Court in which trial order its and on his paying the necessary expenses incurred in its preservation, to be certified by the magistrate. 1410. ($ 605.) If the property stolen or embezis had may zled has not been delivered to the owner, the Court before which a trial is had for stealing or embezzling it may, on proof of his title, order it to be restored to delivery. If not claimed in to be delivered to County the owner. 1411. (§ 606.) If the property stolen or embezsix months zled is not claimed by the owner before the expiration of six months from the conviction of a person for stealTreasurer. ing or embezzling it, the magistrate or other officer having it in custody must, on the payment of the necessary expenses incurred in its preservation, deliver it to the County Treasurer, by whom it must be sold and the proceeds paid into the County Treasury. Receipt by officers for 1412. (§ 607.) When money or other property is money.etc., taken from a defendant, arrested upon a charge of a arrested for public offense, the officer taking it must at the time taken from a a public offense. Duties of persons having charge of give duplicate receipts therefor, specifying particularly the amount of money or the kind of property taken; one of which receipts he must deliver to the defendant and the other of which he must forthwith file with the Clerk of the Court to which the depositions and statement are to be sent. When such property is taken by a police officer of any incorporated city or town, he must deliver one of the receipts to the defendant, and one, with the property, at once to the Clerk or other person in charge of the police office in such city or town. 1413. The Clerk in, or person having charge of, the Police Office in any incorporated city or town, police must enter in a suitable book a description of every corporated article of property alleged to be stolen or embezzled, towns. and brought into the office or taken from the person offices in in cities or of a prisoner, and must attach a number to each article, and make a corresponding entry thereof. CHAPTER XIII. REPRIEVES, COMMUTATIONS, AND PARDONS. SECTION 1417. Power of the Governor to grant reprieves, commuta- 1418. His power in respect to convictions for treason. Duty 1419. Governor to communicate to the Legislature reprieves, 1420. Report of case, how and from whom required. 1421. Notice to District Attorney of application for pardon. 1423. When two preceding sections are not applicable. 1417. 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. NOTE.-Const., Art. V, Sec. 13. As to what constitutes a pardon, see People vs. Bowen, April Term, 1872. A pardon is an act of grace proceeding from the power intrusted with the execution of the laws, which exempts the individual on whom it is bestowed from the punishment the law inflicts for a crime he has committed.U. S. vs. Wilson, 7 Peters, p. 150. It is construed like a grant, most favorable to the grantee.-Hunt's Case, 5 Eng. (Ark.), p. 284; Wyvil's Case, 5 Co., p. 492; 2 Hawk. P. C., Sec. 13; Jones vs. Harris, 1 Strob., p. 160. It must correctly recite the offense, or it will be inoperative.-1 Wharton's Cr. Law, Sec. 765. A pardon obtained by fraud is void.-2 Hawkins P. C., p. 533, Secs. 8, 9; Rex vs. Maddox, 1 Sid., p. 430. Where the condition of the pardon is that the defendant shal leave the State, and he either does not leave, or having left returns, the original sentence revives, and may be enforced.-Flavel's Case, 8 W. & S., p. 197; State vs. Chancellor, 1 Strob., p. 347; People vs. Potter, 1 Parker C. C., p. 47; Ex Parte Wells, 18 How. U. S., p. 307. Power of nor to grant the Gover reprieves, commuta tions, and pardons. His power in respect to convictions for treason. But if the time for departure is specified in the pardon, it will not begin to run during sickness or incapacity.People vs. James, 2 Caines, p. 57. A pardon with a condition precedent does not operate until the condition is performed.-1 Wharton's Cr. Law, Sec. 766; Flavel's Case, 8 W. &. S., p. 197. 1418. He may suspend the execution of the sentence upon a conviction for treason, until the case can be reported to the Legislature, at its next meeting, Duty of the when the Legislature may either pardon or commute the sentence, direct the execution thereof, or grant a further reprieve. Legislature in such cases. Governor to communicate to the Legislature reprieves, cominutations and pardons. Report of case, how and from whom required. Notice to District application NOTE.-Const., Art. V, Sec. 13. 1419. He must communicate to the Legislature each case of reprieve, commutation, 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. NOTE.-Const., Art. V, Sec. 13. 1420. When an application is made to the Governor for a pardon, he may require the Judge of the Court before which the conviction was had, or the Dis trict Attorney by whom the 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. of 1421. At least ten days before the Governor acts Attorney of upon an application for a pardon, written notice of the for pardon. intention to apply therefor, signed by the person applying, must be served upon the District Attorney the county where the conviction was had, and proof, by affidavit, of the service must be presented to the Governor. Publication of notice. 1422. Unless dispensed with by the Governor, a copy of the notice must also be published for thirty days from the first publication, in a paper in the county in which the conviction was had. 1423. The provisions of the two preceding sec- When two tions are not applicable: 1. When there is imminent danger of the death of the person convicted or imprisoned; 2. When the term of imprisonment of the applicant is within ten days of its expiration. NOTE. This Chapter is founded upon an Act prescribing the manner of applying for pardons (Stats. 1853, p. 270). The provisions of an Act to confer further powers upon the Governor of this State, in relation to the pardon of criminals (Stats. 1864, p. 356), and of the Act amendatory thereof (Stats. 1868, p. 111), and of an Act authorizing the Board of State Prison Directors to recommend the pardoning of convicts, etc. (Stats. 1868, p. 116), are intimately connected with the subject of prison discipline, and for that reason are, with considerable modification (for reasons there given), inserted in the part of this Code relating to the State Prison. preceding sections are not applicable. TITLE XI. OF PROCEEDINGS IN JUSTICES' AND POLICE COURTS CHAPTER I. Proceedings in Justices' and Police Courts. CHAPTER I. PROCEEDINGS IN JUSTICES' AND POLICE COURTS. SECTION 1426. Proceedings must be commenced by complaint. 1429. The plea, and how put in. Proceed ings must be commenced by SECTION 1430. Issue, how tried. 1431. Change of venue, when granted 1432. Upon change of venue, papers, etc., must be transmitted. Proceedings on change of venue. 1433. Postponement of the trial. 1434. Defendant to be present. 1435. Jury trial, when to be demanded. Formation of the jury. 1436. Challenges. 1437. Oath of jurors. 1438. Trial, how conducted. 1439. Court to decide questions of law, but not to charge in respect to matters of fact. 1440. Jury may decide in Court, or retire. Oath of officer 1441. Verdict of jury, how delivered and entered. 1447. Defendant, on acquittal, to be discharged. Order that 1448. Judgment against prosecutor for costs. 1449. Judgment, when to be rendered. 1450. When defendant may move for a new trial or in arrest of judgment. 1451. New trial, grounds of. 1452. Grounds of motion in arrest of judgment. 1453. Judgment to be entered in the minutes. 1454. If judgment of acquittal or imposing a fine only, defendant to be discharged. 1455. Judgment of imprisonment, how executed. 1456. Judgment that defendant be imprisoned until he pay a fine, how executed. 1457. Fines, disposition of. 1458. Defendant may be admitted to bail. 1459. Subpoenas. 1460. Entitling affidavits. 1461. "Police Courts" defined. 1426. (§ 608.) All proceedings and actions before a Justice's or Police Court, for a public offense of complaint. which such Courts have jurisdiction, must be com menced by complaint under oath, setting forth the offense charged, with such particulars of time, place, person, and property as to enable the defendant to |