near

only geographical nearness and so implicitly holds that no contempt is summarily punishable unless it is either in the presence of the court or is some kind of physical interference with or disturbance of its good order, so that the nearness to the court of the contemptuous act has an effect in obstructing justice which it would not have if it took place at a more distant point.

Close or at no great distance. Ward v. R. Co., 109 N. C. 358, 13 S. E. 926. Near is a relative term, and its precise meaning depends upon circumstances; Barrett v. Schuyler Co. Ct., 44 Mo. 197; American D. & I. Co. v. Trustees, 39 N. J. Eq. 435; Kirkbride v. Lafayette Co., 108 U. S. 211, 2 Sup. Ct. 501, 27 L. Ed. 705. Two and one half miles was held to he near; Barrett v. Schuyler Co. Ct., 44 Mo. 197.

As applied to space, can have no positive or precise meaning. It is a relative term, depending for its signification on the subject-matter in relation to which it is used and the circumstances under which it becomes necessary to apply it to surrounding objects. A town may be properly said to be near to another town or city, if it is within a distance of a few miles; but if a house is spoken of as near to another, it signifies that it is within a few feet or rods if within the limits of a city or thickly set^ tied village, or within a fraction of a mile if in the country, where the population is more sparse; while an article of furniture is said to be near to a person or object in the same room, if distant therefrom only a few inches. When used to designate and describe the location of a line of railroad, it cannot be interpreted as having any narrow or restricted meaning. Hence a charterpower to construct a branch railroad from a point " at or near " a previously existing road was held duly executed by a location commencing about 2,500 feet from the road. 1863, Fall River Iron Works v. Old Colony & Fall Eiver R. K. Co., 6 Allen, 221. " Near " is a relative term, and its precise import can only be determined by surrounding facts and circumstances. Barrett V. County Court, 44 Mo. 197. A prohibition upon liquor-selling on election days, " near an election ground," includes a locality a mile and a quarter off. Morris ». State, 3 Heisk. {Tenn.) 315.