SEC. 14. Contempts punishable civilly.

15. No punishment for non-payment of interlocutory costs.

16. Id.; money due upon a contract.

17. Rules of courts of record, how made and revised.

18. Rules to be published.

19. Courts to order calendar printed.

20. Expense to be a county charge.

21. Certain papers may be destroyed.

22. Writs, etc., in name of the people, and in English; abbreviations.

23. Id.; teste and return.

24. Id. to be subscribed or indorsed. When error, etc., not to vitiate.

25. No discontinuance by reason of vacancy, etc.

26. In New-York, one judge may continue proceedings commenced before another.

27. Provisions respecting the seals of courts.

§ 5. [Amended, 1879.] Courts when sittings to be private. The sittings of every court within this State shall be public, and every citizen may freely attend the same, except that in all proceedings and trials in cases for divorce, on account of adultery, seduction, abortion, rape, assault with intent to commit rape, criminal conversation, and bastardy, the court may, in its discretion, exclude therefrom all persons who are not directly interested therein, excepting jurors, witnesses and officers of the court.

2 R. S. 274,1 (3 R. S., 5th ed., 465; 2 Edm. 284).

cases.

6. Courts not to sit on Sunday, except in special A court shall not be opened, or transact any business on Sunday, except to receive a verdict or discharge a jury. An adjournment of a court on Saturday, unless made after a cause has been committed to a jury, must be to some other day than Sunday. But this section does not prevent the exercise of the jurisdiction of a magistrate, where it is neces sary to preserve the peace, or, in a criminal case, to arrest, commit or discharge a person charged with an offence.

Id., 7, adding the words, "commit or discharge", In the last line Pulling . People, 8 Barb. 334; Vanderwerker v. People, 5 Wend, 530, Story . Elliot, 8 Cow. 27; Morris v. Crane, 4 Ch. Sent, 6; Isaacs v. Beth Hapiedrash Society, 1 Hilt. 469: Gould r. Spencer, 5 Paige, 541; Wright e. Jeffrey, 5 Cow. 15; Rob v. Moffat, 3 Johns. 257: Hoghtaling e. Osborn, 15 id. 119: Roberts v. Bower, 5 Hun, 558; see Langabier v. Railroad, 16 Am. Rep. 550,

§ 7. General powers of courts of record. - A court of record has power:

1. To issue a subpoena, requiring the attendance of a person found in the State, to testify in a cause pending in that court; subject, however, to the limitations prescribed by law, with respect to the portion of the State, in which the process of a local court of record may be served.

2. To administer an oath to a witness, in the exercise of the powers and duties of the court.

3. To devise and make new process and forms of proceedings, necessary to carry into effect the powers and jurisdiction possessed by it.

2 R. S. 276, 11 (3 R. S., 5th ed., 468; 2 Edm. 287).

8. Criminal contempts defined. - A court of record has power to punish for a criminal contempt, a person guilty of either of the following acts, and no others:

1. Disorderly, contemptuous, or insolent behavior, committed during its sitting, in its immediate view and presence, and directly tending to interrupt its proceedings, or to impair the respect due to its authority.(1)

2. Breach of the peace, noise, or other disturbance, directly tending to interrupt its proceedings.

3. Wilful disobedience to its lawful mandate.(2) 4. Resistance wilfully offered to its lawful mandate.(3)

5. Contumacious and unlawful refusal to be sworn as a witness; or, after being sworn, to answer any legal and proper interrogatory.(4)

6 Publication of a false, or grossly inaccurate report of its proceedings. But a court cannot punish as a contempt, the publication of a true, full, and fair report of a trial, argument, decision, or other proceeding therein.(5)

14., 10. (1) People r. Kelly, 24 N. Y. 74: s. c., 24 How. 369: affirming 21 d. 54; 12 Abb. 15; Thwing . Dennie, Quincy (Mass.), 338; U. S. v. Emerson, 4 Cranch's C. C. 158; Hill v. Crandall, 52 Ill. 70; In re Cooper, 22 Vt. 258; State v. Copp, 15 N. H. 212; see, also, 7 Alb. L. J. 129 and 139; 1 Eam. Select Cass, 140: Matter of Van Hook, 3 City Hall Rec. 69; - Matter of Spooner, 5 Id. 109: 2 Bish Cr. L., 252. (2) Mitchell's Case, 12 Abb. Pr. 219; Sudlow v. Knox, 7 Abb. Pr. (N. S.) 411; Matter of Stacy, 19 Johns, 328. (3) See post, 14, subd. 3. (4) Bowen v. Hunter, 45 How. 19: Alb. L. J. 129; Onderdonk e. Ranlett. 3 Hill, 329; Kiernan v. Abort. 3 T. & C. 753; s. c., 1 Hun, 109; People v. Fancher, 4 T. & C. 467; s... 2 Hun, 226; Heard e. Pierce, & Cush. 338; People v. Kelly, 24 N. Y. 74: se post, 2 14, subd. 5. (5) People v. Freer, I Cal. 394; People v. Compton, 1 Duer, 512; People v. Sturtevant, 9 N. Y. 263; People v. Kel, 24 id. 74; affirming 12 Abb. 150, 21 How, 54; Fassett v. Tallmadge, 14 Abb. 158; see People v. Wilson, 16 Am. Rep. 328, and cases cited.

