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Oct. 19, 1864, $313.

Oct. 19, 1864, $314.

Provisions in

ness; and in such case the witness must attend as required, if served within the state.

§ 1518. [314.] The provisions contained in section 793 [783] and in sections 796 [786] to 801 [791], both Code of Civil inclusive, of the Code of Civil Procedure, apply in criminal actions, examinations, and proceedings.

Procedure to

compel the

attendance of witnesses.

Oct. 19, 1864, $315.

What crimes may be

compromised.

Oct. 12, 1864, $316.

Compromise must be by leave of the court; crder therefor.

CHAPTER XXX.

OF COMPROMISING CERTAIN CRIMES BY LEAVE OF THE

COURT.

§ 1519. What crimes may be compromised.

§ 1520. Compromise by permission of the court; order thereon.

§ 1521. Order a bar to another prosecution.

§ 1522. No crime can be compromised, except.

§ 1519. [315.] When a defendant is held to answer on a charge of misdemeanor, for which the person injured by the act constituting the crime has a remedy by a civil action, the crime may be compromised, as provided in the next section, except when it was committed,

1. By or upon an officer of justice, while in the execution of the duties of his office;

2. Riotously; or,

3. With an intent to commit a felony.

§ 1520. [316.] If the party injured appear before the court at which the defendant is bound to appear, at any time before trial on an indictment for the crime, and acknowledge in writing that he has received satisfaction for the injury, the court may, in its discretion, on payment of the costs and expenses incurred, order all further proceedings to be stayed upon the prosecution, and the defendant to be discharged therefrom; but the order and the reasons therefor must be entered in the journal.

Compromise of crime. The law permits a compromise of any offense, though made the subject of a criminal prosecution, for which of fense the injured party might recover damages in an action; but if the offense is of a public nature, no agreement can be valid that is founded on

the consideration of stifling a prosecu. tion. Nor can such an agreement be made valid by the court consenting that the prosecution may be compro mised: Keir v. Leeman, 6 Q. B. 308; 2 Ben. & Heard's Lead. Crim. Cas. 216.

There can be no legal compromise

of a criminal charge where the person charged has not been arrested, nor in any way held to answer the charge. In effecting such a compromise, the person whose property has been stolen has no right to exact or demand or receive from the person committing a larceny anything more than the property or its value; that is to say, the law will not permit the process in a criminal case to be used as an instrument by means of which a person can secure pecuniary benefits to the prejudice of the other creditors of the person charged with a crime, and if the person whose property has been

stolen desires more than a return Oct. 19, 1864,
thereof, and the necessary expense $316.
incurred in reclaiming it, he must let
the criminal law take its course, and
resort to his civil remedy for the re-
covery of his damages. In order to
effect a valid compromise, such a one
as would bar the further or future
prosecution for the crime, the party
injured should acknowledge satisfac
tion unequivocally, and the dismissal
of the prosecution should be based
upon such unequivocal acknowledg
ment of satisfaction: Saxon v. Hill, 6
Or. 383.

§ 317.

Order, a bar to another prosecution.

§ 1521. [317.] The order authorized by the last sec- Oct. 19, 186-4, tion, when made and entered, is a bar to another prosecution for the same crime. § 1522. [318.] No crime can be compromised, nor oct. 19, 1864, can any proceeding for the prosecution or punishment thereof be stayed upon a compromise, except as pro- be comprovided in this chapter.

CHAPTER XXXI.

OF DISMISSAL OF THE ACTION BEFORE OR AFTER INDICT-
MENT, FOR WANT OF PROSECUTION OR OTHERWISE.

§ 1523. Dismissal of charge when indictment not found at next term.

§ 1524. Dismissal of action when not brought to trial at next term after indictment found.

§ 1525. Court may continue cause and admit defendant to bail on his own undertaking.

§ 1526.

Effect of dismissal of action or charge upon bail or deposit.

§ 1527.

When court may dismiss action on its own motion, or that of the
district attorney.

§ 1528. Nolle prosequi abolished.

§ 1529. Dismissal, when a bar to another action.

$318.

No crime can

mised, except.

Oct. 19, 1864,

Dismissal of

charge, when found at next

indictment not

term of court. Id., § 320.

§ 1523. [319.] When a person has been held to $319. answer for a crime, if an indictment be not found against him at the next term of the court at which he is held to answer, the court must order the prosecution to be dismissed, unless good cause to the contrary be shown. § 1524. [320.] If a defendant indicted for a crime, when not whose trial has not been postponed upon his application or by his consent, be not brought to trial at the next ment found.

Dismissal of the action

brought to trial at next term after indict

Oct. 19, 1864, $320.

Oct. 19, 1864, $321.

When court

may continue

cause, and

admit defend

ant to bail on his own

undertaking.

Oct. 19, 1864, $322.

Effect of dismissal as to

bail or deposit.

Oct. 19, 1864, 323.

When court
may dismiss
action upon its
own motion,
or that of

the district
attorney.

Oct. 19, 1864,
Ø 324.

Nolle prosequi abolished.

Oct. 19, 1864, 325.

Dismissal,

term of the court in which the indictment is triable, after it is found, the court must order the indictment to be dismissed, unless good cause to the contrary be shown. § 1525. [321.] If the defendant be not indicted or tried, as provided in the last two sections, and sufficient reason therefor be shown, the court may order the action to be continued from term to term, and in the mean time may discharge the defendant. from custody, on his own. undertaking of bail, for his appearance to answer the charge or action at the time to which the same is continued.

