upon whom the writ has been personally served, has, without just excuse, refused or neglected to obey the same, the court may, upon motion, impose a fine not exPunishment ceeding one thousand dollars. In case of a persistence in a refusal of obedience, the court may order the party to be imprisoned for a period not exceeding three months, and may make any orders necessary and proper for the complete enforcement of the writ.

therefor.

CHAPTER III.—Writ of Prohibition.

SEC. 561. The writ of prohibition is the counterpart of the writ of mandate. It arrests the proceedings Writ of Pro of any tribunal, corporation, board, or person, when such proceedings are without, or in excess of, the jurisdiction of such tribunal, corporation, board, or person.

hibition its offices.

SEC. 562. It may be issued by any court except police or justice's courts, to an inferior tribunal, or to a By what au corporation, board, or person, in all cases where there is not a plain, speedy, and adequate remedy in the ordinary course of law. It is issued upon affidavit, on the application of the person beneficially interested.

thority is

sued.

Writ alterna

emptory.

SEC. 563. The writ must be either alternative or peremptory. The alternative writ must state generally the tive or per allegation against the party to whom it is directed, and command such party to desist or refrain from further proceedings in the action or matter specified therein, until the further order of the court from which it is issued, and to show cause before such court, at a specified time and place, why such party should not be absolutely restrained from any further proceedings in such action or matter. The peremptory writ must be in a similar form, except that the words requiring the party to show cause why he Form of per- should not be absolutely restrained, etc., must be omitted and a return day inserted.

Form of alternative writ.

emptory writ.

SEC. 564. The provisions of the preceding chapter, except of the four first sections thereof, apply to this proceeding.

SEC. 565. Writs of review, mandate, and prohibition, issued by the supreme court, or by the district court, may be made returnable and a hearing thereon be had at any time.

TITLE XIII.-OF CONTEMPTS AND THEIR PUNISHMENTS.

SEC. 566. The following acts or omissions, in respect to a court of justice, or proceedings therein, are contempts of the authority of the court:

First. Disorderly, contemptuous, or insolent behavior towards the judge while holding court, tending to interrupt the due course of a trial or other judicial proceeding.

Second. A breach of peace, boisterous conduct, or violent disturbance, tending to interrupt the due course of the trial or other judicial proceeding.

Third. Misbehavior in office or other wilful neglect or violation of duty by an attorney, counsel, clerk, sheriff, coroner, or other person appointed or elected to perform a judicial or ministerial service.

Fourth. Deceit or abuse of the process or proceedings of the court by a party to an action or special proceeding. Fifth. Disobedience of any lawful judgment, order, or process of the court.

Sixth. Assuming to be an officer, attorney, counsel of a court, and acting as such without authority.

Seventh. Rescuing any person or property in the custody of an officer by virtue of an order or process of

such court.

Eighth. Unlawfully detaining a witness or party to an action while going to, remaining at, or returning from, the court where the action is on the calendar for trial.

Ninth. Any other unlawful interference with the process or proceedings of a court.

Tenth. Disobedience of a subpoena duly served, or refusing to be sworn or answer as a witness.

Eleventh. When summoned as juror in a court, neg

When return

Contempts deemed.

what shall be

Party dispossessed of real

property by order of court

lecting to attend or serve as such, or improperly conversing with a party to an action to be tried at such court, or with any other person, in relation to the merits of such action, 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 special proceeding contrary to law, after such action or special proceeding is removed from the jurisdiction of such inferior tribunal, magistrate, or officer. Disobedience of the lawful orders or process of a judicial officer is also a contempt of the authortty of such officer.

