TITLE XII. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE. Of the Writ of Habeas Corpus, §§ 1473-1505. Chapter 1. II. Of Coroners' Inquests and Duties of Coroners, §§ 1510-1519. III. Of Search-Warrants, §§ 1523-1542. IV. Proceedings against Fugitives from Justice, §§ 1547-1558. V. Miscellaneous Provisions Respecting Special Proceedings of a Criminal Nature, §§ 15621564. CHAPTER I. OF THE WRIT OF HABEAS CORPUS. § 1473. Who may prosecute writ. § 1474. Application for, how made. Writ must be granted without delay; admitted to bail pending determination. § 1475. By whom issued, and before whom returnable. § 1476. § 1477. Writ, what to contain. § 1478. How served. § 1479. Proceedings upon disobedience to the writ. § 1480. § 1481. Return, what to contain. Body must be produced, when. § 1482. Hearing without production of the body. § 1483. Hearing on return. § 1484. Proceedings on the hearing. Not to be discharged for defect of form in warrant, § 1493. Person in illegal, may be committed to legal custody. § 1497. § 1498. Warrant may include person charged with illegal detention. 1499. Warrant, how executed. 1500. Return and hearing on. § 1501. Party may be discharged or remanded. $1502. Wit and process may issue at any time. 1503. By whom issued and when returnable. § 1505. Damages for failure to issue or obey the writ. § 1473. Who may prosecute writ. Every person unlawfully imprisoned or restrained of his liberty, under any pretense whatever, may prosecute a writ of habeas corpus, to inquire into the cause of such imprisonment or restraint. En. February 14, 1872. Am'd. 1873-4, 454. Cal. Rep. Cit. 126, 616. Privilege of, not to be suspended. The privilege of the writ of habeas corpus shall not be suspended unless when, in cases of rebellion or invasion, the public safety may require its suspension: Const. Cal., art. I, sec. 5; U. S. Const., art. I, sec. 9. Right to, where one detained as insane: See Pol. Code, sec. 1473. § 1474. Application for, how made. Application for the writ is made by petition, signed either by the party for whose relief it is intended, or by some person in his behalf, and must specify 1. That the person in whose behalf the writ is applied for is imprisoned or restrained of his liberty, the officer or person by whom he is so confined or restrained, and the place where, naming all the parties, if they are known, or describing them, if they are not known. 2. If the imprisonment is alleged to be allegal, the petition must also state in what the alleged illegality consists. 3. The petition must be verified by the oath or affirmation of the party making the application. En. February 14, 1872. § 1475. By whom issued, and before whom returnable. The writ of habeas corpus may be granted: 1. By the supreme court, or any justice thereof, upon petition by or on behalf of any person restrained of his liberty in this state. When so issued it may be made returnable before the court, or any justice thereof, or before any superior court, or any judge thereof; 2. By the superior court, or a judge thereof, upon petition by or on behalf of any person restrained of his liberty, in the pective counties. If the writ has been granted superior court or judge, and after the hearing thereof the prisoner has been remanded, he shall not be discharged from custody by the same or any other superior court or judge, unless upon some ground not existing at the issuing of the prior writ, or unless upon some point of law not raised at the hearing upon the return of the prior writ. En. February 14, 1872. Am'd. 1880, 4; 1905, 706. The change consists in the addition of the last sentence in subdivision 2. The purpose of the amendment is to prevent one who, after a hearing upon habeas corpus has been remanded to custody, from applying thereafter to the same or another superior court or judge, unless upon some ground not existing at the issuing of the prior writ, or unless upon some point of law not raised at the hearing upon the return of the prior writ.-Code Commissioner's Note. § 1476. Writ must be granted without delay; admitted to bail pending determination. Any court or judge authorized to grant the writ, to whom a petition therefor is presented, must, if it appear that the writ ought to issue, grant the same without delay; and if the person by or upon whose behalf the application for the writ is made be detained upon a criminal charge, may admit him to bail, if the offense is bailable, pending the determination of the proceeding. En. February 14, 1872. Am'd. 1905, 476. § 1477. Writ, what to contain. The writ must be directed to the person having custody of or restraining the person on whose behalf the application is made, and must command him to have the body of such person before the court or judge before whom the writ is returnable, at a time and place therein