PRISON LAWS OF CALIFORNIA.

C. PARDONS.

in governor.

TION 1. The governor shall have the power to grant re, pardons, and commutations of sentence after conviction. offenses except treason and cases of impeachment, upon onditions, and with such restrictions and limitations, as he ink proper, subject to such regulations as may be proby law relative to the manner of applying for pardons. conviction for treason, the governor shall have power to 1 the execution of the sentence until the case shall be d to the legislature at its next meeting, when the legislaall either pardon, direct the execution of the sentence, or 1 further reprieve. The governor shall communicate to slature, at the beginning of every session, every case of è or pardon granted, stating the name of the convict, the f which he was convicted, the sentence, its date, the date ardon or reprieve, and the reasons for granting the same. the governor nor the legislature shall have power to ardons, or commutations of sentence, in any case where ict has been twice convicted of a felony, unless upon the recommendation of a majority of the judges of the suourt. [Const. Cal., art. VII.]

See 29 Cyc. 1560.

ng power.

1417. The governor has power to grant reprieves, coms, and pardons after conviction, for all offenses except and cases of impeachment, upon such conditions and -h restrictions and limitations as he may think proper, o the regulations provided in this chapter. [Pen. Code.] Eee 68 Cal. 176.

The governor's power to pardon exists only to offenses der the state laws. It has been held not to extend to hit the penalty imposed by city ordinance: 157 Mo. 292. can not order the sheriff to release a prisoner committo his custody: 112 N. W. 585. The pardoning power the United States, no matter how exercised, is the same mature and effect as that exercised by the representaes of the crown of England in this country in colonial s: 43 Cal. 439; 73 Ala. 517.

nless restricted by constitution, the power to pardon y be exercised at any time after commission, either bee or during legal proceedings or after conviction: 26 . 74; 136 Mich. 25; 29 Mo. 300; 4 Wall. (U. S.) 333. ardon may also be granted after offender has suffered alty: 43 Cal. 439; 26 L. A. 134; 18 Tex. App. 498.

A proviso inserted in the pardon that some disability shall remain notwithstanding the pardon, is void: 43 Cal 439; see also, 26 N. Y. L. 326, holding that a proviso that pardon should not relieve the party pardoning from legal disabilities is incongruous and repugnant to the pardon itself.

If a second offense is, by statute, more heavily punishable than the first, the pardon of the first obliterates it: 59 Ohio St. 212; 78 Va. 30.

A pardon may be conditional so long as the condition is not illegal, immoral or impossible of performance, but no condition can be attached that shall extend over the expiration of the term of the sentence: 12 Idaho, 494.

Among the conditions that may attach are that a person depart and remain out of the state (61 Ark. 321; 64 Cal. 29; 1 Park Cr. (N. Y.) 47; 4 Brewst. 326; but see 1 Pa. L. J. Rep. 177), even when the state constitution forbids exile, a summary arrest upon governor's warrant upon a breach of the terms of the pardon (48 Iowa, 264) or upon the condition that the person reimburse for expense of trial (125 Mich. 410), or that he shall remain a law abiding citizen (89 Pac. 801).

See 29 Cyc. 1570.

An executive act restoring a criminal to the rights of citizenship is not a pardon and the judgment of guilt and disability to testify remain: 43 Cal. 439; 49 Cal. 15.

Records in office of governor.

SEC. 382. The governor must cause to be kept the following records:

1. A register of all applications for pardon or for commutation of any sentence with a list of the official signatures and recommendations in favor of each application.

5. A record of all persons confined in the state prison showing the name of the convict, his age, and general appearance, when and where convicted, and of what crime, the time of his sentence and when such time expires. [Pol. Code.]

Directors to report persons for pardon, see Penal Code, sec. 1576, on page 49.

Application for pardon-Governor may require report of case judge or district attorney.

SEC. 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 district 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. [Pen. Code.]

Notice to district attorney of application for pardon.

SEC. 1421. At least ten days before the governor acts upon an application for a pardon, written notice of the intention to apply therefor, signed by the person applying, 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. [Pen. Code.]

Publication of notice.

SEC. 1422. Unless dispensed with by the governor, a copy of the notice must also be published for thirty day from the first publication, in a paper in the county in which the conviction was had. [Penal Code.]

When two preceding sections are not applicable.

SEC. 1423. The provisions of the two preceding sections 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. [Pen. Code.]

Fees of secretary of state.

SEC. 416. The secretary of state, for services performed in his office, must charge and collect the following fees:

Subd. 21. For each commission, passport, or other document signed by the governor and attested by the secretary of state (pardons, military commissions, and extradition papers excepted) five dollars. [Pol. Code.]

[Penal Code, sec. 1417, see page 175 for citation and notes.]

His power in respect to convictions for treason.

SEC. 1418. He (the governor) 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, when the legisla

ture may either pardon, direct the execution of the sentence, or grant a further reprieve; provided, that neither the governor nor the legislature shall have power to grant pardons or commutations of sentence in any case where the convict has been twice convicted of felony, after the first day of January, eighteen hundred and eighty, unless upon the written recommendation of a majority of the judges of the supreme court. [Pen. Code.]

To communicate to the legislature reprieves, commutations, and pardons.

SEC. 1419. He must, at the beginning of every session, 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, and the reasons for granting the same. [Pen. Code.]