Replication: Grand jury. Discharge. C. 51.2247. commitment. SEC. 3482. Such replication may deny the sufficiency of the testimony to justify the action of the committing magistrate, on the trial of which issue all written testimony before such magistrate may be given in evidence before the court or judge in connection with any other testimony which may then be produced. That the petitioner, when brought | habeas corpus proceeding to show that. before a commit ing magistrate, he is wrongfully detained: waived examination, does not debar v. Patterson, 49-514. him from introducing evidence in a Cowell SEC. 3483. But it is not permissible to question the correctness of the action of the grand jury in finding a bill of indictment, or of the trial jury in trial of a cause, nor of a court or judge when acting within their legitimate province and in a lawiul manner. A state court cannot, on habeas corpus, release a person held in custody by the U. S marshal by order of a federal court: Ex parte Holman, 28 -$8. One court will not interfere by habeas corpus with Iroceedings in another court to punish a party for contempt, unless such proceedings are so grossly irregular as to be void: Ibid.; Robb v. McDonald, 29–330. After conviction by a court having jurisdiction, though such conviction be irregular or eroneous, the party is not entitled to the writ, and this is true of a conviction before a magistrate; and where the defendant was found guilty before the proper police magistrate of a city, for violation of an ordinance of such city, and sentenced to imprisonment, held, that he could not be released on the ground that the ordinance, under which he was convicted. was invalid: Platt v. Harrison, 6–79. Habeas corpus will not lie to correct errors of a court having jurisdiction of the subject matter, and the person charged: Ex parte Holman, 28-35, Zelle v. McHenry, 51–572. SEC. 3484. If no sufficient legal cause of detention is shown the plaintiff must be discharged. SEC. 3485. Although the commitment of the plaintiff may Irregularity of have been irregular, still, if the court or judge is satisfied from the evidence before them, that he ought to be held to bail, or committed either for the offense charged, or any other, the order may be made accordingly. R. 23836. C. '51, 2248. SEC. 3486. The plaintiff may also, in any case, be committed, Bail increased let to bail, or his bail be mitigated or increased, as justice may require. or diminished. R. 23837. C. '51, & 2249. Defendant retained in cus tody. R. 23838. Right to be present waived. R. 3839. C. 51, 2251. order. R. 2 3840. SEC. 3487. Until the sufficiency of the cause of restraint is determined, the defendant may retain the plaintiff in his custody, and may use all necessary and proper means for that purpose. SEC. 3488. The plaintiff, in writing, or his attorney, may waive his right to be present at the trial, in which case the proceedings may be had in his absence. The writ will in such cases be modified accordingly. SEC. 3489. Disobedience to any order of discharge subjects Penalty for dis- the defendant to attachment for contempt, and also to the forobeying any feiture of one thousand dollars to the party aggrieved, besides all damages sustained by him in consequence of such disobedience. SEC. 3490. When the proceedings are before a judge, except when the writ is refused, all the papers in the case, including his final order, shall be filed with the clerk of the district court of the county wherein the final proceedings were had, and a brief C. '51, 2252. Papers filed with clerk. 3843. R C. '51, 2253. memorandum thereof shall be entered by the clerk upon his judgment docket. Under the Rev., an appeal did not lie from an order made by the judge of the supreme court in a habeas cor pus proceeding: In re Curley, 34- CHAPTER 14. OF CONTEMPTS. SECTION 3491. The following acts or omissions are deemed to what are. be contempts, and are punishable as such by any of the courts of R. 2688. this state, or by any judical officer acting in the discharge of an official duty, as hereinafter provided: 1. Contemptuous or in olent behavior toward such court while engaged in the discharge of a judicial duty which may tend to impair the respect due to its authority; 2. Any wilful disturbance calculated to interrupt the due course of its official proceedings; 3. Illegal resistance to any order or process made or issued by it; 4. Disobedience to any subpoena issued by it and duly served, or refusing to be sworn, or to answer as a witness; 5. Unlawfully detaining a witness or party to an action or proceeding pending before such court, while going to or remaining at the place where the action or proceeding is thus pending; 6. Any other act or omission specially declared a contempt by law The proceeding to punish a con-, other contempts than those therein tempt of process is merely incidental specified: Dunham v. The State, to, and, to a great extent, independ-6-245. ent of the original proceeding in which it may be invoked. It is in its nature criminal: First Cong Church, rtc., v. City of Muscatine, 2-69. Where