ury of the humane society of the county, or city and county, wherein the sale takes place; if no humane society exists in the county, then the remainder shall be paid into the county treasury. Legislation § 1208. Added by Stats. 1905, p. 632; the code commissioner saying, "This is merely a codification of the provisions concerning foreclosure of liens in the statutes of 1873-74, p. 499, and 1901, p. 285, relating to cruelty to animals, the penal features whereof have already been codified into the Penal Code and the civil features into the Civil Code." See code commissioner's note, ante, Legislation § 1204. § 1209. § 1210. § 1211. § 1212. § 1213. § 1214. § 1215. § 1216. § 1217. § 1218. § 1219. § 1220. § 1221. § 1222. TITLE V. Contempts. What acts or omissions are contempts of court. Re-entry on property after ejection, when a contempt. A contempt committed in the presence of the court may be punished sun. marily. When not so committed, an affidavit or statement shall be adı A warrant of attachment may issue, or a notice to show cause. Bail may be given by a person arrested under such warrant. Sheriff must, upon executing the warrant, arrest and detain the person uu til discharged. Bail bond, form and conditions of. Officer must return warrant and undertaking, if any. Hearing. Judgment and penalty, if guilty. If the contempt is the omission to perform any act, the person may be im prisoned until performance. If a party fail to appear, proceedings. Illness sufficient cause for non-appearance of party arrested. Confr.ement under arrests for contempt. Judgment and orders in such cases final. What acts or omissions are contempts of court. § 1209. The following acts or omissions in respect to a court of justice, or proceedings therein, are contempts of the authority of the court: 1. Disorderly, contemptuous, or insolent behavior toward the judge while holding the court, tending to interrupt the due course of a trial or other judicial proceeding; 2. A breach of the peace, boisterous conduct, or violent disturbance, tending to interrupt the due course of a trial or other judicial proceeding; 3. Misbehavior in office, or other willful neglect or violation of duty by an attorney, counsel, clerk, sheriff, coroner, or other person, appointed or elected to perform a judicial or ministerial service; 4. Abuse of the process or proceedings of the court, or falsely pretending to act under authority of an order or process of the court; 5. Disobedience of any lawful judgment, order, or process of the court; 6 Assuming to be an officer, attorney, or counselor of a court, and acting as such, without authority; 7. Rescuing any person or property in the custody of an officer by virtue of an order or process of such court; 8. Unlawfully detaining a witness, or party to an action, while going to, remaining at, or returning from the court where the action is on the calendar for trial; 9. Any other unlawful interference with the process or proceedings or & court; 10. Disobedience of a subpœna duly served, or refusing to be sworn ar answer as a witness; 11. When summoned as a juror in a court, neglecting to attend or serve as such, or improperly conversing with a party to an action, to be tried at such court, or with any other person, in relation to the merits of such action, or receiving a communication from a party or other person in respect to it, without immediately disclosing the same to the court; 12. Disobedience by an inferior tribunal, magistrate, or officer, of the lawful judgment, order, or process of a superior court, or proceeding in an action or special proceeding contrary to law, after such action or special proceeding is removed from the jurisdiction of such inferior tribunal, magistrate, or officer; 13. Practicing law, or advertising or holding one's self out as practicing or as entitled to practice law, in any court, except a justice's or police court, without having received a license as attorney and counselor, issued under the laws of this state. But no speech or publication reflecting upon or concerning any court or any officer thereof shall be treated or punished as a contempt of such court unless made in the immediate presence of such court while in session and in such a manner as to actually interfere with its proceedings. Legislation § 1209. 1. Enacted March 11, 1872 (adopted from Minn. Rev. Stats., c. lxxxvii), (1) subd. 4 then reading, "Deceit or abuse of the process or proceedings of the court by a party to an action or special proceeding"; (2) subd. 12 containing a final sentence (stricken out in 1907), reading, "Disobedi ence of the lawful orders or process of a judicial officer is also a contempt of the authority of such officer," this subdivision then ending the section. 2. Amended by Stats. 1891, p. 6, (1) in subd. 5, omitting "the" before "court," and (2) adding to end of subd. 12 the second sentence of the present subd. 13, beginning "But no," this sentence then ending the section. 3. Amendment by Stats. 1901, p. 192; unconstitutional: See note, § 5, ante. 4. Amended by Stats. 1907, p. 319, (1) changing subd. 4 to read as at present; (2) in subd. 5, restoring "the" before "court"; (3) in subd. 6, changing "counsel" to "or counselor"; (4) omitting the final sentence of subd. 12 of original code, supra; and (5) adding subd. 13, the first sentence of which is new, the second being the addition of 1891 to subd. 12; the code commissioner saying, "In subd. 4 'deceit' is omitted, and in place thereof are substituted the words 'falsely pretending to act under authority of an order or process of court.' From subd. 12 has been omitted the sentence 'Disobedience. of such officer.' This matter is already covered by §§ 177 and 178, and subd. 13 has been added." Citations. Cal. 47/133; 53/207; 64/345, 439; 65/192; 67/645; 69/4, 17, 543, 585; 84/55; 90/556; 94/334; 99/361; 119/422; 140/5, 9, 12, 14, 15, 16, 215; 147/161; (subd. 3) 64/438, 598; (subd. 4) 73/241; (subd. 5) 90/556; 99/529; 140/4; (subd. 6) 64/598; (subd. 9) 64/438; 69/31; 85/607; 99/529; 140/4; (subd. 10) 70/53; 72/512; 140/4; (subd. 12) 151/461. App. 1/31 Prac. Act: Cal. (§ 480) 7/182. Powers of courts: Ante, §§ 128, 177, 178. Juror willfully failing to attend: Ante, § 238. Dispossession of party placed in possession under process: Post, § 1210. In justices' courts: Ante, §§ 906-910. Misbehavior of attorney: Ante, §§ 287 et seq. By executor: Post, § 1440. Disobedience