SEC. 567. Every person dispossessed or ejected from or out of any real property, by the judgment or process of any court of competent jurisdiction, and who, not having the right so to do, re-enters into or upon, or takes possession of, any such real property, or induces or procures any person not having the right so to do, or aids or abets him therein, is guilty of a contempt of the court retaining by which such judgment was rendered, or from which such process issued.. Upon a conviction of such contempt the court or justice of the peace must immediately issue an alias process, directed to the proper officer, and requiring him to restore the party entitled to the possession of such property, under the original judgment or process, to such possession.

without a u

thority guilty

of contempt.

how punish

committed in

SEC. 568. When a contempt is committed in the immediate view and presence of the court or judge at chambers, it may be punished summarily, for which an Contempt order shall be made reciting the facts as occurring in ed when such immediate view and presence, adjudging that the presence of person proceeded against is thereby guilty of a contempt, and that he be punished as therein prescribed. When the contempt is not committed in the immediate view and presence of the court or judge at chambers, an affidavit shall be presented to the court or judge of the facts

court.

constituting the contempt, or a statement of the facts by the referees or arbitrators.

When the contempt is not committed in the immediate view and presence of the court or judge, a warrant or attachment may be issued to bring the person charged to answer; or, without a previous arrest, a warrant of commitment may, upon notice or upon an order to show cause, be granted, and no warrant of commitment shall be issued without such previous attachment to answer, or such notice or order to show cause.

Proceeding in is committed ence of court.

case contempt

out of pres

Bail to be endorsed on

Whenever a warrant of attachment is issued pursuant to this chapter, the court or judge shall direct, by an endorsement on such warrant, that the person charged warrant. may be let to bail for his appearance, in an amount to be specified in such endorsement.

SEC. 569. Upon executing the warrant of attachment the sheriff shall keep the person in custody, bring him before the court or judge, and detain him until an order may be made in the premises, unless the person arrested entitle himself to be discharged, as provided in the next section.

SEC. 570. When a direction to let a person arrested to bail is contained in the warrant of attachment, or endorsed thereon, he shall be discharged from the arrest upon executing and delivering to the officer, at any time before return day of the warrant, a written undertaking, with two sufficient sureties, to the effect that the person arrested will appear on return of the warrant, and abide the order of the court or judge thereon, or they will pay as may be directed the sum specified in the warrant.

Duty or sher

iff in execut

ing the war

rant.

when pris

on bail.

oner released

SEC. 571. The officer shall return the warrant of arrest and undertaking, if any, received by him from Return of the person arrested, by the return day specified therein.

writ.

the charge.

SEC. 572. When the person arrested has been brought up or appeared, the court or judge shall proceed to investigate the charge, and shall hear any answer which Hearing of the person arrested may make to the same, and may examine witnesses for or against him, for which an adjournment may be had from time to time, if necessary.

SEC. 573.

Upon the answer and evidence taken the court or judge shall determine whether the person proOf judgment ceeded against is guilty of the contempt charged, and if

and fine.

If contempt is

act of omis

sion, party

it be adjudged that he is guilty of the contempt, a fine may be imposed upon him, not exceeding five hundred dollars.

SEC. 574. When the contempt consists in the omission to perform an act which is yet in the power of the imprisoned person to perform, he may be imprisoned until he shall have performed it, and in that case the act shall be specified in the warrant of commitment.

until act is performed.

SEC. 575. Persons proceeded against according to the provisions of this chapter shall also be liable to indictProceeding ment for the same misconduct, if it be an indictable offense; but the court before which a conviction is had on the indictment, in passing sentence, shall take into consideration the punishment before inflicted.

if offense indictable.

SEC. 576. When the warrant of arrest has been returned served, if the person arrested do not appear on return day the court or judge may issue another warrant of arrest, or may order the undertaking to be prosecuted, Proceedings or both. If the undertaking be prosecuted the measure of damages in the action shall be the extent of the loss or injury sustained by the aggrieved party, by reason of the misconduct for which the warrant was issued, and the costs of the proceedings.

if party fail to appear.

Illness an excuse for non appear

ance.

SEC. 577. Whenever, by the provisions of this chapter, an officer is required to keep a person, arrested on a warrant of attachment, in custody, and to bring him before a court or judge, the inability, from illness or otherwise, of the person to attend shall be a sufficient excuse for not bringing him up; and the officer shall not confine a person arrested upon the warrant in a prison, or Confinement otherwise restrain him of personal liberty, except so far as may be necessary to secure his personal attendance.

for contempt.

Judgment

SEC. 578. The judgment and order of the court or and fine for judge, made in cases of contempt, shall be final and conclusive. The punishment shall be by fine or imprison

contempt.