Page:1887 Compiled Laws of Dakota Territory.pdf/1235

Reprieves and Pardons.

§ 7595. The governor has power to grant reprieves, commutations and pardons, after convictions, 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.

§ 7596. He may also suspend the execution of the sentence upon a conviction for treason, until the case can be reported to the legislature at the next meeting, when the legislature must either pardon or commute the sentence, direct the execution thereof, or grant a further reprieve.

§ 7597. 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.

§ 7598. 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 furnish him, without delay, with the statement of the facts proved on the trial, and of any other facts having reference to the propriety of granting the pardon.

§ 7599. All applications for pardons on behalf of any person or persons convicted in any court in this territory, of any crime punishable under the laws thereof by imprisonment in the territorial prison, and sentenced to such imprisonment, shall be made and conducted in the manner hereinafter prescribed.

§ 7600. Notice of the application for such pardon shall be given to the judge who presided at the trial, or his successor in office, and to the district attorney, or his successor in office, of the district, who prosecuted the indictment against such person or persons so convicted and sentenced, at least thirty days before such application shall be filed with the governor; the service of such notice upon the judge and district attorney aforesaid, shall be made and the return thereof certified in the same manner as now provided for the service of summons in the district court, and such certificate of service shall accompany every such application to the governor; a notice of such application, setting forth the name of the person or persons on whose behalf it is made, the crime of which he shall have been convicted, the time of such conviction and the term of imprisonment, shall also be published at least once each week for four successive weeks in some newspaper of general circulation in the county where the offense for which pardon sought was committed; or if there be no newspaper published therein, then such notice shall be posted in a conspicuous place on the door of the court house of such county for four successive weeks prior to the application; the affidavit of the publisher of such paper or the person posting such notice, shall also accompany such application showing that such notice has been published or posted as herein provided.