Ex parte Vance

— The return to the writ of habeas corpus issued herein shows that the petitioner, D. M.Vance, was, on October 18,1889, adjudged by the superior court of Sacramento County to be guilty of contempt, and to pay a fine therefor of three hundred dollars, and to be imprisoned in the county jail of Sacramento County until such fine was paid, in the proportion of one day for every dollar of the fine. The petitioner was on that day committed to jail under said judgment, and there remained until October 22, 1889, when he was released by the sheriff, and remained at liberty, free, and without confinement, until June 10, 1891, at which date he was rearrested, under an order of the superior court made June 9,1891, directing that its former judgment be enforced. The release of petitioner by the sheriff was not by any order of the court, but upon an undertaking given by petitioner on appeal to the supreme court from said judgment of contempt, and it may be assumed that both the sheriff and the petitioner acted upon the belief that the execution of said judgment was stayed by said appeal and undertaking. The petitioner now claims his release, upon various grounds which assail the validity of the…