1463. Except where otherwise specifically provided to the contrary all fines and forfeitures collected upon conviction or upon the forfeiture of bail in any municipal court following the arrest by any officer employed by the state or, by the county in which such court is situated, shall be paid into the general fund of the county; and all fines and forfeitures collected in such court upon conviction or upon the forfeiture of bail following the arrest by any officer employed by the city for which such court is established shall be paid into the general fund of the city.

All such fines and forfeitures, together with moneys deposited as bail shall as soon as practicable after the receipt thereof be deposited with the county treasurer.

At least once a month the county treasurer shall pay over to the treasurer of any city entitled thereto, all moneys, fines and forfeitures belonging to such city.

Any money deposited with such court or the clerk thereof which by order of the court or for any other reason should be returned in whole or in part to any person, shall be paid to such person upon demand certified to be correct by the clerk of the court. All money deposited as bail, which has not been claimed within one year after the final disposition of the case in which said bail is deposited, shall be paid into the general fund of the county if the bail was deposited following arrest by any officer employed by the county or state, or in the general fund of the city if the bail was deposited following arrest by officer employed by the city.

1466. Either party may appeal to the superior court of the county from a judgment of a municipal court or from a judgment of a justice's or police court, in like cases and for like causes as appeals may be taken to the supreme court or to a court of appeal.

1925.

1467. The appeal may be taken, heard and determined as provided in title nine, part two of this code, except that such appeal must be taken within fifteen days after the judgment is rendered in a justice's or police court, or entered in a municipal court, or within ten days after the order is made from which the appeal is taken, by filing a written notice of appeal. 1925.

1468. The appeal to the superior court from a judgment of a municipal court, or from the judgment of a justice's or police

court, shall be heard upon a statement of the case settled by the judge of the municipal or by the justice or police judge. The statement must contain the grounds upon which the party intends to rely upon the appeal, and so much of the evidence as may be necessary to explain the grounds. The statement must be prepared by the appellant and filed with the court, and a copy served upon the opposite party, within five days after the filing of the notice of appeal. The respondent may, within five days after the service of the copy and the filing of the proposed statement, file amendments thereto, a copy of which must be served upon the appellant. Within five days from the time of the filing and serving of the amendments or if no amendments be filed then within ten days from the time of the filing of the statement, as herein provided, the court must settle the same, and if in the opinion of the court the statement is incorrect or insufficient he shall correct it. If no statement is filed and served as herein provided, the appeal is ineffectual for any purpose, and shall be deemed dismissed, and the judgment or order appealed from shall be enforced as if no appeal had been taken. 1925.

1468a. Unless good cause to the contrary be shown the appeal must be brought to a hearing within sixty days after the appeal is perfected, or as soon thereafter as the business of the court will permit, and if not so brought to a hearing, the court shall upon motion, order the appeal dismissed. 1925.

1469. Upon an appeal the superior court may review all matters set forth in the statement and affecting the judgment appealed from, and may set aside, or confirm, or modify any or all of the proceedings subsequent to an attendant upon such judgment, and may, if necessary or proper, order a new trial. If a new trial be granted it must be in the municipal court, if the appeal be from a judgment of the municipal court, otherwise it must be in the superior Court.

1925.

1470. If the appeal is dismissed or the judgment affirmed, a copy of the order of dismissal or judgment of affirmance must be submitted to the sheriff of the county and remitted to the court below, which may proceed to enforce its sentence.

Chapter I.

TITLE XII.

Special Proceedings of a Criminal Nature.

The Writ of Habeas Corpus.

II. Coroners' Inquests and Duties of Coroners.
Search-warrants.

III.

IV. Proceedings Against Fugitives from Justice.
V. Miscellaneous Provisions Respecting Special Proceed-
ings of a Criminal Nature.

CHAPTER I.

The Writ of Habeas Corpus.

1491. Judge may take bail. 1492. Judge, when to remand. 1493. Person in illegal may be

committed legal custody. 1494. Disposition of party pending return.

1495. Defect of form immaterial, when.

1496. Imprisonment after discharge, when permitted. 1497. Warrant, when may issue instead of writ. 1498. Warant may include per

son charged with illegal. 1499. Warrant, how executed. 1500. Return and hearing on. 1501. May be discharged or remanded.

1502. Process may issue and
be served any time.
1503. By whom issued, when
returnable.

1504. Where returnable.
1505. Damages, by whom re-
coverable.

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 of such imprisonment or restraint. 1874-454.

1474. 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 illegal, 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.

1475. The writ of habeas corpus may be granted in the manner provided by the constitution. If the writ has been granted by any court or a judge or justice thereof, and after the hearing thereof the prisoner has been remanded, he shall not be discharged from custody by the same or any other court of like general jurisdiction, or by a judge or justice of the same or any other court of like general jurisdiction, unless upon some ground not existing in fact at the issuing of the prior writ. Should the prisoner desire to urge some point of law not raised in the petition for or at the hearing upon the return of the prior writ, then, in case such prior writ had been returned or returnable before a superior court or a judge thereof, no writ can be issued upon a second or other application except by the appropriate district court of appeal or some justice thereof, or by the supreme court or some judge thereof, and in such an event such writ must not be made returnable before any superior court or any judge thereof. In the event, however, that the prior writ was returned or made returnable before a district court of appeal or any justice thereof, no writ can be issued upon a second or other application except by the supreme court or some judge thereof, and such writ must be made returnable before said supreme court or some judge thereof. Every application for a writ of habeas corpus must be verified, and shall state whether any prior application or applications have been made for a writ in regard to the same detention or restraint complained of in the application, and if any such prior application or applications have been made the later application must contain a brief statement of all proceedings had therein, or in any of them, to and including the final order or orders made therein, or in any of them, on appeal or otherwise. Whenever the person applying for a writ of habeas corpus is held in custody or restraint by any officer of any court of this state or any political subdivison thereof, or by any peace officer of this state, or any political subdivision thereof, a copy of the application for such writ must in all cases be served upon the district attorney of the county wherein such person is held in custody or restraint at least twenty-four hours before the time at which said writ is made returnable and no application for such writ can be heard without proof of such service in cases where service is required. 1907-560.

1476. 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. 1905-476.

1477. 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.

1478. 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 conspicious place on the outside either of his dwelling-house or of the place where the party is confined or under restraint.

1479. If 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.

1480. 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;

3. 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 ef habeas corpus, but has transferred such custody or restraint to another,the return must