specified. En. February 14, 1872. § 1478. How served. If the writ is directed to the sheriff or other ministerial officer of the court out of which it issues, it must be delivered by the clerk to such officer without delay, as other writs are delivered for service. If it is directed to any other person, it must be delivered to the sheriff, and be by him served upon such person by delivering the same to him without delay. If the person to whom the writ is directed cannot be found, or refuses admittance to the officer or person serving or delivering such writ, it may be served or delivered by leaving it at the residence of the person to whom it is directed, or by affixing it to some conspicuous place on the outside either of his dwelling-house or of the place where, fined or under restraint. En. February 14, 1872arty is conCal. Rep. Cit. 77, 160. If § 1479. Proceedings upon disobedience to the writ. the person to whom the writ is directed refuses, after service, to obey the same, the court or judge, upon affidavit, must issue an attachment against such person, directed to the sheriff or coroner, commanding him forthwith to apprehend such person and bring him immediately before such court or judge; and upon being so brought, he must be committed to the jail of the county until he makes due return to such writ, or is otherwise legally discharged. En. February 14, 1872. § 1480. Return, what to contain. The person upon whom the writ is served must state in his return, plainly and unequivocally: 1. Whether he has or has not the party in his custody, or under his power or restraint. 2. If he has the party in his custody or power, or under his restraint, he must state the authority and cause of such imprisonment or restraint. 8. If the party is detained by virtue of any writ, warrant, or other written authority, a copy thereof must be annexed to the return, and the original produced and exhibited to the court or judge on the hearing of such return. 4. If the person upon whom the writ is served had the party in his power or custody, or under his restraint, at any time prior or subsequent to the date of the writ of habeas corpus, but has transferred such custody or straint to another, the return must state whom, at what time and place, for what cause, and by particularly to what authority, such transfer took place. re 5. The return must be signed by the person making the same, and, except when such person is a sworn public officer, and makes such return in his official capacity, it must be verified by his oath. En. February 14, 1872. Cal. Rep. Cit. 71, 238. The person to 8 1481. Body must be produced, when. whom the writ is directed, if it is served, must bring the body of the party in his custody or under his restraint, according to the command of the writ, except in the cases specified in the next section. En. February 14, 1872. No fee to be charged for services in proceedings: See Pol. Code, sec. 4333. § 1482. Hearing without production of the body. When, from sickness or infirmity of the person directed to be produced, he cannot, without danger, be brought before the court or judge, the person in whose custody or power he is may state that fact in his return to the writ, verifying the same by affidavit. If the court or judge is satisfied of the truth of such return, and the return to the writ is otherwise sufficient, the court or judge may proceed to decide on such return and to dispose of the matter as if such party had been produced on the writ, or the hearing thereof may be adjourned until such party can be produced. En. February 14, 1872. § 1483. Hearing on return. The court or judge before whom the writ is returned must, immediately after the return, proceed to hear and examine the return, and such other matters as may be properly submitted to their hearing and consideration. En. February 14, 1872. § 1484. Proceedings on the hearing. The party brought before the court or judge, on the return of the writ, may deny or controvert any of the material facts or matters set forth in the return, or except to the sufficiency thereof, or allege any fact to show either that his imprisonment or detention is unlawful, or that he is entitled to his discharge. The court or judge must thereupon proceed in a summary way to hear such proof as may be produced against such imprisonment or detention, or in favor of the same, and to dispose of such party as the justice of the case may require, and have full power and authority to require and compel the attendance of witnesses, by process of subpoena and attachment, and to do and perform all other acts and things necessary to a full and fair hearing and determination of the case. En. February 14, 1872. Cal. Rep. Cit. 59, 422; 92, 190; 126, 619. If no § 1485. When court may discharge the party. legal cause is shown for such imprisonment or restraint, |