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CHAPTER X.

ENTITLING AFFIDAVITS.

§ 1401. Affidavits defectively entitled, valid.

§ 1401. Affidavits defectively entitled, valid. It is not necessary to entitle an affidavit or deposition in the action, whether taken before or after indictment or information, or upon an appeal; but if made without a title, or with an erroneous title, it is as valid and effectual for every purpose as if it were duly entitled, if it intelligibly refer to the proceeding, indictment, information, or appeal in which it is made. En. February 14, 1872. Am'd. 1880, 30.

Crim. Prac. Act, sec. 600. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

CHAPTER XI.

ERRORS AND MISTAKES IN PLEADINGS AND OTHER PROCEEDINGS.

1404. When not material.

§ 1404. When not material. Neither a departure from the form or mode prescribed by this code in respect to any pleading or proceeding, nor an error or mistake therein, renders it invalid, unless it has actually prejudiced the defendant, or tended to his prejudice, in respect to a substantial right. En. February 14, 1872.

Cal.Rep. Cit. 48, 559; 49, 390; 53, 494;
57, 99; 57, 100; 59, 384;
64, 372; 64, 426; 67,
102, 242; 115, 306; 116, 198;

56;

57, 90; 57, 98; 62, 521; 64, 213;

94, 119; 96, 319;

62, 520; 93, 583; 120, 663; 133, 12; 138, 536.

Crim. Prac. Act, sec. 601. En. April 20, 1850. Rep.

1851, 290. En. 1851, 212.

Cal.Rep. Cit. 28, 329; 28, 331; 33, 101; 62, 520.

CHAPTER XII.

DISPOSAL OF PROPERTY STOLEN OR EMBEZZLED.

§ 1407.

§ 1408. § 1409.

§ 1410.

§ 1411.

§ 1412.
§ 1413.
§ 1407.

Peace officer must hold property subject to the order of magistrate.

Order for its delivery to owner.

Magistrate must deliver it to owner.

Court in which trial is had may order its delivery.

Delivered to county treasurer if not claimed in six months.
Receipt for money, etc., taken from person arrested.
Record of property alleged to be stolen.

Peace officer must hold property subject to the order of magistrate. When property, alleged to have been stolen or embezzled, comes into the custody of a peace officer, he must hold it subject to the order of the magistrate authorized by the next section to direct the disposal thereof. En. February 14, 1872.

Crim. Prac. Act, sec. 602. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 1408. Order for its delivery to owner. On satisfactory proof of the ownership of the property, the magistrate before whom the information is laid, or who examines the charge against the person accused of stealing or embezzling it, must order it to be delivered to the owner, on his paying the necessary expenses incurred in its preservation, to be certified by the magistrate. The order entitles the owner to demand and receive the property. En. February 14, 1872.

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Crim. Prac. Act, sec: 603. 1851, 290. En. 1851, 212.

En. April 20, 1850. Rep.

§ 1409. Magistrate must deliver it to owner. If property stolen or embezzled comes into custody of the 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. En. February 14, 1872.

Crim. Prac. Act, sec. 604. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 1410. Court in which trial is had may order its delivery. If the property stolen or embezzled has 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. En. February 14, 1872.

Crim. Prac. Act, sec. 605. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 1411. Delivered to county treasurer if not claimed in six months. If the property stolen or embezzled is 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 custody must, on the payment of the necessary expenses incurred in its preservation, deliver it to the county treasurer, by whom it must be sold and the proceeds paid into the county treasury. En. February 14, 1872.

Crim. Prac. Act, sec. 606. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 1412. Receipt for money, etc., taken from person arrested. When money or other property is taken from a defendant, arrested upon a charge of a public offense, 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 are to be sent. When such property is taken by a police officer of any incorporated city or town, he must deliver one of the receipts to the defendant, and one, with the property, at once to the clerk or other person in charge of the police office in such city or town. En. February 14, 1872.

Crim. Prac. Act, sec. 607. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 1413. Record of property alleged to be stolen. The clerk in, or person having charge of, the police office in any incorporated city or town, must enter in a suitable book 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. En. February 14, 1872.

§ 1417.

§ 1418. § 1419.

§ 1420.

§ 1421. § 1422.

§ 1423.

CHAPTER XIII.

REPRIEVES, COMMUTATIONS, AND PARDONS.

Governor may grant reprieves, commutations, and pardons.
His power in respect to convictions for treason.

To communicate to the legislature reprieves, commutations,
and pardons.

Report of case, how and from whom required.

Notice to district attorney of application for pardon.
Publication of notice.

When two preceding sections are not applicable.

§ 1417. Governor may 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. En. February 14, 1872.

Cal.Rep.Cit. 68, 180.

Pardoning power: See Fed. Const., art. II, sec. 2, subd. 1; Const. Cal., art. VII, sec. 1.

§ 1418. His power in respect to convictions for treason. He may 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 may either pardon, direct the execution of the sentence, or grant a further reprieve; provided, that neither the governor nor the legislature shall have power to grant pardons or commutations of sentence in any case where

the convict has been twice convicted of felony, after the first day of January, eighteen hundred and eighty, unless upon the written recommendation of a majority of the judges of the supreme court. En. February 14, 1872. Am'd. 1880, 2.

Cal.Rep.Cit. 68, 180.

1419. To communicate to the legislature reprieves, commutations, and pardons. He must, at the beginning of every session, 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, and the reasons for granting the same. En. February 14, 1872. Am'd. 1880, 3.

§ 1420. Report of case, how and from whom required. When an application is made to the governor for a pardon, he may require the 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 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. En. February 14, 1872.

Cal.Rep.Cit. 68, 180.

§ 1421. Notice to district attorney of application for pardon. At least ten days before the governor acts upon an application for 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. En. February 14, 1872.

§ 1422. Publication of notice. Unless dispensed with by the governor, a copy of the notice must also be published for thirty days from the first publication, in a paper in the county in which the conviction was had. En. February 14, 1872.

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