If, upon the trial of that question, it is found that he is sane, judgment must be pronounced; but if found insane, he must be committed to the state lunatic asylum until he becomes sane; and when notice is given of that fact, he must be brought before the court for judgment; 2. That he has good cause to offer, either in arrest of judg ment, or for a new trial; in which case the court may, in its discretion, order the judgment to be deferred, and proceed to decide upon the motion in arrest of judgment or for a new trial. See People v. Osterhout, 34 Hun, 262; People v. Menken, 3 N. Y. Cr. Rep. 443. $482. If no sufficient cause shown, judgment to be pronounced. If no sufficient cause be alleged, or appear to the court, why judgment should not be pronounced, it must thereupon be rendered. $483. Court may summarily inquire into circumstances in aggravation or mitigation of punishment. After a plea or verdict of guilty, in a case where a discretion is conferred upon the court as to the extent of the punishment, the court, upon the suggestion of either party, that there are circumstances which may be properly taken into view, either in aggraration or mitigation of the punishment, may, in its discretion, hear the same summarily at a specified time, and upon such notice to the adverse party as it may direct. See People v. Bradner, 107 N. Y. 12; People v. Vermilyea, 7 Cow. 108. 8484. Judgment to pay fine. The power to remit a fine posed by any court, whether of record or not of record, imposed for any criminal offense whatever, shall only be exercised as in this section provided. Any court of record, except an inferior court of local jurisdiction, which has imposed a fine for any criminal offense, or the presiding judge thereof, or any judge arthorized to preside therein, shall have power in his discretion, five days' notice to the district attorney of the county in which such fine was imposed, to remit such fine or any portion thereof. In case of a fine imposed by a court not of record or by any inferior court of local jurisdiction for any criminal offense Thatever, the county judge of the county in which the fine was imposed, and in case of a fine imposed by such a court in the city of New York, the court of general sessions, or any judge thereo upon five days' notice to the district attorney of the county in whic such fine was imposed, shall have the same power. A judgme that the defendant pay a fine may also direct that he be impr oned until the fine be satisfied, specifying the extent of the in prisonment, which cannot exceed one day for every one dollar the fine. See § 718, post. People, ex rel. Stokes, v. Risley, 4 N. Y. Cr. Rep. 110; Hun, 281; Matter of Hoffman, 1 N. Y. Cr. Rep. 484; Matter of Bray, 34 St Rep. 643; Matter of Bryant, 24 Fla. 278; 12 Am. St. Rep. 200, 202, note. $485. The judgment-roll. When judgment upon a c viction is rendered, the clerk must enter the same upon minutes, stating briefly the offense for which the conviction been had; and must, upon the service upon him of notice appeal, immediately annex together and file the following pap which constitute the judgment-roll: 1. A copy of the minutes of a challenge interposed by the fendant to a grand juror, and the proceedings and decis thereon; 2. The indictment and a copy of the minutes of the plea demurrer ; 3. A copy of the minutes of a challenge, which may been interposed to the panel of the trial jury, or to a juror participated in the verdict, and the proceedings and deci thereon; 4. A copy of the minutes of the trial; 5. A copy of the minutes of the judgment; 6. A copy of the minutes of any proceedings upon a m either for a new trial or in arrest of judgment; 7. The bill of exceptions, if there be one; 8. When the judgment is of death, the clerk, in additio the foregoing, must forthwith cause to be prepared and printe number of copies of the stenographer's minutes and judg roll which are required by the rules of the court of appeals, v shall form the case and exceptions upon which the appeal sh heard, and three copies shall also be furnished to the defend attorney and three to the district attorney and one to the ernor of the state, and the remainder distributed according t rules of the court of appeals. The expense of preparing printing the minutes and judgment-roll shall be a county charge, payable out of the court fund upon the certificate of the county clerk, approved by the county judge of the county in which the conviction was had, but in the city and county of New York such expense shall be payable on the certificate of the clerk of the court in which the conviction was had, approved by the judge presiding at the trial. See People v. Bradner, 107 N. Y. 11; People v. McQuade, 110 id. 284; 21 Abb.. N.C. 448; People v. Carlton, 115 id. 618; People v. O'Neil, 47 Hun, 155; People v. O'Donnell, 46 id. 358; People v. Sharp, 45 id. 504: People v. Beckwith, 42 id. People v. Osterhout, 34 id. 262; People v. Mangano, 29 id. 263; Ostrander People, id. 519; People v. Petrea, 30 id. 102; People v. Hovey, id. 557; People Bock, 1 N. Y. Cr. Rep. 393; People v. Petmecky, 2 id. 458; People v. Tyrrell, Bid. 148; People v. Havens, id. 287; People v. Joyce, 4 id. 344, 348; People v. Schad, 58 Hun, 572; 35 State Rep. 148. CHAPTER II. THE EXECUTION. ECTION 486. Authority for the execution of a judgment, except of death. 