Gambar halaman
PDF
ePub

SEC. 3482. Such replication may deny the sufficiency of the Replication: testimony to justify the action of the committing magistrate, on statement of R. 2.833. the trial of which issue all written testimony before such magisC. '51, 2 2245.

trate 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: Cowell waived examination, does not debarv. Patterson, 49-514. him froni introducing evidence in al

Sec. 3483. But it is not permissible to question the correctness Grand jury.

of the action of the grand jury in finding a bill of indictment, R. 23831.

or of the trial jury in trial of a cause, nor of a court or judge C. 51, 4 2246.

when acting within their legitimate province and in a lawiul manner.

A state court cannot, on habeas cor- | true of a conviction before a magis. pus, release a person held in custody trate; and where the defendant was by the U. S marshal by order of a found guilty before the proper polii e federal court: Ex parte Tolman, 28 milgistrate of a city, for violation of 58.

an ordinance of such city, and senOne court will not interfere by ha- tenced to imprisonment, held, that he beas corpus with rocedings in an- could not be released on the ground other court to prin 'sh it party for con- that the ordinance, under which he tempt, unles: such proceedings are so was convicted. was invalid: Platt 0. grossly irregular as to be void: Ibid.; | Harrison, 6–79. Robb v. McDonalul, 29–3:30.

Habeas corpus will not lie to correct After conviction by a court having errors of a conrt having jurisdiction jurisdiction, though such conviction of the subj•ct matter, and the person be irregular or eroneous, the p rty charged: Er parte flolman, 28-35, is not entitled to the writ, and this is Zelle v. McHenry, 51-572.

Sec. 3484. If no sufficient legal cause of detention is shown Discharge. the plaintiff must be discharged. R. 3835. €: 51.2217. Sec. 3485. Although the commitment of the plaintiff may Irregularity of have been irregular, still, if the court or judge is satisfied from the commitment. R3836.c. evidence before them, that he ought to be held to bail, or comC. '51, é 2248. mitted either for the offense charged, or any other, the order may

be made accordingly.

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 or diminished, R. 2 3837.

4. require. C. 51, € 2249. Sec. 33487. Until the sufficiency of the cause of restraint is Defendant re- determined, the defendant may retain the plaintiff in his custody, tained in cus

cuse and may use all necessary and proper means for that purpose. R. 3838.

Sec. 3488. The plaintiff, in writing, or his attorney, may waive C. 51, 22250.

his right to be present at the trial, in which case the proceedings Right to be present may be had in his absence. The writ will in such cases be modi

fied accordingly. C. '61, e 2251. SEC. 3489. Disobedience to any order of discharge subjects Penalty for dis- the defendant to attachment for contenipt, and also to the forobeying any feiture of one thousand dollars to the party aggrieved, besides all R. 2 3840... damages sustained by him in consequence of such disobedience. C. '51, 2 2252.

SEC. 3490. When the proceedings are before a judge, except Papers filed when the writ is refused, all the papers in the case, including his

rk. final order, shall be filed with the clerk of the district court of the R 23813. C. '51, é 2253. county wherein the final proceedings were had, and a brief

[ocr errors]
[ocr errors]
[ocr errors]

with clerk.

memorandum thereof shall be entered by the clerk upon his judgment docket.

Under the Rev., an appeal did not pus proceeding: In re Curley, 34lie from an order made by the judge 184. (But see now § 3165.) of the supreme court in a habeas cor

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...

C. 51, & 159s 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 subpæna 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 inci lental specified: Dunham v. The State, to, and, to a great extent, independ- 6-245. ent of the original proceeding in Publication of art cles in a newspawhich it may be invoked. It is in its per reflecting upon the conduct of a nature criminal: First Cong Church, judge in relation to a cause disposeil tc., v. City of Muscatine, 2-69. of before such publication, does not

Where a court having jurisdiction amount to a contempt: The State v. is proceeding against a party by ar- | Anderson, 40–207. rest for contempt, no other court will Evidence may be received as to the interfere by writ of habeas corpus: meaning and intent of language pube See notes to $ 3483.

lished concerning the court, which is Under Code of '51, huld, that to alleged to have been contemptuous: constitute a contempt under 1, the Henry v. Ellis, 49-205. act must be done in the actual or con A witness may be punished for structive presence of the court, and contempt in refusing to make an affithat newspaper comments upon the davit, and to answer questions as action of the court could not amount provided by S S 3692, 3633, and the to a contem't, as specifically defined fact that the affidavit desired would here or elsewhere; and that it would not be legally admissible in the proseem that the provisions of the Code ceeding in which it is sought, is no must be regarded as a limitation upon excuse for such refusal; Robb r'. Mcthe power of courts to punish for any | Donalıl, 29–330.

Sec. 3492. In addition to the above, any court of record may in courts of punish the following acts or omissions as contempts:

record. R. 2 2689. C. '51, 2 1539.

