TITLE 13. Power to punish for misconduct. Officers of courts. TITLE XIII. OF PROCEEDINGS, AS FOR CONTEMPTS, TO ENFORCE CIVIL REMEDIES SEC. 1. Cases of misconduct in which courts of record may punish. 2. When punishment may be summary. 3. When notice, &c. to be given to party accused. 4. When attachment may be peremptory. 5. Other cases, order or attachment to answer. 6. When attachment to answer without special order. 7. When habeas corpus may issue. 8. When it may be allowed by single judge, &c. 9. Authority conferred by writs of habeas corpus. 10. Court directing attachment, to prescribe penalty of bond. 13. When to be discharged on giving bond; its penalty, &c. 21. When fine to satisfy damages, &c. of party injured. 22. Fine limited in other cases. 23. Duration of imprisonment in certain cases. 24. Contents of order or process of commitment. 25. Term of imprisonment in other cases. 26. Persons punished, not exempt from indictment. 27. Proceedings if defendant in attachment does not appear. 28. Suit on bond taken on the arrest. 29. Measure of damages in such action. 30. When bond to be prosecuted by district attorney, &c. 31. Penalty to be recovered; how applied. 32. Liability of officer for taking insufficient sureties. 33. Supreme court may punish misconduct at circuits. 34. Circuit judges to proceed against defaulting witnesses. 35. Attachments how tested and allowed, &c. 36. Such attachments how to be executed. 37. Sickness, &c. of defendant in attachment; how to be kept. $1. Every court of record shall have power to punish, by fine and imprisonment, or either, any neglect or violation of duty, or any misconduct, by which the rights or remedies of a party in a cause or matter depending in such court, may be defeated, impaired, impeded or prejudiced, in the following cases: 1. All attornies, counsellors, solicitors, clerks, registers, sheriffs, coroners, and all other persons in any manner duly selected or appointed to perform any judicial or ministerial services, for any misbehaviour in such office or trust, or for any wilful neglect or violation of duty therein; for disobedience of any process of such court, or of any lawful order thereof, or of any lawful order of a judge of such court, or of any officer authorised to perform the duties of such judge: 2. Parties to suits, for putting in fictitious bail or sureties, or for deceit or abuse of the process or proceedings of the court: 3. Parties to suits, attornies, counsellors, solicitors and all other dered, &c. persons, for the non-payment of any sum of money ordered by such Parties for deceit, &c. Not paying money or any court to be paid, in cases where by law execution cannot be award- TITLE 13. ed for the collection of such sum; and for any other disobedience to any lawful order, decree or process of such court: 4. All persons, for assuming to be officers, attornies, solicitors or Interfering with proceedcounsellors of any court, and acting as such without authority; for res- ings, &c. cuing any property or persons, which shall be in the custody of any 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 noticed for trial; and for any other unlawful interference with the process or proceedings in any action: of witnesses. 5. All persons summoned as witnesses, for refusing or neglecting Neglect, &c. to obey such summons, or to attend or be sworn, or answer, as such witness: 6. Persons summoned as jurors in any court, for improperly con- Jurors. versing 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 any such suit, without immediately disclosing the same to the court: 7. All inferior magistrates, officers and tribunals, for disobedience Inferior ma gistrates, &c. 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, cascs. 8. All other cases, where attachments and proceedings, as for Other usual contempts, have been usually adopted and practised in courts of record, to enforce the civil remedies of any party to a suit in such court, or to protect the rights of any such party. S2. When any misconduct, punishable by fine and imprisonment, When sumas declared in the last section, shall be committed in the immediate mary. view and presence of the court, it may be punished summarily, by fine or imprisonment, or both, as herein after prescribed. &c. to be giv $ 3. When such misconduct is not so committed, the court shall When notice, be satisfied by due proof, by affidavit, of the facts charged, and shall en. cause a copy of such affidavits 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 disobedience to any subpoena. when pe $ 4. When any rule or order of a court shall have been made for Attachment the payment of 'costs, or any other sum of money, and proof, by affi- remptory. davit, 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, be paid. TITLE 13. When order or attachment to an swer. Attachment to answer cial order. $5. In all cases, other than that specified in the last section, the court shall either grant an order on the accused party, to show cause, at some reasonable time to be therein 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. $ 6. When a rule shall have been entered in any court, according without spe- 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. Habeas cor pus. When single judge may allow. Powers of sheriff. Penalty of bond to be directed. Ib by singlo judge, &c. Keeping per sons arrested. S7. 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 other contempts or misconduct, the court may award a writ of habeas corpus, to bring up the body of such person, to answer for such misconduct. $8. In cases where a party is entitled to an 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 authorised to perform the duties of such judge in vacation. S9. Such writ shall authorise 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. $10. When an attachment shall be issued, according to the provisions of this Title, by the special order of any court, such court shall direct the penalty in which the defendant shall give bond for his appearance to answer. $ 11. In all other cases, when a party shall be entitled to an attachment, without the special order of the court, he shall make application to a judge of the court, or to some officer authorised 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 to the matters alleged against him; and shall endorse such order on the attachment. $12. Upon arresting any defendant upon an attachment, to answer for any alleged misconduct, the sheriff shall keep such defendant 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 premi- TITLE 13. ses; unless such defendant shall entitle himself to be discharged, as prescribed in the next section. charged on &c. $ 13. In cases where a sum shall have been endorsed, on any at- To be distachment issued by the special order of the court, and where any sum giving bond, 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, at any time before the return day in such writ, a bond, with two sufficient sureties, in the penalty endorsed on such attachment, to such officer, by his name of office and his assigns, with a condition that the defendant will appear on the return of such attachment, and abide the order and judgment of the court thereupon. der of court S 14. When an attachment shall be issued by the special order of When on or a court, a certificate to that effect shall be endorsed thereon, by the only. 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. ty to be $100. $15. When an attachment shall be issued without the special order when penal 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. returned. $ 16. Upon returning any attachment, the officer executing the Bonds to be same shall return the bond, if any, taken by him, of the defendant, which shall be filed with such attachment. turn attach $ 17. The sheriff or officer to whom any attachment shall be de- Neglect to re livered, shall return the same by the return day specified therein, ment 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 some officer authorised 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. how kept. $ 18. The officer to whom such last mentioned attachment shall b. officer 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. $ 19. When any defendant arrested upon an attachment, shall have Interroga been brought into court, or shall have appeared therein, the court dence, &c. tories; evi TITLE 13. 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. 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. When accus ished. Fine to satisfy injured party. Amount in other cases. Time of im $20. If the court shall adjudge the defendant to have been guilty of the misconduct alleged, and that such 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. $21. If an actual loss or injury shall have been produced to any party, by the misconduct alleged, a fine shall be imposed sufficient to indemnify such party, and to satisfy his costs and expenses, which shall be paid over to him, on the order of the court. And in such case the payment and acceptance of such fine, shall be an absolute bar to any action by such aggrieved party, to recover damages for such injury or loss. $ 22. In all other cases the fine shall not exceed two hundred and fifty dollars, over and above the costs and expenses of the proceedings. S23. When the misconduct complained of, consists in the omisprisonment, sion to perform some act or duty, which it 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. Contents of order, &c. When to bo imprisoned 6 $24. In such case the order and process of commitment shall specify the act or duty to be performed, and the amount of the fine and expenses to be paid. $ 25. In all other cases, where no special provision is otherwise months, &c. made by law, if imprisonment be ordered, it shall be for some reasonable time not exceeding six months, and until the expenses of the proceeding 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. Liable to indictment. $26. Persons proceeded against according to the provisions of this Title, shall notwithstanding 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. |