Page:United States Statutes at Large Volume 38 Part 1.djvu/758

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SIXTY-THIRD CONGRESS. Sess. II. Ch. 323. 1914. 739 show cause upon a day certain why he should not be punished therefor, which ru e, together with a copy of the aiiidavit or information, “°"*°°· shall be served upon the person charged, with suBicient promptness to enable him to repare for and make return to the order at the time fixed therein. Ii) upon or b_v6such return, in the judgment of the n°'{",§$,‘,g°’f,_ °°“*‘°'“P° court, the alleged contempt not sufhciently puriged, a trial shall be directed at a time and place fixed by the court: rovided, hmvcvcr, ,,,,,,,6 ,0 That if the accused, being a natural person, fail or refuse to make ¤·e¤e=e¤¤¤. · return to the rule to show cause, an attachment may issue aigainst his person to compel an answer, and in case of his continued ailure or refusal, or if for any reason it be impracticable to dispose of the matter on the return day, he rag be I'0qU1I’0(l to give reasonable B““· bail for his attendance at the t and his submission to the final judgment of the court. Where the accused is a body corporate, an p°·§j§f,¥”°¤* °‘ °”'· Etigacrlgfmeup foristilie sequestration of its property may be issued upon e usa or ure o answer. In all cases within the purview of this Act such trial may be by WY *"“"· the court, or, upon deman of the accused, by a jury; in which latter event the court may impanel a jury from the jurors then in attendance, or the court or the judge thereof in chambers may cause a sufficient number of jurors to be selected and summoned, as provided by law, to attend at the time and place of trial, at which time a jury shall be selected aud impaneled as upon a trial for misdemeanor; and such trial shall conform, as near as may be, to the practice in Procedure. criminal cases prosecuted by indictment or upon infomation. If the accused be formd guilty, judgment shall be entered accord- Em? °‘J“*’¤"’°¤*· ' ly, prescribing the punishment, either by fine or imprisonment, iii-gboth, in the discretion of the court. Such line shall be paid to the D'°P°°°‘ °'¤°· United States or to the complainant or other party injured by the act constituting the contempt, or may, where more than one is so damaged, be divided or gpportioned among them as the court may direct but in no case sh the fine to be paid to the United States exceed, in case the accused is a natural person, the sum of $1,000, nor- shall such imprisonment exceed the term of six months: Pramkled, f{,,*•g·•,;;,,,h,¤,,,,¤, That in any case_the court or a judge thereof maigor good cause en-erewehew meeshown, by affidavit or proof taken in oggn court or ore such judge _ and hled with the papers in the case, pense with the rule to show cause, and may issue an attachment for the arrest of the person charged with contempt; ID which event such person, when arrested, '*`"°‘·°‘°· shall be brought before such court or a judge thereof without unnecessary delay and shall be admitted to bail rn a reasonable penalty for his appearance to answer to the charg or for trial for the contempt; and thereafter thedproceedings shall the same as provided herein in case the rule h issued in the first instance. Sec. 23. That the evidence taken upon the trial of any persons so ,,,§,',{,Q' °‘ °"°' accused may be preserved by bill of exceptions, and any judgment of conviction may e reviewed upon writ o error m all respects as now provided by law in criminal cases, and may be affirmed reversed, or modified as justice may require. Upon the granting of such writ of “’*Y°*¤*°¤¤°¤· error, execution of judgment shall be stayed and the accused, if thereby sentenced to imprisonment, shall be admitted to bail in such Mm”l°"°°l’°n' reasonable sum as may be required by the court, or by any justice, or any 'udge of any district co1u·t of the United States or any court of the llistrict of Columbia. Sec. 24. That nothing herein couta.i11ed shall be construed to relate tempts in ;1$si°ric$°3E to ccntempts committed in the presence of the court, or so near °°§_f*· {,*;,,8, Sum thereto as to obstruct the administration of justice, nor to contempts cass, em. committed in disobedience of any lawful writ, process, order, rule, decree, or command entered in au suit or action brought or prosecuted in the name of, or on behalf of, the United States, but the