Legislation § 1409. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 687); in substance the same as Crim. Prac. Act, Stats. 1851, p. 280, § 604.

§ 1410. Court in which trial is had may order its delivery. If the property stolen or embezzled has not been delivered to the owner, the court before which a trial is had for stealing or embezzling it may, on proof of his title, order it to be restored to the owner.

Legislation § 1410. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 688); in substance the same as Crim. Prac. Act, Stats. 1851, p. 280, § 605.

§ 1411. If not claimed in six months to be delivered to county treasurer. If the property stolen or embezzled is not claimed by the owner before the expiration of six months from the conviction of a person for stealing or embezzling it, the magistrate or other officer having it in custody must, on the payment of the necessary expenses incurred in its preservation, deliver it to the county treasurer, by whom it must be sold and the proceeds paid into the county treasury.

Legislation § 1411. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 689); in substance the same as Crim. Prac. Act, Stats. 1851, p. 280, § 606.

§ 1412. Receipt by officers for money, etc., taken from a person arrested for a public offense. When money or other property is taken from a defendant, arrested upon a charge of a public offense, 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 are to be sent. When such property is taken by a police-officer of any incorporated city or town, he must deliver one of the receipts to the defendant, and one, with the property, at once to the clerk or other person in charge of the police-office in such city or town.

Legislation § 1412. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 690); based on Crim. Prac. Act, Stats. 1851, p. 280, which read: "§ 607. When money or such other property is taken from a defendant arrested upon a charge of a public offense, the officer taking it shall at the time give public receipts therefor, specifying particularly the amount of money and the kind of property taken; one of which receipts he shall deliver to the defendant, and the other of which he shall forthwith file with the clerk of the court, to which the depositions and statement must be sent, as provided by section one hundred and seventy-six."

§ 1413. Duties of persons having charge of police-offices in incorporated cities or towns. The clerk in, or person having charge of, the police-office in any incorporated city or town, must enter in a suitable book 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.

Record of property stolen or embezzled: See post, § 1536.

Legislation § 1413. Enacted February 14, 1872. (N. Y. Code Crim. Proc., § 691.)

CHAPTER XIII.

Reprieves, Commutations, and Pardons.

§ 1417. Power of the governor to grant reprieves, commutations, and pardons.

§ 1418.

§ 1419.

§ 1420.

Governor's power in respect to convictions for treason. Governor to communicate to legislature reprieves, commutations, and pardons.

Report of case, how and from whom required.

$1421. Notice to district attorney of application for pardon. § 1422. Publication of notice.

§ 1423. When two preceding sections are not applicable.

Code commissioners' note to Chapter XIII. "This chapter is founded upon an act prescribing the manner of applying for par dons. (Stats. 1853, p. 270.) The provisions of an act to confer further powers upon the governor of this state, in relation to the pardon of criminals (Stats. 1863-64, p. 356), and of the act amendatory thereof (Stats. 1867-68, p. 111), and of an act authorizing the board of state prison directors to recommend the pardoning of conviets, etc. (Stats. 1867-68, p. 116), are intimately connected with the subject of prison discipline, and for that reason are, with considerable modification (for reasons there given) inserted in the part of this code relating to the state prison."

§ 1417. Power of the governor to grant reprieves, commutations, and pardons. The governor has power to grant reprieves, commutations, and pardons, after conviction, for all offenses, 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.

Pardoning power: See Const., art. vii, § 1; U. S. Const., art. ii, $ 2, subd. 1.

Act creating pardoning board: Stats. 1915, p. 465. See General Laws, tit. "Pardons."

Legislation § 1417. Enacted February 14, 1872. (N. Y. Code Crim. Proc., § 692.)

§ 1418. Governor's power in respect to convictions for treason. He 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 legislature 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. [Amendment approved 1880; Code Amdts. 1880, p. 2.]

Legislation § 1418.

1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 693), and then read: "1418. He 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 legislature may either pardon or commute the sentence, direct the execution thereof, or grant a further reprieve."

2. Amended by Code Amdts, 1880, p. 2.

§ 1419. Governor to communicate to legislature reprieves, commutations, and pardons. 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. [Amendment approved 1880; Code Amdts. 1880, p. 3.]

Legislation § 1419. 1. Enacted February 14, 1872. (N. Y. Code Crim. Proc., § 694.)

2. Amended by Code Amdts. 1880, p. 3, inserting (1) "at the beginning of every session" after "He must," and (2) "and the reasons for granting the same" at end of section.

§ 1420. Report of case, how and from whom required. 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.

Legislation § 1420. Enacted February 14, 1872. (N. Y. Code Crim. Proc., § 695.)

§ 1421. Notice to district attorney of application for pardon. 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.

Legislation § 1421. Enacted February 14, 1872.

§ 1422. Publication of notice. Unless dispensed with by the governor, a copy of the notice must also be published for thirty days from the first publication, in a paper in the county in which the conviction was had.

Legislation § 1422. Enacted February 14, 1872.

§ 1423. When two preceding sections are not applicable. 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.

Legislation § 1423. Enacted February 14, 1872.

Pen. Code-41

§ 1426a. § 1427.

TITLE XI.

Proceedings in Justices' and Police Courts and Appeals to Superior Courts.

Chapter I. Proceedings in Justices' and Police Courts. §§ 1425-1461. II. Appeals to Superior Courts. §§ 1466-1470.

CHAPTER I.

Proceedings in Justices' and Police Courts.

§ 1426. Proceedings must be commenced by complaint.

Complaint for misdemeanor.

When warrant of arrest must issue. Form of warrant. In case of offense by corporation.

§ 1431.

Change of venue, when granted.

§ 1432.

Upon change of venue, papers, etc., must be transmitted.
Proceedings on change of venue.

§ 1433.

Postponement of the trial.

§ 1434.

Defendant to be present.

§ 1435.

Jury trial, how waived.

§ 1436.

Challenges.

Court to decide questions of law, but not to charge in respect to matters of fact.

Jury may decide in court or retire. Oath of officer on their retirement.

§ 1441.

Verdict of jury, how delivered and entered.

§ 1442.

Verdict, when several defendants are tried together.
Jury, when to be discharged without a verdict.
If discharged, defendant may be tried again.

Defendant, on acquittal, to be discharged. Order that prosecutor pay costs.

Judgment against prosecutor for costs.

§ 1449. Judgment, when to be rendered.

§ 1450.

§ 1451. § 1452. $1453.

§ 1454.

When defendant may move for a new trial or in arrest of judgment.

New trial, grounds of.

Grounds of motion in arrest of judgment.

Judgment to be entered in the minutes.

If judgment of acquittal or imposing a fine only, defendant to be discharged.

§ 1455. Judgment of imprisonment, how executed.

§ 1456.

Judgment that defendant be imprisoned until he pay a fine. how executed.

§ 1457. Defendant discharged upon payment of fine. Disposition of

fines.

§ 1458. Defendant may be admitted to bail.