To amend an act entitled "An act to amend Section 1456, Section 1457 and Section 1458 of Bellinger and Cotton's Annotated Codes and Statutes of Oregon, describing the manner of executing the death sentence," approved February 16, 1902, and filed in the office of the Secretary of State February 17, 1903.

Be it enacted by the Legislative Assembly of the State of Oregon and also be it enacted by the People of the State of Oregon: Section 1. That Section 1456, Section 1457 and Section 1458 of Bellinger and Cotton's Annotated Codes and Statutes of Oregon as amended by an act entitled "An act to amend Section 1456, Section 1457 and Section 1458 of Bellinger and Cotton's Annotated Codes and Statutes of Oregon, describing the manner of executing the death sentence," approved February 16, 1903, and filed in the office of the Secretary of State February 17, 1903, be amended to read as follows:

Sec. 1456. When judgment of death is pronounced, a warrant signed by the Judge of the court and attested by the Clerk, with the seal of the court affixed, must be drawn and delivered to the Sheriff of the county. It must state the conviction and judgment, and appoint a day on which the judgment is to be executed, which must not be less than thirty days from the time of judgment, and must direct the Sheriff to deliver the defendant within twenty days from the time of judgment to the Superintendent or the Penitentiary of this state for execution. Said warrant shall authorize and command the Superintendent of the Penitentiary to carry into effect and fully execute the judgment of the court; provided, that in all cases in which judgment of death is pronounced for a crime committed prior to May 17, 1903, a warrant signed by the Judge of the court and attested by the Clerk, with the seal of court affixed, must be drawn and delivered to the Sheriff of the county. The warrant shall state the conviction and judgment and appoint a day on which the judgment is to be executed, which must not be less than thirty days nor more than sixty days from the time of judgment.

Section 2. That Section 1457 of Bellinger and Cotton's Annotated Codes and Statutes of Oregon as amended by an act entitled "An act to amend Section 1456, Section 1457 and Section 1458 of Bellinger and Cotton's Annotated Codes and Statutes of Oregon, describing the manner of executing the death sentence," approved February 16, 1903, and filed in the office of the Secretary of State February 17, ]903, be amended to read as follows.

See. 1457. The punishment of death must be inflicted by hanging the defendant by the neck until he be dead, and the judgment must be executed by the Superintendent or one of the Wardens of the Penitentiary. All executions must take place within the inclosure of the Penitentiary. The Suparintendent of the Penitentiary must be present at the execution, and must invite the presence of one or more physicians, the Attorney-General of the state, the Sheriff of the county in which the judgment was rendered, and at least twelve reputable citizens to be selected by him; and he shall, at the request of the defendant, permit such ministers of the gospel, not exceding two, as the defendant may name, and, in the discretion of the Superintendent of the Penitentiary, such relatives and friends of the defendant as he may designate, not to exceed five, to be present at the execution, together with such peace officers as such Superintendent may think expedient; but no other persons than those mentioned in this section can be present at the execution, nor can any person under the age of twenty-one years be allowed to witness the same; provided, that in all cases in which the punishment of death is inflicted for a crime committed prior to May 17, 1903. The punishment of death must be inflicted by hanging the defendant by the neck until he be dead, and the judgment must be executed by the Sheriff or his deputy of the county in which it is given, unless where the place of trial has been changed, in which case it must be executed in the county where the action was commenced; and all executions shall take place within the inclosure of the jail or jail yard where the defendant is confined, and in the presence of twelve bona fide electors of the county, to be selected by the Sheriff of said county; and the fact of faithful performance of the Sheriff or his deputy in carrying out the sentence of the court shall be certified by the said twelve electors, and filed in the office of the County Clerk.

Section 3. That Section 1458 of Bellinger and Cotton's Annotated Codes and Statutes of Oregon as amended by an act entitled "An act to amend Section 1456, Section 1457 and Section 1458 of Bellinger and Cotton's Annotated Codes and Statutes of Oregon, describing the manner of executing the death sentence," approved February 16, 1903, and filed in the office of the Secretary of State February 17, 1903, be amended to read as follows:

Sec. 1458. In case the place of trial has been changed, the death warrant provided for in Section 1456 shall be delivered to the Sheriff of said county wherein the trial was had, and he shall deliver the same with the defendant to the Superintendent of the Penitentiary, as provided in Section 1456; provided, that in all cases where the crime was committed prior to May 17, 1903, and in case the place of trial has been changed, the death warrant provided for in this act shall be directed to the Sheriff of the county where the action was commenced; and the Judge of the court by an indorsement thereon, signed by him and directed to the Sheriff of the county where judgment was given, shall require such Sheriff to convey and deliver the defendant, together with the warrant, to the Sheriff of the county where the judgment is to be executed.

Section 4. That Section 4 of an act entitled "An act to amend Section 1456, Section 1457 and Section 1458 of Bellinger and Cotton's Annotated Codes and Statutes of Oregon, describing the manner of executing the death sentence," approved February 16, 1903, and filed in the office of the Secretary of State February 17, 1903, in so far as the same may be in conflict with this act, be and the same is hereby repealed.

Section 5. Whereas, for the good order of society, this act is necessary for the immediate preservation of the public peace, health and safety, an emergency exists, and is hereby declared, and this act shall take effect and be in full force on and after its approval by the Governor.

Passed the House December 22, 1903.
Passed the Senate December 22, 1903.
Approved December 24, 1903.

Filed in the office of the Secretary of State December 24, 1903.


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