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§ 755. If property stolen or embezzled come into the custody of a magistrate, it must 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.

Same in substance as 2 R. S., 3d ed., 832, sec. 36.

§ 756. 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.

Same in substance as 2 R. S., 3d ed., 832, sec. 37; except that it authorises the order to be made by the court in which a trial for stealing or embezzling the property is had, instead, as there prescribed, of the court in which a conviction is had. It does not follow that, because the defendant is acquitted, the prosecutor is not entitled to the property. The acquittal may, and almost invariably does, proceed upon other grounds than a dispute of the title of the person from whom the property is alleged to be taken.

§ 757. 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 governors of the alms house, to be applied for the benefit of the poor of the county or city, as the case may

be.

Same in substance as 2 R. S., 3d ed., 832, sec. 38.

§ 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.

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§ 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.

CHAPTER XIII.

REPRIEVES, COMMUTATIONS AND PARDONS.

Power of governor to grant reprieves, commutations and pardons. 762. 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.

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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 urnish 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.

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