Page:Revised Codes of the State of North Dakota 1895.pdf/1500

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§§ 8431-8436
CRIMINAL PROCEDURE.
Miscellaneous Provisions.

pliance with the provisions hereof if the entries are made in his docket.

ARTICLE 8.-REPRIEVES, COMMUTATIONS AND PARDONS.

§ 8431. Governor may grant. The governor of this state has the power to remit fines and forfeitures; to grant reprieves, commutations and pardons, after conviction for all offenses, except treason and in cases of impeachment, upon such conditions and with such restrictions and limitations as he may think proper; provided, application therefor is made in the manner prescribed in this article, and not otherwise.

§ 8432. Same. Treason. Legislative assembly. The governor also has the power to, and may, suspend the execution of a sentence upon a conviction for treason, until the case can be reported to the legislative assembly at its next regular session, when the legislative assembly may either pardon or commute the sentence, direct the execution thereof or grant a further reprieve.

§ 8433. Governor must report. Contents. The governor must communicate to the legislative Assembly at the beginning of each regular session thereof, each case of remission of fine or forfeiture and commutation or pardon granted since the last report, stating the name of the person relieved, the crime for which he was convicted, the sentence and its date and his action thereon with his reasons for granting the relief.

§ 8434. Application for pardon. Report required. 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 state's 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 the pardon.

§ 8436. Application for pardon restricted. All applications for pardons on behalf of any person or persons convicted in any court in this state, of any crime, punishable under the laws thereof by imprisonment in the penitentiary, and sentenced to such imprisonment, shall be made and conducted in the manner hereinafter prescribed.

§ 8436. Notices. Service. Publication. Contents. Notice of the application for such pardon shall be given to the judge who presided at the trial. or his successor in office and the state's attorney, or his successor in office of the county, who prosecuted the action against such person or persons so convicted and sentenced, at least thirty days before such application is filed with the governor: the service of such notice upon the judge and state's attorney shall be made, and the return thereof certified in the same manner as now prescribed for the service of summons in the district court, and such certificate of service shall accompany every application to the governor. A notice of such application, setting forth the name, age and sex of the person or persons on whose behalf it is made, the crime of which he was convicted, and the time and place of such conviction and the term of imprisonment, shall also be published at least once a week for four consecutive weeks, in some newspaper of general circulation in the county where the offense for which a pardon is sought was committed; or if there is no newspaper published therein, then such notice shall

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