forthwith be committed to the custody of the proper officer, and by him detained until the judgment is complied with. See ante, § 1205. 1216. If the judgment is for imprisonment in the State prison, the sheriff of the county must, upon receipt | of a certified copy thereof, take and deliver the defendant to the warden of the State prison. He must also delive to the warden the certified copy of the judgment, and take ¦ from the warden a receipt for the defendant. See ante, § 1213. 1217. When judgment of death is rendered, a warrant signed by the judge, and attested by the clerk under the seal of the court, must be drawn and delivered to the sheriff. It must state the conviction and judgment, and appoint a day on which the judgment is to be executed which must not be less than thirty nor more than sixty days from the time of judgment. Execution of death sentence.-The day for execution of the sertence should not be designated in the judgment, but in the warrante execution-45 Cal. 141; 38 id. 699; 45 id. 141; 54 id. 92. If the judg of death be not executed on the day appointed, the court rendez the judgment may appoint another day for carrying it into executes -38 Cal. 701. It is not the function of the court to fix the time a... | place of execution in the original sentence-45 Cal. 137; 55 Ala. 81. 1218. The judge of the court of which a conviction re quiring judgment of death is had, must, immediate after the conviction, transmit to the governor, by mai. otherwise, a statement of the conviction and judgmest and of the testimony given at the trial. 1219. The governor may thereupon require the opin of the justices of the Supreme Court and of the attorne general, or any of them, upon the statement so furnishe 1220. No judge, court, or officer, other than the gr ernor, can suspend the execution of a judgment of deat except the sheriff, as provided in the six succeeding se tions, unless an appeal is taken. 1221. If, after judgment of death, there is good reas to suppose that the defendant has become insane, L sherif of the county, with the concurrence of the judge of the court by which the judgment was rendered, may summon from the list of jurors selected by the supervisors for the year a jury of twelve persons to inquire into the supposed insanity, and must give immediate notice thereof to the district attorney of the county. 1222. The district attorney must attend the inquisition, and may produce witnesses before the jury, for which purpose he may issue process in the same manner as for witnesses to attend before the grand jury, and disobedience thereto may be punished in like manner as disobedience to process issued by the court. 1223. A certificate of the inquisition must be signed by the jurors and the sheriff, and filed with the clerk of the court in which the conviction was had. 1224. If it is found by the inquisition that the defendant is sane, the sheriff must execute the judgment; but if it is found that he is insane, the sheriff must suspend the execution of the judgment until he receives a warrant from the governor or from the judge of the court by which the judgment was rendered directing the execution of the judgment. If the inquisition finds that the defendant is insane, the sheriff must immediately transmit it to the governor, who may, when the defendant becomes sane, issue a warrant appointing a day for the execution of the judgment. 1225. If there is good reason to suppose that a female against whom a judgment of death is rendered is pregnant, the sheriff of the county, with the concurrence of the judge of the court by which the judgment was rendered, may summon a jury of three physicians to inquire into the supposed pregnancy. Immediate notice thereof must be given to the district attorney of the county, and the provisions of section one thousand two hundred and twenty-two and one thousand two hundred and twentythree apply to the proceedings upon the inquisition. 1226. If it is found by the inquisition that the female is not pregnant, the sheriff must execute the judgment: i it is found that the woman is pregnant, the sheriff must suspend the execution of the judgment, and transmit the inquisition to the governor. When the governor is satisfied that the female is no longer pregnant, he may issue his warrant appointing a day for the execution of the judgment. 1227. If for any reason a judgment of death has n been executed, and it remains in force, the court in which the conviction was had, on the application of the district attorney, must order the defendant to be brought before it, or, if he is at large, a warrant for his apprehension may be issued. Upon the defendant being brought before the court, it must inquire into the facts, and if no legal res sons exist against the execution of the judgment, mus make an order that the sheriff execute the judgment at å specified time. The sheriff must execute the judgmen accordingly. The Superior Court as successor of the District Court can make order to carry into execution a judgment of death rendered by th District Court-54 Cal. 184. An order for execution made in the sence of defendant is erroneous-54 Cal. 92. 1228. The punishment of death must be inflicted hanging the defendant by the neck until he is dead. 1229. A judgment of death must be executed with the walls or yard of a jail, or some convenient priva place in the county. The sheriff of the county must be present at the execution, and must invite the presence: a physician, the district attorney of the county, and at leas twelve reputable citizens, to be selected by him; and la shall, at the request of the defendant, permit such minters of the gospel, not exceeding two, as the defendi may name, and any persons, relatives or friends, not: exceed five, to be present at the execution, together w such peace officers as he may think expedient, to witnes the execution. But no other persons than those me |