§ 1455. Judgment of 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. Execution: See ante, §§ 1213, 1216. Judgment of imprisonment, how executed: See ante, §§ 1215, 1216. Imprisonment until payment of fine: See ante, §§ 1205, 1446. Legislation § 1455. Enacted February 14, 1872; in substance the same as Crim. Prac. Act, Stats. 1851, p. 283, § 636. § 1456. Judgment that defendant be imprisoned until he pay a fine, 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 times specified in the judgment, unless the fine is sooner paid. Execution of judgment of fine or imprisonment: Ante, §§ 1215, 1246. Legislation § 1456. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 718); in substance the same as Crim. Prac. Act, Stats. 1851, p. 283, § 637. $1457. Defendant discharged upon payment of fine. Disposition of fines. 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 county treasurer if the offense is prosecuted for the violation of a state law in a justice's court; provided that all fines and forfeitures collected in any police court or city justice's court that is maintained, and the salaries of the officers thereof paid by the city, whether prosecuted for a violation of a state law or a city ordinance shall be paid to the city treasurer of the city in which such court is located; and further provided, that all fines and forfeitures collected for the violation of a city or town ordinance, in a justice's court shall be paid over to the city or town treasurer of the city or town in which such ordinance is in force, subject, however, to the provisions of chapter one of title fifteen of part one of this code. [Amendment approved 1905; Stats. 1905, p. 177.] Disposition of fines: Post, § 1570. Forfeitures, how disposed of: See post, § 1570. Legislation § 1457. 1. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 283, §§ 638, 639, the former section having "justice's, or in a mayor's or recorder's court," instead of "justice's or police court," as in the original code section. When enacted in 1872, § 1457 read: "1457. Upon payment of the fine, the officer must discharge the defendant, if he is not detained for any other legal cause, and apply the money to the payment of the expenses of the prosecution, and pay over the residue, if any, within ten days, to the county or city treasurer, according as the offense is prosecuted in a justice's or police court. If a fine is imposed, and paid before commitment, it must be applied as prescribed in this section." 2. Amended by Stats. 1901, p. 88, to read: "1457. 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." 3. Amended by Stats. 1905, p. 177. § 1458. Defendant may be admitted to bail. The defendant, at any time after his arrest, and before conviction, may be admitted to bail. The provisions of this code relative to bail are applicable to bail in justices' or police courts. Bail: Ante, §§ 822, 1268 et seq. Legislation § 1458. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 736); based on Crim. Prac. Act, Stats. 1851, p. 283, § 640, which read: "§ 640. If the defendant be discharged on bail, or has deposited money instead thereof, and fails to appear according to his recognizance, the same shall be forfeited, or the money appropriated in like manner as in the district court. § 1459. Subpoenas. 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 thirteen hundred and thirty-one. Witness must attend: Code Civ. Proc., § 2064. Legislation § 1459. Enacted February 14, 1872. (N. Y. Code Crim. Proc., § 729.) § 1460. Entitling affidavits. The provisions of section fourteen hundred and one, in respect to entitling affidavits, are applicable to proceedings in the courts mentioned in this chapter. Erroneous title, or want of, effect of. See ante, § 1401; post, § 1563. Legislation § 1460. Enacted February 14, 1872. § 1461. "Police courts" defined. The term "police 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. Legislation § 1461. Enacted February 14, 1872. CHAPTER II. Appeals to Superior Courts. $1466. Appeals, when allowed. § 1467. Within what time appeal may be taken. § 1468. Statement on appeal. $1469. If new trial granted, in what court held. § 1470. Proceedings, if appeal is dismissed or judgment affirmed. § 1466. Appeals, when allowed. Either party may ap peal 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. ment approved 1880; Code Amdts. 1880, p. 34.] Appeal by defendant: Ante, § 1237. [Amend Legislation § 1466. 1. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 265, § 481, which read: "§ 481. The party aggrieved in a criminal action, whether that party be the people or defendant, may appeal as follows: 1st. To the court of sessions of the county from a final judgment of a justice's, recorder's, or mayor's court. 2d. To the district court of the county from a final judgment of the court of sessions, or from an order granting or refusing a new trial in an action or proceeding commenced in the court of sessions, or which affects a substantial right in such action or proceeding. 