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See § 285, ante; People v. Willett, 27 Hun, 469, 471; People v. Menken, 8 N. Y. Cr. Rep. 238; 36 Hun, 95; Schrumpf v. People, 14 id. 13; People v. Holmes, 41 id. 55; 5 N. Y. Cr. Rep. 131; People v. Courtney, 1 id. 557; Tillotson v. Mar◄ tin, 40 Hun, 322; People v. Williams, 18 N. Y. State Rep. 405; People, ex rel., V. Smith, 11 Civ. Proc. Rep. 186; People v. Dimick, 107 N. Y. 13, 34; People . Gillman, 125 id. 372; People v. Hagan, 37 State Rep. 661.

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CHAPTER XII.

DISPOSAL OF PROPERTY STOLEN OR EMBEZZLED.

SECTION 685. When property, alleged to be stolen or embezzled, comes into custody of peace officer.

686. Order for its delivery to owner.

687. When it comes into custody of magistrate, he must deliver it to owner, on proof of title and payment of expenses.

698. Court in which trial is had for stealing or embezzling it, may order it to be delivered to owner.

689. If not claimed in six months, to be delivered to county superintendent of the poor, or in New York, to commissioners of charities and corrections.

690. Receipt for money or property taken from a person arrested for a public offense.

691. Duties of police clerks in the city of New York, etc.

§ 685. When property, alleged to be stolen or embezzled, comes into custody of peace officer.-When property, alleged to have been stolen or embezzled, comes into the custody of a peace officer, he must hold it, subject to the order of the magistrate authorized by the next section to direct the disposal thereof.

See Simpson v. St. John, 93 N. Y. 363.

§ 686. Order for its delivery to owner.-On satisfactory proof of the title of the owner of the property, the magistrate before whom the information is laid, or who examines the charge against the person accused of stealing or embezzling the property, may order it to be delivered to the owner, unless its temporary retention be deemed necessary in furtherance of justice, on his paying the reasonable and necessary expenses incurred in its preservation, to be certified by the magistrate. The order entitles the owner to demand and receive the property.

See Simpson v. St. John, 93 N. Y. 363; Houghton v. Backman, 47 Barb. 388

§ 687. When it comes into custody of magistrate, he must deliver it to owner on proof of title and payment of expenses. — If property stolen or embezzled come into the custody of a magistrate, it must, unless its temporary retention be deemed necessary in furtherance of justice, be delivered to the owner, on satisfactory proof of his title, and on his paying the necessary expenses incurred in its preservation, to be certified by the magistrate.

'See Simpson v. St. John, 93 N. Y. 363; Houghton v. Bachman, 47 Barb. 393.

§ 688. Court in which trial is had for stealing or embezzling it, may order it to be delivered to owner.If property stolen or embezzled have 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.

§ 689. If not claimed in six months, to be delivered to county superintendent of the poor, or, in New York, to commissioners of charities and corrections. If property stolen or embezzled be 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 his custody must, on payment of the necessary expenses incurred in its preservation, deliver it to the county superintendents of the poor, or, in the city of New York, to the commissioners of charities and corrections, to be applied for the benefit of the poor of the county or city, as the case may be.

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§ 690. Receipt for money or property taken from a person arrested for a public offense. Except in the city of New York, when money or other property is taken from a defendant, arrested upon a charge of a crime, 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 two hundred and twenty-one.

§ 691. Duties of police clerks in the city of New York, etc.-The commissioners of police of the city of New York may designate some person to take charge of all property alleged to be stolen or embezzled, and which may be brought into the police office, and all property 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 require and take security for the faithful performance of the duties imposed by this section; and it shall be the duty of every officer into whose possession such property may come to deliver the same forthwith to the person so designated.

CHAPTER XIII.

REPRIEVES, COMMUTATIONS AND PARDONS.

SECTION 692. Power of governor to grant reprieves, commutations and pardons.

