NOTE – See sections 10 – 11 – 12 of Ch. 489, L. 1888 on p. 110. Kemmler vs. Durston, 119 N. Y., p. 575.To sections list above.

TIME OF EXECUTION.– § 492.

The week so appointed must begin not less than four weeks and not more than eight weeks after the sentence. The time of the execution within said week shall be left to the discretion of the agent and warden to whom the warrant is directed; but no previous announcement of the day or hour of the execution shall be made, except to the persons who shall be invited or permitted to be present at said execution as hereinafter provided. (As amended by Ch. 489, L. 1888.)

NOTE - See sections 10-11-12 of Ch. 489, L. 1888 on p. 110.To sections list above.

GOVERNOR MAY CONSULT JUDGES, ETC. - § 494.

The Governor is authorized to require the opinion of the judges of the Court of Appeals, justices of the Supreme Court, and the Attorney-General, or of any of them, upon a statement so furnished.

GOVERNOR ONLY TO REPRIEVE, EXCEPT, ETC. - § 495.

No judge, court, or officer, other than the Governor, can reprieve or suspend the execution of a defendant sentenced to the punishment of death, except where a sheriff is authorized so to do, in a case and in the manner prescribed in the following sections of this chapter. This section does not apply to a stay of proceedings upon an appeal or writ of error.

PROCEDURE WHEN CONVICT BECOMES INSANE.- § 496.

If, after a defendant has been sentenced to the punishment of death, there is reasonable ground to believe that he has become insane, the sheriff of the county in which the conviction took place, with the concurrence of a justice of the Supreme Court, or the county judge of the county, who may make an order to that effect must empanel a jury of twelve persons of that county, qualified to serve jurors in a court of record, to examine the question of the sanity of the defendant. The sheriff must give at least seven days notice of the time and place of the meeting of the jury to the district attorney of the county. Section 108 of the Code of Civil Procedure regulates the impaneling of such a jury, and the proceedings upon the inquisition so far as it is applicable.

DUTIES OF DISTRICT ATTORNEY.- § 497.

The district attorney must attend the inquiry. He may produce witnesses before the jury; for which purpose he has the same power to issue subpoenas, as for witnesses to attend a grand jury, and disobedience thereto may be punished by the Supreme Court, at any term thereof, in the same manner as disobedience to process issued by that court. (As amended by Ch. 880, L. 1895.)

INQUISITION; EXECUTION, WHEN SUSPENDED. - 498.

The inquisition of the jury must be signed by the jurors and the sheriff. If it be found by the inquisition that the defendant is insane, the sheriff must suspend execution of the warrant directing the defendant's death, until he receives a warrant from the Governor, directing that the defendant be executed.

SHERIFF TO TRANSMIT INQUISITION TO GOVERNOR- GOVERNOR TO ACT THEREON.- § 499.

The sheriff must immediately transmit the inquisition to the Governor; who, as soon as he is satisfied of the sanity of the defendant, or of his restoration to sanity, must issue his warrant, appointing a time and place for the execution of the latter, pursuant to his sentence, unless the sentence is commuted or the convict pardoned, and may in the meantime give directions for the disposition and custody of the defendant.

WHEN FEMALE CONVICT IS PREGNANT; PROCEEDINGS TO BE TAKEN.- § 500.

If there is reasonable ground to believe that a female defendant, sentenced to the punishment of death, is, pregnant, the sheriff of the county where the conviction took place must impanel a jury of six physicians to inquire into her pregnancy. Sections 497 and 498 of this code apply to the proceedings upon the inquisition, except that the sheriff may, in his discretion, require one or more of the physicians composing the jury to attend from the adjoining county. A physician, acting as a juror upon such an inquisition, need not be qualified to serve as a juror in a court of record.

INQUISITION: DUTY OF SHERIFF. - § 501.

The inquisition of the jury must be signed by the jurors and the sheriff. If it is found by the inquisition that the defendant is quick with child, the sheriff must suspend the execution of the warrant directing her execution, until he receives a warrant from the Governor, directing that the convict be executed.

SHERIFF TO TRANSMIT INQUISITION TO GOVERNOR; GOVERN­OR'S DUTY. - § 502.

The sheriff must immediately transmit the inquisition to the Governor, who, as soon as he is satisfied that the defendant is no longer quick with child, may issue his warrant, appointing a time and place for her execution, pursuant to her sentence, or may commute her punishment to imprisonment for life.

WHEN DAY OF EXECUTION PASSES OTHER THAN BY REASON OF INSANITY OR PREGNANCY. - § 503.

Whenever, for any reason other than insanity or pregnancy, a defendant sentenced to the punishment of death has not been executed, pursuant to the sentence, at the time specified thereby, and the sentence or judgment inflicting the punishment stands in full force, the Court of Appeals or a judge thereof or the Supreme Court or a justice thereof, upon application by the Attorney-General or of the district attorney of the county where the conviction was had, must make an order directed to the agent and warden or other officer in whose custody said defendant may be, commanding him to bring the convict before the Court of Appeals or a term of the Appellate Division of the Supreme Court in the department, or a term of the Supreme Court in the county where the conviction was had. If the defendant be at large, a warrant may be issued by the Court of Appeals or a judge thereof, or by the Supreme Court or a justice thereof, directing any sheriff or other officer to bring the defendant before the Court of Appeals or a term of the Appellate Division of the Supreme Court thereof, or before a term of the Supreme Court in that county. (As amended by Ch. 880, L. 1895.)

