483.

Whenever a warrant of attachment is issued pursuant to this Amen did

chapter, the court or judge shall direct whether the person charged

may be let to bail for his appearance, upon the warrant, or detained inch 2 8/869 custody without bail; and if he may be bailed, the amount in which he Se last page may be let to bail. The directions given in this respect shall be

specified in the warrant, or endorsed thereon.

484. Upon executing the warrant of attachment, the sheriff shall keep the person in custody, bring him before the court or judge, and detain him until an order be made in the premises, unless the person arrested entitle himself to be discharged, as provided in the next section.

485. When a direction to let the person arrested to bail, is contained in the warrant of attachment, or endorsed thereon, he shall be discharged from the arrest, upon executing and delivering to the officer, at any time before the return day of the warrant, a written undertaking, with two sufficient sureties, to the effect that the person arrested will appear on the return of the warrant and abide the order of the court or judge thereupon; or they will pay as may be directed, the sum specified in the warrant.

486. The officer shall return the warrant of arrest and undertaking, if any, received by him from the person arrested, by the return day specified therein.

487. When the person arrested has been brought up or appeared, the court or judge shall proceed to investigate the charge, and shall hear any answer which the person arrested may make to the same, and may examine witnesses for or against him, for which an adjournment may be had from time to time, if necessary.

488. Upon the answer and evidence taken, the court or judge shall determine whether the person proceeded against is guilty of the contempt charged, and if it be adjudged that he is guilty of the contempt, a fine may be imposed on him not exceeding five hundred dollars, or he may be imprisoned not exceeding five days, or both.

489. When the contempt consists in the omission to perform an

act which is yet in the power of the person to perform, he may be impris oned until he have performed it, and in that case the act shall be specified in the warrant of commitment.

1. If a party be imprisoned for contempt in not answering questions pertinent in an action, he will be discharged when that action has abated.-Ex parte Rowe, 7 Cal., Jan. T.

490. Persons proceeded against according to the provisions of this chapter, shall also be liable to indictment for the same misconduct, if it be an indictable offense; but the court before which a conviction is had on the indictment, in passing sentence, shall take into consideration the punishment before inflicted.

491. When the warrant of arrest has been returned served, if the person arrested do not appear on the return day, the court or judge may issue another warrant of arrest, or may order the undertaking to be prosecuted, or both. If the undertaking be prosecuted, the measure of damages in the action shall be the extent of the loss or injury sustained by the aggrieved party, by reason of the misconduct for which the warrant was issued, and the costs of the proceeding.

492. Whenever by the provisions of this chapter, an officer is required to keep a person, arrested on a warrant of attachment, in custody, and to bring him before a court or judge, the inability, from illness or otherwise, of the person to attend shall be a sufficient excuse for not bringing him up; and the officer shall not confine a person arrested upon the warrant in a prison, or otherwise restrain him of personal liberty, except so far as may be necessary to secure his personal attendance.

1. Where an order of the district court, fining and imprisoning for contempt, does not specify on its face wherein the contempt consisted, it will be reversed on certiorari.— Ex parte Field, 1 Cal., 187.

493. The judgment and orders of the court or judge, made in cases of contempt, shall be final and conclusive. The punishment shall be by fine or imprisonment, but no fine shall exceed the sum of five hundred dollars, and no imprisonment shall exceed the period of five days, except as provided in section four hundred and eighty-nine.

1. This order is liable to be reviewed by a higher tribunal.-Ex parte Cohen, 5 Cal.,

494.

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TITLE XIV.

OF COSTS.

494. [1853, 1855.] The measure and mode of compensation of attorneys and counselors shall be left to the agreement, express or implied, of the parties. But there shall be allowed to the prevailing party in any action in the supreme court, district courts and county courts, his costs and necessary disbursements in the action or special proceeding in the nature of an action.

1. An attorney has no lien on a judgment for his fee.—Ex parte Kyle, 1 Cal., 331; Noxon v. Gregory, 5 How. Pr., 339; Benedict v. Harlow, ib., 347.

2. Counsel fees, when stipulated, are a mere incident of the judgment, and should be annexed to the costs.-Carrière v. Minturn, 5 Cal., 435; Gronfier v. Minturn, ib.,

492.

495.

[1853.] Costs shall be allowed of course to the plaintiff upon a judgment in his favor, in the following cases:

1st. In an action for the recovery of real property;

2d. In an action to recover the possession of personal property, when the value of the property amounts to two hundred dollars or Such value shall be determined by the jury, court or referee, by whom the action is tried;

over.

3d. In an action for the recovery of money or damages where plaintiff recovers two hundred dollars or over;

4th. In a special proceeding in the nature of an action.

See Sec. 255.

1. Where a remittitur is sent down, the clerk of the district court may issue execution for costs.-Mayor of Marysville v. Buchanan, 3 Cal., 212.

2. The plaintiff is bound by his statement of the value of the property, if no other is found by the court, and costs will be taxed accordingly.—Edgar v. Gray, 5 Cal., 267. 3. Where a plaintiff recovers less than two hundred dollars, but extinguishes a counter claim set up in the answer, which exceeds that amount, neither party is entitled to costs.-Kalt v. Lignot, 3 Abbott, 33, 190.

496. When several actions are brought on one bond, undertaking, promissory note, bill of exchange, or other instrument in writing, or in