impair, impede, or prejudice the rights or remedies of a party to an action then pending in court—

1. Any clerk, sheriff, register, solicitor, attorney, counselor, coroner, constable, referee or any other person in any manner selected or appointed to perform any ministerial or judicial service, for any neglect or violation of duty or any misconduct by which the rights or remedies of any party in a cause or matter pending in such court may be defeated, impaired, delayed or prejudiced for disobedience of any lawful order of any court or judge, or any deceit or abuse of any process or order of any such court or judge.

2. Parties to suits, attorneys, and all other persons for the nonpayment of any sum of money ordered by such court, in cases where execution can not be awarded for the collection of the same.

3. All persons for assuming to be officers, attorneys or counselors of the court, and acting as such without authority, for receiving any property or person which may be in custody of any officer by virtue of any order or process of the court, for unlawfully detaining any witness or party to any suit, while going to, remaining at, or returning from the court where the same may be set for trial, or for the unlawful interference with the proceedings in any action.

4. All persons summoned as witnesses in refusing or neglecting to obey such summons to attend, be sworn, or answer, as such witness.

5. Parties summoned as jurors for impropriety, conversing with parties or others in relation to an action to be tried at such court or receiving communication therefrom.

6. All inferior magistrates, officers and tribunals for disobedi ence of any lawful order of the court or for proceeding in any matter or cause contrary to law, after the same shall have been removed from their jurisdiction.

7. All other cases where attachments and proceedings as for contempt have been heretofore adopted and practiced in courts of record in this state to enforce the civil remedies or protect the rights of any party to an action.

Code, ss. 654, 656.

Note. Any person disobeying order of court, guilty, see s. 684.

Sec. 144 (945). Proceedings as for contempt, how prosecuted.

Proceedings as for contempt shall be prosecuted and carried on, as provided in provisional remedies.

Code, s. 655.

Note. For refusal to produce books of corporations, see ss. 1215 et seq., Revisal 1905.

WHEN MAY PURGE.-Respondents in a proceeding as for contempt can purge themselves only where the intention is the gravamen of the offense. In re Gorham, 129-481.

FINDINGS OF FACT-NO REVIEW.-The findings of fact by the judge in a proceeding as for contempt can not be reviewed, if there is any evidence to support them. In re Gorham, 129-481.

NO JURY TRIAL.-Respondents in a proceeding as for contempt are not entitled to a jury trial. In re Gorham, 129-481.

JUROR.-A juror may be punished as for contempt for allowing himself to be improperly influenced. In re Gorham, 129–481.

INTERFERENCE IN ACTION.-A person may be punished as for contempt under subsection three for unlawful interference with proceedings in any action. In re Gorham, 129-481.

TO WHAT CLASS OF ACTIONS APPLICABLE.-The proceedings as for contempt prescribed in this section apply only to civil actions except subsections 4, 5 and 6. Deaton, 105-59.

HOW PROCEEDINGS COMMENCED.-Proceedings "as for contempt" should always be based on affidavits, though this is not required in proceedings for contempt proper. Deaton, 105-59.

Sec. 145 (100). Failure of executors to file accounts, how compelled.

If any executor, administrator or collector omits to account, as directed in the preceding section, or renders an insufficient and unsatisfactory account, the clerk shall forthwith order such executor, administrator, or collector to render a full and satisfactory account, as required by law, within twenty days after service of the order. Upon return of the order, duly served, if such executor, administrator or collector fail to appear or refuse to exhibit such account, the clerk may issue an attachment against him for a contempt and commit him till he exhibit such account, and may likewise remove him from office.

Code, s. 1400; C. C. P., s. 479.

Sec. 146 (869). Refusal to testify; penalty.

If a party refuses to attend and testify, as in the four preceding sections provided, he may be punished as for a contempt, and his pleadings may be stricken out.

Code, s. 584; C. C. P., s. 337.

Sec. 147 (1620). Fraud on the state, counsel must testify; proviso.

In cases where fraud upon the state is charged it shall not be a sufficient cause to excuse any one from imparting any evidence or information legally required of him, because he came into the possession of such evidence or information by his position as counsel or attorney before the consummation of such fraud, and any person refusing for such cause to answer any question when legally required so to do shall be guilty of contempt, and punished at the

discretion of the court or other body demanding such information: Provided, that it shall not be competent to introduce any admissions thus made on the trial of any persons making the same.

Code, s. 1349; 1874-5, c. 213.

Sec. 148 (1067). Witnesses before corporation commission; production of papers; contempt.

The corporation commission shall have the same power to compel the attendance of witnesses, require the examination of persons and parties, and compel the production of books and papers, and punish for contempt, as by law is conferred upon the superior courts. 1899, c. 164, ss. 1, 9, 10.

Sec. 149 (1318). Powers given board of commissioners.

