Page:United States Statutes at Large Volume 44 Part 1.djvu/924

 § 386 » TITLE 28.--JUIQICIAL t prisonment, at the discretion of the court, contempts of thelr ~ authority, Such potter to t punish contempts ifsnot be cgw · stmed to extend to any cases eatcegt, the wsb'&`i?€$YoTr of any . permn in their presence, or so»·»n@1·" thereto as to ohstructthe ` administration ot justice, the misbehavior of any of the omcers of said conrte in their omclal transactions, and the disobedience or resistance by a-ny`_such omcer, or by any party, juror,. wit? ness, or ether person to any lawful ivrlt, process, order, rule, _ decree, or command of the éalducourts. (R.! S, ,§” 725; Mar. 3, 1911, c. 231, §  36`Stnt. 1163.) ` ·, . _ V 386; Céntenptsg then constituting also (criminal eoj[e¤sc:·-e-_ Any person who .sl1all—_ willfully disobey any   writ,} proce ess, order, rule, decree, nor co1nmagd¥__o£—;»any: district court ~,of the I[nited_aStates‘·or__a_£_1_y?t_eoqt‘fo,; the , District of Columbia by doing any a®,€a;__thjng   or thereby forbidden to be done thy hiih, if the. act or thing so done by. him be of such character ’as to constitute also a crixninal offenw under any statute of the United States or under, the laws ot. any — State in which the act was committed shall  proceededkagainst for his said contempt as hereinajterj ~.( Oct. '15{ 1914, » c:”%3, { 21, 38 Stat. 738;;. »¤·**‘__     " _ 1 .— 387. Same-}   E attachment; trial; { punishment.-——\Vhenc\;er jt shall be? made to`app,car to any 'dlstrlct court or judge thereof, onto any judge therein sitting, by the return of a proper omcer on -.lawtul process, wor upon; the ailidavit of some credible person, or by infomation illedeby any district attorney, that there ·is-reasonable lground to belieye thatlany nerson has been guilty of such, contempt, the court or judge théreof, or any judge thereinxsitting, may issue a rule requiring the said person so charged .to show cause upon a day certain ~why he should not be punished therefor,. which rule, together? with a copy of the aiiidavit or information, shall be aeryed upon the person charged, with sufficient promgtness to enable him to prepare for and make return to the order at the time fixed therein. 'If upon or hy such return, in thejudgment ot the court, the alleged cdntenipt be not suiliciently purged, a trial shall be directed at a time and place ilxed by theconrt. If the accused, being a,natural_f>erson, tailor refuse to make return to the rule to- show cause, an attachment may issue against his person to compel an answerfand in case of, his continued failure or refusal, or if for any reason it be im- practicable 'to dispose of the matter on the return day, he may be required to give reasonable bail for- his attendance at the trial and hisgsuhmlssion- to the dual. judginent of the court. Where the accused`is°·a body corporate, an attachment for the scqncstr tlqxn of its property may be issued upon Illia refusal or iallur to answer, » » 1 ‘   · ‘ ” ° ` l In all cases within the purview of sections 381 to 383, ,386 to we of this title, section 412 et,'1‘ltle 18, section 52 of Title 29 and eectiens  to 21 of Title 1§, such trial may be by the court, , or, upon, demand ot the accumd, by a jury; in which latter ewjent the court inay l@panel zi jury from the jurors then in attendanceyor the court or the judge thereof in chambers  ay cause a sudlcient undue; of jurors to be selected ¥ and sqmmcned, as; proqldcd by law, to attend at the time and pl ce ot tgal, at which time"a jury shall be selected and impaneled as upon a trial for misdemeanor; and such trial shall conform, as. near as may- hepto the practice ln. criminal cases prosecuted by indictment or upon information. ‘ t. I . ~ · It the accused be found guilty, judgment shall be entered accordingly, prescribing the punishment, either by due or im~  prieonment, or both, in the, discretion of thencourt. Such due shall beipaid to the (United. States or_to. the complainant or other party injurcd‘by the act constituting the contempt, or imay, where more than one `ls so- damaged, be divided. or apportioned among them as the "court may direct, `butJ in no case ” enarrtue une to be paid to the United States exceed. in casethe accused is a natura1.person,,the sum of $1,000, nor shall such

