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SEC. 3. When the contempt is not committed in the immediate view and presence of the court or judge, a warrant of attachment may be issued to bring the person charged, to answer.

SEC. 4. Whenever a warrant of attachment is issued pursuant to this chapter, the court or judge shall direct whether the person charged may be let to bail for his appearance upon the warrant, or detained in custody without bail; and if he may be bailed, the amount in which he may be let to bail. The directions given in this respect shall be specified in the warrant or endorsed thereon.

SEC. 5. Upon executing the warrant of attachment, the marshal shall keep the person in custody, bring him before the court or judge, and detain him until an order be made in the premises, unless the person arrested entitle himself to be discharged, as provided in the next succeeding section.

SEC. 6. When a direction to let the 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 the return day of the warrant, a written undertaking, with two sufficient sureties, to the effect that the person arrested will appear on the return day of the warrant, and abide the order of the court or judge thereupon, or they will pay as may be directed the sum specified in the warrant.

SEC. 7. The officer shall return the warrant of attachment and the undertaking, if any, received by him from the person arrested, by the return day specified therein.

SEC. 8. 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 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. 9. Upon the answer and evidence taken, the court or judge shall determine whether the person proceeded against is guilty of the contempt charged, and if it be adjudged that he is guilty of the contempt, a fine may be imposed on him not exceeding two hundred dollars, or he may be imprisoned not exceeding four days, or both.

SEC. 10. When the contempt consists in the omission to perform an act which is yet in the power of the person to perform, he may be

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imprisoned until he shall have performed it, and in that case the act shall be specified in the warrant of commitment.

SEC. 11. When the warrant of attachment has been returned served, if the person arrested do not appear on the return day, the court or judge may issue another warrant; or may order the undertaking to be prosecuted, or both. If the undertaking be prosecuted, the measure of damages in the action shall be the extent of the injury or loss sustained by the aggrieved party by reason of the misconduct for which the warrant was issued, and the costs of the proceedings.

SEC. 12. The judgment and orders of the court or judge made in cases of contempt shall be final and conclusive. The punishment shall be by fine or by imprisonment, but no fine shall exceed the sum of two hundred dollars, and no imprisonment shall exceed the period of four days, except as is provided in section ten of this chapter.

SEC. 13. Disorderly, contemptuous, or insolent behavior towards referees or arbitrators sitting on a reference or arbitration, tending to interrupt the due course of the same, may be punished as a contempt by the circuit court, or by a judge thereof in vacation, in the manner herein before provided, upon an affidavit being presented to the court or judge of the facts constituting the contempt.

SEC. 14. Disorderly, contemptuous, or insolent behavior towards any person duly authorized by law to take depositions within this District, or duly appointed by any State or Territory of the United States to take depositions within this District, whilst engaged in the taking of depositions, tending to interrupt the same, or disobedience of a subpoena issued by such person and duly served, or refusal to be sworn or answer as a witness, or to subscribe an affidavit or deposition when required by such person, may be punished as a contempt by the circuit court, or any judge thereof in vacation, in the manner hereinbefore provided, upon an affidavit being presented to the court or judge of the facts constituting the contempt. If such person authorized to take depositions be a justice of the peace, this section shall not apply; but the offending party in such case may be proceeded against in the manner provided in cases of contempts before justices.

CHAPTER 125.

OF PRIVILEGE FROM ARREST.

SECTION

1. Who shall be privileged from arrest. 2. Service of summons may be made.

SECTION

3. Persons wrongfully arrested may be dis-
charged on motion, or habeas corpus.
4. Attachment of contempt, a civil process.

SECTION 1. The following persons shall be privileged from arrest on civil process, and from obeying any subpoena to testify:

1. All voters, during attendance at and going to and returning from elections.

2. Members of the levy court, during the session of said court, and while going to and returning from the same.

3. Justices of the peace, while engaged in hearing any

trial.

4. All persons while engaged in necessary attendance upon any court, and in going to and returning from the same.

5. All persons while actually engaged in the discharge of military duty.

SEC. 2. Nothing in the preceding section contained shall be so construed as to privilege any person therein named from being served at any time with a summons or notice to appear.

SEC. 3. Any person arrested contrary to the provisions of this chapter shall be forthwith discharged, on motion before the court issuing the process, or on habeas corpus, at the costs of the officer making the

arrest.

