Judgment to be remitted.-The judgment of the appellate court is required to be certified to the lower court, that the original judg ment may be carried into effect, as directed by the appellate tribunal -41 Cal. 211. 1265. 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. Jurisdiction, when ceases.-After remittitur, the Supreme Court loses all jurisdiction, and the lower court can make all orders necessary to carry the judgment into execution by proceedings in the lower court -41 Cal. 211. Upon the affirmance of an order or judgment, no order of the appellate court is necessary directing the court below to enforce judgment-39 Cal. 102. After judgment affirmed, a second commitment need only recite the judgment of conviction, that defendant appealed, and judgment was affirmed. It need not recite the judgment of the lower court, or that the remittitur had been issued-41 Cal. 210. Nisi prius courts cannot set aside or disregard declarations of the Supreme Court, because it may seem to them unsound-45 Cal. 57. TITLE X. Miscellaneous Proceedings. CHAP I. BAIL, §§ 1268-1317. II. WHO MAY BE WITNESSES IN CRIMINAL III. COMPELLING THE ATTENDANCE OF WIT- IV. EXAMINATION OF WITNESSES ALLY, §§ 1335-46. CONDITION V. EXAMINATION OF WITNESSES ON COMMISSION, VI. INQUIRY INTO THE INSANITY OF THE DE VII. COMPROMISING CERTAIN PUBLIC OFFENSES VIII. DISMISSAL OF THE ACTION, BEFORE OR IX. PROCEEDINGS AGAINST CORPORATIONS, §§ X. ENTITLING AFFIDAVITS, § 1401. XI. ERRORS AND MISTAKES IN PLEADINGS AND XII. DISPOSAL OF PROPERTY STOLEN OR EMBEZ- XIII. REPRIEVES, COMMUTATIONS, AND PARDONS, CHAPTER I. BAIL. ART. I. In what cases the defendant may be admitted to bail. II. Bail upon being held to answer before indictment. III. Bail upon an indictment before conviction. IV. Bail on appeal. v. Deposit instead of bail. VI. Surrender of the defendant. VII. Forfeiture of the undertaking of bail or of the deposit of money. VIII. Recommitment of the defendant after having given bail or deposited money instead of bail. ARTICLE I. In what cases the defendant may be admitted to bail. § 1268. Admission to bail defined. § 1269. Taking of bail defined. § 1271. § 1272. Defendant when admitted to bail before conviction. § 1273. § 1274. When bail is matter of discretion, notice of application must be given to district attorney. 1268. Admission to bail is the order of a competent court or magistrate that the defendant be discharged from actual custody upon bail. Admission to bail-See 54 Cal. 103. Release on bail is not imprisonment during the period of such release-41 Cal. 210. See ante, §§ 822, note, 874. 1269. 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, accord ing to the terms of the undertaking, or that the bail will pay to the people of this State a specified sum. Taking bail defined.-A prisoner arrested for felony must, in order to procure bail, be taken before the magistrate who issued the warrant, or some other magistrate in the same county-54 Cal. 103. In fixing the amount of bail, the sole purpose should be to cause the appearance of the accused to answer the charge-54 Cal. 75; see ante, § 822. The sum of one hundred and twelve thousand dollars is not excessive for ten distinct felonies, such being the amount alleged to have been taken by the prisoner by reason of said felonies-53 Cal. 410. Fifteen thousand dollars is not excessive on the charge of assault to murder-44 Cal. 555. See ante, § 822. 1270. 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. Offense not bailable.-Admission to bail in capital cases, where the proof is evident and the presumption great, may be made matter of discretion, or may be forbidden by legislation-19 Cal. 541; 54 Cal. 103; Const. Prov. ante, page 15. See ante, § 821. 1271. If the charge is for any other offense, he may be admitted to bail before conviction, as a matter of right. Bail as matter of right.-In all other than capital cases, bail is a matter of right-see 54 Cal. 103; Const. Prov. ante, page 15. Where the jury are unable to agree upon a verdict, and were discharged without consent, thereby protracting defendant's confinement in addition to long imprisonment before trial, he should be admitted to bail-41 Cal. 220. The practice of admitting persons charged with felony to bail, without an examination of witnesses for the people, is unauthorized by statute-39 Cal. 705. The constitution declaring bail a matter of right, contemplates only those cases in which the party has not been convicted-41 Cal. 29; 7 Peters, 568. 1272. 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 discretion in all other cases. Admission to bail is a matter in the discretion of the judge-48 Cal. 3; id. 553; 41 id. 30; 44 id. 555; and it ought in the first instance to be exercised by the court or judge who tried the case-48 Cal. 553. Statutes making bail after conviction a matter of discretion, are constitutional-41 Cal. 29. It is a discretion measured by legal rules and by reference to the analogies of the law-49 Cal. 680; 48 id. 5. PEN. CODE.-44. 1273. 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. [Approved February 15th, 1876.] See ante, § 1269, and note. Subd. 3. If a party be committed for an alleged offense, and an indictment be found against him, in a proceeding as to increasing or diminishing his bail, his guilt will be presumed-44 Cal. 557; see 54 id. 80; 19 id. 539; and see ante, § 1270. 1274. 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. |