§ 1526. [322.] If the court direct the charge or action to be dismissed, the defendant must, if in custody, be discharged therefrom, or if admitted to bail, his bail is exonerated, or money deposited in lieu of bail must be refunded to him.

§ 1527. [323.] The court may, either of its own motion or upon the application of the district attorney, and in furtherance of justice, order an action, after indictment, to be dismissed; but in that case, the reasons of the dismissal must be set forth in the order, which must be entered in the journal.

§ 1528. [324.] The entry of a nolle prosequi is abolished; and the district attorney cannot discontinue or abandon a prosecution for a crime, except as provided in the last section.

§ 1529. [325.] An order for the dismissal of a charge or action, as provided in this chapter, is a bar to another another prose- prosecution for the same crime if it be a misdemeanor; but it is not a bar if the crime charged be a felony.

when a bar to

cution.

CHAPTER XXXII.

OF THE DISPOSAL OF PROPERTY STOLEN OR EMBEZZLED.

§ 1530. How officer to hold property alleged to have been stolen or em

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§ 1534. Receipt for money or property taken from person when arrested.

§ 1535. Sale and disposition of property when not claimed.

§ 1536. Money paid into county treasury, how disposed of. Effect of sale of property.

326.

Custody of

§ 1530. [326.] When property alleged to have been Oct. 19, 1864, stolen or embezzled comes into the custody of a peace officer, he must hold it subject to the order of the magis- property trate or court, as provided in this chapter.

alleged to have
been stolen
or embezzled.

§ 327.

Order for

delivery of

property to

§ 1531. [327.] On satisfactory proof of the title of Oct. 19, 1864, the owner of the property, the magistrate who examines the charge against the person accused of the crime must order it to be delivered to the owner, or his duly author- owner by ized agent, on his paying the reasonable and necessary expenses incurred in its preservation, to be ascertained. and certified by the magistrate.

magistrate.

$328.

§ 1532. [328.] If property stolen or embezzled has Oct. 19, 1864, not been delivered to the owner, the court before which a trial is had for the stealing or embezzling may, on like court where proof and condition, order its delivery to the owner or his agent.

Same order by trial is had.

$329.

Effect of order

§ 1533. [329.] The order provided for in the last two Oct. 19, 1864, sections entitles the owner or his agent to demand and receive the possession of the property from the officer to deliver having it in custody, and authorizes such officer to deliver it accordingly, but does not affect the rights of third persons.

property.

$330.

Receipt for

property taken arrested.

§ 1534. [330.] When money or other property is Oct. 19, 1864, taken from a person arrested upon a charge of crime, the officer taking it must, at the time, give duplicate money or receipts therefor, specifying particularly the amount of from person money or kind of property taken, one of which receipts he must then deliver to the person arrested, and the other to the magistrate who examines the charge; or if the arrest be after indictment found, to the clerk of the court where the action is pending.

$331.

§ 1535. [331.] If property stolen or embezzled be not Oct. 19, 1864, claimed by the owner before the expiration of sixty days Sale and disfrom the conviction of the person for stealing or embez- position of zling it, the officer having it in custody must, if it be not claimed.

property, when

Oct. 19, 1864, 331.

Oct. 19, 1864, § 332.

Money paid how disposed of.

money, pay it into the county treasury, or if it be other property, must sell it as upon an execution, and after paying the expenses of the sale and preservation of the property, to be ascertained and certified by the clerk of the court, pay the proceeds into the county treasury.

§ 1536. [332.] Money paid into the county treasury in pursuance of the provisions of the last section is to be into treasury, credited and appropriated as a fine imposed upon a person convicted of stealing or embezzlement; but the owner of the property, at any time within six years of the conviction, upon making satisfactory proof of ownership before the county court of the county, may have the proceeds repaid to him from the county treasury, by order of such court. A sale of property as authorized by section 1535 [331] conveys a good title to the purchaser as against any person.

CHAPTER XXXIII.

OF REPRIEVES, COMMUTATIONS, AND PARDONS

Power of governor to grant reprieves, comm:tations, and pardons.
Pardon in certain cases after fine paid.

§ 1537.

§ 1538.

§ 1539.

Effect of such pardon.

§ 1540.

Power in relation to conviction for treason; duty of the legislature in such cases.

§ 1541.

§ 1542.

Governor to communicate pardons, etc., to the legislature.
Governor to have report of case from judge or district attorney.
Penalty if district attorney do not make report.

Oct. 19, 1864, $333.

Power of

§ 1543.

§ 1544. Notice to the district attorney of the application for pardon.

§ 1545. Papers relating to application to be filed with secretary of state.

§ 1537. [333.] The governor has power to grant reprieves, commutations, and pardons, after convictions, for all crimes; and to remit, after judgment therefor, all and pardons. penalties and forfeitures, upon such conditions and with such restrictions and limitations as he may think proper, subject to the regulations provided in this chapter.

governor to grant reprieves

Pardons generally. - A reprieve is a temporary suspension of the execution of a sentence to punishment; it is a respite from the penalty. A commutation is the substitution of a less onerous punishment for the original one. A pardon is a perma

nent discharge of defendant from the penal consequences of his crime. The term "amnesty" is nowhere used in this code. It is defined as being an act of the sovereign power which extinguishes the offense as to all partici pators, and declares that the govern

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