a court having jurisdiction is proceeding against a party by arrest for contempt, no other court will interfere by writ of habeas corpus: See notes to § 3483. Under Code of '51, held, that to constitute a contempt under ¶ 1, the act must be done in the actual or constructive presence of the court, and that newspaper comments upon the action of the court could not amount to a content, as specifically defined here or elsewhere; and that it would seem that the provisions of the Code must be regarded as a limitation upon the power of courts to punish for any Publication of art cles in a newspaper reflecting upon the conduct of a judge in relation to a cause disposed of before such publication, does not amount to a contempt: The State v. Anderson, 40–207. Evidence may be received as to the meaning and intent of language published concerning the court, which is alleged to have been contemptuous: Henry v. Ellis, 49-205. A witness may be punished for contempt in refusing to make an affidavit, and to answer questions as provided by § § 3692, 3693, and the fact that the affidavit desired would not be legally admissible in the proceeding in which it is sought, is no excuse for such refusal: Robb r. McDonald, 29–330. C. '51, 1598 SEC. 3492. In addition to the above, any court of record may In courts of punish the following acts or omissions as contempts: record. C. '51, 1539. R2690. 1. Failure to testify before a grand jury, when lawfully required to do so; 2. Assuming to be an officer, attorney, or counselor of the court, and acting as such without authority; 3. Misbehavior as a juror, by improperly conversing with a party, or with any other person in relation to the merits of an action in which he is acting or is to act as a juror, or receiving a communication from any person in respect to it without immediately disclosing the same to the court; 4. Disobedience by an inferior tribunal, magistrate, or officer, to any lawful judgment, order, or process of a superior court, or proceeding in any matter contrary to law, after it has been removed from such tribunal, magistrate, or officer. SEC. 3493. The punishment for contempts may be by fine or How punished., imprisonment, or both, but where not otherwise specially provided, courts of record are limited to a fine of fifty dollars and an imprisonment not exceeding one day, and all other courts are limited to a fine of ten dollars. C. '51, 1600. Same. R. 2691. C. '51, 1601. The court cannot punish an attor- | to deliver to the sheriff a key or propney for contempt by revoking or sus-erty claimed by another: Ibid. pending his license. That can only The judge of a court of record in be done in the manner provided by vacation has the same power to im$217 et seq.: The State v. Start, 7-pose punishment as the court has 499. Nor can it. by summary pro- when in session: The State v. Myers, ceeding for contempt, compel a party |44-580. SEC. 3494. But if the contempt consists in an omission to perform an act which is yet in the power of the person to perform, he may be imprisoned until he performs it. In that case the act to be performed must be specified in the warrant of the commit ment. SEC. 3495. Unless the contempt is committed in the immediate When affidavit view and presence of the court, or comes officially to its knowledge, an affidavit showing the nature of the transaction is necessary as a basis for further action in the premises. necessary. R. 2 2692. C. 51, 1602. cause. SEC. 3496. Before punishing for contempt, unless the offender Notice to show is already in the presence of the court, he must be served personally with a rule to show cause against the punishment, and a reasonable time given him therefor; or he may be brought before the court forthwith, or on a given day, by warrant, if necessary. In either case he may, at his option, make a written explanation of his conduct under oath, which must be filed and preserved. Where a reasonable time is asked | subsequent term, and it may direct to prepare a written explanation, it the arrest of a person in contempt, should be granted: The State v.in vacation, and provide for his reDuffy, 15-425. lease on bail: The State v. Archer, A warrant may be made returnable 48-310. on a certain day, which may be at a Testimony re SEC. 3497. Where the action of the court is founded upon evidence given by others, such evidence must be in writing, and duced to wri- be filed and preserved, and if the court act upon their own knowlting. edge in the premises, a statement of the facts upon which the order is founded must be entered on the records of the court, or be filed and preserved when the court keeps no record. R. 2694. C. '51, 1604. These provisions apply to all pro- | in § 3233: The S'ate v. Myers, 44– ceedings for contempt, including those 580. An order entering a fine for contempt, will be reversed when a statement of facts, upon which the order is founded, is not entered on the record in a case where the court acts upon its own knowledge: The State v. Utley, 13-593; Skiff v. The State, 2-550: The State v. Dougherty, 32261. Where neither the record nor the warrant of commitment show upon what evidence or facts an order of commitment is based, nor whether the same were within the knowledge of the court, the order will be reversed on certiorari: The State v. Folsom. 