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or upon an order to show cause, grant a warrant of commitment. But no warrant of commitment can be issued without such previous arrest to answer, or upon such notice or order to show cause.

§ 1471. If the party charged be in the custody of an officer, by virtue of a legal order or process, civil or criminal, except upon a sentence for felony, an order may be made for the production of such person, by the officer having him in custody, that he may answer, and he shall thereupon be produced and held, until an order be made for his disposal.

§ 1472. Whenever a warrant of arrest is issued, pursuant to this chapter, the court or officer must direct, whether the person charged may be let to bail for his appearance upon the warrant, or detained in custody without bail, and if he may be bailed, the amount in which he may be let to bail. The directions, given in this respect, must be specified in the warrant.

§ 1473. Upon executing the warrant of arrest, the sheriff must keep the person in actual custody, bring him before the court or officer, and detain him until an order be made in the premises, unless the person arrested entitle himself to be discharged, as provided in the next section.

§ 1474. When the warrant contains the direction to let the person arrested to bail, he must be discharged from the arrest, upon executing and delivering to the officer,

at any time before the return day of the warrant, a written undertaking, with two sufficient sureties, to the effect that the person arrested will appear on the return of the warrant, and abide the order of the court or officer thereupon, or pay, as may be directed, the sum specified in the warrant.

§ 1475. The officer must return the warrant of arrest, and the undertaking, if any, received by him from the person arrested, by the return day specified therein. If he fail to make the return, a warrant of arrest not bailable may be issued against him specifying therein the cause of issuing it.

§ 1476. The officer to whom the warrant mentioned in the last section is delivered, must execute it, by arresting the person proceeded against, bringing him personally before the court or officer, and detaining him in custody until otherwise ordered.

§ 1477. When the person arrested has been brought up, or appeared, the court or officer must proceed to investigate the charge by examining him and witnesses for or against him, for which an adjournment may be had from time to time, if necessary.

§ 1478. Upon the evidence so taken, the court or officer must determine, whether the person proceeded against is guilty of the contempt charged, and if it be adjudged that he is guilty of the contempt, a fine must be imposed upon him, not exceeding two hun

dred and fifty dollars, or he must be imprisoned not exceeding six months, or both. But in the discretion of the court or officer, (in case of inability to pay the fine, or endure the imprisonment,) he may be relieved in such manner and upon such terms as may be just.

§ 1479. If an actual loss or injury, to a party in an action or special proceeding prejudicial to his rights therein, have been caused by the contempt, the court or officer, in addition to the fine or imprisonment imposed for the contempt, may order the person proceeded against to pay to the party aggrieved a sum of money sufficient to indemnify him, and to satisfy his costs and expenses, which order, and the acceptance of the money under it, is a bar to an action by the aggrieved party for such loss or injury.

§ 1480. When the contempt consists in the omission to perform an act which is yet in the power of the person to perform, he may be imprisoned, until he shall have performed it, and in that case the act must be specified in the warrant of commitment.

§ 1481. Persons proceeded against, according to the provisions of this chapter, are also liable to indictment for the same misconduct, if it be an indictable offence, but the court before which a conviction is had on the indictment, in passing sentence, must take into consideration the punishment before inflicted.

§ 1482. When the warrant of arrest has been returned served, if the person arrested do not appear on the return day, the court or officer may issue another warrant of arrest, or may order the undertaking to be prosecuted, or both. If the undertaking be prosecuted, the measure of damages in the action, is the extent of the loss or injury sustained by the aggrieved party, by reason of the misconduct for which the warrant was issued, and the costs of the proceedings.

§ 1483. Whenever, by the provisions of this chapter, an officer is required to keep a person arrested in actual custody, and to bring him before a court or officer, the inability, from illness or otherwise, of the person to attend is a sufficient excuse for not bringing him up. Nor can the officer be required to confine a person arrested upon the warrant in a prison, or otherwise to restrain him of personal liberty, except so far as may be necessary to secure his personal attendance.

TITLE V.

ASSESSMENTS.

CHAPTER I. Assessments for local improvements.
II. Opening of private roads.

CHAPTER I.

ASSESSMENTS FOR LOCAL IMPROVEMENTS.

SECTION 1434. Assessments to be made by three commissioners.

1485. How appointed.

1486. Notice to be given.

1487. Commissioners and their proceedings under control of court. 1488. Any person interested may make himself party.

1489. Court may affirm, modify, or reject report,

1490. Objections how presented.

1491. Trial by jury.

1492. Sale or lease to be reported to court.

1493. Expenses of proceeding.

The subject of assessments upon private property, for what are called local improvements, has been very much agitated, particularly of late years, and opens a much larger field of discussion, than lies within the scope of this code. How far the government may interfere with property; what are the limits of the right of eminent domain, which it is agreed on all hands, belongs to the sovereign authority; and whether the compulsory improvement of one's property, in a manner disagreeable to him, be ever a fair exercise of such authority, are questions, which it will be necessary to enter upon, before any wise and comprehensive scheme of assessments can be adopted.

Our duties do not lead us into the subject, further than to provide the mode of proceeding in the courts, where their interposition is necessary. This interposition in some form is contemplated by the constitution. When the convention met, the abuses of assessments in our cities had excited so loud remonstrances, that two provisions were made in that instrument looking to their remedy. By the 7th section of the first

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