with file with the clerk of the court to which the depositions and statement must be sent, as provided in section 221. § 691. Duties of police clerks in the city of New York, etc.-The commissioners of police of the city of New York may designate some person to take charge of all property alleged to be stolen or embezzled, and which may be brought into the police office, and all property 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 require and take security for the faithful performance of the duties imposed by this section, and it shall be the duty of every officer into whose possession such property may come, to deliver the same forthwith to the person so designated, CHAPTER XIII. REPRIEVES, COMMUTATIONS AND PARDONS. SEC. 692. Power of governor to grant reprieves, commutations and pardons. 693. His power, in respect to convictions for treason. Duty of the legislature, in such cases. 694. Governor to communicate annually to legislature, reprieves, commutations and pardons. 695. Report of case, how, and from whom required. 696. Notice to district attorney, of application for pardon. 697. Publication of notice. 698. Papers relating to application, to be filed with secretary of state. § 692. Power of governor to grant reprieves, commutations and pardons.-The governor has power to grant reprieves, commutations and pardons, after conviction, 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. Pardon does not bar other proceedings. Anon, 86 N. Y., 563. § 693. His power in respect to convictions for treason. Duty of the legislature, in such cases. 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. § 694. Governor to communicate annually to legislature. 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. § 695. Report of case, how and from whom required. -When application is made to the governor for a pardon, commutation or reprieve, it shall be the duty of the presiding judge of the court before which the conviction was had, and the district attorney by whom the criminal action was prosecuted, or the district attorney of the county where the conviction was hud, holding office at the time of such application, to supply the governor, upon his request therefor, and without delay, with a statement of the facts proved on the trial; or, if a trial was not had, the facts appearing before the grand jury which found the indictment, and of any other facts having reference to the propriety of granting or refusing such pardon, commutation or reprieve. [Am'd ch. 356 of 1884.] § 696. Repealed. 697. Repealed. § 698. Repealed. PART V. OF PROCEEDINGS IN COURTS OF SPECIAL SESSIONS AND POLICE COURTS. TITLE I. OF THE PROCEEDINGS IN COURTS OF SPECIAL II. OF THE PROCEEDINGS IN THE COURTS OF SPECIAL III. OF APPEALS FROM THE COURTS OF SPECIAL SES SIONS. TITLE I. Of Proceedings in Courts of Special Sessions in the Counties other than New York. SEC. 699. Charge to be read to defendant, and he required to plead. 700. The plea, and how put in. 701. Issue, how tried. 702. Defendant may demand a trial by jury. 703. Jury, how summoned. 704. Summoning the jury, and returning the list. 705. Depositing ballots in box. 706. Drawing the jury. 707. Challenges. 708. Talesmen, when and how ordered and summoned. 709. Punishing officer for not returning list, and issuing new order for jury. 710. Jury, how constituted. 711. Their oath. 712. Trial, how conducted. 713. Jury may decide in court, or retire. Oath of officer on their retirement. 714. Delivering verdict, and entry thereof. 715. Discharge of jury without verdict. 716. In such case, cause to be re-tried. 717. Judgment on conviction. 718. Judgment of imprisonment, until fine be paid. Ex tent of imprisonment. 719. Defendant, on acquittal, to be discharged. that prosecutor pay the costs. 720. Judgment against prosecutor for costs. 721-722. Certificate of conviction. 723. Certificate, when filed. 724. Certificate, conclusive evidence. Its form. Order SEC. 725. Judgment, by whom executed. 726. Fine, by whom received before commitment, and how applied. 727. Fine to whom paid after commitment, and how applied. 728. Proceedings against magistrate or sheriff, on neglect to pay fine into county treasury. 729. Subpoenas for witnesses, and punishing them for 730. Punishing jurors for non-attendance. 732. When defendant requests a trial by police court, 733. During time allowed for bail, and until judgment, defendant to be continued in custody of officer, or committed to jail. 734. Form of commitment. 735. By whom executed. 736. Defendant may be admitted to bail. 737. Bail, how and by whom taken. 738. Form of the undertaking. 739. Undertaking, when forfeited and action thereon. § 699. Charge to be read to defendant, and he required to plead. In the cases in which the courts of special sessions or police courts have jurisdiction, when the defendant is brought before the magistrate, the charge against him must be distinctly read to him, and he must be required to plead thereto. § 700. The plea, and how put in.-The defendant may plead the same pleas as upon an indictment, as provided in section 332. His plea must be oral, and entered upon the minutes of the court. § 701. Issue, how tried.-Upon a plea other than a plea of guilty, if the defendant do not demand a trial by jury, the court must proceed to try the issue. Infant may waive jury trial. Peo. ex rel. Sammons v. Wandell, 21 Hun, 515. § 702. Defendant may demand a trial by jury.Before the court hears any testimony upon the trial, the defendant may demand a trial by jury. Peo. v. James, 16 Hun, 426. § 703. Jury; how summoned.—If a trial by jury be demanded the court shall issue an order directed to any constable of the county or marshal of the city where the offense is to be tried and having authority to execute process from the court, commanding him to summon twelve good and lawful men, qualified to serve as jurors, and not exempt from such service by law, and who shall be in no wise of kin, either to the complainant or the defendant, to appear before such court, at a time not more than three days from the date of the order, and at a place to be named therein, to make a jury for the trial of such offense. §704. Summoning the jury, and returning the list.The officer to whom such order shall be delivered shall execute the same fairly and impartially, and shall not summon any person whom he shall suspect to be biased or prejudiced for or against the defendant. He shall summon the jurors personally, and shall make a list of the persons summoned, which he shall certify and annex to the order and return with it to the court. § 705. Depositing ballots in box.- The names of the persons returned as jurors must be written on separate ballots, folded as nearly alike as possible, so that the name cannot be seen, and must, under the direction of the court, be deposited in a box, or other convenient thing. § 706. Drawing the jury. The court must then draw out six of the ballots, successively; and if any of the persons whose names are drawn do not appear, or are challenged and set aside, such further number must be drawn as will make a jury of six, after all legal challenges have been allowed. See Peo. ex. rel. Eckler v. Clark, 23 Hun, 374; Peo. ex. rel. Murray v. Justices, etc., 74 N. Y., 406; Peo. ex rel. Met. Bd.,etc., v. Lane, 6 Abb. N. S., 105; Duffy v. Peo., 6 Hill, 75; Devine v. Peo., 20 Hun, 98; Peo. v. Dutcher, ib., 241. § 707. Challenges. The same challenges may be taken by either party, to the panel of jurors, or to an individual juror, as on the trial of an indictment for a misdemeanor, so far as applicable; and the challenge must, in all cases, be tried by the court. |