issue writs of habeas corpus, on petition by, or on behalf of any person in actual custody, in their respective counties. Original jurisdiction.-District Courts (Superior Courts) have jurisdiction of actions to prevent extortion-45 Cal. 200. They have juris Ciction to order accused to answer a criminal charge-51 Cal. 376; and whether such order is erroneous or irregular, cannot be considered on habeas corpus-id.; 35 id. 100; 52 id. 220. Superior Courts, as successors of District Courts, can enforce the judgment rendered by the latter courts-54 Cal. 184. See Const. Cal. art. xxii, § 3. They have jurisdiction on habeas corpus, and all process necessary to enforcement of their judgments after affirmation on appeal-54 Cal. 344; 43 id. 457. A judge in one district may hold court in another district-1 Cal. 380; 2 id. 107. County Courts (Superior Courts) are courts of general criminal jurisdiction-27 Cal. 65. This section confers appellate jurisdiction on Superior Courts, when mode and means of appeal are provided-41 Cal. 129. The jurisdiction of County Courts extends to inquiries by in tervention of grand juries-53 Cal. 412.

Adjournment.-By the Act of March 1st, 1864, a district judge may adjourn a general term in one county over an intervening term in an other county; and the Act of 1863, p. 333, was intended to prevent the loss of a term, if the judge did not appear on the day appointed-42 Cal. 20.

Art. VI, § 19. Judges shall not charge juries with respect to matters of fact, but may state the testimony and declare the law.

Instructions.-Court may instruct jury that testimony tends to prove the matter-49 Cal. 560; may state evidence and declare law, but not express opinion on weight of evidence-17 id. 166; 18 id. 376; 22 id. 213; 24 id. 505; 27 id. 509; 34 id. 663: 36 id. 255. It should not instruct on con troverted facts-51 Cal. 588; or charge that the existence of a fact raises a presumption of existence of another fact-51 Cal. 603; 52 id. 315; 54 id: 63; 51 id. 589.

Art. XX, § 2. Any citizen of this State who shall, after the adoption of this Constitution, fight a duel with deadly weapons, or send or accept a challenge to fight a duel with deadly weapons, either within this State or out of it, or who shall act as second, or knowingly aid or assist in any manner those thus offending, shall not be allowed to hold any office of profit, or to enjoy the right of suffrage under this Constitution.

Disfranchisement is not a cruel personal punishment within the inhibition of the Constitution-3 Smith, Pa. 112. See 28 Ind. 393.

Art. XX, § 10. Every person shall be disqualified from holding any office of profit in this State who shall have been convicted of having given or offered a bribe to procure his election or appointment.

AN ACT TO ESTABLISH A PENAL CODE.

[Approved February 14th, 1872.]

The People of the State of California, represented in Senate and Assembly, do enact as follows:

TITLE OF THE ACT.

1. This Act shall be known as THE PENAL CODE OF CALIFORNIA, and is divided into Three Parts, as follows:

I-OF CRIMES AND PUNISHMENTS.

II-OF CRIMINAL PROCEDURE.

III-OF THE STATE PRISON AND COUNTY JAILS.

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§ 7.

Certain terms defined in the senses in which they are used in this Code.

§ 10. Proceedings to impeach or remove officers and others preserved. 11. Authority of courts-martial preserved. Courts of justice to punish for contempts.

§ 12.
§ 13. Punishments, how determined.

Of sections declaring crimes punishable. Duty of court.

Witness' testimony may be read against him on prosecution for perjury.

§ 14.

§ 18. Punishment of felony, when not otherwise prescribed.

§ 19. Punishment of misdemeanor, when not otherwise prescribed. § 20.

To constitute crime there must be unity of act and intent.

§ 21. Intent, how manifested, and who considered of sound mind.

§ 22. Drunkenness no excuse for crime. When it may be considered. $ 23. Certain statutes specified as continuing in force.

§ 24. This act, how cited.

2. This Code takes effect at twelve o'clock, noon, on the first day of January, eighteen hundred and seventythree.

3. No part of it is retroactive, unless expressly so declared.

Construction.- The Code is not retrospective, unless so expressed-4 Cal. 136; 2 Wall. 328; 2 Cranch, 272; id. 358; 3 id. 399; 2 Gall. 139; id. 204; 1 Bay, 179; 1 Blackf. 220; 4 Const. S. C. 384; 1 Ala. 226; 6 Johns. 101; 7 id. 474; 3 Me. 326; 11 Mass. 396; 3 N. H. 473; 4 id. 19; 6 id. 109; 4 Serg. & R. 401; 13 id. 256. It is competent in the Legislature to make a statute retroact-1 Cal. 65; 39 id. 309. So, as to acts concerning appeals-28 Cal. 320.

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4. The rule of the common law, that penal statutes are to be strictly construed, has no application to this Code. All its provisions are to be construed according to the fair import of their terms, with a view to effect its object and to promote justice.

Common-law rule abrogated-45 Cal. 431; 49 id. 70; 46 id. 117.

Reasonable construction.-The reasonable sense designed by_the Legislature must be applied-8 How. 41; 7 Peters, 164; 3 Wash. C. C. 209; 4 Denio, 235; 1 Ired. 121; 2 Leigh, 741; 2 Md. 310; 32 Me. 369; 2 McCord, 483; 8 Mass. 107; 4 Pick. 233; 15 Wend. 147; 3 Serg. & R. 207; 2 Va. Cas. 228.

5. The provisions of this Code, so far as they are substantially the same as existing statutes, must be construed as continuations thereof, and not as new enactments.

6. No act or omission commenced after twelve o'clock, noon, of the day on which this Code takes effect as a law, is criminal or punishable, except as prescribed or authorized by this Code, or by some of the statutes which it specifies as continuing in force and as not affected by its provisions, or by some ordinance, municipal, county, or township regulation, passed or adopted under such statutes, and in force when this Code takes effect. Any act or omission commenced prior to that time may be inquired of, prosecuted, and punished in the same manner as if this Code had not been passed.

Effect on past offenses. -Where, by subsequent statute, the punishment is increased, it is ex post facto, and inoperative-Const. U. S. art. i, § 10, subd. 1; 46 Cal. 117; 3 Dall. 386; 6 Cranch, 87, 138; otherwise, where punishment is diminished-22 N. Y. 95; 21 Pick. 492; 3 Chand. 109; 1 Blackf. 193; 7 Tex. 69. Increased punishment for a subsequent offense may be imposed-45 Cal. 430; 47 id. 113; see Desty's Crim. Law, § 46 d, p. 125; and this is not punishment for the first offense-People v. Stanley, 47 Cal. 114. If a statute is changed subsequent to commission of offense, the punishment is regulated by the prior law-7 Cal. 356; but statutes changing the forms of procedure are not ex post factó laws-46 Cal. 118. See Ex POST FACTO, ante, Const. Provis.

7. Words used in this Code in the present tense include the future as well as the present; words used in the masculine gender include the feminine and neuter; the singular number includes the plural, and the plural the singular; the word person includes a corporation as well PEN. CODE.-3.