34-583. ment of. SEC. 3498. When the offender is committed, the warrant must Warrant: statestate the particular facts and circumstances on which the court R. 2695. acted in the premises, and whether the same was in the knowledge C. '51, ¿ 1605. of the court, or was proved by witnesses. See notes to preceding section. R. 2696. SEC. 3499. No appeal lies from an order to punish for a con- Certiorari. tempt, but the proceedings may, in proper cases, be taken to a c. 51, 1605. higher court for revision by certiorari. This special provision controls the | cess: First Cong. Church, etc., v. City general provision as to appeals, and of Muscatine, 2–69. extends to contempts by disobedience ection applied: Dunham v. The of injunction, as well as other pro- | State, 6–245. R. 2697. SEC. 3500. The punisment for a contempt constitutes no bar No bar to into an indictment; but if the offender is indicted and convicted dictment. for the same offense, the court in passing sentence must take into C. 51, 2 1607. consideration the punishment before inflicted. SEC. 3501. Any officer authorized to punish for contempt, is a "Court" decourt within the meaning of this chapter. fined. CHAPTER 15. OF CHANGING NAMES. SECTION 3502. The district or circuit court has power to change the names of persons in the following manner: SEC. 3503. The applicant for such change must file his petition verified by his oath, stating that he is a resident of the county, and has for one year then last past, been an actual resident of the It must also give a description of his person, stating his age, height, the color of his hair and eyes, the place of his birth, and who were his parents. state. Courts may. R. 2 3844. Petition. R. 2845. R. 23816. SEC. 3504. An order of the court shall thereupon be made and Order. entered of record, giving a description of the applicant as set C. 51, 2258. forth in the petition, the new name given, the time at which the change shall take effect, which shall not be less than thirty days thereafter, and directing in what newspaper of general circulation in the county, notice of such change shall be published. C. '51, 2259. SEC. 3505. Previous to the time thus prescribed for the taking Publication. effect of such change, the applicant shall cause notice thereof to 817. be published for four successive weeks in the newspaper directed by the court. R. 23848. SEC. 3506. The ordinary proof of such publication being filed Proof filed. in the office of the clerk of the court, shall be by him filed for c. 51, 2 2260. preservation, and on the day fixed by the court as aforesaid the change shall be complete. TITLE XXI. OF JUSTICES OF THE PEACE AND THEIR COURTS. Jurisdiction: local. R. 2 3849. C. '51, 2261. R. 3850. CHAPTER 1. OF JUSTICES OF THE PEACE AND THEIR COURTS. SECTION 3507. The jurisdiction of justices of the peace, when not specially restricted, is co-extensive with their respective counties; but does not embrace suits for the of recovery money against actual residents of any other county, except as provided in section three thousand five hundred and thirteen of this chapter. If a suit be for the recovery of money, the fact that a judgment is sought against property in the county where suit is brought will not enable a justice of another county than that of defendant's residence to take jurisdiction: Gates v. Wagner, 46–355. A justice does not acquire jurisdic- | 46-74. But this section does not limit § 3513 to cases where defendant resides in the county in which a written contract is made payable: Klingel v. Palmer, 42–166. SEC. 3508. Within the prescribed limit, it extends to all civil As to amount. cases, except cases by equitable proceedings, where the amount in controversy does not exceed one hundred dollars; and, by consent of parties, it may be extended to any amount not exceeding three hundred dollars. C. 51, 22262. In an attachment proceeding, the amount in controversy is the claim plaintiff seeks to enforce, and not the value of the attached property: Hoppe v. Byers, 39–573. If the amount in controversy exceeds one hundred dollars, the justice Where the claim stated in the has no jurisdiction to even render notice was for one hundred dollars judgment for less than one hundred with interest and costs, held, that dollars: Gillett v. Richards, 46-652. | such a statement entitled plaintiff to A justice, in a garnishment pro- interest on the amount demanded, ceeding, may render judgment for from the time of commencement of any amount for which he properly suit, and therefore the amount claimacquired jurisdiction to render judged was over one hundred dollars, and ment against the original defendant, although that amount may exceed one hundred dollars: Ibid.; Hodge v. Ruggles, 36-42. the justice had no jurisdiction: Galley v. County of Tama, 40-49. But where the petition claimed one hundred dollars, and the notice stated that |