3. When the jury has separated without leave of the court, after having retired to deliberate upon their verdict, or been guilty of any misconduct tending to prevent a fair and due consideration of the case.

4. When the verdict has been decided by lot, or by any means other than a fair expression of opinion on the part of all the jurors.

5. When there has been error in the decision of the court, given on any question of law arising during the course of the trial.

6. When the verdict is contrary to law or evidence.

7. When new evidence is discovered material to the defendant, and which he could not, with reasonable diligence, have discovered and produced at the trial; but when a motion for a new trial is made upon this ground, the defendant must produce at the hearing the affidavits of the witnesses by whom such newly-discovered evidence is expected to be given.

See ante, §§ 1179-82.

1452. The motion in arrest of judgment may be founded on any substantial defect in the complaint, and the effect of an arrest of judgment is to place the defendant in the same situation in which he was before the trial was had.

A motion is an application for an order made viva voce to a court or judge, and making out and filing a written application is not sufficient. The attention of the court must be called to it, and the court moved to grant it-41 Cal. 650.

1453. If the judgment is not arrested, or a new trial granted, judgment must be pronounced at the time appointed, and entered in the minutes of the court.

1454. If judgment of acquittal is given, or judgment imposing a fine only, without imprisonment for non-payment, and the defendant is not detained for any other legal cause, he must be discharged as soon as the judgment is given.

1455. 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.

1456. 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 time specified in the judgment, unless the fine is sooner paid.

Judgment.-A judgment that defendant be fined three hundred dollars, and that in default of payment he be imprisoned in the county jail not exceeding three hundred days, is a substantial compliance with section 1205 of this Code-54 Cal. 205.

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.

This section and section 1570, post, are to be construed together-45 Cal. 245.

1458. 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.

See ante, §§ 822-29, 1268-1317.

1459. 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 one thousand three hundred and thirty-one.

1460. The provisions of section one thousand four hundred and one, in respect to entitling affidavits, are applicable to proceedings in the courts mentioned in this chapter.

1461. 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.

CHAPTER II.

APPEALS TO SUPERIOR COURTS.

§ 1466. Appeals, when allowed.

§ 1467. Appeals, how taken, heard, and determined.

§ 1469.

If new trial granted, in what court had.

§ 1470. Proceedings, if appeal is dismissed or judgment affirmed.

1466. Either party may appeal 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. [In effect April 12th, 1880.] See 26 Cal. 635.

1467. The appeal is taken, heard, and determined as provided in title nine, part two, of this Code.

See ante, §§ 1235-65.

1468. 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. [In effect April 12th, 1880.]

See 26 Cal. 635.

1469. If a new trial is granted upon appeal, it must be had in the Superior Court. [In effect April 12th, 1880.] See 26 Cal. 635.

1470. 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.

Jurisdiction. The Superior Court has jurisdiction on habeas corpus to issue any and all process necessary to the execution of its judgment, as over a person arrested on a berch-warrant after affirinance of judgment-54 Cal. 345; see Const. Cal art. 6, § 5.

TITLE XII.

Of Special Proceedings of a Criminal Nature. CHAP. I. OF THE WRIT OF HABEAS CORPUS, §§ 1473-1505. II. OF CORONERS' INQUESTS AND DUTIES OF CORONERS, §§ 1510-19.

III.

IV.

OF SEARCH-WARRANTS, §§ 1523-42.

PROCEEDINGS AGAINST FUGITIVES FROM JUS-
TICE, §§ 1547-58.

V. MISCELLANEOUS PROVISIONS RESPECTING SPE-
CIAL PROCEEDINGS OF A CRIMINAL NATURE,
§§ 1562-4.

PEN. CODE.-49.

§ 1475.

§ 1476.

By whom issued, and before whom returnable.
Writ must be granted without delay.

§ 1488.

Not to be discharged for defect of form in warrant

§ 1493.

Person in illegal, may be committed to legal, custody. Disposition of party, pending proceedings on return. 1495. Defect of form in the writ immaterial, when.

§ 1494.

§ 1496. Imprisonment after discharge, when permitted.

§ 1497. Warrant may issue instead of writ, in certain cases. Warrant may include person charged with illegal detention. Warrant, how executed.

§ 1498.

§ 1499.

§ 1505. Damages for failure to issue or obey the writ.

1473. 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