Ex parte Noble

—I concur in the judgment. Under section 1446 of the Penal Code, the justice of the peace, if he desired to enforce the collection of the fine imposed upon the petitioner by imprisonment, should have directed in his judgment that he be imprisoned in the county jail “ until the fine be satisfied in the proportion of one day’s imprisonment for every dollar of the fine,” instead of one day for “ every two dollars of the fine.” But this error of the justice in favor of the petitioner did not make the judgment which he gave wholly void.

I concur in the opinion of Mr. Justice McFarland upon the other points therein discussed.

— The petitioner was convicted in a justice’s court of a misdemeanor in' maintaining a place where intoxicating liquors were sold, in violation of an ordinance of Sutter County, and sentenced to pay a fine of twenty-five dollars, and to be imprisoned until it was paid at the rate of two dollars a day. An appeal was taken by petitioner to the superior court of said Sutter County, and the judgment was affirmed.

The point, elaborately argued by counsel for petitioner, that the ordinance in question is “ in conflict with general laws,” and therefore void, was decided by this court adversely to petitioner’s contention in Ex parte Campbell, 74 Cal. 20 ; 5 Am. St. Rep. 418 .

There is nothing in the point that the judgment is void because it provides for the payment of the fine “ forthwith.” Such a judgment would necessarily take effect forthwith, even though the latter word were not used.

The judgment that petitioner pay a fine of twenty-five dollars, and in case said fine is not paid forthwith, that he “ be imprisoned in the county jail of Sutter County *364 until the fine be paid in proportion of one day’s imprisonment for every two dollars of the fine,” is clearly within the…