TITLE XX.

Contempt.

SEC. 179. In the following cases and no others, a justice of the peace may punish for contempt:

First, Persons guilty of disorderly, contemptuous and insolent behavior towards such justice, whilst engaged in the trial of a cause, or in rendering judgment, or in any judicial proceedings, which tends to interrupt such proceedings, or to impair the respect due to his authority.

Second, Persons guilty of any breach of peace, noise, or disturbance, tending to interrupt the official proceedings of such justice.

Third, Persons guilty of resistance, or disobedience to any lawful order or process made or issued by him.

SEC. 180. Punishment for contempt may be by fine not exceeding twenty dollars, or by imprisonment in the county jail not exceeding two days, unless otherwise provided in the discretion of the justice.

Contempt of

court.

Punishment.

defense.

SEC. 181. No person shall be punished for contempt opportunity of before a justice of the peace, until an opportunity shall have been given him to be heard in his defense, and for that purpose the justice may issue his warrant of attachment to bring the offender before him.

SEC. 182. If the offender be present he may be summarily arraigned by the justice and proceeded against in the same manner as if a warrant had been previously issued, and the offender arrested thereon.

SEC. 183. The warrant of commitment for any constable, shall set forth the particular circumstances of the offense, or it shall be void.

SEC. 184. Where any witness attending before a justice of the peace, in any cause, shall refuse to be sworn in some form prescribed by law, or to answer any pertinent or proper question, such justice may, by order, commit such witness to the jail of the county.

Assignment.

Mittimus.

Recusaut wit

nesses.

Specifications

in mittimus.

Adjournment.

Failure to at

stitute contempt.

SEC. 185.

Such order shall specify the cause for which the same was issued; and if it be refusing to answer any question, such question shall be specified therein; and such witness shall be closely confined pursuant to such order, until he be sworn, or answer, as the case may be.

SEC. 186. The justice shall thereupon adjourn such case, at the request of the party, for such time as shall bo reasonable, or until such witness shall testify in the case.

SEC. 187. If any person duly subpoenaed, and obliged fend when to con- to attend as a witness, shall fail to do so, he shall be considered guilty of contempt, and shall be fined all the costs for his apprehension, unless he shall show reasonable cause to the satisfaction of the justice, for his omission to attend ; in which case the party requiring such appearance, shall pay the costs thereof.

Proceedings by

arbitration.

Awards.

Proviso.

TITLE XXİ.
Arbitration.

SEC. 188. Any civil cause pending before a justice may be, by agreement of parties, submitted to the arbitration of three men, the parties each to select one arbitrator, and the two, a third, who shall be sworn by the justice and proceed in a summary manner to hear the cause, either when so sworn, or at some future day to be ordered by them. Either of said arbitrators shall have power to administer oaths to witness, issue subpœnaes for witnesses and compel their attendance with like powers of courts to punish for contempt. They shall make their awards in writing; any two concurring shall be the award of all, such award being reported to the justice, he shall enter judgment according to its terms, and such judgment shall conclude the rights of the parties, and no appeal shall be allowed; Provided, That when it shall be made satisfactorily to appear before the justice within ten days after the entry of judgment, that such award was obtained by fraud,. corruption, or any undue means, the justice shall set aside such award, and the case shall stand for trial as though no award had been made.

Motion to set

SEC. 189. If either party shall feel aggrieved by the decision of the justice upon the motion to set aside the aside award. award upon the grounds of fraud, corruption, or undue means, an appeal may be taken as in other cases and under the same regulations.

SEC. 190. And if on appeal from the judgment of a justice rendered on any such award, the district court shall be satisfied that the award was obtained by fraud, corruption, or other undue means, such court shall set aside the award, and proceed to hear and determine the cause on the merits, as in other cases of appeal.

SEC. 191. But if the court shall be of opinion that the award was not obtained by fraud, corruption or other undue means, it shall render judgment thereon for costs of suit, and award execution as in other cases.

TITLE XXII.

General Provisions.

Appeal.

Judgment.

Costs.

Execution.

recover costs.