[ocr errors]

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 !!ow punished., imprisonment, or both, but where not otherwise specially proviC. 51, É 1600. ded, 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.

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 | 41-580.

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 commitment.

Sec. 3495. Unless the contempt is committed in the immediate When affidavit view and presence of the court, or comes officially to its knowl. necessary. R. 22602.

edge, an affidavit showing the nature of the transaction is necesC. 51,ě 1602. sary as a basis for further action in the premises.

SEC. 3496. Before punishing for contempt, unless the offender Notice to show is already in the presence of the court, he must be served per

sonally with a rule to show cause against the punishment, and a C. '51, 2 1603.

reasonable time given him therefor; or he may be brought before the court forth with, 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 al

SEC. 3497. Where the action of the court is founded upon Testimony re evidence given by others, such evidence must be in writing, and

be filed and preserved, and if the court act upon their own knowl

edge in the premises, a statement of the facts upon which the C. 61, 2 1604.

order is founded must be entered on the records of the court, or be filed and preserved when the court keeps no record.

These provisions apply to all pro- l in $ 3233: The S'ate v. Myers, 44ceedings for contempt, including those ! 580.

[ocr errors]
[ocr errors]

duced to wri.

[ocr errors]
[ocr errors]

An order entering a fine for con- l Where neither the record nor the tempt, will be reversed when a state- warrant of commitment show upon ment of facts, upon which the order what evidence or facts an order of is founded, is not entered on the record commitment is based, nor whether in a case where the court acts upon | the same were within the knowledge its own knowledge: The State v. of the court, the order will be reUily. 133-593; Skiff v. The State, versed on certiorari: The State v. 2-550: The State 0. Dougherty, 32- | Folsom, 34-583. 261.

Sec. 3198. When the offender is committed, the warrant must Warrant: statestate the particular facts and circumstances on which the court RM2693; acted in the premises, and whether the same was in the knowledge C. 151, 1605. of the court, or was proved by witnesses. See notes to preceding section. SEC. 3499. No appeal lies from an order to punish for a con- Certiorari.

R. 2 2696. tempt, but the proceedings may, in proper cases, be taken to a C. 51, 21600. 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.

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, à 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.
R. 22698.
C. '51, 2 1008

CHAPTER 15.

SECTION 3502. The district or circuit court has power to Courts may.

R. 23811. change the names of persons in the following manner:

C. '51, 7 2256. Sec. 3503. The applicant for such change must file his petition Petition. verified by his oath, stating that he is a resident of the county, RS

We couny, C. '51, ê 2257, and has for one year then last past, been an actual resident of the state. 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. Sec. 3504. An order of the court shall thereupon be made and Order.

* R. 3816. entered of record, giving a description of the applicant as set C: $1,22258. 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.

Sec. 3505. Previous to the time thus prescribed for the taking Publication. effect of such change, the applicant shall cause notice thereof to R $ 17,

C. '51, 82259. be published for four successive weeks in the newspaper directed by the court.

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, 2200. 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.

CHAPTER 1.

OF JUSTICES OF THE PEACE AND THEIR COURTS.

local.ction:

SECTION 3507. The jurisdiction of justices of the peace, when Jurisdiction: not specially restricted, is co-extensive with their respective R. 3819.

counties; but does not embrace suits for the recovery of money C. '51, 2 2261. against actual residents of any other county, except as provided

in section three thousand five hundred and thirteen of this chapter.

A justice does not acquire jurisdic- | 46-74. tion over an action against a resident of If a suit be for the recovery of another county,even though he appear money, the fact that a judgment is and proceed to trial without object-sougut against property in the county tion: Chapman v. Morgan, 2 Gr. 374; where sut is brought will not enable Boyer v. Moore, 42-514; nor does he a justice of another county than acquire jurisdiction by notice served that of defendant's residence to take in the township where suit is brought, jurisdiction: Gates v. Wagner, 46–3.5. upon a resident of another county, But this section does not limit $ and a judgment rendered thereon is 3513 to cases where defendant resides void; defendant is not required to ap- in the county in which a written conpear and plead, suggesting want of tract is made payable: Klingel t. Paljurisdiction: Hamilton v. Millhouse, mer, 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 conC. 51, 2 2262.

sent of parties, it may be extended to any amount not exceeding three hundred dollars.

The amount claimed, and not the In an attachment proceeding, the amount appearing to be clue on the in- amount in controversy is the claim strument in suit, is the criterion for ju-l plaintiff seeks to enforce, and not risdiction: Stone v. Murphy, 2–35. the value of the attached property:

If the amount in controversy ex- | Hoppe v. Byers, 39-573. ceeds 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 judg-ed was over one hundred dollars, and ment against the original defendant, the justice lead no jurisdiction: although that amount may exceed Galley v. County of Tama, 40-49. But one hundred dollars: Ibid., Hodye v. where the petition claimed one hundRuggles, 36-42.

| red dollars, and the notice stated that

« SebelumnyaLanjutkan »