Page:United States Statutes at Large Volume 31.djvu/482

 430 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. Tenth. Disobedience of a subpoena duly served, or refusing to be sworn or answer as a witness; Eleventh. When summoned as a juror in a court, improperly conversing with a party to an action or proceeding to be tried at such court, or with any other person in relation to the merits of such action, or proceeding, or receiving a communication from a party or other person in respect to it without immediately disclosing the same to the court; Twelfth. Disobedience by an inferior tribunal, magistrate, or officer of the lawful judgment, order, or process of a superior court, or proceeding in an action or proceeding contrary to law, after such action or proceeding shall have been removed from the jurisdiction of such inferior tribunal, magistrate, or officer. The conduct specified in subdivisions iirst and second of this section, when committed before a judicial officer, or disobedience of the lawful order or rocess of such officer made in the cases specified in section seven humffed and eleven, is also to be deemed a contempt of the authority of Such officer. c0{’1j¤€x¤$;hm€¤* im Sec. 610. Every court of justice and every judicial officer has power ` to punish contempt by fine or imprisonment, or both. But such fine shall not exceed three hundred dollars nor the imprisonment six months; and when the contempt is not one of those mentioned in subdivisions iirst and second of the last section, or in subdivision first of section seven hundred and eleven it must appear that the right or remedy of a party to an action or proceeding was defeated or prejudiced thereby before the contempt can be punished otherwise than by fine not exceeding one hundred dollars. hggP*°S?‘;f€d°‘°°““· Sec. 611. When a contempt is committed in the immediate view PUHXS 9. . • • and presence of the court or officer, it may be punished summarily, for which an order must be made reciting the facts as occurring in such immediate view and presence, determining that the erson proceeded against is thereby guilty of a contempt, and that he be punished as therein prescribed. In other cases of contempt the trial shall proceed upon testimony produced as in criminal cases and the accused shall be entitled to be confronted with the witnesses against him, but such trial shall be by the court or, in the discretion of the·court, upon application of the accused, a trial by jury may be had as in any criminal case. c 0fI§rg'g;g3$g;€S·m°d€ Sec. 612. In cases other than those mentioned in the section last ` preceding, before any proceedings can be taken therein the facts constituting the contempt must be s own by an affidavit presented to the court or judicial officer, and thereupon such court or officer may either make an order upon the person charged to show cause why he should not be arrested to answer, or issue a warrant of arrest to bring such _ _ person to answer in the first instance. _ OI}g£°1Qf§;’g§§)*;})’§;’,f, •Sec. 613. If the (party charged l1B.1Il thecustody of an officer, by out. virtue of a legal or er or process, civil or criminal, except upon a sentence for a felony, an order may be made for the production of such person by the officer having him in custody, that he may answer, and e shall thereupon be produced and held, until an order be made for _ his disposal. T!¤€I7{1it€dS¤¤¤°¢S,iS Sec. 61-I. In the proceeding for a contempt the United States is the plaintiff, when dis- . . . . . . trict attorney may plaintiii. In all cases of public interest the proceedm may be prose- P’°“°“"’· cuted by the district attorney on behalf of the Uniteg States; and in all cases where the proceeding is commenced upon the relation of a private party, such party shall be deemed a coplaintiff with the United States. b&§j;1§Ph§)<jj€\g&·jga1;; Sec. 615. Whenever a warrant of arrest is issued pursuant to this executed. chapter the court or judicial officer shall direct therein whether the person charged may be let to bail for his appearance upon the war-