SEC. 4. An attachment of contempt, in not obeying the command of a subpoena to testify, shall be deemed a civil process within the meaning of this act.

CHAPTER 126.

OF PETIT JURORS.

SECTION

1 Who shall furnish lists of persons subject to assessment.

2. Clerks and recorder to deposit one hundred and fifty names in a box.

3. Marshal to draw twenty-six names from the box.

SECTION

4. Court may order marshal to summon talesmen.

5. Persons serving as jurors not again to be required to serve until others have served.

6. Who are competent to serve as jurors.

SECTION

7. Who shall be exempt from liability to serve as jurors.

8. When a person may be excused from serving as a juror.

9. Who may be jurors when Washington, Georgetown, or the county may be interested.

SECTION

10. When exception or challenge must be taken.

11. When a challenge to the panel must be taken, and when only it shall be allowed.

12 Court may discharge jury at any time. 13. Compensation of jurors.

SECTION 1. It shall be the duty of the register of Washington City, and of the respective clerks of the corporation of Georgetown and the levy court of Washington county, within one month after the passage of this act, and on or before the first day of February annually thereafter, to furnish to the clerks of the circuit and criminal courts of this District, respectively, lists of all white male persons within the said jurisdictions, respectively, subject to assessment.

SEC. 2. On the fourth Monday before the commencement of any term of the circuit or criminal court, the clerk of the circuit court, the clerk of the criminal court, and the recorder, shall write, on separate slips of paper, the names of one hundred and fifty respectable householders, competent to serve as jurors, selected from said lists, and distributed as nearly as may be between Washington City, Georgetown, and Washington county, in proportion to population, and deposit such slips in a box to be provided for that purpose. If any of the officers mentioned in this section are interested in any action or proceeding pending in said circuit or criminal courts, the chief judge of the circuit court may appoint some fit and proper person to discharge said duty in his stead.

SEC. 3. The marshal, in the presence of any judge of the circuit or criminal court, shall draw from such box the names of twenty-six persons to serve as petit jurors for such term, who shall accordingly be summoned at least five days before the commencement of the term for which they are to serve. If the persons so selected do not appear, the court may order the marshal to summon other reputable householders to supply the deficiency.

SEC. 4. If at any time there should not be, by reason of challenge or otherwise, a sufficient number of jurors present to make up the panel, the court shall order the marshal to summon a sufficient number of talesmen to make up the deficient number.

SEC. 5. The jurors whose names are drawn from the box under the provisions of the third section of this chapter, and who shall have

served as jurors for any term, shall not have their names again deposited in said box until at least two-thirds of those who were qualified to serve, at the time their names were drawn, have served.

SEC. 6. A person shall not be competent to act as a juror unless he be a citizen of the United States, a resident of this District, over twenty-one and under sixty-five years of age, and in the possession of his mental faculties; nor shall any person be competent to act as a juror who has been convicted of a felony or misdemeanor involving moral turpitude.

SEC. 7. A person shall be exempt from liability to act as a juror, if he be

1. A judicial officer;

2. Any civil officer of this District or of the United States, whose duties are, at the time, inconsistent with his attendance as a juror;

3. An attorney or counsellor;

4. A minister of the gospel, or priest of any denomination;

5. A teacher in a college, academy, or school;

6. A practising physician;

7. An officer, keeper, or an attendant of an alms house, poor house, hospital, asylum, or other charitable institution, created by or under the laws of this District ;

8. The captain, master, or other officer, or any person employed on board of a steamer, vessel, or boat, navigating the waters of this District; also keepers of public ferries.

SEC. 8. A person may be excused by the court from acting as juror, when, for any reason, his interests or those of the public will be materially injured by his attendance, or when he is a party in any action or proceeding to be tried or determined by the intervention of a jury at the term for which he may be summoned, or when his own health, or the death or sickness of a member of his family, requires his absence.

SEC. 9. Citizens of Washington City, Georgetown, or of that part of Washington county which lies outside of said cities, if otherwise qualified, shall be competent jurors in a case or proceeding wherein either or all of said places may be interested.

SEC. 10. No exception or challenge shall be taken to a juror after he shall have been sworn, unless by leave of the court; nor shall any verdict be set aside for any exceptions to a juror which would have been good cause of challenge.

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