The board of commissioners of the several counties shall have power

To authorize the chairman to issue subpoenas to compel the attendance before the board, of persons, and the production of books and papers relating to the affairs of the county for the purpose of examination, on any matter within the jurisdiction of the board. The subpoena shall be served by the sheriff or any constable to whom it is delivered; and upon return of personal service thereof, whoever neglects to comply with the subpoena or refuses to answer any proper question, shall be guilty of contempt and punishable therefor by the board. A witness is bound in such case to answer all the questions which he would be bound to answer in like case in a court of justice; but his testimony given before the board shall not be used against the witness on the trial of any criminal prosecution other than for perjury committed on the examination: the hairman of the board of county commissioners for each co ty is authorized in his official capacity to administer oaths in any matter coming before either of such boards. Any member of such board while temporarily acting as such chairman shall have and exercise like authority.

Sec. 150 (615). Judgment enforced by.

Where a judgment requires the payment of money or the delivery of real or personal property the same may be enforced in those respects by execution, as provided in this subchapter. Where it requires the performance of any other act a certified copy of the judgment may be served upon the party against whom it is given, or upon the person or officer, who is required thereby or by law to obey the same, and his obedience thereto enforced. If he refuse, he may be punished by the court as for contempt.

Code, s. 441; C. C. P., s. 257.

Sec. 151 (1426). Profane swearing punished as a contempt.

If any person shall profanely swear or curse in the hearing of a justice of the peace, holding court, the justice may commit him for contempt, or fine him not exceeding five dollars.

Code, s. 848; R. C., c. 115; 1741, c. 30.

Sec. 152 (684). Disobedience of orders, contempt; punishment.

If any person, party or witness, disobey an order of the court or judge or referee, duly served, such person, party or witness, may be punished by the judge as for a contempt. And in all cases of commitment under this subchapter, the person committed may, in case of inability to perform the act required, or to endure the imprisonment, be discharged from imprisonment by the judge committing him, or the judge having jurisdiction, on such terms as may be just.

Code, s. 500; C. C. P., s. 274; 1869-70, c. 79, s. 3.

Sec. 153 (851). Trust funds, etc., ordered seized by sheriff, when.

Whenever, in the exercise of his authority, a judge shall have ordered the deposit, delivery or conveyance of money or other property, and the order is disobeyed, the judge, besides punishing the disobedience as for contempt, may make an order requiring the sheriff to take the money or property, and deposit, deliver, or convey it, in conformity with the direction of the judge.

Code, s. 381; C. C. P., s. 215.

Sec. 154 (3124). Production of will for probate, compelled.

Every clerk of the superior court having jurisdiction, on application by affidavit setting forth the facts, shall, by summons, compel any person in the state, having in possession the last will of any decedent, to exhibit the same in his court for probate; and whoever being duly summoned refuses, in contempt of the court, to produce such will, or (the same having been parted with by him) refuses to inform the court on oath where such will is, or in what manner he has disposed of it, shall, by order of the clerk of the superior court, be committed to the jail of the county, there to remain without bail till such will be produced or accounted for, and due submission made for the contempt.

Code, s. 2154; C. C. P., s. 442.

Sec. 155 (1649). Commissioners may subpoena witness and punish for contempt.

Commissioners to take depositions appointed by the courts of this state, or by the courts of the states or territories of the United

States, arbitrators, referees, and all persons acting under a commission issuing from any court of record in this state, are hereby empowered, they or the clerks of the courts respectively in this state, to which such commission shall be returnable, to issue subpœnas, specifying the time and place for the attendance of witnesses before them, and to administer oaths to said witnesses, to the end that they may give their testimony. And any witness, appearing before any of the said persons, and refusing to give his testimony on oath touching such matters as he may be lawfully examined unto, shall be committed, by warrant of the person before whom he shall so refuse, to the common jail of the county, there to remain until he may be willing to give his evidence; which warrant of commitment shall recite what authority the person has to take the testimony of such witness, and the refusal of the witness to give it.

Code, s. 1362; R. C., c. 31, s. 64; 1777, c. 115, s. 42; 1805, c. 685, s. 1, 2; 1848, c. 66; 1850, c. 188.

CONTINUANCE.

The question of a continuance is a matter that lies in the discretion of the trial judge, and is not reviewable unless there has been a gross abuse of discretion. Blackley, 138-620.

CONTRACTORS AND ARCHITECTS.

Sec. 156 (3663). Contractor failing to furnish owner indebtedness for labor and materials.

If any contractor or architect shall fail to furnish to the owner an itemized statement of the sums due to every one of the laborers, mechanics or artisans employed by him, or the amount due for materials, before receiving any part of the contract price, he shall be guilty of a misdemeanor.

1887, c. 67, s. 4.

CONVICTION FOR LESS DEGREE OF CRIME.

Sec. 157 (3269). Conviction may be for a less degree or an attempt. Upon the trial of any indictment the prisoner may be convicted of the crime charged therein or of a less degree of the same crime, or of an attempt to commit the crime so charged, or of an attempt to commit a less degree of the same crime.

1891, c. 205, s. 2.