9. Punishment for criminal contempts.- Punishment for a contempt, specified in the last section, may be by fine, not exceeding two hundred and fifty dollars, or by imprisonment, not exceeding thirty days, in the jail of the county where the court is sitting, or both, in the discretion of the court. Where a person is committed to jail, for the non-payment of such a fine, he must be discharged at the expiration of thirty days; but where he is also committed for a definite time, the

thirty days must be computed from the expiration of the definite time.

2 R. S. 276, 11. Macy v. Jordan, 2 Denio, 570; People v. Spalding, 10 Paige, 284; People v. Fancher, 4 T. & C. 467; s. c., 2 Hun, 226; Matter of Watson, 5 Lans. 466; Klugman's Case, 49 How. 484; Matter of Jacobs, id. 370; People v. Sturtevant, 9 N. Y. 263; affirming 1 Duer, 512; Hull . L'Eplatinier, 5 Daly, 534.

$10. Such contempts in view of court; how punished, etc. Such a contempt, committed in the immediate view and presence of the court, may be punished summarily ;(1) when not so committed, the party charged must be notified of the accusation, and have a reasonable time to make a defence. (2)

Id., 12. (1) People v. Kelly, 24 N. Y. 74; People v. Wilson, 16 Am. Rep. 528; 7 Alb. L. J. 129. (2) People v. Oyer and Terminer, 27 How. 14; Ackroyd v. Ackroyd, 3 Daly, 38; Matter of Smethurst, 2 Sandf. 724; Pitt e. Davison, 37 N. Y. 235.

11. Requisites of commitment.-Where a person is committed for such a contempt, the particular circumstances of his offence must be set forth in the mandate of commitment.

Id., 13. Dewitt v. Dennis, 30 How. 131; People v. Fancher, 4 T. & C. 467; People v. Connors, 15 Abb. N. S. 430.

12. Preceding sections limited. - The last four sections do not extend to a special proceeding to punish a person, in a case specified in section 14 of this act.

Id., 14.

-

13. Indictment, if offence is indictable.. Punishment for a contempt, as prescribed in this article, does not bar an indictment for the same offence; but where a person who has been so punished is convicted on such an indictment, the court, in sentencing him, must take into consideration the previous punishment.

Id., § 15.

14. Contempts punishable civilly. A court of record has power to punish, by fine and imprisonment, or either, a neglect or violation of duty, or other misconduct, by which a right or remedy of a party to a civil action or special proceeding, pending in the court may be defeated, impaired, impeded, or prejudiced, in either of the following cases:

1. An attorney,(1) counsellor, clerk, sheriff, (2) coroner, or other person, in any manner duly selected or appointed to perform a judicial or ministerial service,

for a misbehavior in his office or trust, or for a wilful neglect or violation of duty therein; or for disobedience to adlawful mandate of the court, or of a judge thereof, or of an officer authorized to perform the duties of such a judge.

2. A party to the action or special proceeding, for putting in fictitious bail or a fictitious surety,(3) or for any deceit or abuse of a mandate or proceeding of the court.(4)

3. A party to the action or special proceeding, an attorney, counsellor, or other person, for the non-payment of a sum of money, ordered or adjudged by the court to be paid, in a case where by law execution cannot be awarded for the collection of such sum;(5) or for any other disobedience to a lawful mandate of the court.(6)

4. A person, for assuming to be an attorney or counsellor, or other officer of the court, and acting as such without authority; for rescuing any property or person in the custody of an officer, by virtue of a mandate of the court (7) for unlawfully detaining, or fraudu lently and wilfully preventing, or disabling from attending or testifying, a witness, or a party to the action or special proceeding, while going to, remaining at, or returning from, the sitting where it is noticed for trial or hearing; and for any other unlawful interference with the proceedings therein.(8)

5. A person subpoenaed as a witness, for refusing or neglecting to obey the subpoena, or to attend, or to be sworn, or to answer as a witness.(9)

6. A person duly notified to attend as a juror, at a term of the court, for improperly conversing with a party to an action or special proceeding, to be tried at that term, or with any other person, in relation to the merits of that action or special proceeding: or for receiving a communication from any person, in relation to the merits of such an action or special proceeding, without immediately disclosing the same to the court.(10) 7. An inferior magistrate, or a judge or other officer of an inferior court, for proceeding, contrary to law, in a cause or matter, which has been removed from his jurisdiction to the court inflicting the punishment; or for disobedience to a lawful order or other mandate of the latter court.(11)

8. In any other case, where an attachment or any other

CONTEMPTS.

