Page:1939 North Dakota Session Laws.pdf/211

196 whose behalf application is made; the crime of which he was convicted; the time and place of conviction; and the term of imprisonment; and the name of the judge who presided and the state's attorney who prosecuted. Service of such notice shall be made by registered mail, and in cases of murder, manslaughter in the first degree, rape by force, kidnapping, or first degree robbery such notice shall be posted in a conspicuous place at the front door of the courthouse of such county for four consecutive weeks prior to said hearing. Proof of the posting of said notice shall be filed with the clerk of the board before hearing. Provided that a reprieve in capital cases may be granted, as provided in Section 11100, as amended by Chapter 248 of the Laws of 1935, without such notice. Provided, further that an application for pardon, commutation or parole may, also, be heard at a special meeting, called in case of emergency, under Section 11100, C. L. 1913, as amended by Chapter 248, Laws of 1935; but no such application shall be heard unless there is filed a written statement signed by the applicant or someone in his behalf, setting forth the facts as to the emergency, and the board shall first determine whether an emergency does in fact exist; and if it finds there is no emergency, no further action shall be taken. If the board finds there is an emergency, then a hearing may be had upon such notice to the judge and the state's attorney as the board may deem sufficient.

§ 2. .] That Section 11106 of the Compiled Laws of North Dakota for 1913, be amended and re-enacted as follows:

§ 11106. .] The three ex officio members of the Board of Pardons, to-wit: the Governor, Attorney General and Chief Justice of the Supreme Court, shall appoint a clerk for the board, who shall keep a docket of all applications filed and of all action taken thereon, and preserve a record of every petition received for a pardon, parole, reprieve or commutation of sentence and of every letter or paper filed or appearance made in connection therewith, and of every pardon, parole, reprieve or commutation of sentence granted or refused, and the reason assigned therefor. A complete and accurate filing system of all proceedings before said board shall be maintained by the clerk. The clerk shall keep all files and records and perform such duties in relation thereto as shall be prescribed by the board, and all such records and files shall be kept and preserved in the office of said clerk. The clerk shall also perform such other duties as may be assigned to him by the board. The said ex officio members of the Board of Pardons shall appoint one or more parole officers, one of whom may be the clerk of said board. Such parole officer or officers shall have supervision over and look after the welfare of persons whose sentences have been suspended or who have been paroled. It shall be the duty of such parole officers to keep a complete record of the persons under their supervision, and