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order that a duplicate of the lost record, paper or proceeding. Duplicate be prepared and filed in said court.

prepared.

SEC. 18. The person making such application shall show to Application. the satisfaction of the court, that the record, paper or proceeding proposed to be restored, once existed, and has been lost, without the fault or connivance, directly or indirectly, of such applicant; and thereupon the court shall direct the Court to manner of proceeding to supply the loss, and the notices which of loss. shall be given to parties interested in the application.

direct supply

SEC. 19. The court before whom any such application is Witnesses, etc. pending, may issue subpoenas for, and compel the attendance of witnesses, or may direct the examination of witnesses on interrogatories, and compel such witness to submit to such examination for the purpose of establishing any point in any such proceeding.

substitute.

SEC. 20. If the court shall be satisfied that the record, Order to file paper or proceeding proposed to be substituted for the lost, exhibits all the material facts of the original, an order shall be entered that said substituted record, paper or proceeding, be filed or recorded with the officer to whom belongs the custody of the original; and during the continuance of such loss, the substituted record, paper or proceeding shall have Effect. the same effect in all respects and in all places as the original.

CHAPTER V.

Of Proceedings for Contempts.

for contempt.

SECTION 1. Every court of record shall have power to Punishment punish by fine or imprisonment, or both, persons guilty of any neglect or violation of duty or misconduct, in the following cases, and no others:

1. Disorderly, contemptuous, or insolent behavior, com Cases. mitted during its sitting, in its immediate view and presence, and directly tending to interrupt its proceedings, or to impair the respect due to its authority;

2. Any breach of the peace, noise or disturbance, directly tending to interrupt its proceedings;

3. All attorneys, counselors, clerks, registers, sheriffs, coroners, and all other persons in any manner duly elected or appointed to perform any judicial or ministerial services, for any misbehavior in such office or trust, or for any wilful neglect or violation of duty therein; for disobedience of any process of such court, or any lawful order thereof, or of any lawful order of a judge of such court, or of any officer authorized to perform the duties of such judge;

4. Parties to suits for putting in fictitious bail or sureties, or for any deceit, or abuse of the process or proceedings of the court;

5. Parties to suits, attorneys, counselors, and all other persons, for the nonpayment of any sum of money ordered by such court to be paid, in cases where by law execution cannot

Summary punishment.

Notice to be given.

Attachment

peremptory.

be awarded for the collection of such sum; the disobedience of or refusal to comply with any order of such court for the payment of alimony, either permanent or temporary, or costs made in any suit for divorce or separate maintenance; and any other disobedience to any lawful order, decree or process of such court;

6. All persons for assuming to be officers, attorneys or counselors of any court, and acting as such without authority; for rescuing any property or persons, which shall be in the custody of an officer by virtue of process issued from such court; for unlawfully detaining any witness or party to a suit, while going to, remaining at, or returning from the court where such suit shall be pending for trial; and for any other unlawful interference with or resistance to the process or proceedings in any action;

7. All persons summoned as witnesses for refusal or neg lect to obey such summons, or to attend or to be sworn, or when so sworn to answer any legal and proper interrogatory; 8. Persons summoned as jurors in any court, for im properly 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;

9. 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;

10. The publication of a false or grossly inaccurate report of its proceedings; but no court can punish as a contempt the publication of true, full and fair reports of any trial, argument, proceedings or decision had in such court;

11. All other cases where attachments and proceedings as for contempts have been usually adopted and practiced in courts of record to enforce the civil remedies of any party, or to protect the right of any such party.

SEC. 2. When any misconduct, punishable by fine and imprisonment as declared in the last section, shall be committed in the immediate view and presence of the court, it may be punished summarily, by fine or imprisonment, or both, as hereinafter prescribed.

SEC. 3. When such misconduct is not so committed, 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 defense, except in cases of disobedience to any rule or order requiring the payment of money, and of disobedience to any subpoena.