8

proceeding to punish for a contempt, has been usually adopted and practiced in a court of record, to enforce a civil remedy of a party to an action or special proceeding in that court, or to protect the right of a party.(12)

2 R. S. 534, Part 3, ch. 8, tit. 13, 1 (3 R. S., 5th ed., 849; 2 Edm. 552). (1) Ex parte Staats, 4 Cow. 76; People v. Wilson, 5 Johns. 369; People . Smith, 3 Cai. 221; Kane v. Van Vranken, 5 Paige, 62: Stage v. Stevens, 1 Den. 267; Bowling Green Savings Bank v. Todd, 52 N. Y. 489; Matter of Dakin, 4 Hill, 42; Wilmerdings v. Fowler, 55 N. Y. 641; Hess v. Joseph, 7 Rob. 609; Hatch . Fogerty, 10 Abb. N. S. 147: Goodenough . Spencer, 46 How. 347: Porter v. Parmley, 39 N. Y. Supr. 219; Hammond . Dean, 6 T. & C. 337; s. c., 3 Hun, 636; People v. Nevins, 1 Hill, 154. (2) People v. Stone, 10 Paige, 606; People v. Bennett, 4 id. 282; People v. Marsh, 2 Cow. 493; People v. Brown, 6 id. 41; Brockway . Wilber, 5 Johns, 356; People v. Adams, 6 Hill, 236; Anonymous, 23 Wend. 102; 2 Bish. Cr. L., § 255. worth e. Stagg, 2 Johns. Cas. 291; Dias v. Merle, 2 Paige, 494. (5) People (3) Hull. L'Eplatimer, 49 How. 500. (4) Butter. Bennett, 4 Paige, 282; Gray v. Cook, 24 How. 432; Beebe v. Kenyon, 3 Hun, 73; People v. Bergen, 6 id. 267; Lansing v. Lansing, 4 Lans. 377; reversing 41 How. 248; Ford v. Ford, id. 169; s. c., 10 Abb. 74; Matter of Kelly, 3 Hun, 636. Wetmore, 2 Robt. 697; Hull v. Thomas, 3 Edw. 236; Conover r. Wood, 5 (6) Sullow v. Knox, 7 Abb. Pr. (N. S.) 411; Heerdt v. Abb. 84; Billings . Carver, 54 Barb. 40; Panton v. Zebley, 19 How. 394; Harris . Clark, 10 id. 415; People v. Albany, etc., 12 Abb. 171; Injunction: Watson v. Fuller, 9 How. 425; People v. Compton, 1 Duer, 512; Mayor . Conover, 5 Abb. Pr. 244; Livingston v. Swift, 23 How. 1; Hillker r. Hathorne, 5 Bosw, 710; People v. Brower, 4 Paige, 405; Ewing e. Johnson, 34 How. 202; Mayor v. Conover, 5 Abb. 241: Mayor v. N. Y., etc., 64 N. Y. 623; Sutton e. Davis, 1d. 633: Rorke v. Russel, 2 Lans, 242; Neal r. Osborne, 15 How. 81; Wheeler v. Gilsey, 35 id. 139; Potter v. Low, 16 l. 549; Woolf . Jacobs, 36 Supr. 408. (7) People v. Church. 2 Wen. 262; Dias v. Merle, 2 Paige, 494; Riggs v. Whitney, 15 Abb. 388; O'Mahoney . Belmont, 62 N. Y. 133; Noe e. Gibson, 7 Paige, 513; Albany City Bank e. Schermerhorn, 9 id. 372. (S) Bergh's Case, 16 Abb. N. S. 266; Bonesteel e. Lynde, 8 How. 226. (9) Kiernan v. Abbott, 1 Hun, 109; s. c., 3 T. & C. 755; Bowen v. Hunter, 45 How. 193; Bank v. Arthur, 2 Sw. 194; Thomas, v. Kircher 15 Abb. N. S. 342; Heerdt v. Wetmore, 2 Root, 97; People v. Fancher, 4 T. & C. 467; 8. c., 2 Hun, 226. (10) Whart. Cr. L., 343; Offutt v. Parrott, 1 Cranch, 154; State v. Doty, 3 Vroom, 403. (11) De Witt ads, People, 3 Johns. Cas, 568. (12) L'Amoureux . Crosby, 2 Paige, 422; Dias v. Merle, fd, 491; Brockway v. Copp, id. 579; Matter of Heller, 3 id. 199; Matter of Lynch, 5 id. 120; Matter of Hopper, id. 489.

15. [Amended, 1877.] No punishment for nonpayment of interlocutory costs. But a person shall not be arrested or imprisoned, for the non-payment of costs, awarded otherwise than by a final judgment, or a final order, made in a special proceeding instituted by State writ, except where an attorney, counsellor, or other officer of the court, is ordered to pay costs for misconduct as such, or a witness is ordered to pay costs on an attachment for non-attendance.

L. 1847, ch. 390,2 (3 R. S., 5th ed., 126: 4 Edm. 630). Matter of Kelly, 6 T. & C. 117; s. c., 3 Hun, 636; Livingston e. Fitzgerald, 2 Barb. 396; Lorton r. Seaman, 9 Palge, 609; Gray v. Cook, 24 How. 432; Hulsaver. Wiles, 11 id. 446; Kearney's case, 13 Abb. 459; s. c., 13 How. 191.

16. Id.; money due upon a contract. Except in