
    BLANCHARD v. THE STATE.
    Pardon restores convict — execution after is void — if money is collected, it should be restored by order of court, while in hands of the officer.
    A pardon acquits the convict of all the penalties annexed to his conviction.
    Execution issued for the fine or costs after a general pardon, is void, and if money is collected on it and application is made while it is in the hands of the officer; the court should order it to be refunded.
    Error to the Common Pleas. Blanchard was convicted of stealing bank notes, and sentenced tobe imprisoned and to pay the costs. He received a general pardon from the governor. After this execution was issued for costs. Blanchard paid the money; but while it remained in the hands of the sheriff, moved the court to vacate the judgment and execution, and to have the money restored. The facts were admitted. The court being of opinion that the pardon 378] *did not embrace the costs, overruled the motion. To reserve this order, this writ is brought.
    
      Giddings and Wade, for the plaintiff in error,
    cited 1 Bl. C. 6, 276, 8, 9; 4 Bl. C. 316, 17, 398, 9, 333, 7, 376, 402; 5 Jac. Law. D. 26, 7, 30, 32; 1 Phil. Ev. 29; 2 N. Y. Dig. 673; 10 John. 242; 3 John. Ca. 333.
    
      R. Harper contra.
   LANE, J.

The pardon acquitted Blanchard of all the penalties annexed to the conviction ; 10 John. 332 ; Hawk. Pardon, Ch. 37, 8, 34, 5. The execution issued after pardon was void. It should have been set aside, and the money improperly collected on it, and then in court, should have been restored. The order is reversed.

[Pardon relieves from costs. Commented on and distinguished (statute changed); Libby v. Nicola, 21 O. S. 414, 420.]  