effect, must impanel a jury of twelve persons of that county. qualified to serve as jurors in a court of record, to examine the question of the sanity of the defendant. The sheriff must give at least seven days' notice of the time and place of the meeting of the jury to the district attorney of the county. Section 108 of the Code of Civil Procedure regulates the impaneling of such a jury, and the proceedings upon the inquisition so far as it is applicable. § 497. Duty of district attorney. The district attorney must attend the inquiry. He may produce witnesses before the jury; for which purpose he has the same power to issue subpoenas as for witnesses to attend a grand jury, and disobedience thereto may be punished by the supreme court, at any term thereof, in the same manner as disobedience to process issued by that court. Am'd L. 1895, ch. 880. § 498. Inquisition; suspension of execution. The inquisition of the jury must be signed by the jurors and the sheriff. If it be found by the inquisition that the defendant is insane, the sheriff must suspend execution of the warrant directing the defendant's death, until he receives a warrant from the governor, directing that the defendant be executed. § 499. Sheriff to transmit inquisition to governor; governor's duty. The sheriff must immediately transmit the inquisition to the governor; who, as soon as he is satisfied of the sanity of the defendant, or of his restoration to sanity, must issue his warrant, appointing a time and place for the execution of the latter, pursuant to his sentence, unless the sentence is commuted or the convict pardoned, and may in the meantime give directions for the disposition and custody of the defendant. § 500. If female convict is pregnant, sheriff to impanel jury of physicians. If there is reasonable ground to believe that a female defendant, sentenced to the punishment of death, is pregnant, the sheriff of the county where the conviction took place must impanel a jury of six physicians to inquire into her pregnancy. Sections 497 and 498 of this Code apply to the proceedings upon the inquisition, except that the sheriff may, in his discretion, require one or more of the physicians composing the jury to attend from an adjoining county. A physician, acting as a juror upon such an inquisition, need not be qualified to serve as a juror in a court of record. § 501. Inquisition; suspension of execution. The inquisition of the jury must be signed by the jurors and the sheriff. If it is found by the inquisition that the defendant is quick with child, the sheriff must suspend the execution of the warrant directing her execution, until he receives a warrant from the governor, directing that the convict be executed. § 502. Sheriff to transmit inquisition to governor; governor's duty. The sheriff must immediately transmit the inquisition to the governor, who, as soon as he is satisfied that the defendant is no longer quick with child, may issue his warrant, appointing a time and place for her execution, pursuant to her sentence, or may commute her punishment to imprisonment for life. § 503. When day of execution passed, et cetera. Whenever, for any reason other than insanity or pregnancy, a defendant sentenced to the punishment of death has not been executed pursuant to the sentence, at the time specified thereby, and the sentence or judgment inflicting the punishment stands in full force, the court of appeals, or a judge thereof, or the supreme court, or a justice thereof, upon application by the attorneygeneral or of the district attorney of the county where the conviction was had, must make an order directed to the agent and warden or other officer in whose custody said defendant may be, commanding him to bring the convict before the court of appeals or a term of the appellate division of the supreme court in the department, or a term of the supreme court in the county where the conviction was had. If the defendant be at large, a warrant may be issued by the court of appeals or a judge thereof, or by the supreme court or a justice thereof, directing any sheriff or other officer to bring the defendant before the court of appeals or a term of the appellate division of the supreme court thereof, or before a term of the supreme court in that county. Am'd L. 1895, ch. 880. See note following § 509. When § 503 applies. People v. Lyons, 6 N. Y. Cr. Rep. 133. Constitutional. People ex rel. Kemmler v. Durston, 119 N. Y. 569, affg. 7 N. Y. Cr. Rep. 364; 54 Hun, 64. Reprieve. Matter of Buchanan, 146 N. Y. 264. § 504. Court to make inquiry, and may issue warrant for execution. Upon the defendant being brought before the court, it must inquire into the circumstances, and if no legal reason exists against the execution of the sentence, it must issue its warrant to the agent and warden of the state prison mentioned in the original warrant and sentence, under the hands of the judge or judges, or. a majority of them, of whom the judge presiding must be one, commanding the said agent and warden to do execution of the sentence during the week appointed therein. The warrant must be obeyed by the agent and warden accordingly. The time of the execution within said week shall be left to the discretion of the agent and warden, to whom the warrant is directed; but no previous announcement of the day or hour of the execution shall be made, except to the persons who shall be invited or permitted to be present at said execution as hereinafter provided. Am'd L. 1888, ch. 489. See note following § 509. When § 504 applies. People v. Lyons, 6 N. Y. Cr. Rep. 133. Constitutional. People ex rel. Kemmler v. Durston, 119 N. Y. 569, affg. 7 N. Y. Cr. Rep. 364; 55 Hun, 64. Reprieve. Matter of Buchanan, 146 N. Y. 264. See Matter of Application of Ferris, 35 N. Y. 262. § 505. Death penalty, infliction by current of electricity. The punishment of death must, in every case, be inflicted by causing to pass through the body of the convict a current of electricity of sufficient intensity to cause death, and the application of such current must be continued until such convict is dead. Am'd L. 1888, ch. 489. See note following § 509. Constitutional. People ex rel. Kemmler v. Durston, 119 N. Y. 569, affg. 7 N. Y. Cr. Rep. 364; 55 Hun, 64. See People v. Kemmler, 119 N. Y. 580. § 506. Punishment, where inflicted. The punishment of death must be inflicted within the walls of the state prison designated in the warrant, or within the yard or inclosure adjoining thereto. Am'd L. 1888, ch. 489. See note following § 509. Constitutional. People ex rel. Kemmler v. Durston, 119 N. Y. 569, affg. 7 N. Y. Cr. Rep. 364; 55 Hun, 64. 