questions propounded to him as a witness, under an 1488. If any person is committed to prison, or is in custody of any officer on any criminal charge, by virtue of any warrant of commitment of a Justice of the Peace, such person must not be discharged on the ground of any mere defect of form in the warrant of commitment. Not to be for defect warrant. discharged of form in Court may witnesses examine and discharge, bail, or 1489. If it appears to the Court or Judge, by affidavit or otherwise, or upon the inspection of the process or warrant of commitment, and such other papers in the proceedings as may be shown to the Court or recommit. Judge, that the party is guilty of a criminal offense, or ought not to be discharged, such Court or Judge, although the charge is defective or unsubstantially set forth in such process or warrant of commitment, must cause the complainant or other necessary witnesses to be subpoenaed to attend at such time as ordered, to testify before the Court or Judge; and upon the examination he may discharge such prisoner, let him to bail, if the offense be bailable, or recommit him to custody, as may be just and legal. purpose of 1490. When a person is imprisoned or detained Writ for in custody on any criminal charge, for want of bail, bail. Judge may take bail. Judge, when to remand. Person in illegal, may be committed to legal, custody. such person is entitled to a writ of habeas corpus for the purpose of giving bail, upon averring that fact in his petition, without alleging that he is illegally confined. NOTE.-There is no appeal from an order of a Judge admitting a party to bail under the provision of the Title relating to habeas corpus.-People vs. Schuster, 40 Cal., p. 627. Where it appeared on the return to a writ of habeas corpus that there was reasonable ground to believe that the prisoners were guilty of burning certain Indian lodges in the Napa Valley, and of killing several Indians and perpetrating other outrages, they were nevertheless admitted to bail, on the grounds, solely, that the District Courts had not as yet been organized, nor their terms fixed, nor the Judges appointed, and that there was no secure place in which the prisoners could be kept until they could be brought to trial. It seems, had not these reasons existed, the prisoners would have been remanded to the custody of the Sheriff.-People vs. Smith, 1 Cal., p. 9. 1491. Any Judge before whom a person who has been committed on a criminal charge may be brought on a writ of habeas corpus, if the same is bailable, may take an undertaking of bail from such person as in other cases, and file the same in the proper Court. 1492. If a party brought before the Court or Judge on the return of the writ is not entitled to his discharge, and is not bailed, where such bail is allowable, the Court or Judge must remand him to custody or place him under the restraint from which he was taken, if the person under whose custody or restraint he was is legally entitled thereto. 1493. In cases where any party is held under illegal restraint or custody, or any other person is entitled to the restraint or custody of such party, the Judge or Court may order such party to be committed to the restraint or custody of such person as is by law entitled thereto. of party, proceedings 1494. Until judgment is given on the return, the Disposition Court or Judge before whom any party may be brought pending on such writ may commit him to the custody of the on return. Sheriff of the county, or place him in such care or under such custody as his age or circumstances may require. form in the writ imma terial, when. 1495. No writ of habeas corpus can be disobeyed Defect of for defect of form, if it sufficiently appear therefrom in whose custody or under whose restraint the party imprisoned or restrained is, the officer or person detaining him, and the Court or Judge before whom he is to be brought. 1496. No person who has been discharged by the order of the Court or Judge upon habeas corpus can be again imprisoned, restrained, or kept in custody for the same cause, except in the following cases: 1. If he has been discharged from custody on a criminal charge, and is afterwards committed for the same offense, by legal order or process; 2. If, after a discharge for defect of proof, or for any defect of the process, warrant, or commitment iu a criminal case, the prisoner is again arrested on sufficient proof and committed by legal process for the same offense. Imprisondischarge, ment after in what cases permitted. may issue writ, in 1497. When it appears to any Court, or Judge, Warrant authorized by law to issue the writ of habeas corpus, that any one is illegally held in custody, confinement, or restraint, and that there is reason to believe that such person will be carried out of the jurisdiction of the Court or Judge before whom the application is made, or will suffer some irreparable injury before compliance with the writ of habeas corpus can be enforced, such Court or Judge may cause a warrant to be issued, reciting the facts, and directed to the Sheriff, Coroner, or Constable of the county, commanding such officer to take such person thus held in custody, instead of certain cases. Warrant may include confinement, or restraint, and forthwith bring him before such Court or Judge, to be dealt with according to law. 1498. The Court or Judge may also insert in such warrant a command for the apprehension of the person with illegal charged with such illegal detention and restraint. person charged detention. Warrant, how executed. Return and hearing on. Party may be discharged or remanded. Writ and process may issue and be served at any time. By whom issued and when returnable Where returnable 1499. The officer to whom such warrant is delivered must execute it by bringing the person therein named before the Court or Judge who directed the issuing of such warrant. 1500. The person alleged to have such party under illegal confinement or restraint may make return to such warrant as in case of a writ of habeas corpus, and the same may be denied, and like allegations, proofs, and trial may thereupon be had as upon a return to a writ of habeas corpus. 1501. If such party is held under illegal restraint or custody, he must be discharged; and if not, he must be restored to the care or custody of the person entitled thereto. 1502. Any writ or process authorized by this Chapter may be issued and served on any day or at any time. 1503. All writs, warrants, process, and subpoenas authorized by the provisions of this Chapter must be issued by the Clerk of the Court, and, except subpœnas, must be sealed with the seal of such Court, and served and returned forthwith, unless the Court or Judge shall specify a particular time for any such return. 1504. All such writs and process, when issued by order of a Judge, must be returned before him at the county seat, and there heard and determined. by whom for failure to issue or recovered, obey the writ. 1505. If any Judge, after a proper application is Damages, made, refuses to grant an order for a writ of habeas corpus, or if the officer or person to whom such writ may be directed, refuses obedience to the command thereof, he shall forfeit and pay to the person aggrieved a sum not exceeding five thousand dollars, to be recovered by action in any Court of competent jurisdiction. NOTE. This Chapter is based upon the habeas corpus Act of 1850, and Acts amendatory thereof.-Stats. 1850, p. 334; 1854, p. 268; 1859, p. 15; 1863, p. 334. CHAPTER II. OF CORONERS' INQUESTS AND DUTIES OF CORONERS. SECTION 1510. Coroner to summon jury to inquire into cause of death in certain cases. 1511. Jurors to be sworn. 1512. Witnesses to be summoned. 1513. Witnesses compelled to attend. 1514. Verdict of jury in writing. What to contain. 1515. Testimony in writing, and where filed. 1516. Exception. 1517. Coroner to issue warrant, when. 1518. Form of warrant. 1519. How served. Coroner to jury to summon inquire into cause of death in certain cases. 1510. When a Coroner is informed that a person has been killed, or has committed suicide, or has suddenly died under such circumstances as to afford a reasonable ground to suspect that his death has been ca occasioned by the act of another by criminal means, he must go to the place where the body is, cause it to be exhumed, if it has been interred, and summon not less than nine nor more than fifteen persons, qualified by law to serve as jurors, to appear before him forthwith, at the place where the body of deceased is, to inquire into the cause of the death. NOTE.-See Pol. Code, Secs. 4285, 4290, for general duties of Coroner. |