3d. To the supreme court from a final judgment of the district court in all criminal cases amounting to felony, whether such judgment be rendered in an action or proceeding originally commenced in the district court, or transmitted from the court of sessions, or brought into the district court on appeal. Also, from an order of the district court granting or refusing a new trial, or which affects a substantial right in a criminal case, amounting to felony, commenced in the said district court." When enacted in 1872, § 1466 read: "1466. Either party may appeal to the county 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; but no appeal can be taken from a judgment of the police judge's court of San Francisco, imposing a fine only of less than twenty dollars." 2. Amended by Code Amdts. 1880, p. 34. § 1467. Within what time appeal may be taken. The appeal may be taken, heard and determined as provided in title nine, part two of this code, except that such appeal must be taken within fifteen days after the judgment is rendered or within ten days after the order is made from which the appeal is taken. [Amendment approved 1907; Stats. 1907, p. 560.] Appeal, how taken: Ante, § 1240. Judgment on appeal: Ante, § 1258. Legislation § 1467. 1. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 265, § 482, which read: "§ 482. The appeal to the district court from the court of sessions, and to the supreme court from the district court, can be taken on questions of law alone." When enacted in 1872, § 1467 read: "1467. The appeal is taken, heard, and determined as provided in title nine, part two of this code." 2. Amended by Stats. 1907, p. 560; the code commissioner saying, "The amendment limits the time within which appeals from judgments and orders may be taken to the superior court in criminal cases." § 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 the 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. [Amendment approved 1880; Code Amdts. 1880, p. 35.] Legislation § 1468. 1. Enacted February 14, 1872; based on Crim. Prac. Act, as amended and supplemented by Stats. 1858, p. 218, § 3, which read: "Sec. 3. The appeal to the county court from the judg ment of a justice's, recorder's, mayor's, or police judge's court, shal? be heard upon a statement of the case settled by the justice, police judge, recorder, or mayor, embodying the evidence, and such rulings of the court as are excepted to." 2. Amended by Code Amdts. 1880, p. 35, changing (1) "county court" to "superior court," and (2) "five days" to "ten days." § 1469. If new trial granted, in what court held. If a new trial is granted upon appeal, it must be had in the superior court. [Amendment approved 1880; Code Amdts. 1880, p. 35.] Legislation § 1469. 1. Enacted February 14, 1872; based on Crim. Prac. Act, as amended and supplemented by Stats. 1858, p. 218, § 4, which read: "Sec. 4. Upon the appeal to the county court, if a new trial be granted, such new trial shall be had in the county court. If the judgment be affirmed, a copy of the judgment of affirmance shall be sent to the court below, upon the receipt of which the court below shall proceed to enforce its sentence." When enacted in 1872, § 1469 read: "1469. If a new trial is granted upon appeal, it must be had in the county court, except the appeal is from the police judge's court of San Francisco, in which case a copy of the order granting a new trial must be remitted to that court, and the trial had therein." 2. Amended by Code Amdts. 1880, p. 35. § 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. Judgment on appeal: Ante, § 1258. Legislation § 1470. Enacted February 14, 1872; based on Crim. Prac. Act, as amended and supplemented by Stats. 1858, p. 218, $4; q. v., supra, Legislation § 1469. § 1473. § 1475. § 1476. § 1477. Writ, what to contain. § 1478. How served. § 1479. TITLE XII. Special Proceedings of a Criminal Nature. Chapter I. Writ of Habeas Corpus. §§ 1473-1505. II. Coroners' Inquests and Duties of Coroners. §§ 1510-1520. IV. Proceedings Against Fugitives from Justice. §§ 1547- V. Miscellaneous Provisions Respecting Special Proceedings of a Criminal Nature. §§ 1562-1564. CHAPTER I. Writ of Habeas Corpus. Who may prosecute writ. $1474. Application for, how made. How granted. Proceedings thereon. must be verified; prior applications. quired before hearing. Application for writ Writ must be granted without delay. Admitted to bail pending determination. Proceedings upon disobedience to the writ. § 1482. § 1483. When hearing may proceed without production of the body. 1484. § 1485. § 1486. § 1487. Grounds of discharge in certain cases. § 1488. § 1489. Proceedings on the hearing. When court may discharge the party. Not to be discharged for defect of form in warrant. Court may examine witnesses and discharge, hold to bail, or recommit. Person in illegal, may be committed to legal, custody. Imprisonment after discharge, in what cases permitted. § 1498. Warrant may include person charged with illegal detention. Warrant, how executed. § 1499. § 1500. Return and hearing on. $1501. Party may be discharged or remanded. $1502. Writ and process may issue and be served at any time. By whom issued and when returnable. § 1505. Damages, by whom recovered, for failure to issue or obey the writ. § 1473. Who may prosecute writ. Every person unlawfully imprisoned or restrained of his liberty, under any pre Pen. Code-42 |