SEC. 4. When any rule or order of the court shall have been made for the payment of costs, or any other 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 issue a precept to commit the person so disobeying to prison, until such sum, and the costs and expenses of the proceeding shall be paid.

cause or at

SEC. 5. In all cases, other than that specified in the last Order to show section, the court shall either grant an order on the accused tachment party, to show cause at some reasonable time, to be therein to arrest. specified, why he should not be punished for the alleged misconduct, or shall issue an attachment to arrest such party, and to bring him before such court, to answer for such misconduct.

without

SEC. 6. When a rule shall have been entered in any court, Attachment according to the practice thereof, requiring any officer or special order. 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.

bring up

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

SEC. 8. In cases where a party is entitled to an attach- How allowed. ment 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.

SEC. 9. Such writ shall authorize the sheriff in whose cus- Authority tody such person shall be, to remove and bring him before the of writ. 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.

of bond for

SEC. 10. When an attachment shall be issued acording to Penalty the provisions of this chapter, by the special order of any appearance. court, such court shall direct the penalty in which the defendant shall give bond for his appearance to answer.

judge, etc.

SEC. 11. In all other cases, when party shall be entitled When penalty to an attachment, without the special order of the court, he directed by 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 matters alleged against him, and shall indorse such order on the attachment.

SEC. 12. Upon arresting any defendant, upon an attach- Arrest of ment, to answer for any alleged misconduct, the sheriff shall upon attach

defendant

ment

Discharge upon giving

bond for appearance,

etc.

Discharge only by special order

of court.

When discharged on bond of $100.

Officer to return bond.

Attachment to compel return.

How executed.

Affidavits, explanatory,

etc.

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.

SEC. 13. In cases where a sum shall have been endorsed 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 herein before 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.

SEC. 14. When an attachment shall be issued by the special order of the court, a certificate to that effect shall be 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 attachment.

SEC. 15. When an attachment shall be issued without the special order of the court, and an order specifying the 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 herein before specified.

SEC. 16. Upon returning any attachment, the officer executing the same shall return the bond, if any, taken by him of the defendant, which shall be filed with such attachment.

SEC. 17. The sheriff or other officer to whom any 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, 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 allowance, 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.

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.

SEC. 19. When any defendant arrested upon an attachment, shall have been brought into court, or shall have appeared

therein in response to any order to show cause, he shall be permitted to file affidavits controverting or explaining the matters stated in the affidavits upon which such attachment was issued, or order to show cause made, within such reasonable time as the court shall allow, and the court may receive any affidavits, or oral proofs contradictory or confirmatory of the answers of the defendant, and upon all such affidavits and proof, the court shall determine whether the defendant has been guilty of the misconduct alleged.

for contempts.

SEC. 20. Punishment for contempts may be by fine or im- Punishments prisonment in the jail of the county where the court may be sitting, or both, in the discretion of the court; but the fine shall in no case exceed the sum of two hundred and fifty dol- Limit of lars, nor the imprisonment thirty days; except in those cases where the commitment shall have been for the refusal to perform an act or duty which is still within the power of the party to perform.

fines, etc.

SEC. 21. If an actual loss or injury has been suffered by Indemnificaany party, by the misconduct alleged, the court, in addition tion. to such other penalty as may be imposed, shall order a sufficient sum to be paid by the defendant to such party to indemnify him, and to satisfy his costs and expenses; 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.

SEC. 22. When the misconduct complained of consists in Time of imthe omission to perform some act or duty, which is yet in the prisonment. 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.

SEC. 23. In such case the order and process of commit- Order, what ment shall specify the act or duty to be performed, and the to specify. amount of the fine and expenses to be paid.

duct.

SEC. 24. Persons proceeded against according to the pro- Indictment visions of this chapter, shall also be liable to indictment for for misconthe same misconduct, if it be an indictable offense; but the court before which a conviction shall be had on such indictment shall take into consideration the punishment before inflicted, in imposing sentence.

defendant;

SEC. 25. If the defendant against whom an attachment Default of shall have been issued and returned served, do not appear proceedings. 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.

of bond; pros

SEC. 26. The court may order an assignment of the bond Assignment to any aggrieved party who shall be authorized by the court ecution. 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.

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