SEC. 192. Whenever, by reason of a dismissal, non-suit, Execution to or for any other cause, a judgment shall be rendered against either party for costs only, by a justice of the peace, execution may issue to inforce such judgment, in the same manner and with the same effect as in every other case.

SEC. 193. In case any justice of the peace shall die, or his office shall in any wise become vacant, and any books or papers belonging to such justice in his official capacity, shall come into the hands of any person, the nearest justice may demand and receive such books and papers from the person having the same in his possession.

fice.

Vacancy iu of

Proceedings.

Refusal to de

SEC. 194. If any books or papers required to be delivered to the nearest justice by the preceding section, be liver records. withheld, or if any justice shall refuse to deliver over to his successor any books or papers, in either case the person entitled to receive the said books or papers, may make complaint to the district judge of the district court of the proper county, and if such judge be satisfied by the oath of the complainant, or any other person, that any such books or

Warrant of

commitment.

Neglect to pay over money.

Publicity of

courts.

Deposit of of

papers are withheld, he may grant an order directing the person so refusing, to show cause before him on a day to be mentioned in said order, why he should not be compelled to deliver the same.

SEC. 195. At the time so appointed, or at any other time to which the matter may be adjourned, upon due proo being made of the service of such order, such judge shall proceed to inquire into the circustances, and if it shall appear that the said books and papers are withheld, the officer before whom the proceedings are had, shall, by warrant, commit the person so withholding, to the jail of the proper county, there to remain until he shall deliver the books and papers, or be otherwise discharged according to law.

SEC. 196. If any money shall be collected for any party by a justice of the peace in his official capacity, and he shall have neglected or refused, within a reasonable time after demand, to pay over the same, such neglect or refusal shall be deemed a misdemeanor, and on conviction thereof, such justice shall forfeit his office.

SEC. 197. The courts of justice of the peace shall be public, and every person may freely attend the same.

SEC. 198. It is the duty of every justice upon the ficial docket with expiration of his term of office, to deposit with his successor his official docket, as well his own as those of his predecessor, which may be in his custody, together with all files and papers, laws and statutes pertaining to his office, there to be kept as public records and property. If there be no successor elected and qualified, or if the office become vacant by death, removal from the county or otherwise, before his successor is elected and qualified, the docket and papers in the possession of such justice must be deposited with the nearest justice in the county, there to be kept until a successor be chosen and qualified, then to be delivered over to such successor on request, or if there shall be no justice in the county, then to deposit the docket and papers with the recorder.

SEC. 199. The justice with whom the docket of another may be deposited, either during a vacancy, or as a successor, is hereby authorized, while having such docket legally in his possession, to issue execution on any judgment there entered and unsatisfied, and not docketed in the district court in the same manner and with the same effect as the justice, by whom the judgment was rendered might have done; to take bail in appeal, or for stay of execution; to issue certified transcripts of judgments on such docket, and proceed in all cases in like manner as if the same had been originally had or instituted before him.

Successor to issu execution.

Justice forbid

judgment.

SEC. 200. It shall not be lawful for any justice of the peace to purchase any judgment, upon any docket in his den to purchase possession; and for so doing, and for every such offense, such justice shall forfeit and pay a sum not more than fifty dollars nor less than ten dollars, to be recovered by an action before any court having jurisdiction thereof, and when collected, shall be paid into the treasury of the county where such offense was committed. Said money when so collected and paid in shall be for the support of common schools in said county.

No authority prison for debt.

SEC. 201. Nothing in this act contained shall be so construed as to authorize the arrest or imprisonment of any to arrest or imcitizen of this territory for debt, and nothing in this act shall apply to property, real or personal, goods or chattels, rights or credits, interests or estates, exempt by law from levy, seizure or sale under execution.

SEC. 202. All constables shall be ministerial officers in justice's courts in their respective counties in civil and criminal cases, and civil process may be executed by them throughout the county, and criminal process in any county of the territory.

Ministerial of

ficers.

Duties of con

SEC. 203. It shall be the duty of every constable to serve and execute all warrants, writs, precepts, executions stable. and other process to him directed and delivered, and in all respects whatever to do and perform all things pertaining to the office of constable.