488. Judgment of imprisonment; by whom and how executed. 490. Duty of sheriff. $486. Authority for the execution of a judgment, cept of death.-When a judgment, except of death, has en pronounced, a certified copy of the entry thereof upon the inutes must be forthwith furnished to the officer whose duty it to execute the judgment; and no other warrant or authority necessary to justify or require its execution. See People v. Bradner, 107 N. Y. 12. Sentence void in part may be enforced as to the valid portion if properly arable and ignored as to the illegal and void part. People, ex rel. Trainor, Baker, 89 N. Y. 460. $487. Commitment of the defendant. If the judgment e imprisonment, or a fine and imprisonment until it be paid, the efendant must forthwith be committed to the custody of the super officer, and by him detained until the judgment be complied with. See People v. O'Neil, 47 Hun, 156. Sentence must be definite. A sentence in the disjunctive, providing the the defendant pay a specified fine or be imprisoned for a specified period, ca not be imposed. Matter of Hoffman, 1 N. Y. Cr. Rep. 484. A prisoner is not detained by virtue of the mittimus, but by virtue of th judgment; hence a defect in the warrant of commitment is immaterial, Peop ex rel. Trainor, v. Baker, 89 N. Y. 461. § 488. Judgment of imprisonment; by whom and ho executed.-When the judgment is imprisonment in a coun jail, or a fine and that the defendant be imprisoned until it paid, the judgment must be executed by the sheriff of the count In all other cases, when the sentence is imprisonment, the sher of the county must deliver the defendant to the proper officer, execution of the judgment. In case of misdemeanor, sentence begins to run from the day it is pronound and any time the prisoner may be detained in the county jail must be cred on his sentence. People v. Lincoln, 25 Hun, 306; 62 How. Pr. 412. See Pe v. McEwen, id. 226. § 489. Duty of sheriff. — If the judgment be imprisonm except in a county jail, the sheriff must deliver a copy of entry of the judgment upon the minutes of the court, toget with the body of the defendant, to the keeper of the prison which the defendant is to be imprisoned. See People v. O'Neil, 47 Hun, 156. § 490. Duty of sheriff. — The sheriff or his deputy, w conveying the defendant to the proper prison, in execution judgment of imprisonment, has the same authority to require assistance of any citizen of this state, in securing the defend and in retaking him if he escape, as if the sheriff were in own county; and every person who refuses or neglects to the sheriff, when so required, is punishable, as if the sheriff in his own county. TITLE X. GENERAL PROVISIONS IN RELATION TO THE PUNISHMENT OF C CHAPTER I. The death penalty. II. Second offenses, habitual criminals, and special penal dise CHAPTER I. THE DEATH PENALTY. SECTION 491. Warrant for execution of convict, 492. Time of execution, 493. Judge must transmit certain papers to governor. 494. Governor may consult judges, etc. 495. Governor only to reprieve, etc., except as provided in the follow ing sections. 496. If convict becomes insane, sheriff to impannel jury. 497. Duty of district attorney. 498. Inquisition; suspension of execution. 499. Sheriff to transmit inquisition to governer; governor's duty. 501. Inquisition; suspension of execution. 502. Sheriff to transmit inquisition to governor; governor's duty. warrant. 504. Court to inquire, etc.; when to direct execution. 505. Death penalty; mode of infliction. 506. Death penalty; where inflicted. 507. Death penalty; who to be present. 508. Death penalty; certificate after execution. 509. Death penalty; when inflicted by sheriff in an adjoining county. 491. Warrant for execution of convict. When a deendant is sentenced to the punishment of death, the judge or adges holding the court at which the conviction takes place, or a majority of them, of whom the judge presiding must be one, nst make out, sign and deliver to the sheriff of the county, a Parrant, stating the conviction and sentence, and appointing the week within which sentence must be executed. Said warrant must be directed to the agent and warden of the state prison of this state designated by law as the place of confinement for conricts sentenced to imprisonment in a state prison in the judicial. strict wherein such conviction has taken place, commanding Such agent and warden to do execution of the sentence upon some day within the week thus appointed. Within ten days after the ing of such warrant, the said sheriff must deliver the defendt, together with the warrant, to the agent and warden of the ate prison therein named. From the time of said delivery to |