Page:United States Statutes at Large Volume 71.djvu/674

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PUBLIC LAW 8 5 - 3 1 5 - S E P T. 9, 1957

[71

ST AT,

"(e) Any person cited for an alleged contempt under this Act shall be allowed to make his full defense by counsel learned in the law; and the court before which he is cited or tried, or some judge thereof, shall immediately, upon his request, assign to him such counsel, not exceeding two, as he may desire, who shall have free access to him at all reasonable hours. He shall be allowed, in his defense to make any proof that he can produce by lawful witnesses, and shall have the like process of the court to compel his witnesses to appear at his trial or hearing, as is usually granted to compel witnesses to appear on behalf of the prosecution. If such person shall be found by the court to be financially unable to provide for such counsel, it shall be the duty of the court to provide svich counsel." PART V—To PROVIDE TRIAL BY JURY FOR PROCEEDINGS To P U N I S H (CRIMINAL CONTEMPTS OF COURT GROWING O U T or CIVIL RIGHTS CASES AND To AMEND THE JUDICIAL CODE RELATING TO FEDERAL J U R Y QUALIFICATIONS C r i m i n a l contempt. Penalties.

Nonapplicablllty.

62 Stat. 951.

Short title.

SEC. 151. I n all cases of criminal contempt arising under the provisions of this Act, the accused, upon conviction, shall be punished by fine or imprisonment or both: Provided however, That in case the accused is a natural person the fine to be paid shall not exceed the sum of $1,000, nor shall imprisonment exceed the term of six months: Provided further, That in any such proceeding for criminal contempt, at the discretion of the judge, the accused may be tried with or without a j u r y: Provided further, however, That in the event such proceeding for criminal contempt be tried before a judge without a jury and the sentence of the court upon conviction is a fine in excess of the sum of $300 or imprisonment in excess of forty-five days, the accused in said proceeding, upon demand therefor, shall be entitled to a trial de novo before a jury, which shall conform as near as may be to the practice in other criminal cases. This section shall not apply to contempts committed in the presence of the court or so near thereto as to interfere directly with the administration of justice nor to the misbehavior, misconduct, or disobedience, of any officer of the court in respect to the writs, orders, or process of the court. Nor shall anything herein or in any other provision of law be construed to deprive courts of their power, hj civil contempt proceedings, without a jur^, to secure compliance with or to prevent obstruction of, as distinguished from punishment for violations of, any lawful writ, process, order, rule, decree, or command of the court in accordance with the prevailing usages of law and equity, including the power of detention. SEC. 152. Section 1861, title 28, of the United States Code is hereby amended to read as follows: "§ 1861. Qualifications of Federal jurors "Any citizen of the United States who has attained the age of twenty-one years and who has resided for a period of one year within the judicial district, is competent to serve as a grand or petit juror unless— " (1) He has been convicted in a State or Federal court of record of a crime punishable by imprisonment for more than one year and his civil rights have not been restored by pardon or amnesty. "(2) He is unable to read, write, speak, and understand the English language. "(3) He is incapable, by reason of mental or physical infirmities to render efficient jury service." SEC. 161. This Act may'be cited as the "Civil Rights Act of 1957". Approved September 9, 1957.

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