an application for the remission of a fine or forfeiture. Id., § 337. Penalty, if district attorney do not make report. Id., § 338. Notice to the district attorney of applica § 1543. [337.] If any district attorney shall willfully neglect, when required, to furnish the governor the statement of facts as provided in the last section, the governor may remove such attorney from office, and appoint some suitable person to fill the vacancy until the next general election. § 1544. [338.] At least twenty days before the appli cation for a pardon or emission is made to the govertion for pardon. nor, written notice of the intention to apply therefor, signed by the person applying, and stating briefly the grounds of the application, must be served upon the district attorney of the county where the conviction was had, and proof by affidavit of the service must be presented to the governor. Id., § 339. Governor must file papers § 1545. [339.] When the governor grants a reprieve, commutation, or pardon, or remits a fine or forfeiture, don with secre- he must, within ten days thereafter, file all the papers relating to par tary of state. 339. presented to him in relation thereto, in the office of the Oct. 19, 1864, secretary of state, by whom they must be kept as public records, open to public inspection. CHAPTER XXXIV. OF THE INFORMATION, AND BY WHOM TAKEN. § 1546. Information defined. § 1548. Who are magistrates. $840. § 1546. [340.] An information is the allegation or Oct. 19, 1864, statement made before a magistrate, and verified by the Information oath of the party making it, that a person has been defined. guilty of some designated crime. $341. § 1547. [341.] A magistrate is an officer having power Oct. 19, 1864, to issue a warrant for the arrest of a person charged with the commission of a crime. § 1548. The following persons are magistrates: 1. The justices of the supreme court; 2. The judges of the circuit court; 3. The county judges and justices of the peace; 4. All municipal officers authorized to exercise the powers and perform the duties of a justice of the peace. CHAPTER XXXV. OF THE WARRANT OF ARREST. § 1549. Examination of informant and his witnesses. § 1550. When warrant of arrest to issue. § 1551. § 1552. Definition and form of warrant. Warrant to contain name or description of defendant and statement § 1553. Jurisdiction of magistrate to issue warrant. § 1554. Warrant, when issued by justices of supreme court to whom directed. § 1555. When issued by any other magistrate to whom directed. § 1556. Indorsement on warrant for service in another county. § 1557. Form of indorsement and evidence therefor. § 1559. When defendant to be taken before magistrate who issued warrant. § 1560. When defendant must be taken before inagistrate of county where arrested. § 1561. Proceeding on giving bail in another county. Magistrate defined. Feb. 8, 1889, § 1. Magistrates, who are. Oct. 19, 1864, 343. Examination of informant and his witnesses. Oct. 19, 1864, $ 344. Warrant of § 1562. If defendant do not give bail, to be taken before magistrate of county where warrant issued. § 1563. Proceeding when magistrate who issued warrant is absent or unable to act. § 1564. Statement and depositions to be sent to magistrate who makes the examination. § 1565. Defendant must in all cases be taken before a magistrate without delay. § 1549. [343.] When complaint is made to a magistrate of the commission of a crime, he must examine the informant on oath, and reduce his statement to writing, and cause the same to be subscribed by him, and also take the depositions of any witnesses that the informant may produce in support thereof. Deposition within the meaning of this section. The ordinary meaning given to the word "deposition" is evidence given by a witness by question and answer, written down by an official person. The universal practice under the above section is, however, to require no more of the informant or prosecutor than an affidavit or verified complaint charging the commission of the offense, and that the accused is guilty. It seems that the affidavit will be sufficient if it charge in positive terms, as within the knowledge of the deponent, the commission of the offense, and proceed upon information only as to the per son guilty of perpetrating the offense: § 1550. [344.] Thereupon, if the magistrate be satisfied that the crime complained of has been committed, arrest, when to and that there is probable cause to believe that the person charged has committed it, he must issue a warrant of arrest. issue. Oct. 19, 1864, $ 345. Warrant, form and definition of. § 1551. [345.] A warrant of arrest is an order in writing, in the name of the state of Oregon, signed by a magistrate with his name of office, commanding the arrest of the defendant, and may be substantially in the following form: "COUNTY OF "IN THE NAME OF THE STATE OF OREGON. "To any sheriff or constable of the county of greeting: "Information upon oath having been this day laid before me, that the crime of (designating it) has been committed, and accusing C D thereof; $345. "You are, therefor hereby commanded forthwith to Oct. 19, 1864, arrest the above-named C D, and bring him before me Warrant, at (naming the place), or in case of my absence or in- form and ability to act, before the nearest or most accessible magistrate in this county. definition of. § 346. Warrant to "E F, Justice of the Peace" (or as the case may be). § 1552. [346.] The warrant must specify the name of Oct. 19, 1864, the defendant, or if it be unknown to the magistrate, the defendant may be designated by a fictitious name, with a statement therein that his true name is unknown, and it must also state a crime in respect to which the of crime. magistrate has authority to issue the warrant. contain name and statement or description of defendant Ø 347. Jurisdiction of issue warrant. § 1553. [347.] A justice of the supreme court has Oct. 19, 1864, authority to issue a warrant of arrest for a crime committed or triable within any county in his judicial magistrate to district, and any other magistrate mentioned in section 1548 [342], has authority to issue such warrant for a crime committed or triable within his county. $348. Warrant when § 1554. [348.] If the warrant be issued by a justice Oct, 19, 1864, of the supreme court, it may be directed generally to any sheriff or constable in the state, and may be exe- issued by a cuted by any of these officers to whom it may be deliv- supreme court, ered. justice of the to whom § 349. When issued by any other magistrates, to whom directed. § 1555. [349.] If the warrant be issued by any other Oct. 19, 1864, magistrate than a justice of the supreme court, it must be directed to any sheriff or constable of the county in which it is issued, and may be executed in such county wheted. by any of those officers to whom it may be delivered. § 1556. [350.] The warrant issued as provided in the 19, 1864, last section may be executed by the officer to whom it is delivered, in any other county in the state, upon being service in indorsed by a magistrate of such other county. $ 350. Indorsement on warrant for another § 1557. [351.] The indorsement may be to the fol- oct. 19, 1864, lowing effect: § 351. Form of indorsement and evidence "This warrant may be executed in the county of sign it with his name of office, and date it where it is |