507. Executions, who to be present at. It is the duty of the agent and warden to be present at the execution, and to invite the presence, by at least three days' previous notice, of a justice of the supreme court, the district attorney, and the sheriff of the county where the conviction was had, together with two physicians and twelve reputable citizens of full age, to be selected by said agent and warden. Such agent and warden must at the request of the criminal, permit such ministers of the gospel, priests or clergymen of any religious denomination, not exceeding two, to be present at the execution; and in addition to the persons designated above, he shall also appoint seven assistants or deputy sheriffs who shall attend the execution. He shall permit no other person to be present at such execution except those designated in this section. Immediately after the execution a post-mortem examination of the body of the convict shall be made by the physicians present at the execution, and their report in writing stating the nature of the examination, so made by them, shall be annexed to the certificate hereinafter mentioned and filed therewith. After such postmortem examination, the body, unless claimed by some relative or relatives of the person so executed, shall be interred in the graveyard or cemetery attached to the prison, with a sufficient quantity of quick-lime to consume such body without delay; and no religious or other services shall be held over the remains after such execution, except within the walls of the prison where said execution took place, and only in the presence of the officers of said prison, the person conducting said services, and the immediate family and relatives of said deceased prisoner. Any person who shall violate or omit to comply with any provision of this section shall be guilty of a misdemeanor. Am'd L. 1892, ch. 16. See note following § 509. Constitutional. People ex rel. Kemmler v. Durston, 119 N. Y. 569, affg. 7 N. Y. Cr. Rep. 364; 55 Hun, 64. § 508. Certificate, as to execution and post-mortem, how filed. The agent and warden attending the execution must prepare and sign a certificate, setting forth the time and place thereof, and that the convict was then and there executed, in conformity to the sentence of the court and the provisions of this Code, and must procure such certificate to be signed by all the persons present and witnessing the execution. He must cause the certificate, together with the certificate of the post-mortem examination mentioned in the preceding section, and annexed thereto, to be filed within ten days after the execution, in the office of the clerk of the county in which the conviction was had. Am'd L. 1888, ch. 489. See note following § 509. Constitutional. People ex rel. Kemmler v. Durston, 119 N. Y. 569, affg. 7 N. Y. Cr. Rep. 364; 55 Hun, 64. § 509. Principal keeper of state prison, when to execute warrant. In case of the disability, from illness or other sufficient cause, of the agent and warden to whom the death warrant is directed, to be present and execute said warrant, it shall be the duty of the principal keeper of said prison, or such officer of said prison as may be designated by the superintendent of state prisons, to execute the said warrant, and to perform all the other duties by this act imposed upon said agent and warden. Am'd L. 1888, ch. 489. Constitutional. People ex rel. Kemmler v. Durston, 119 N. Y. 569; affg. 7 N. Y. Cr. Rep. 364; 55 Hun, €4. 159 CHAPTER II. Second Offenses, Habitual Criminals and Special Penal Discipline. Sec. 510. When convict may be adjudged an habitual criminal. 511. Judgment accordingly, how entered, etc. 512. Persons so adjudged when liable to arrest and punishment. § 510. When convict may be adjudged an criminal. habitual When a person is hereafter convicted of a felony, who has been before that conviction, convicted in this state of any other crime, he may be adjudged by the court, in addition to other punishment inflicted upon him, to be an habitual criminal. A person convicted of a misdemeanor, who has been already five times convicted in this state of a misdemeanor may be adjudged by the court in addition to, or instead of, other punishment, to be an habitual criminal. Habitual criminal. See Penal Code, §§ 690-692. What sections 510-514 cover. People ex rel. Sloan v. Fallon, 27 Misc. 16; People v. Gibson, 114 App. Div. 600. Habitual Criminal Act constitutional. People v. McCarthy, 45 How. Pr. Rep. 97. 511. Judgment accordingly, how entered, et cetera. The judgment specified in the last section must be entered in a separate book kept for that purpose. A copy of the entry, duly certified by the clerk of the court, is proof of the judgment, and a copy, so certified, must be forthwith transmitted to the police department of each city, and to the district attorney of each zounty in the state. § 512. Persons so adjudged when liable to arrest and punishment. A person who has been adjudged an habitual criminal is liable to arrest summarily with or without warrant, and to punishment as a disorderly person, when he is found without being able to account therefor, to the satisfaction of the court or magistrate, either, 1. In possession of any deadly or dangerous weapon, or of any tool, instrument or material, adapted to, or used by criminals for, the commission of crime, or 2. In any place or situation, under circumstances giving reasonable ground to believe that he is intending or waiting the opportunity to commit some crime. Habitual criminals are disorderly persons. § 899, subd. 9, post. § 513. Id.; evidence of character on subsequent trial. A person who, having been adjudged an habitual criminal, is charged with a crime committed thereafter, may be described in |