§ 1263. JUDGMENT TO BE EXECUTED ON AFFIRMANCE. If a judgment against the defendant is affirmed, the original judgment must be enforced. Enacted February 14, 1872, re-enactment of § 503 Criminal Practice Act 1851, Stats. 1851, p. 267. § 1264. JUDGment upon APPEAL, HOW ENTERED AND REMITTED. When the judgment of the appellate court is given, it must be entered in the minutes, and a certified copy of the entry, with a copy of the opinion of the court attached thereto, forthwith remitted to the clerk of the court from which the appeal was taken. Enacted February 14, 1872, re-enactment of § 504 Criminal Practice Act 1851, Stats. 1851, p. 267; amendment by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 495, act held unconstitutional, see history, § 5, ante; amendment re-enacted March 21, 1905, Stats. and Amdts. 1905, p. 701. § 1265. JURISDICTION OF APPELLATE COURT CEASES AFTER JUDGMENT REMITTED. After the certificate of the judgment has been remitted to the court below, the appellate court has no further jurisdiction of the appeal or of the proceedings thereon, and all orders necessary to carry the judgment into effect must be made by the court to which the certificate is remitted. Enacted February 14, 1872, founded upon § 506 Criminal Practice Act 1851, Stats. 1851, p. 267. TITLE X. MISCELLANEOUS PROCEEDINGS. Chapter I. Bail, §§ 1268-1317. II. Who May Be Witness in Criminal Actions, §§ 1321-1324. VI. Inquiry Into the Insanity of the Defendant Before Trial or After Conviction, VII. Compromising Certain Public Offenses by Leave of the Court, §§ 1377-1379. VIII. Dismissal of Actions, Before or After Indictment, for Want of Prosecution or Otherwise, §§ 1382-1389. IX. Proceedings Against Corporations, §§ 1390-1397. X. Entitling Affidavits, § 1401. XI. Errors and Mistakes in Pleadings, and Other Proceedings, § 1404. XII. Disposal of Property Stolen or Embezzled, §§ 1407-1413. XIII. Reprieves, Commutations, and Pardons, §§ 1417-1423. CHAPTER I. BAIL. Article I. What Cases the Defendant May Be Admitted to Bail, §§ 1268-1274. III. Bail Upon an Indictment Before Conviction, §§ 1284-1289. IV. Bail on Appeal, §§ 1291, 1292. V. Deposit Instead of Bail, §§ 1295-1298. VI. Surrender of the Defendant, §§ 1300-1302. VII. Forfeiture of the Undertaking of Bail or of the Deposit of Money, §§ 1305-1307. VIII. Recommitment of the Defendant, After Having Given Bail or Deposited Money, Instead of Bail, §§ 1310-1317. ARTICLE I. IN WHAT CASES THE DEFENDANT MAY BE ADMITTED TO BAIL. Enacted February 14, 1872, founded upon § 507 Criminal Practice Act 1851, Stats. 1851, pp. 267, 268. § 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. Enacted February 14, 1872, re-enactment of 8 508 Criminal Practice Act 1851, Stats. 1851, p. 268. As to taking excessive bail prohibited, see Const. 1879, Art. I, § 6; U. S. Const. Amendt. VIII, 1f Fed. Stats. Ann., 2nd. ed., pp. 518-521. § 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. Enacted February 14, 1872, founded upon § 510 Criminal Practice Act 1851, Stats. 1851, p. 268. As to all offenses bailable except capital offenses, see Const. 1879, Art. I, § 6. § 1271. IN WHAT CASES DEFENDANT MAY BE 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. Enacted February 14, 1872, founded upon § 509 Criminal Practice Act 1851, Stats. 1851, p. 268. As to discretion of court in fixing bail, see ante, § 1269. As to how amount of bail to be determined, see ante, § 1269. § 1272. IN WHAT CASES HE MAY BE 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 right, when the appeal is from a judgment imposing imprisonment in cases of misdemeanor; 3. As a matter of discretion in all other cases. Enacted February 14, 1872, re-enactment of § 512 Criminal Practice Act 1851, Stats. 1851, p. 268; amendment approved March 20, 1909, Stats. and Amdts. 1909, p. 591. As to ball after conviction and notice of application, see post, §§ 1273, 1274. § 1273. NATURE OF BAIL. If the offense is bailable, the defendant may be admitted to bail before conviction: 1. For his appearance before the magistrate, on the examination of the charge, before being held to answer. 2. 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. 3. 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: 1. 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. 2. 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. Enacted February 14, 1872, founded upon §§ 513, 514 Criminal Practice Act 1851, Stats. 1851, p. 268; amendment approved February 15, 1876, Code Amdts. 1875-6, p. 116. § 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. Enacted February 14, 1872, re-enactment of § 511 Criminal Practice Act 1851, Stats. 1851, p. 268. § 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. Enacted February 14, 1872, re-enactment of § 515 Criminal Practice Act 1851, Stats. 1851, p. 268. As to who may admit to bail, see post, § 1291. § 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: day of An order having been made on the A. D. eighteen [nineteen] 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). Enacted February 14, 1872, re-enactment of § 516 Criminal Practice Act 1851, Stats. 1851, p. 269. As to conditions of bail-bond and rights and liabilities of sureties, see ante, § 1273, subd. 1. As to form of undertaking in ball-bond generally, see post, § 1287. Same-On admission to bail after recommitment, see post, § 1316. § 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. Enacted February 14, 1872, founded upon § 517 Criminal Practice Act 1851, Stats. 1851, p. 269, as amendment approved Act May 5, 1855, Stats. 1855, p. 269. As to justification of securities on ball-bond, see post §§ 1280-1280b. § 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 |