time, and upon such notice to the adverse party as it may direct.

§ 565. The circumstances shall be presented by the testimony of witnesses examined in open court; except, that where a witness is so sick or infirm, as to be unable to attend, his deposition may be taken by a magistrate of the county, out of court, at a specified time and place, upon such notice to the adverse party as the court may direct..

§ 566. No affidavits, or testimony, or representations of any kind, verbal or written, shall be offered to, or received by the court, or any member thereof, in aggravation or mitigation of the punishment, except as provided in the last section.

567. A violation of the last section shall be punishable as a misdemeanor, on the part of the person offering or receiving the affidavit or representation; and the person offering it may, in addition, be punished by the court for a contempt.

§ 568. If the defendant have been convicted of two or more offences, before judgment on either, the judgment may be, that the imprisonment upon any one may commence at the expiration of the imprisonment upon any other of the offences.

§ 569. A judgment that the defendant pay a fine, may also direct that he be imprisoned until the fine be

satisfied, specifying the extent of the imprisonment; which shall not exceed thirty days for every hundred dollars of the fine, or in that proportion.

§ 570. When judgment upon a conviction is rendered, the clerk shall enter the same in his minutes, stating briefly the offence for which the conviction has been had, and shall within five days annex together and file the following papers, which shall constitute the judgment roll:

1. A copy of the minutes of any challenge which may have been interposed by the defendant to the panel of the grand jury, or to any individual grand juror, and the proceedings thereon;

2. The indictment, and a copy of the minutes of the plea or demurrer;

3. A copy of the minutes of any challenge which may have been interposed to the panel of the trial jury, or to an individual juror, and the proceedings thereon;

4. A copy of the minutes of the trial;

5. A copy of the minutes of the judgment; 6. The bill of exceptions, if there be one.

CHAPTER II.

The execution.

§ 571. When a judgment has been pronounced, a certified copy of the entry thereof in the minutes shall be forthwith furnished to the officer whose duty it is to

execute the judgment; and no other warrant or authority is necessary to justify or require the execution thereof.

§ 572. If the judgment be imprisonment, or a fine and imprisonment until it be satisfied, the defendant shall forthwith be committed to the custody of the proper officer, and by him detained, until the judgment be complied with.

§ 573. When the judgment is imprisonment in a county jail, or a fine and that the defendant be imprisoned until it be satisfied, the judgment shall be executed by the sheriff of the county. In all other cases, where the sentence is imprisonment, the sheriff of the county shall deliver the defendant to the proper officer, in execution of the judgment.

§ 574. If the judgment be imprisonment, except in a county jail, the sheriff shall deliver a copy of the entry of the judgment in the minutes of the court, together with the body of the defendant, to the keeper of the prison, in which the defendant is to be imprisoned.

§ 575. The sheriff or his deputy, whilst conveying the defendant to the proper prison, in execution of a judgment of imprisonment, shall have the same authority to require the assistance of any citizen of this state, in securing the defendant and in retaking him if he escape, as if the sheriff were in his own county; and every person who shall refuse or neglect to assist the

sheriff, when so required, shall be punishable as if the sheriff were in his own county.

§ 576. When judgment of death is rendered, the members of the court or the majority of them, of whom the presiding judge must be one, shall sign and deliver to the sheriff of the county, a warrant stating the conviction and judgment, and appointing a day on which the judgment shall be executed, which shall not be less than thirty nor more than sixty days from the time of the judgment.

§ 577. The presiding judge of the court at which a conviction requiring judgment of death shall have been had, shall, immediately after the conviction, transmit to the governor, by mail, a statement of the conviction and judgment, and of the testimony given at the trial.

§ 578. The governor may thereupon require the opinion of the judges of the court of appeals, the justices of the supreme court and the attorney-general, or of any of them, upon the statement so furnished.

§ 579. No judge, court or officer, other than the governor, can reprieve or suspend the execution of a judgment of death, except the sheriff, in the cases provided in sections 580 to 586, both inclusive.

§ 580. If after judgment of death, there be good reason to suppose that the defendant has become insane, the

sheriff of the county, with the concurrence of a judge of the court by which the judgment was rendered, may summon from the list of grand jurors, a jury of twelve persons to inquire into the supposed insanity, and shall give immediate notice thereof to the district attorney of the county.

§ 551. The district attorney shall attend the inquisition, and may produce witnesses before the jury; for which purpose, he may issue process in the same manmer as for witnesses to attend before the grand jury; and disobedience thereto may be punished at the next court of oyer and terminer of the county, in like manner as disobedience to process issued by that court.

§ 582. A certificate of the inquisition shall be signed by the jurors and the sheriff and filed with the clerk of the court in which the conviction was had.

§ 583. If it be found by the inquisition that the defendant is sane, the sheriff shall execute the judgment; but if it be found that he is insane, the sheriff shall suspend the execution of the judgment, until he receive a warrant from the governor, or from a majority of the judges of the supreme court elected in the district, directing the execution of the judgment.

§ 584. If the inquisition find that the defendant is insane, the sheriff shall immediately transmit the same to the governor, who may, when the defendant becomes sane, issue a warrant appointing a day for the execution of the judgment.