The weekly standard., 1870-06-22
Pardons, Commutations, sc.

The Constitution of the State provides
that ".the Governor shall have power to
grant reprievcs, combinations and pardons,
after conviction, for all offences, Except in
cases of impeachment,) upon such condi-
tions as he may think proper, subject to
sueh regulations as may be providedby
law relative to the manner of applying for
pardon" ...-.
The following law on the subject was
passed by the last General Assembly. All
persons applying for pardons or commuta-
tions must, comply with this law. We
trust the newspapers of the State will copy
this law, so that parties interested may have
an opportunity of seeing it. -s
AN ACT TO REGULATE THE MANNER OF AP-
PLYING FOR PARDoNs.
WHEREAS, The constitution declares, ar
ticle three, section six, that the governor
shall have power to grant reprieves, COM
mutation and pardons, after conviction, for
all offences, Except in cases of impeach-
mcnt,) upon such conditions as he may
think proper, subject to such regulations as
may be provided by law relative to the man
ner of applying for pardons; now therefore,
| for regulations thereof,
The General assembly Of North Carolina
| do enact: . ....
SEcNoN 1. Hop application to be made
| Every application for pardon must be
made to the Governor in writing, signed by
the party convicted, or some person in his
behalf. .,.. ....
Sec. Q. What application to contain:
Every such application shall contain the
| grounds and reasons upon which the execu.
tive pardon is asked, and shall be in every
case accompanied by certified copy Of the
Indictment, and the verdict and Judgment
of the court thereon, together with state
ment of the evidence both for and against
the prisoner, which statement shall be veri
fed by the oath of the judge who tried thu
criminal action, or the solicitor of the STATE
who prosecuted the same, or of three juror
who heard the case and rendered the verdict
and said oath shall be to the effect that thu
statement is true and contains substantial
account of all the testimony given on thu
trial of the party convicted.
| SEC. 3. Notice to judge and solicitor! d
The Governor shall in no case conside
any application for pardon unless it appear
that copy Of said application therefor ha
been ssrred on the jRdge mo tried and tli
solicitor who prosecuted the party convicted
at least ten days before such application
presented to the Governor; such service ma
be made and certified by any sheriff, col
oner, or constable, or by any counsel repre-
senting the convict. ...
4 Sec. 4. Duty of attorney general:
Nc pardon shall issue until the same ha
been submitted to the attorney general, VIII
shall certify thereon that the provisions a
this act respecting the manner of applica
ton, have been complied with. Ice.
| SEC. ). What parolons cold.
Every pardon granted contrary to the pro
visions Of this act and without the certi
| ticate of the attorney general, specified il
the last section, shall be void and of n'
effect whatever, and every officer having
custody of any convict in whose behalf sucl
pretended pardon has been granted, shal
proceed to execute the sentence of the cour
in the particular case, such pretended par
don to the contrary Notwithstanding
SEC. 6. When act to 90 into effect
| This act shall be in force from its ratiiica
ton. Id.
| Ratified the 2Sth day of March, A. D. 1870