CHAPTER II. THE EXECUTION. SECTION 551. Authority for the execution of a judgment, except of death. 553, 554. Judgment of imprisonment, by whom and how executed. ished. 556. Warrant of execution, upon judgment of death. Time of execution. 557. On judgment of death, presiding judge to transmit to governor a statement of the conviction, judgment and testimony. 558. Governor may require opinion of judges of court of appeals and supreme court and of the attorney-general, or any of them. 559. Judgment of death not to be reprieved or suspended, except by sheriff, as provided in next seven sections. 560. It good reason to suppose defendant insane, jury to inquire into it how and by whom ordered. 561. Duty of district attorney, upon the inquisition. 562. Inquisition, how certified and filed. 563, 564. Proceedings upon the finding of the jury. 565. If good reason to suppose female defendant pregnant, jury to inquire into it how and by whom ordered. Proceedings upon the inquisition. 566, 567. Proceedings upon the finding of the jury. 568, 569. Proceedings when judgment of death, remaining in force, has not been executed. 570. Punishment of death, how inflicted. 571. Execution, where to take place. 572. Who to be present at the execution. 574. Certificate, how filed and published. § 551. When a judgment, except of death, has been pronounced, a certified copy of the entry thereof upon the minutes, must 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 its execution. § 552. If the judgment be imprisonment, or a fine and imprisonment until it be paid, the defendant must forthwith be committed to the custody of the proper officer, and by him detained, until the judgment be complied with. Taken from 2 R S., 3d ed., 824, sec. 13, 14; but made applicable to all judgments on conviction, and not merely to a judgment of imprisonment. § 553. When the judgment is imprisonment in a county jail, or a fine and that the defendant be imprisoned until he be paid, the judgment must be executed by the sheriff of the county. In all other cases, when the sentence is imprisonment, the sheriff of the county must deliver the defendant to the proper officer, in execution of the judgment. § 554. If the judgment be imprisonment, except in a county jail, the sheriff must deliver a copy of the entry of the judgment upon 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. $555. The sheriff or his deputy, while conveying the defendant to the proper prison, in execution of a judgment of imprisonment, has 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 refuses or neglects to assist the sheriff, when so required, is punishable, as if the sheriff were in his own county. The last section is taken from 2 R. S. 3d ed., 824. sec. 15. § 556. When judgment of death is rendered, the members of the court or the majority of them, of whom the presiding judge must be one, must sign and deliver to the sheriff of the county, a warrant, stating the conviction and judgment, and appointing a day on which the judgment is to be executed, which must not be less than thirty, nor more than sixty days from the time of the judgment. Faken from 2 R. S., 3d ed., 747, sec. 11, 12. The only alteration is, in substituting thirty and sixty days, instead of four and eight weeks, as the time within which sentence of death must be executed. This alteration is made to conform the code in this particular, to the uniform mode of prescribing. time in statutes, oy days, and not by weeks.. § 557. The presiding judge of the court at which a conviction requiring judgment of death is had, must, 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. § 558. The governor may thereupon require the opinion of the judges of the court of appeals, and supreme court, and of the attorney-general, or of any of them, upon the statement so furnished. The last two sections are substantially the same as Laws of 1847, p. 437, ch. 328, sec 1, 2. § 559. 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 the next eight sections. Substantially the same as 2 R. S., 3d ed, 747, sec. 15. § 560. 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 must give immediate notice thereof to the district attorney of the county. Taken from Laws of 1817, p. 437, sec. 3; except that the words "a judge of the court by which the judgment was rendered," are substituted in place of the words " a justice of the supreme court, or if he be absent from the county, with the concurrence of the county judge of the county in which the conviction was had;" and except also that the jury is required to be taken from the list of grand jurors. § 561. The district attorney must attend the inquisition, and may produce witnesses before the jury; for which purpose, he may issue process in the same manner 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 the same manner as disobedience to process issued by that court. Taken from 2 R. S., 3d ed. 747, sec. 17. § 562. A certificate of the inquisition must be signed by the jurors and the sheriff, and filed with the clerk of the court in which the conviction was had. § 563. If it be found by the inquisition, that the defendant is sane, the sheriff must execute the judgment; but if it be found that he is insane, the sheriff must 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. The last two sections are taken substantially from 2 R. S., 3d ed. 747, 748, sec. 18, 19. § 564. If the inquisition find that the defendant is insane, the sheriff must immediately transmit it to the governor, who may, when the defendant becomes sane, issue a warrant appointing a day for the execu tion of the judgment. New, but necessary to carry out the spirit of the last two sections. § 565. When there is good reason to suppose, that a female, against whom judgment of death is rendered, is pregnant, the sheriff of the county, with the concur rence of a judge of the court by which the judgment was rendered, may summon a jury of six physicians of the county, to inquire into the supposed pregnancy. Immediate notice thereof, must be given to the district attorney of the county. The provisions of sections 561 and 562, apply to the proceedings upon the inquisition. Substantially the same as 2 R. S. 3d ed. 748, sec. 20. § 566. If it be found by the inquisition, that the female is not pregnant, the sheriff must execute the |