Page:United States Statutes at Large Volume 47 Part 1.djvu/1042

 1018 CO NTEMP TS. Summary punish- ment in certain cases. 72d C ONGRESS. SESS. II. CH. 127 . FEBRU ARY 27, 1933 . relief is made within thirty days after the forfeiture is declared by the judg ment of the court, as provided in section 629 . The application may be made by a tenant or subtenant, or a mortgagee of the term, or any person interested in the continuance of the term. It must be m ade u pon p etiti on, s ettin g for th the fac ts up on which the r elief is s ought , and be v erifi ed by the appli cant. Noti ce of the application, with a copy of the petition, must be served on the plaintiff in the judgment, who may appear and contest the application. In no case shall the application be granted except on condition that full payment of rent due, or fu ll performance of conditions or covenants stipulated, so far as the same is practicable, be made. CHAPTER 20 .-CONTEMPTS SEC. 634. WHAT CONTEMPT OF COURT MAY BE PUNISHED SUMMARILY .... A person guilty of misbehavior in the presence of or so near a court, judg e, or magi strat e as to ob struc t the admi nistr ation of j us- tic e, including the refusal of a ierson present in co urt to be swo rn as a witness or to answer as a wi the ss wh en lawfully required, sha ll be guilty of contempt, which the court may punish summarily, by imprisonment in jail not exceeding ten days, or by fine not exceed- ing $100, or b (Y~ both such fine and imprisonment . Order adjudging SE C. 635 . ORDER ADJUDGING GUILT UN DER PRECEDING SECTION .- guilt . When a contempt under section 634 is commi tted, an o rder must be mad e, reciting the facts as occurring in su ch presence or pr oxi m- ity, adjudging that the person proceeded against is thereby guilty of a contempt, and that he be punished as therein prescribed . Furth er co ntemp ts . SE C. 636 . WHAT OTHER ACTS ARE CONTEMPTS OF COURT.-A person guilty ~ of any of the following ac ts may be punished as for contempt : 1. Disobedience of or resistance to a lawful writ, process, order, judgment, or command of the district or a magistrate's court, or injunction granted by the district court or jud e; 2. Misbehavior of an officer of a court in the performance of his official duties, or in his official transactions; 3. A failure to obey a subpoena duly served; 4. The re scu e, or attempted rescue, of a person or property in the custody of an officer by virtue of an orde r or proce ss of a co urt h eld by him. Affidavit offacts con- SE C. 637. AFFID AVIT OF FACTS CON STI'T U'TIN G CONTEMPT .-When a stituting. con te mpt under sec ti on 636 is co mmitt ed, an aff idavi t sha ll be pre- sented to the court, judge, or magistrate of the facts constituting the conte mpt. Warrant of attach- SEC. 638. A WARRA NT OF ATTACHMENT MAY ISSU E, OR A N OTICE TO ment may issue . SHOW CAUSE . -When a co ntemp t -un der s ectio n 636 is committed, a warrant of attachment may be issued to bring the person charged to answer, or, without a previous arrest, a warrant of commitment ma y, Notic e to show cause. upon notice, or up on an order to sho w cause, be granted; and no warrant o f co mmitm ent c an be issu ed wi thout such prev ious attac h- ment to answer, or such notice or order to show cause. Bail, as matter of SE C. 639. BAIL MAY BE GIVEN BY A PERSON ARRESTED UNDER SUCS right. WARRANT.--Whenever a warrant of attachment is issued, pursuant to thi s cha pt er, the court, judge, or mag is tra te mu st direct by an indorsement on such warrant, that the person charged may be let to ba il for his appearance, in an amount to be specified in such indorsement. Arrest and detention SEC. 640. MARSHAL OR CONSTABLE MUST, UPON EXEUU'rING 2'HAi WAR- by marshal, etc. RANT, ARRES T AND DETAIN THE PERSON UNTIL DISCHARGED. -U pon e xe- cuting the warrant of attachment, the marshal or constable must keep the p erson in c ustod y, br ing him be fore the c ourt, judge, or