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for any other unlawful interference with the process or proceedings in any action;

5. All persons summoned as witnesses, for refusing or neglecting to obey such summons, or to attend, or to be sworn, or answer as such witness;

6. Persons summoned as jurors in any Court, for improperly conversing with any party to a suit to be tried at such Court, or with any other person in relation to the merits of such suit; for receiving communications from any such party, or from any other person in relation to the merits of such suit, without immediately disclosing the same to the Court;

7. All inferior magistrates, officers and tribunals, for disobedience of any lawful order or process of a superior Court, or for proceeding in any cause or matter contrary to law, after such cause or matter shall have been removed from their jurisdiction; and:

8. All other cases where attachments and proceedings as 2 Paige, 494, 578. for contempts have been usually adopted and practiced in Courts of Record, to enforce the civil remedies of any party, or to protect the rights of any such party.

punished sum.

(4075.) SEC. 2. When any misconduct, punishable by fine when may and imprisonment as declared in the last section, shall be com-marily. mitted in the immediate view and presence of the Court, it may be punished summarily, by fine or imprisonment, or both, as hereinafter prescribed.

to be given.

(4076.) SEC. 3. When such misconduct is not so committed, When notice, etc. the Court shall be satisfied by due proof, by affidavit of the facts charged, and shall cause a copy of such affidavit to be served on the party accused, a reasonable time to enable him to make his defence, except in cases of disobedience to any rule or order requiring the payment of money, and of diso-bedience to any subpoena.

ment peremp

(4077.) SEC. 4. When any rule or order of the Court shall When attachhave been made for the payment of costs, or any other tory. sum of money, and proof by affidavit shall be made of the personal demand of such sum of money, and of a refusal to pay it, the Court may order a precept to commit the person 20 disobeying to prison, until such sum, and the costs and expenses of the proceeding shall be paid.

attachment to

(4078.) SEC. 5. In all cases, other than that specified in the When order or last section, the Court shall either grant an order on the answer. accused party, to show cause at some reasonable time, to be therein specified, why he should not be punished for the

Attachment

to

answer, without special order.

When Court may award habeas corpus.

When ha beas corpus may

etc.

be

alleged misconduct, or shall issue an attachment to arrest such party, and to bring him before such Court, to answer for such misconduct.

(4079.) SEC. 6. When a rule shall have been entered in any Court, according to the practice thereof, requiring any officer or other person, to whom any process of such Court may have been directed and delivered, to return the same, an attachment for disobedience of such rule may issue according to the practice of the Court, to arrest such officer or person, to answer for such disobedience, without special application to the Court.

(4080.) SEC. 7. If the party charged with misconduct be in the custody of any officer, by virtue of an execution against his body, or by virtue of any process for any other contempt or misconduct, the Court may award a writ of habeas corpus, to bring up the body of such person, to answer for such misconduct.

(4081.) SEC. 8. In cases where a party is entitled to an allowed by Judge, attachment against any person, without the special order of the Court, and such person shall be in custody, as specified in the last section, a writ of habeas corpus, to bring up such person, may be allowed by any Judge of the Court, or by any officer authorized to perform the duties of such Judge in vacation.

Powers of Sher

M

Bond to be directed.

(4082.) SEC. 9. Such writ shall authorize the Sheriff in whose custody such person shall be, to remove and bring him before the Court to which the same shall be returnable, and to detain him at the place where such Court shall be sitting, until some order be made by the Court for his disposition.

When penalty of (4083.) SEC. 10. When an attachment shall be issued according to the provisions of this chapter, by the special order of any Court, such Court shall direct the penalty in which the defendant shall give bond for his appearance to

When penalty to

be directed by

answer.

(4084.) SEC. 11. In all other cases, when a party shall be entisingle judge, etc. tled to an attachment, without the special order of the Court, he shall make application to a Judge of the Court, or to some officer authorized to perform the duties of such Judge, who, upon due proof of the facts and circumstances, shall direct the penalty in which the defendant shall give bond for his appearance to answer the matter alleged against him, and shall endorse such order on the attachment.

(4085.) SEC. 12. Upon arresting any defendant upon an

arrested.

attachment, to answer for any alleged misconduct, the Sheriff Keeping persons shall keep such person in his actual custody, and shall bring him personally before the Court issuing the attachment, and shall keep and detain him in his custody, until such Court shall have made some order in the premises, unless such defendant shall entitle himself to be discharged, as prescribed in the next

section.

on giving Bond

(4086.) SEC. 13. In cases where a sum shall have been endors- To be discharged ed on any attachment issued by the special order of the Court, and where any sum shall have been so endorsed by any Judge or other officer, as hereinbefore prescribed, the defendant shall be discharged from arrest on such attachment, upon executing and delivering to the officer making the same, in his name of office, and to his assigns, at any time before the return day of such writ, a bond with two sufficient sureties, in the penalty endorsed on such attachment, with a condition that the defendant will appear on the return of such attachment, and abide the order and judgment of the Court thereupon.

charged on order

(4087.) SEC. 14. When an attachment shall be issued by the when to be disspecial order of the Court, a certificate to that effect shall be of Court only. endorsed thereon by the Clerk of such Court, and if no sum be specified in which the defendant shall be held to bail on such writ, he shall not be entitled to be discharged from the arrest thereon, upon executing any bond, or in any other manner, unless upon the special order of the Court issuing the attach

ment.

be one hundred

(4088.) SEC. 15. When an attachment shall be issued with- When penalty to out the special order of the Court, and an order specifying the dollars. sum in which the defendant is to be held to bail is not endorsed thereon, the defendant shall be discharged from the arrest thereon, on executing a bond in the penalty of one hundred dollars, with sureties, in the same manner, and with the like condition, as hereinbefore specified.

turned.

attachment.

