contempt

Concealment or misstatement by a juror upon a voir dire examination is punishable as a contempt if its tendency and design are to obstruct the processes of justice.

A willful disregard or disobedience of a public authority, whether judicial or legislative. Contempts are either (1) civil or (2) criminal. (1) Civil contempts are those quasi contempts which consist in failing to do some-, thing which the contemnor is ordered to do for the benefit of another party to a proceeding before the court; while (2) Criminal contempts are all acts in disrespect of the court or of its process obstructing the administration of justice generally, and tending to bring the court into disrepute. Rapalje, Contempt, § 21; 11 Fla. 184; 4 Keyes (N. Y.) 46. Contempts are also classified as (3) Direct contempts, being those committed in the presence of the court or so near as to disturb its proceedings; and (4) Constructive contempts, being those arising from matters not transpiring in court. Rapalje, Contempt, § 23.

A wilful disregard or disobedience of a public authority. By the constitution of the United States, each house of congress may determine the rujes of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member. The same provision is substantially contained in the constitutions of the several states. The power to make rules carries that of enforcing them, and to attach persons who violate them and punish them for contempts; I Kent 236; State v. Matthews, 37 N. H. 450; 14 East 1. But see 4 Moore, P. C 03; II id. 347. This power of punishing for contempts is confined to punishment during the session of the legislature, and cannot extend beyond it; Anderson v. Dunn, 6 Wheat. (U. S.) 204, 230, 231, 5 L. Ed. 242; Rap. Contempt 2; and it seems this power cannot be exerted beyond imprisonment. It is often regulated by statute; II. S. R. S. §§ 101-103. The arrest of the offending party is made by the sergeant-at-arms, acting by virtue of the speaker's warrant, both in England and the United States; Anderson v. Dunn, 6 Wheat. (U. S.) 204, 5 L. Ed. 242; 10 Q. B. 359. The power of congress to punish for contempt must be found in some express grant in the constitution or be found necessary to carry into effect such powers as are there granted; Kilbourn v. Thompson, 103 U. S. 169, 26 L. Ed. 377; U. S. v. Lee, 106 U. S. 220, 1 Sup. Ct. 240, 27 L. Ed. 171. See Congress. Courts of justice have an inherent power to punish all persons for contempt of their rules and orders, for disobedience of their process, and for disturbing them in their proceedings; S Co. 38 ft; State v. Matthews, 37 N. H. 450; State v. Morrill. 16 Ark. 384; Ex parte Walker, 29 Ala. 81; Kx parte Adams, 25 Miss. 883, 59 Am. Dec. 234; Clark v. People, Breese (111.) 340, 12 Am. Dec. 178; Ex parte Terry, 128 U. S. 289, 9 Sup. Ct. 77, 32 L. Ed. 405; Bessette v. W. B. Conkey Co., 194 U. S. 324, 24 Sup. Ct. 665, 48 L. Ed. 997: Kregel v. Bartling. 23 Neb. S48, 37 N. W. 668; Matter of Moore, 63 N. C. 397; People v. Wilson. 64 111. 195, 16 Am. Rep. 52S; Ex parte Wright, 65 Ind. 508. See In re Savin. 131 D. S. 267, 9 Sup. Ct 689, 33 L. Ed. 150; Respublica v. Oswald, 1 Dall. (U. S.) 319, 1 I* Ed. 155; it is said that the legislature cannot restrict the power: Kx parte Mc Cown. 139 N. C. 95, 51 S. E. 957, 2

Disobedience or disregard of authority; a disobedience to the rules, orders or process of a court, or a disturbance or interruption of its proceedings, v. Constructive.

[Lat. contemptus.l In practice. A disobedience to the rules, orders or process of a court of justice, or a disturbance or interruption of its proceedings.* 4 Bl, Com. 285. Contempts are either direct, which openly insult or resist the powers of the court, or the persons of the judges who preside there; or consequential, which, (without such gross insolence or direct opposition,) plainly tend to create an universal disregard of their authority. Id, 283, 284. Or they may be divided into such as are committed in the face of the court, (in facie curies,) which are punishable by commitment and fine, and such as are committed out of court, which are punishable by attachment. 1 Tidd's Pract. 479, 480. 4 Bl. Com. 285. 286. 4 Steph. Com. 348—353. See 1 Kent's Com. 300, note. 1 Hil Vs N, Y, Rep, 154. U. S. Dig. and Supplement, Contempt. A party disobeying a rule or process of court is said to be in contempt, 4 Steph, Com, 19. ^QQ Attachment, Commitment,