VI. VII. VIII. Surrender of the Defendant, §§ 1300-1302. Recommitment of the Defendant after Having Given § 1271. § 1272. § 1273. § 1274. Defendant when admitted to bail before conviction. When bail is matter of discretion, notice of application § 1268. Admission to bail defined. Admission to bail is the order of a competent court or magistrate that the defendant be discharged from actual custody upon bail. En. February 14, 1872. Cal.Rep.Cit. 54, 103. Crim. Prac. Act, sec. 507. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Bail, where taken: See ante, sec. 822; post, sec. 1284. § 1269. Taking of bail defined. The taking of bail consists in the acceptance by a competent court or magistrate, of the undertaking of sufficient bail for the appearance of the defendant, according to the terms of the undertaking, or that the bail will pay to the people of this state a specified sum. En. February 14, 1872. Crim. Prac. Act, sec. 508. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal.Rep.Cit. 19, 681. Excessive bail.-Excessive bail shall not be required: Cal. Const., art. I, sec. 6; U. S. Const., Amendment 8. § 1270. Offense not bailable. A defendant charged with an offense punishable with death cannot be admitted to bail, when the proof of his guilt is evident or the presumption thereof great. The finding of an indictment does not add to the strength of the proof or the presumptions to be drawn therefrom. En. February 14, 1872. Cal.Rep.Cit. 68, 177; 85, 365; 92, 189. Crim. Prac. Act, sec. 510. En. April 20, 1850. 1851, 290. En. 1851, 212. Am'd. 1866, 418. Cal.Rep.Cit. 19, 542. Rep. Constitutional provision.-All persons shall be bailable by sufficient sureties, unless for capital offenses when the proof is evident or the presumption great: Art. I, sec. 6. § 1271. Defendant when admitted to bail before conviction. If the charge is for any other offense, he may be admitted to bail before conviction, as a matter of right. En. February 14, 1872. Cal.Rep.Cit. 54, 103; 68, 177; 68, 178; 68, 180; 68, 182; 68, 183; 92, 189. Crim. Prac. Act, sec. 509. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Am'd. 1863, 151. Cal.Rep. Cit. 19, 542. § 1272. When admitted to bail after conviction and upon appeal. After conviction of an offense not punishable with death, a defendant who has appealed may be admitted to bail 1. As a matter of right, when the appeal is from a judgment imposing a fine only. 2. As a matter of discretion in all other cases. En. February 14, 1872. Cal.Rep.Cit. 48, 552; 49, 681; 62, 491; 68, 177: 68, 178; 68, 180; 68, 182; 68, 183; 89, 80; 89, 81; 112, 629. Crim. Prac. Act, sec. 512. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal.Rep.Cit. 41, 30. § 1273. Nature of bail. If the offense is bailable, the defendant may be admitted to bail before conviction First-For his appearance before the magistrate, on the examination of the charge, before being held to answer. Second-To appear at the court to which the magistrate is required to return the depositions and statement, upon the defendant being held to answer after examination. Third-After indictment, either before the bench warrant is issued for his arrest, or upon any order of the court committing him, or enlarging the amount of bail, or upon his being surrendered by his bail to answer the indictment in the court in which it is found, or to which it may be transferred for trial. And after conviction, and upon an appeal First-If the appeal is from a judgment imposing a fine only, on the undertaking of bail that he will pay the same, or such part of it as the appellate court may direct, if the judgment is affirmed or modified, or the appeal is dismissed. Second-If judgment of imprisonment has been given, that he will surrender himself in execution of the judgment, upon its being affirmed or modified, or upon the appeal being dismissed, or that in case the judgment be reversed, and that the cause be remanded for a new trial, that he will appear in the court to which said cause may be remanded, and submit himself to the orders and process thereof. En. February 14, 1872. Am'd. 1875-6, 116. Cal.Rep.Cit. 54, 103. Crim. Prac. Act, sec. 513. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Crim. Prac. Act, sec. 514. 1851, 290. En. 1851, 212. Cal.Rep.Cit. 20, 529. En. April 20, 1850. Rep. § 1274. When bail is matter of discretion, notice of application must be given to district attorney. When the admission to bail is a matter of discretion, the court or officer to whom the application is made must require reasonable notice thereof to be given to the district attorney of the county. En. February 14, 1872. Crim. Prac. Act, sec. 511. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. ARTICLE II. BAIL UPON BEING HELD TO ANSWER BEFORE INDICTMENT. $ 1277. 1278. § 1279. § 1280. What magistrates may admit to bail. Bail, how put in, and form of the undertaking. Qualifications of bail. Bail, how to justify. § 1281. § 1277. What magistrates may admit to bail. When the defendant has been held to answer upon an examination for a public offense, the admission to bail may be by the magistrate by whom he is so held, or by any magistrate who has power to issue the writ of habeas corpus. En. February 14, 1872. On allowance of bail, defendant to be discharged. Crim. Prac. Act, sec. 515. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1278. Bail, how put in, and form of the undertaking. Bail is put in by a written undertaking, executed by two sufficient sureties, (with or without the defendant, in the discretion of the magistrate) and acknowledged before the court or magistrate, in substantially the following form: An order having been made on the day of A. D. eighteen -, by A B, a justice of the peace of county, (or as the case may be) that C D be held to answer upon a charge of (stating briefly the nature of the offense), upon which he has been admitted to bail in the sum of dollars; we, E F and G H, (stating their place of residence and occupation) hereby undertake that the above-named C D will appear and answer the charge above mentioned, in whatever court it may be prosecuted, and will at all times hold himself amenable to the orders and process of the court, and if convicted, will appear for judgment, and render himself in execution thereof, or, if he fails to perform either of these conditions, that we will pay to the people of the state of California the sum of dollars (inserting the sum in which the defendant is admitted to bail). En. February 14, 1872. Cal.Rep.Cit. 54, 410. Crim. Prac. Act, sec. 516. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal.Rep. Cit. 19, 681; 19, 682; 35, 109. § 1279. Qualifications of bail. The qualifications of bail are as follows: 1. Each of them must be a resident, householder, or freeholder within the state; but the court or magistrate may refuse to accept any person as bail who is not a resident of the county where bail is offered. 2. They must each be worth the amount specified in the undertaking, exclusive of property exempt from execution; but the court or magistrate, on taking bail, may allow more than two sureties to justify severally in amounts less than that expressed in the undertaking, if the whole justification be equivalent to that of sufficient bail. En. Feb1uary 14, 1872. Cal.Rep.Cit. 65, 583. Crim. Prac. Act, sec. 517. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Am'd. 1855, 269. § 1280. Bail, how to justify. The bail must in all cases justify by affidavit taken before the magistrate, that they each possess the qualifications provided in the preceding section. The magistrate may further examine the bail upon oath concerning their sufficiency, in such manner as he may deem proper. En. February 14, 1872. Cal.Rep.Cit. 65, 583. Crim. Prac. Act, sec. 518. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Crim. Prac. Act, sec. 519. En. April 20, 1850. 1851, 290. En. 1851, 212. Rep. § 1281. On allowance of bail, defendant to be discharged. Upon the allowance of bail and the execution of the under |