situation in which he was before the trial was had. En. February 14, 1872.

Crim. Prac. Act, sec. 633. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 1453. Judgment to be entered in the minutes. If the judgment is not arrested, or a new trial granted, judgment must be pronounced at the time appointed, and entered in the minutes of the court. En. February 14, 1872.

Crim. Prac. Act, sec. 634. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Judgment, rendition of: Ante, sec. 1445.

§ 1454. Discharge of defendant on judgment of acquittal or fine only. If judgment of acquittal is given, or judgment imposing a fine only, without imprisonment for nonpayment, and the defendant is not detained for any other legal cause, he must be discharged as soon as the judgment is given. En. February 14, 1872.

Crim. Prac. Act, sec. 635. En. April 20, 1850. 1851, 290. En. 1851, 212.

§ 1455. Judgment of

Rep.

imprisonment, how executed.

When a judgment of imprisonment is entered, a certified copy thereof must be delivered to the sheriff, marshal, or other officer, which is a sufficient warrant for its execution. En. February 14, 1872.

Crim. Prac. Act, sec. 636. En. April 20, 1850. 1851, 290. En. 1851, 212.

Execution: See ante, secs. 1213, 1216.

Rep.

§ 1456. Judgment of imprisonment until fine is paid, how executed. When a judgment is entered imposing a fine, or ordering the defendant to be imprisoned until the fine is paid, he must be held in custody during the time specified in the judgment, unless the fine is sooner paid. En. February 14, 1872.

Cal.Rep.Cit. 54. 206; 64, 438; 82, 455.

Crim. Prac. Act, sec. 637. En. April 20, 1850. Rep 1851, 290.

En. 1851, 212.

Execution of judgment of fine or imprisonment: Ante, sec. 1215.

§ 1457. Defendant must be discharged upon payment of fine. Upon payment of the fine, the officer must discharge the defendant, if he is not detained for any other legal cause, and pay over the fine within ten days to the county or city treasurer, according as the offense is prosecuted for the violation of a state law or a city ordinance, whether in the justice's court or police court; provided, that all forfeitures and fines collected for the violation of any city ordinance, whether in the police court or justice's court, shall be paid over to the city treasurer of the city in which such ordinance is in force. If a fine is imposed, and paid before commitment, it must be paid over as prescribed in this section. En. February 14, 1872. Am'd. 1901, 88.

Cal. Rep.Cit. 65, 478; 88, 411.
Crim. Prac. Act, sec. 638.

En. April 20, 1850.

Rep.

1851, 290. En. 1851, 212.

Cal.Rep.Cit. 45, 246.

Crim. Prac. Act, sec. 639. En. April 20, 1850. 1851, 290. En. 1851, 212.

Disposition of fines: Post, sec. 1570.

Rep.

§ 1458. Defendant may be admitted to bail. The defendant, at any time after his arrest, and before convic⚫ tion, may be admitted to bail. The provisions of this code relative to bail are applicable to bail in justices' or police courts. En. February 14, 1872.

Crim. Prac. Act, sec. 640. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Bail: Ante, secs. 822, 1268 et seq.

§ 1459. Subpœnas. The justice or judge of either of the courts mentioned in this chapter may issue subpoenas for witnesses, as provided in section thirteen hundred and

twenty-six, and punish disobedience thereof, as provided in section one thousand three hundred and thirty-one. En. February 14, 1872.

Witness must attend: Code Civ. Proc., sec. 2064.

§ 1460. Entitling affidavits. The provisions of section one thousand four hundred and one, in respect to entitling affidavits, are applicable to proceedings in the courts mentioned in this chapter. En. February 14, 1872.

The term "police

§ 1461. "Police courts" defined. courts," as used in this and the succeeding chapter, includes police judges' courts, police courts, and all courts held by mayors or recorders in incorporated cities or towns. En. February 14, 1872.

Cal.Rep.Cit. 66, 5; 88, 410.

CHAPTER II.

APPEALS TO SUPERIOR COURTS.

§ 1466.

Appeals, when allowed.

§ 1467.

§ 1468.

§ 1469.

§ 1470.

Appeals, how taken, heard, and determined.
Statement on appeal.

If new trial granted, in what court had.

Proceedings, if appeal is dismissed or judgment affirmed.

§ 1466. Appeals, when allowed. Either party may appeal to the superior court of the county from a judgment of a justice's or police court, in like cases and for like cause, as appeals may be taken to the supreme court. En. February 14, 1872. Am'd. 1880, 34.

Cal.Rep. Cit. 66, 401; 82, 615; 92, 574.

Appeal by defendant: Ante, sec. 1237.
Appeal by the people: Ante, sec. 1238.

§ 1467. Appeals, how taken, heard, and determined. The appeal is taken, heard, and determined as provided in title IX, part II, of this code. En. February 14, 1872. Cal.Rep.Cit. 72, 16; 82, 615.

Appeal, how taken: Ante, sec. 1240..

Judgment on appeal: Ante, sec. 1258.

the

§ 1468. Statement on appeal. The appeal to the superior court from the judgment of a justice's or police court is heard upon a statement of case settled by the justice or police judge, embodying such rulings of the court as are excepted to, which statement must be filed with and settled by the court within ten days after filing notice of appeal. En. February 14, 1872. Am'd. 1880, 35.

§ 1469. If new trial granted, in what court had. If a new trial is granted upon appeal, it must be had in the superior court. En. February 14, 1872. Am'd. 1880, 35. Cal.Rep.Cit. 72, 15; 92, 574.

§ 1470. Proceedings, if appeal is dismissed or judgment affirmed. If the appeal is dismissed or the judgment affirmed, a copy of the order of dismissal or judgment of affirmance must be remitted to the court below, which may proceed to enforce its sentence.

1872.

Am'd 1901, 88.

Cal.Rep.Cit. 54, 345; 101, 304.

En. February 14,

TITLE XII.

OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE. Chapter I. Of the Writ of Habeas Corpus, §§ 1473-1505. Of Coroners' Inquests and Duties of Coroners, §§ 1510-1519.

II.

III.

IV.

V.

Of Search-Warrants, §§ 1523-1542.

Proceedings against Fugitives from Justice, §§ 1547-1558.

Miscellaneous Provisions Respecting Special Proceedings of a Criminal Nature, §§ 15621564.

§ 1475. § 1476.

§ 1477.

§ 1478.

How served.

1473.

§ 1474.

CHAPTER I.

OF THE WRIT OF HABEAS CORPUS.

Who may prosecute writ.

Application for, how made.

By whom issued, and before whom returnable.
Writ must be granted without delay.

Writ, what to contain.

Proceedings upon disobedience to the writ.
Return, what to contain.

Hearing without production of the body.
Hearing on return.

Proceedings on the hearing.

§ 1485.

§ 1486.

When court may discharge the party.
When to remand party.

§ 1487.

§ 1488.

§ 1489.

Grounds of discharge in certain cases.

Not to be discharged for defect of form in warrant.
Proceedings on defective warrant.

Person in illegal, may be committed to legal custody.
Disposition of party, pending proceedings on return.
Defect of form in the writ immaterial, when.
Imprisonment after discharge, when permitted.
Warrant may issue instead of writ, in certain cases.
Warrant may include person charged with illegal detention.
Warrant, how executed.

§ 1500. Return and hearing on.

§ 1501.

Party may be discharged or remanded.
Pen. Code-22