CONTEMPT

Contumacy; a willful dis• regard of the authority ot a court of justice or legislative body or disobedience to its law• ful orders. Contempt of court is committed by a per- D son who does any act in willful contravention of its authority or dignity, or tending to impede or frustrate the administration of justice, or by one who, being under the court's authority as a party to a proceeding therein, E willfully disobeys it.s lawful orders or fails to comply with an undertaking which he has given. Welch v. Barber, 52 Conn. 147, 5:1 Am. Rep. 567; Lyon v. Lyon; 21 Conn. 198; Ki el v. Lewis, 27 Ind. App. 302, 61 N. E. 20.9; Yates v. Lansing, 9.Johns. (N. Y.) 395, f 6 Am. Dec. 290; Stuart v. People, 4 Ill. 395; Gandy v. State, 13 Neb. 445, 14 N. W. 143. Cla ification. Contempts are of two kinds direct and constructive. Direct contempts are those committed in the immediate view and presence of the court (such as insulting language G or acts of violence) or so near the presence of the court as to obstruct or interrupt the due and orderly course ot proceedings. These are punishable summarily. They are also called "criminal" contempts, but that term is better used in contrast with "civil" contempts. See infra. Ex pa.rte Wright 65 Ind. 508;,State ff v. McC!augherty, 33 W. Va. 250, 10 S. E. 407; State v. Shepherd, 177 Mo. 205, 76 S. W. 79, 99 Am. St. Rep. 624; Indianapolis Water Co. v. American Strawboard Co. (C. C.) 75 Fed. 975; In re Dill, 32 Kan. 668. 5 Pac. 39, 49 Am. Rep. 505; State v. Hansford, 43 W. Va. I 773, 28 S. El 791; Andro scog gin & K. R. Co. v. Andro scog gin R..Co., 49 Me. 392. Constructive (or indirect) contempts are those which arise from matters not occurrin!l' in or near the presence of the court, but which tend to obstruct or defeat the administration of justice, and the term is chiefly used with reference tc, the failure or refusal of a party to obey a law• J ful order, injunction, or decree of the court laying upon him a duty of action or forbearance. Andro scog gin & K. R. Co. T. Andro scog gin R. Co., 49 Me. 392; Cooper v. People, 13 Colo. 3:37, 22 Pac. 790, 6 L. R. A. 430; Stuart v. People, 4 Ill. 395;, McMakin v. Mcl'\fakin, 68 Mo. App. 57. Constructive contempts were for- K merly called "consequential," and this term is still in occasional use. Contempts are also cla ed as civil or crii:nina]. The. for~er a.re!hose quasi contempt11 which consISt lil the fa1lure to do something which the party is ordered by the court to do for the benefi't or advantage of another party to L the proceeding before the court, while criminal contempts are acts done in disrespect of the court or its proce or which obstruct the administration of justice or tend to bring the couft into disrespect. A. civil contempt is not au offense against the dignity of the court, but against the party in whose behalf the mandate U of the court was i ued, and a line la imposed Ill [s. 263]