character have intervened. Ex parte Marks, 49 Id. 680; Ex parte Smallman, 54 Id. 35. One who after conviction, and pending an appeal, applies upon habeas corpus to be admitted to bail, must state in his petition facts upon which the court can exercise an intelligent discretion in determining the question; such as that injustice has been done him during the trial, that the appeal is taken in good faith, etc. Ex parte Voll, 41 Id. 29.

There is no appeal from an order of a judge admitting a party to bail on a hearing on habeas corpus. People v. Schuster, 40 Id. 627. See also Er parte Hung Sin, 54 Id. 102; People v. Smith, 1 Id. 9; Ex parte Cook, 35 Id. 107; Hurd on Habeas Corpus, 430.

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.

1494. Until judgment is given on the return, the court or judge before whom any party may be brought on such writ may commit him to the custody of the sheriff of the county, or place him in such care or under such custody as his age or circumstances may require.

1495. No writ of habeas corpus can be disobeyed 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 in a criminal case, the prisoner is again arrested on sufficient proof and committed by legal process for the same offense.

1497. When it appears to any court or judge, 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, 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 charged with such illegal detention and restraint.

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 subpoenas, 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 made returnable before a judge, must be returned before him at the county seat, and there heard and determined. [Amendment, approved February 18, 1880; in effect immediately.

1505. If any judge, after a proper application is 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.

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.

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 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.

1. Coroner's Inquest.-The statutes of this state concerning coroners are but declaratory of the common law. The holding of inquests by them is in the performance of functions judicial in their character, so much so, that they are protected under the principles which protect judicial officers from responsibility in a civil action brought by a private person. Garnett v. Ferrand, 6 Barn. &. Cress. 611. The practice to be pursued by the officer in taking and certifying testimony at an inquest held under the laws of this state, is the same as that pursued at the common law. People v. Devine, 44 Cal. 459. The latter course is pointed out by Gurney, B., in Reg. v. Plummer, 1 Car. & Kir. 604. The testimony of the witnesses should be reduced to writing, and then read over to them and signed by them. A deposition when so taken is admissible in evidence for the purpose of contradicting the statement of a witness made under oath, on the trial of the person accused of having murdered the deceased. People v. Devine, 44 Cal. 452; Rex v. Oldroyd, Russ. & R. C. C. SS; Com. v. Hawkins, Gray, 463; Stephens v. People, 19 N. Y. 549.

1511. When six or more of the jurors attend, they must be sworn by the coroner to inquire who the person was, and when, where, and by what means he came to his death, and into the circumstances attending his death; and to render a true verdict thereon, according to the evidence offered them, or arising from the inspection of the body.

1512. Coroners may issue subpoenas for witnesses, returnable forthwith, or at such time and place as they may appoint, which may be served by any competent person. They must summon and examine as witnesses every person who, in their opinion, or that of any of the jury, has any knowledge of the facts, and may summon a surgeon or physician to inspect the body and give a professional opinion as to the cause of the death.

1513. A witness served with a subpoena may be compelled to attend and testify, or punished by the coroner for disobedience, in like manner as upon a subpoena issued by a justice of the peace.

1514. After inspecting the body and hearing the testimony, the jury must render their verdict and certify the same by an inquisition in writing, signed by them, and setting forth who the person killed is, and when, where, and by what means he came to his death; and if he was killed, or his death occasioned by the act of another, by criminal means, who is guilty thereof.

1515. The testimony of the witnesses examined before the coroner's jury must be reduced to writing by the coroner, or under his direction, and forwith filed by him, with the inquisition, in the office of the clerk of the superior court of the county. [Amendment, approved April 12, 1880; in effect immediately.

1. Testimony of the Witnesses.-Sec. 1510, n. 1.

1516. If, however, the person charged with the commission of the offense is arrested before the inquisition can be filed, the coroner must deliver the same, with the testimony taken, to the magistrate before whom such person may be brought, who must return the same, with the depositions and statement taken before him, to the office of the clerk of the superior court of the county. [Amendment, approved April 12, 1880; in effect immediately.

1517. If the jury find that the person was killed by another, under circumstances not excusable or justifiable by law, or that his death was occasioned by the act of another by criminal means, and the party committing the act is ascertained by the inquisition, and is not in custody, the coroner must issue a warrant, signed by him, with his name of office, into one or more counties, as may be necessary for the arrest of the person charged.

1518. The coroner's warrant must be in substantially the following form:

COUNTY OF

The People of the State of California, to any Sheriff, Constable, Marshal, or Policeman in this State:

An inquisition having been this day found by a coroner's jury before me, stating that A. B. has come to his death by the act of C. D., by criminal means (or as the case may be, as found by the inquisition), you are therefore commanded forthwith to arrest the above-named C. D., and take him before the nearest or most accessible magistrate in this county.

Given under my hand this -day of - , A. D. eighteen

E. F., Coroner of the county of

1519. The coroner's warrant may be served in any county, and the officer serving it must proceed thereon, in all respects, as upon a warrant of arrest on an information before a magistrate, except that when served in another county it need not be indorsed by a magistrate of that county.

CHAPTER III.

OF SEARCH WARRANTS.

SECTION 1523. Search warrant defined.

1524. Upon what grounds it may issue.

1525. It can not be issued but upon probable cause, etc.

1526. Magistrates must examine, on oath, complainant, etc.
1527. Depositions, what to contain.

1528. When to issue warrant.

1529. Form of warrant.

1530. By whom served.

1531. Officer may break open door, etc., to execute warrant. 1532. May break door open, etc., to liberate person acting in his

aid.

1533. When warrant may be served in the night.
1534. Within what time warrant must be executed.

1535. Officer to give receipt for property taken.

1536. Property, how disposed of.

1537. Return of warrant and delivery of inventory of property

taken.

1538. Copy of inventory, to whom delivered.

1539. Proceedings, if grounds of warrant are controverted.

1540. Property, when to be restored to person from whom it was

taken.

1541. Depositions, warrant, etc., to be returned by magistrate to

county court.

1542. When magistrate may direct defendant to be searched in

his presence.

1523. A search warrant is an order in writing, in the name of the people, signed by a magistrate, directed to a peace offi