693. His power, in respect to convictions for treason; duty of the legislature in such cases.

694. Governor to communicate annually to legislature reprieves, commutations and pardons.

695. Report of case; how and from whom required.

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§ 692. Power of 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. See State Const., art. 4, § 5; 5 Alb. L. J. 17; 7 id. 210; 6 Crim. L. Mag. 457; 59 Am. Dec. 575; 10 Cr. L. Mag. 292; 13 id. 71. 76, note.

A provision in a pardon that it shall not remove disabilities is void. People v. Pease, 3 Johns. Cas. 333.

Pardon of one imprisoned for life does not restore the rights of previous marriage or guardianship. 4 R. S. (8th ed.) 2596, § 7.

The court cannot go behind a pardon, though fraudulently obtained. In re Endymoin, 8 How. Pr. 478.

In case of a breach of a conditional pardon, the recipient may be remanded, and the original sentence executed. People v. Potter, 1 Park. 47.

The governor of a state has power to pardon for contempt. State, ex rel. Van Orden, v. Sauvinet, 24 La. Ann. 119; 13 Am. Rep. 115.

The power to pardon after conviction was vested in the governor by the constitution of Arkansas. Held, that the exercise of the power to pardon before conviction, by the legislature, was not unconstitutional. State v. Nichols, 26 Ark. 74; 7 Am. Rep. 600.

The constitution of Massachusetts placed in the governor the power of pardoning offenses, but provided that no pardon before conviction should avail the party pleading the same. Held, that a pardon granted after verdict of guilty and before sentence was valid. Com. v. Lockwood, 109 Mass. 323; 12 Am. Rep. 699.

The governor was authorized to grant pardons "after conviction." Held, that a pardon after verdict and judgment, but pending an appeal taken by the prisoner, was valid. State v. Alexander, 76 N. C. 231; 22 Am. Rep. 675.

The governor of Virginia commuted defendant's sentence for a felony (three years in the penitentiary) to one year in jail, with the consent of the prisoner. Held, (1) that the governor had the constitutional authority to do such an act; (2) that the act was a conditional pardon and not a commutation, as it substi tuted a different punishment; (3) that the prisoner could be lawfully held to the performance of the condition. Lee v. Murphy, 22 Gratt. 789; 12 Am. Rep. 563.

The governor may annex to a pardon the condition that the recipient shall refrain from the use of intoxicating liquors as a beverage during the remainder of the term of sentence; that he shall use proper exertions for the support of his mother and sister; and that he shall not during the same time be convicted of any criminal offense in the state; and may provide that for a violation of either condition the recipient shall be liable to summary arrest upon the gove ernor's warrant; and upon the breach of the first condition, may revoke the pardon and recommit the recipient. Arthur v. Craig, 48 Iowa, 264; 30 Am. Rep. 395. See 27 Alb. L. J. 241.

A pardon by the president of the United States of one convicted of embezzlement, in a federal court, restores the offender to his right as a voter in the state. Jones v. Board of Registrars, 56 Miss. 766; 31 Am. Rep. 385. See, also, 2 Am. St. Rep. 862, note.

A pardon may be granted after the offense is fully expiated. State v. Foley, 15 Nev. 64; 37 Am. Rep. 458; citing People v. Bowen, 43 Cal. 439; 13 Am. Rep. 148; U. S. v. Jones, 2 Wheeler C. C. 451.

$693. His power, in respect to convictions for treason; duty of the legislature in such cases. 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.

§ 694. Governor to communicate annually to legislature, reprieves, commutations and pardons.—He must annually

communicate to the legislature, each case of reprieve, commuta tion 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.

$695. Report of case; how and from whom required. When application is made to the governor for a pardon, commutation or reprieve, it shall be the duty of the presiding judge of the court before which the conviction was had, and the district attorney by whom the criminal action was prosecuted, or the district attorney of the county where the conviction was had, holding office at the time of such application, to supply the governor, upon his request therefor, and without delay, with a statement of the facts proved on the trial; or, if a trial was not had, the facts appearing before the grand jury which found the indictment, and of any other facts having reference to the propriety of granting or refusing such pardon, commutation or reprieve.

S$ 696-698 repealed in 1882.

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