(4089.) SEC. 16. Upon returning any attachment, the officer Bonds to be reexecuting the same shall return the bond, if any, taken by him of the defendant, which shall be filed with such attachment. (4090.) SEC. 17. The Sheriff or other officer to whom any Neglect to return attachment shall be delivered, shall return the same by the return day specified therein, without any previous rule or order for that purpose, and in case of default, an attachment may be issued against him of course, upon being allowed by a Judge of the Court, or by an officer authorized to perform the duties of such Judge, upon proof of such default; and in such allow

Defendant, how

kept.

In te rrogatories, evidence, etc.

When accused to be punished.

When sum to be

paid to indemnify party injured.

4 Paige, 282. 2 do. 326.

Fine in other ca-
Bes.

onment.

2 Paige, 103.

ance, the cause of issuing the same shall be stated, and that the defendant is not to be discharged upon bail, or in any other manner but by order of the Court.

(4091.) SEC. 18. The officer to whom such last mentioned attachment shall be delivered, shall execute the same by arresting and keeping the defendant in his custody, bringing him personally before the Court, and detaining him in such custody, until the order of the Court.

(4092.) SEC. 19. When any defendant arrested upon an attachment shall have been brought into Court, or shall have appeared therein, the Court shall cause interrogatories to be filed, specifying the facts and circumstances alleged against the defendant, and requiring his answer thereto; to which the defendant shall make written answers on oath, within such reasonable time as the Court shall allow; and the Court may receive any affidavits or other proofs, contradictory of the answers of the defendant, or in confirmation thereof; and upon the original affidavits, such answers and such subsequent proof, shall determine whether the defendant has been guilty of the misconduct alleged.

(4093.) SEC. 20. If the Court shall adjudge the defendant to have been guilty of the misconduct alleged, and that the misconduct was calculated to or actually did, defeat, impair, impede or prejudice the rights or remedies of any party, in a cause or matter depending in such Court, it shall proceed to impose a fine, or to imprison him, or both, as the nature of the case shall require.

(4094.) SEC. 21. If an actual loss or injury has been produced to any party, by the misconduct alleged, the Court shall order a sufficient sum to be paid by the defendant to such party to indemnify him, and to satisfy his costs and expenses, instead of imposing a fine upon such defendant; and in such case, the payment and acceptance of such sum shall be an absolute bar to any action by such aggrieved party, to recover damages for such injury or loss.

(4095.) SEC. 22. In all cases other than that specified in the last preceding section, the fine shall not exceed two hundred and fifty dollars, over and above the costs and expenses of the proceedings.

Time of impris (4096.) SEC. 23. When the misconduct complained of consists in the omission to perform some act or duty, which is yet in the power of the defendant to perform, he shall be imprisoned only until he shall have performed such act or duty, and paid

such fine as shall be imposed, and the costs and expenses of

the proceedings.

specify.

(4097.) SEC. 24. In such case the order and process of com-Order what to mitment shall specify the act or duty to be performed, and the amount of the fine and expenses to be paid.

prisoned six

(4098.) SEC. 25. In all other cases where no special provision when to be imis otherwise made by law, if imprisonment be ordered, it shall months, etc. be for some reasonable time, not exceeding six months, and until the expenses of the proceedings are paid; and also if a fine be imposed, until such fine be paid; and in the order and process of commitment, the duration of such imprisonment shall be expressed.

ment.

(4099.) SEC. 26. Persons proceeded against according to the Liable to indict provisions of this chapter, shall also be liable to indictment for the same misconduct, if it be an indictable offence; but the Court before which a conviction shall be had on such indictment, shall take into consideration the punishment before inflicted, in forming its sentence.

fendant.

(4100.) SEC. 27. If the defendant against whom an attach-Default of dement shall have been issued and returned served, do not appear on the return day thereof, the Court may either award another attachment, or may order the bond taken on the arrest to be prosecuted, or both.

(4101.) SEC. 28. Such order shall operate as an assignment suit on Bond. of the bond to any aggrieved party who shall be authorized by the Court to prosecute the same, and such party may maintain. an action thereon in his own name, as assignee of the Sheriff or officer to whom the same was given, in the same manner as in other actions on bonds with condition to perform covenants other than the payment of money.

(4102.) SEC. 29. The measure of the damages to be assessed Damages therein. in such action, shall be the extent of the loss or injury sus tained by such aggrieved party, by reason of the misconduct for which the attachment was issued, and his costs and expenses in prosecuting such attachment.

sued by Attorney

ecuting Attor

(4103.) SEC. 30. If there be no party aggrieved by the mis- When Don1 to be conduct for which the attachment was issued, the Court, in General, or Prescare the defendant shall fail to appear according to the condi- noy. tion of the bond taken on the arrest, shall order the same to be prosecuted by the Attorney General, or by the Prosecuting Attorney for the county in which the bond was taken, in the name of the officer who took such bond.

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