UQDE AND JUDIOIAl2¥ cc .,1,  fw" ... 910   p¤¤¤ggm"6§§“§ exgcgd the term of six mentlis. In, anycasg mg 7  `= utt Gr ~ a judge-,th`crcc£ may, mr md cause shown, by mii- W dui; or proc! taken in open court or bcfnrc ysuch judge zmgl illcd with the papers in the case, dispense with the rnlc to show ‘_ causé, undmay issue an attachment for the, arrest of the per- E son  with ccntémpt; in which event such person, when arrested, shall be brought before such court nr} a judge thereci without 1inncccss:1ry__delay Land shall be admitted t0_bai1 ing Xa reasonable, penalty fo1=/his’éppc&ra&'ce tc answer to the chgrgc critbr trlal 161- gtbc conympt  and thermftcr t-he pm! , cccdlngs shall bc  same; Rs prcvidcd herein in case the A rule/had issued in the tirst instance. (0ct;15, 1914, c. 32::, $,22, 38.Stat. 738.).% _. . . n  tc. 388.° Sahc; rcvicir gf- c¤nviction.—41‘he {evidence téken umn N the trial ot any persons wgceusedmy (bc pr@ervm’by bill ” otherecpticnspand any jhidgment qt iconviéltliiu  rcvicircu ' upon wrlt·0f_·error· in all rwpécts QS D1'6vi®d     15, " 1914, by"lgw·ln criminal casa, and may be ¤$rmcd, rcrersed, (0} modified as jusiticc may require. Upon the gauging ct such , writ otherror, execution ot judgment shall bc sta§M{ and the accused, ‘ if thereby. sentenced to imprisonment,. shall bc ad- I xnittcd to bail in snch reasonable 'smn as may be rcquhed by _the court, or by anyjuéticc, orhny judge ot any district ccmrr of the United Stntcspr any ccnrt of the District of‘C0lnmbia. (Oct. 15, 1914S cl. 323, 5 23, ‘38 Stat. 739.)  · _ _ 389. Same; not sgmciicqlly ¢¤umcratcd.e—Npthing ccntahicd ·in_ sections-,386't6 388 and  oi this title shall be construed to` relate to contcmpts committed in the  ofjhe court, 01'r8O ucar thereto- as td obstruct the administration at justice, .nor toi contcxnpts c0mmittcd~· in dlsobwicncc of any lawful` _ writ,. »pmpm,. order, rule, decree, or conxmand, entered an any Z suit- orraétion brought (nr prosecuted in the name of, or on bchalf·6f,`the lUnitedSStatcs, bntthe same, and allbother cases; of contempt not. spccitlcnl-ly ‘ embraced within section 3%) of l this title, may bc punished in contprmity to the ugagu _•t law linnd iin__cqulty_ prévcillng _0n October 15,1914;. 15, 1914,* c.,323,¤§ 24,*38 Stat._739.)“ B -· . _ — ‘ 390. r Same: lihltstionsr-No proceeding for contempt shall bc instituted against any pérson unlm begun within cncnyearntronn the date of the act complained ct; nor shall any such proceeding be-a· bar to nny criminal prosecutlnn for the, same gct or acts. . (Oct. 15, 1914,0., 323,- S, 25, 38_ Stat. 740.) · · ‘ 391. ~(J\id icial Code, section 269, `nmeaded.) Ncw` trials; harmless crrmie-—All _Unltéd States courts shall have power to grant new trials, in cgsw where there hasbccn.1- trial by _jury, for reasons for. which new trials Vhqvc usually been _ granted `ln tbgé courts rot law; not the bearing of any ippeal, certiorari, .wrlt not error, or motion `tor a new trial, in guy, caéc, civil? or criminal; the court shall give jndgment after an ' examination ot the cntiré record cbctbrc, the cemrt, without rcgard to technical errors, detects, cr exceptions which do not adcct {hB`8ilbSt8Dti&l.’1fight8‘0f the  .(R. S. Y 726; Har. 3, 1911, c. 231, §`2®, 36 Stat. 11%; Feb. ‘%, 1919, c. 48, ‘40 Stat; 1181.)  · " ·, — K c Z _ 392.' (Judicial. Code, necticn 276.) `Security fer the peace and good bchivior.~—4·'1‘hc judges of tbc Supreme Court and ot the circuit cqurts of appeals and district courts, United States "commissioncrs, ind the bjndgu and other nlawtratw ot the Acrcral. States, who nrc cr may bc anthorlzed by law to make arrests for offenses against the _ United States, shall Have. the c like authority to hold to security ct the peace rand for gcod behavior, . in cases arising undcr the Constitution and laws of the   8t¤t& ,, aslmcy bg lawfully exercised by any. judge or justice ct tl;c_ peace of the respcctlvc__Statcs, in cilses‘c0g—- — niinblcjbcforc them. .(B..S. { 727; Mar. 3, 1911, c. 231, 5 270, _ 36 Stat; 1163.·)v  g ‘ k ’ " ’ 393. (Judicial Codc, section 271.) 7 Enfcrccment of awards, of forcigri cannula.-—Tha district courts and the United States