COURT TO INQUIRE, ETC. - § 504.

Upon the defendant being brought before the court, it must inquire into the circumstances, and if no legal reason exists against the execution of the sentence, it must issue its warrant to the agent and warden of the State prison mentioned in the original warrant and sentence, under the hands of the judge or judges, or a majority of them, of whom the judge presiding must be one, commanding the said agent and warden to do execution of the sentence during the week appointed therein. The warrant must be obeyed by the agent and warden accordingly. The time of the execution within said week shall be left to the discretion of the agent and warden, to whom the warrant is directed; but no previous announcement of the day or hour of the execution shall be made, except to the persons who shall be invited or permitted to be present at said execution as hereinafter provided. (As amended Ch. 489, L. 1888.)

NOTE - See sections 10-11-12 of Ch. 489, L. 1888 on p. 110. To sections list above.

DEATH PENALTY-MODE OF INFLICTION.- § 505.

The punishment of death must, in every case, be inflicted by causing to pass through the body of the convict a current of electricity of sufficient intensity to cause death, and the application of such current must be continued until such convict is dead. (As amended by Ch. 489, L. 1888.)

NOTE - See sections 10-11-12 of Ch. 489, L. 1888 on p. 110.To sections list above.

DEATH PENALTY, WHERE INFLICTED. - § 506.

The punishment of death must be inflicted within the walls of the State prison designated in the warrant, or within the yard or enclosure adjoining thereto. (As amended by Ch. 489, L. 1888.)

NOTE - See sections 10-11-12 of Ch. 489, L. 1888 on p. 110.To sections list above.

PERSONS PRESENT. - § 507.

It is the duty of the agent and warden to be present at the execution, and to invite the presence, by at least three days previous notice, of a justice of the Supreme Court, the district attorney. And the sheriff of the county where the conviction was had, together with two physicians and twelve reputable citizens of full age, to be selected by said agent and warden. Such agent and warden must, at the request of the criminal, permit such ministers of the Gospel, priests or clergymen of any religious denomination, not exceeding two, to be present at the execution; and in addition to the persons designated above, he shall also appoint seven assistants or deputy sheriffs who shall attend the execution. He shall permit no other person to be present at such execution except those designated in this section. Immediately after the execution a post-mortem examination of the body of the convict shall be made by the physicians present at the execution, and their report in writing stating the nature of the examination, so made by them, shall be annexed to the certificate hereinafter mentioned and filed therewith. After such post-mortem examination, the body, unless claimed by some relative or relatives of the person so executed, shall be interred in the graveyard or cemetery attached to the prison, with a sufficient quantity of quick-lime to consume such body without delay; and no religious or other services shall be held over the remains after such execution, except within the walls of the prison where said execution took place, and only in the presence of the officers of said prison, the person conducting said services, and the immediate family and relatives of said deceased prisoner. Any person who shall violate or omit to comply with any provision of this section shall be guilty of a misdemeanor. (As amended by Ch. 16, L. 1892.)

§ 508. CERTIFICATE OF EXECUTION.-

The agent and warden attending the execution must prepare and sign a certificate, setting forth the time and place thereof, and that the convict was then and there executed, in conformity to the sentence of the court and the provisions of this code, and must procure such certificate to be signed by all the persons present and witnessing the execution. He must cause the certificate, together with the certificate of the post-mortem. examination mentioned in the preceding section, and annexed thereto, to be filed within ten days after the execution, in the office of the clerk of the county in which the conviction was had. (As amended by Ch. 489, L. 1888.)

NOTE - See sections 10-11-12 of Ch. 489, L. 1888 on p. 110. To sections list above.

§ 509. DISABILITY OF WARDEN TO EXECUTE DEATH WARRANT.

In case of the disability, from illness or other sufficient cause, of the agent and warden to whom the death warrant is directed, to be present and execute said warrant, it shall be the duty of the principal keeper of said prison, or such officer of said prison as may be designated by the Superintendent of State Prisons, to execute the said warrant, and to perform all other duties by this act imposed upon said agent and warden. (As amended by. Ch. 489, L. 1888.)

NOTE- Ch. 489, L. 1888, which amended several sections of the fore­going, contained also the following three sections.

§ 10. Nothing contained in any provision of this act applies to a crime committed at any time before the day when this act takes effect. Such crime must be punished according to the provisions of law existing when it is committed, in the same manner as if this act had not been passed; and the provisions of law for the infliction of the penalty of death upon convicted criminals, in existence on the day prior to the passage of this act, are continued in existence and applicable to all crimes punishable by death, which have been or may be committed before the time when this act takes effect. A crime punishable by death committed after the beginning of the day when this act takes effect, must be punished according to the provisions of this act, and not otherwise.

§ 11. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed.

§ 12. This act shall take effect on the first day of January, one thousand eight hundred and eighty-nine, and shall apply to all convictions for crimes punishable by death, committed on or after that date. To sections list above.