Page:Revised Codes of the State of North Dakota 1895.pdf/1501

Miscellaneous Provisions. be posted in a conspicuous place on the door of the courthouse of such county for four consecutive weeks prior to the application. The affidavit of the publisher of such newspaper, or the person posting such notice showing that said notice has been published or posted as herein provided, shall also accompany such application.

$ 8437. Who may contest pardon. Notice of. Any person or persons feeling aggrieved by the application for a pardon may contest the same, and for that purpose may appear in person before the governor during the consideration of said application and show cause, by written or oral testimony, why such pardon should not be granted. In case any person objects and desires to contest such application, he may at any time before the same is considered by the governor notify him, in writing, of such desire, and, upon receipt by the governor of any such notice, it shall be his duty to fix a time and place for the hearing of such application and objections, and give reasonable notice thereof to all persons interested and applying or objecting, and such notice may be by mail or publication in the discretion of the governor.

§ 8438. Governor may make additional rules. The governor may in his discretion make such additional rules and regulations governing applications for pardons as may from time to time seem to him best, not in conflict with the provisions of this article; but the provisions of this article shall not apply to the applications for pardon to be granted within thirty days before the time when the convict would otherwise be legally entitled to discharge.

§ 8439. Papers Alled with the secretary of state. 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.

§ 8440. Governor may restore to citizenship. The governor is hereby empowered to restore to citizenship any person convicted of any offense committed against the state, upon cause being shown, either after the execution or expiration of sentence or at any other time.

§ 8441. Form of reprieve and pardon. Each and every remission of a fine or forfeiture and each and every reprieve, commutation, pardon or restoration to citizenship shall be issued by the governor under his official signature and attested by the secretary of state under the great seal of the state.

§ 8442. Governor may issue warrant. The governor is hereby empowered to issue his warrant to all proper officers to carry into effect any act which he has power to do and which is regulated in this article and all such officers are hereby required to obey such warrant.

ARTICLE 9.- Bail.

§ 8443. Admission to bail defined. Admission to bail is the order of a competent court or magistráte that the defendant be discharged from actual custody upon an undertaking with sufficient sureties for his appearance.

§ 8444. Taking of bail defined. The taking of bail consists of the acceptance, by a competent court or magistrate, or legally authorized officer, of the undertaking with sufficient sureties for the appear-

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