of citation in probate court: Post, §§ 1440, 1460, 1461. Disobedience of mandate: Ante, § 1097. Refusal to obey order for inspection of writings: See ante, § 1000. Officer taking proof of instrument may punish for contempt: See Civ. Code, § 1201. Arrest of witness is contempt: See post, § 2068. Disobedience of subpoena to appear before commissioner: See post, § 1986. Failure of interpreter to obey summons: See post, § 1884. Refusal to sign affidavit or deposition: Se post, § 1991. Disobedience of subpoena: See post, § 1991. Disobedience of orders in supplementary proceedings, a contempt: See ante, § 721. Re-entry on property after ejection, when a contempt. § 1210. Every person dispossessed or ejected from any real property by the judgment or process of any court of competent jurisdiction, who, not having right so to do, re-enters into or upon or takes possession of any such real property, or induces or procures any person not having right so to do, or aids or abets him therein, is guilty of a contempt of the court by which such judgment was rendered or from which such process issued. Upon a conviction for such contempt the court must immediately issue an alias process, directed to the proper officer, and requiring him to restore such possession to the party entitled under the original judgment or process, or to his lessee, grantee, or successor in interest, and no appeal from the order directing the issuance of an alias writ of possession stays the execution thereof, unless a written undertaking is executed on the part of the appellant, with two or more sureties to the effect that he will not commit or suffer to be committed any waste thereon, and if the order is affirmed, or the appeal dismissed, he will pay the value of the use and occupation of the property from the time of his unlawful re-entry until the delivery of the possession thereof, pursuant to the judgment or order, not exceeding a sum to be fixed by the judge of the court by which the order for the alias writ was made, and which ust be specified in the undertaking. Legislation § 1210. 1. Enacted March 11, 1872 (based on Stats. 1862, p. 115), and then read: "Every person dispossessed or ejected from, or out of, any real property, by the judgment or process of any court of competent jurisdiction, and who, not having right so to do, re-enters into or upon, or takes possession of, any such real property, or induces or procures any person not having right so to do, or aids or abets him therein, is guilty of a contempt of the court by which such judgment was rendered, or from which such process issued. Upon a conviction for such contempt, the court or justice of the peace must immediately issue an alias process, directed to the proper officer, and requiring him to restore the party entitled to the possession of such property, under the original judgment or process, to such possession." 2. Amended by Stats. 1893, p. 281, changing the section, after the first sentence, to read, "Upon a conviction for such contempt, the court must immediately issue an alias process, directed to the proper officer, and requiring him to restore such possession to the party entitled under the original judgment or process (or to his lessor or to his grantor). And no appeal from the order directing the issuance of an alias writ of possession shall stay the execution thereof, unless a written undertaking be executed on the part of the appellant, with two or more sureties, to the effect that he will not commit or suffer to be committed any waste therein, and if the order be affirmed or the appeal dismissed he will pay the value of the use and occupation of the pro..rty Code Civ. Proc.-32 from the time of his unlawful re-entry until the delivery of the possession thereof, pursuant to the judgment or order, not exceeding a sum to be fixed by the judge of the court by which the order for the alias writ was made, and which must be specified in the undertaking." 3. Amendment by Stats. 1901, p. 193; unconstitutional: See note, § 5, ante. 4. Amended by Stats. 1907, p. 320. Citations. Cal. 52/508; 62/480; 69/4; 70/212; 135/320. A contempt committed in the presence of the court may be punished summarily. When not so committed, an affidavit or statement shall be made. § 1211. When a contempt is committed in the immediate view and presence of the court, or judge at chambers, it may be punished summarily; for which an order must be made, reciting the facts as occurring in such immediate view and presence, adjudging that the person proceeded against is thereby guilty of a contempt, and that he be punished as therein prescribed. When the contempt is not committed in the immediate view and presence of the court, or judge at chambers, an affidavit shall be presented to the court, or judge, of the facts constituting the contempt, or a statement of the facts by the referees or arbitrators, or other judicial officer. Legislation § 1211. Enacted March 11, 1872 (based on Practice Act, § 481), (1) substituting "must" for "shall" after "order," and (2) inserting "or other judicial officer" at end of section. Citations. Cal. 60/93; 71/240; 73/497; 77/200, 201; 92/480; 126/245; 131/284; 140/2, 217; 146/133; 151/461. Prac. Act: Cal. (§ 481) 7/183; 42/ 415. Contempt away from court. Attachment: Post, §§ 1212 et seq. A warrant of attachment may issue, or a notice to show cause. § 1212. 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, or, without a previous arrest, a warrant of commitment may, upon notice, or upon an order to show cause, be granted; and no warrant of commitment can be issued without such previous attachment to answer, or such notice or order to show cause. Legislation § 1212. Enacted March 11, 1872 (based on Practice Act, § 482), substituting "can" for "shall" before "be issued." Citations. Cal. 59/421; 60/6; 65/191; 73/497; 126/245. Service of papers in proceeding for contempt: See ante, §§ 1015, 1016. Bail may be given by a person arrested under such warrant. § 1213. Whenever a warrant of attachment is issued, pursuant to this title, the court or judge must direct, by an indorsement on such warrant, that the person charged may be let to bail for his appearance, in an amount to be specified in such indorsement. Legislation § 1213. Enacted March 11, 1872 (based on Practice Act, § 483, as amended by Stats. 1859, p. 140), substituting (1) "title" for "chapter," and (2) "must" for "shall." |