§ 758. When money or other property is taken from a defendant, arrested upon a charge of a public offence, the officer taking it, must, at the time, 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 must be sent, as provided in section 220. This provision is new, but is deemed necessary, in order to prevent abuses by public officers, in taking property and retaining it, without furnishing to the party from whom it is taken, such evidence as will enable him to assert his right to his possession. When property is taken by a sheriff or other officer, under legal process, the delivery of an inventory is required; and there is, if anything, a stronger reason for imposing this duty, upon an officer who takes property under the circumstances contemplated by this chapter. § 759. The clerks in each of the police offices in the city of New-York, must enter in suitable books, a description of every article of property, alleged to be stolen or embezzled, and brought into the office, or taken from the person of a prisoner; and must attach a number to each article, and make a corresponding entry thereof. They must also enter in a suitable book, a statement of all property stolen or embezzled, of which information is given to them, and must daily furnish a copy of that statement, to the chief of police in the city of NewYork. Taken substantially from Laws of 1846, p. 404, sec. 9. [CRIM. CODE. 23 §760. The common council of the city of New-York may designate one or more of the police clerks in that city, to take charge of all property alleged to be stolen or embezzled, and which may be brought into the police office or taken from the person of a prisoner, and may prescribe regulations in regard to the duties of the clerk or clerks so designated, and to security for the faithful performance of the duties imposed by this section. SECTION 761. 762. CHAPTER XIII. REPRIEVES, COMMUTATIONS AND PARDONS. Power of governor to grant reprieves, commutations and pardons. His power, in respect to convictions for treason. Duty of the legislature, in such cases. 763. Governor to communicate annually to legislature, reprieves, commutations and pardons. 764. Report of case, how, and from whom required. 765. Notice to district attorney, of application for pardon. 766. Publication of notice. 767. Papers relating to application, to be filed with secretary of state. § 761. The governor has power to grant reprieves, commutations and pardons, after conviction, for all offences, 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. §762. He may also 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 legislature must either pardon or commute the sentence, direct the execution thereof, or grant a further reprieve. § 763. He must annually 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. The last three sections, are taken from the constitution, art. 4, sec. 5. § 764. When an application is made to the governor for a pardon, he may require the presiding 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. § 765. 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. § 766. Unless dispensed with by the governor, a copy of the notice must also be published, for thirty days from the first publication, in the state paper, and in a paper in the county in which the conviction was had, nearest to the place of conviction; and in the city of New-York, in a paper designated by the governor, with reference to its having the largest circulation. The last three sections are in substantial conformity with Laws of 1849, p. 450, 451, ch. 310. § 767. When the governor grants a reprieve, commutation or pardon, he must, within ten days thereafter, file all the papers presented to him in relation thereto, in the office of the secretary of state, by whom they must be kept as records, open to public inspection. PART V. OF PROCEEDINGS IN THE POLICE COURTS. TITLE I. Of the proceeding in police courts, in the counties other than New-York. II. Of the proceedings in the police courts, in the city and county of New-York. III. Of appeals from the police courts. TITLE I. OF THE PROCEEDINGS IN POLICE COURTS, IN THE COUNTIES OTHER THAN NEW-YORK. SECTION 768. Charge to be read to defendant, and he required to plead. 769. The plea, and how put in. 770. Issue, how tried. 771. Defendant may demand a trial by jury. 772. Jury, how drawn. 773. Magistrate to deliver list of jurors to peace officer, with direction to summon them. 774. Summoning the jury, and returning the list. 775. Depositing ballots in box. 776. Drawing the jury. 777. Challenges. 778. Talesmen, when and how ordered and summoned. 779. Punishing officer for not returning list, and issuing new order for jury. 780. Jury, how constituted. 781. Their oath. 782. Trial, how conducted. 783. Jury may decide in court, or retire. Oath of officer on their retire ment. 784. Delivering verdict, and entry thereof. 785. Discharge of jury without verdict. 786. In such case, cause to be re-tried. 787. Judgment on conviction. 788. Judgment of imprisonment, until fine be paid. Extent of imprisonment. 789. Defendant, on acquittal, to be discharged. Order that prosecutor pay the costs. 790. Judgment against prosecutor for costs. |